Friday, March 12, 2010

SF Man Dodges Murder Charge; Gets Five Years For Role In Using Forged POA In Attempt To Sell Missing 74-Year Old's $1M Home, Loot Bank Accounts

In Riverside, California, The Valley News reports:

  • An art dealer accused of conspiring with five other men to bilk a Palm Springs retiree -- who is missing and presumed dead -- out of his financial assets, pleaded guilty [] to fraud-related charges and was sentenced to five years in prison. Russell Herbert Manning, 68, of San Francisco, entered his plea to Riverside County Superior Court Judge Thomas Douglass over the objection of prosecutors.

  • Manning and five co-defendants allegedly forged a power of attorney document to empty one of the bank accounts and sell the million-dollar home of 74-year-old Clifford Lambert, who has been missing since December 2008. Murder charges stemming from Lambert's apparent death were dropped against Manning in September, while the other men were ordered by a judge to stand trial for his slaying.

  • Manning's attorney, Brenda Miller, said outside court that Manning had no part in the murder and was swindled by his co-defendants -- San Francisco attorney David Replogle, 60, Kaushal Niroula, 28, Danny Garcia, 27, Miguel Bustamante, 27, and Craig McCarthy, 30.(1)

For more, see Art dealer accused of bilking a missing Palm Springs man sentenced to five years.

(1) The men are accused of killing Lambert so that he could not contest forged power of attorney documents. Investigators believe Niroula let McCarthy and Bustamante into Lambert's home on Dec. 5, 2008, and that Bustamante stabbed the retiree to death. The three allegedly loaded Lambert's body into the trunk of his Mercedes-Benz and dumped his body in the hills in Fontana. Lambert was reported missing two days later by a friend. Detectives went to Lambert's home at 317 Camino Norte and found the mailbox full and his silver 2004 Mercedes missing. Following Lambert's death, Replogle allegedly created a false power of attorney document that allowed the co-defendants to empty his bank accounts. They also allegedly tried to complete a quick sale of his $1 million home for less than $300,000. A judge later halted the sale.

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