Disbarred Michigan attorney sentenced to jail for stealing from 95-year-old client
KALAMAZOO COUNTY, Mich. (FOX 2) - A disbarred attorney will spend time in jail for stealing from a 95-year-old client.
James O'Briant, 64, will spend 120 days in the Kalamazoo County Jail. After his release, he will be on probation for three years.
O’Briant stole more than $140,000 from the victim while disbarred and working with a licensed attorney. He did not report the money he stole from the victim on his taxes in 2018 or 2019, leading to tax crime charges.
Last October, O’briant pleaded guilty to four counts of larceny $20,000 or more and two counts of taxes-failure to file/false return. As part of his plea, he would be sentenced only on one larceny count and one tax-failure charge if he paid $154,511.73 in restitution to the victim by the end of April. He failed to pay it by the deadline, so he was sentenced on all six counts.
He also must pay $13,556 in restitution to the Michigan Department of Treasury.
The licensed attorney O'Briant was working for had a representation agreement with the victim and agreed to temporarily hold their money in the law firm’s trust account for safekeeping.
According to Attorney General Dana Nessel's office, O’Briant transferred the victim’s money from the trust account to the firm’s business accounts and then withdrew and transferred the money again to use for his own purposes. These transfers included more than $40,000 to O’Briant’s personal investment accounts.
"Mr. O’Briant preyed on a client who entrusted his employer with her finances," Nessel said. "This sentence is a testament that those who take advantage of their clients and have such blatant disregard for the law will be held accountable. My office will continue to protect our most vulnerable from thieves."