Posted 9:19 am Tuesday, November 25, 2008
Tyler Attorney Disbarred After Taking $60K from Client
By CASEY KNAUPP
Staff Writer
A Tyler attorney serving probation for taking more than $60,000 from an elderly client has been disbarred from the State Bar of Texas.
Staff Writer
A Tyler attorney serving probation for taking more than $60,000 from an elderly client has been disbarred from the State Bar of Texas.
Steven Ray Sims, 52, pleaded guilty to a second-degree felony charge of misapplication of fiduciary/financial property of an elderly person, whose affairs he handled. Because Sims repaid the money, he received five years deferred adjudication probation in May, Smith County District Attorney Matt Bingham said at the time of the sentencing.
The State Bar of Texas' Board of Disciplinary Appeals signed a judgment disbarring Sims in August because of the felony charge, the Texas Bar Journal has reported in its November edition.
After entering into a plea agreement with attorneys, Sims was sentenced by 241st District Judge Jack Skeen Jr. to five years of deferred adjudication probation, ordered to perform 400 hours of community service, repay the victim more than $68,000 and pay more than $3,000 in other fees.
If Sims completes the terms and conditions of his deferred probation, the felony charge could be wiped from his record.
"This charge is usually a third-degree felony, but in this case, it was enhanced to second-degree because the victim was elderly," Bingham said.
Sims was trustee of an estate of an 84-year-old.
"But instead of managing that estate, he was taking a large amount of money and converting it to his personal use," Bingham said.
When the crime was discovered, the DA's office hired a forensic accountant to help with the investigation. Investigators found Sims had stolen about $60,000. He faced two to 20 years in prison for the charge.
Bingham said his office agreed to the probated sentence because Sims repaid the entire amount up-front to the victim.
"It was very important to us that we get that money back for her immediately, because she's dependent on that," Bingham said.
Sims was represented by Tyler defense attorney F.R. "Buck" Files Jr.
According to the State Bar of Texas, Sims received his law degree from Baylor University and became a licensed attorney in Texas in 1980. His primary area of practice was wills, trusts and probate.
Updated Tuesday, Nov. 25, 2008 at 12:13 p.m. CST
Updated Tuesday, Nov. 25, 2008 at 12:13 p.m. CST
