“I’m Gonna Kill You”
The Illinois Administrator has filed charges alleging that an attorney converted funds of an estate.
The complaint describes an alleged course of conduct that led to the attorney’s escrow account being frozen.
At no time did Respondent have authority to use any unearned portion of the proceeds from the law division matter for his own personal or business use.
As of October 31, 2017, Respondent had used at least $74,707.34 of the proceeds belonging to the Wellington estate for his own business or personal purposes.
By using proceeds belonging to the Wellington estate without authority, Respondent engaged in the conversion of those funds.
Then
On May 9, 2018, upset that his IOLTA account had been frozen and the $23,215.05 in remaining proceeds turned over to the estate, Respondent called Grant Blumenthal, counsel for the independent successor administrator’s cellphone and left the following voicemail:
Grant, this is Kevin Duckworth. You have one hour, one hour. If you don’t uh…[unintelligible] emails and key at Bank of America. And, um, Bank of America. You will have one hour. One hour. Bank of America…[unintelligible] plus interest.
Also on May 9, 2018, Respondent appeared at the office of Alan Rhine, counsel for defendant Irfan Sheikh in the law division matter. Upon being greeted by Rhine in the waiting room, Respondent grabbed Rhine by his tie and demanded that Rhine give Respondent his money. Rhine, who had no involvement in the probate court’s freezing of Respondent’s IOLTA account and the removal of the account’s remaining funds, was able to free himself and call the police, but did not press charges.
On May 10, 2018, Respondent, with the intent to abuse, threaten and harass Blumenthal, called a number he knew belonged to Blumenthal and left the following voicemail:
Grant, you’re playing games. I called you yesterday, and I told you if I don’t get my money today by noon, I’m gonna kill you. You’re full of shit. Call me back.
On May 14, 2018, in response to the threats he received from Respondent, Blumenthal filed a petition for stalking no contact order in the Circuit Court of Cook County, Domestic Relations Division. The Clerk of the Court docketed that matter as Blumenthal v. Duckworth, 18 OP 73557. Judge Judith Rice presided over that matter.
On June 25, 2018, during a hearing for Blumenthal’s petition for sanctions and fee petitions in the Henderson probate matter, 13 P 2677, Respondent appeared, purportedly on behalf of the estate. During that hearing, the following exchanges took place between the Court, Blumenthal, and Respondent:
THE COURT: Let’s wait for the other attorney. Could I have everybody state their name for the record.
MR. DUCKWORTH: Kevin Duckworth.
MR. BLUMENTHAL: Representing?
THE COURT: Who do you represent in this case?
MR. DUCKWORTH: Kevin Duckworth.
THE COURT: Who do you represent in this case?
MR. DUCKWORTH: The estate, Wellington—Wellington Henderson.
THE COURT: Okay. You are the former attorney for Rita Henderson.
MR. DUCKWORTH: Well, that’s—let me—you—I don’t know it. You—you have—you have an opinion is [sic] different. Your opinion is different.
THE COURT: Okay. Well, my orders are different.
…
MR. DUCKWORTH: Judge, I disagree. And I’m a little pissed.
THE COURT: You can’t use that language here in this courtroom. You’re a professional.
MR. DUCKWORTH: Yes, I know.
…
MR. DUCKWORTH: We already—we already got court—we already got court on the—we’re going to be in court already on the 12th.
…
MR. BLUMENTHAL: All right. I would rather get it done —
MR. DUCKWORTH: Let’s go to August.
MR. BLUMENTHAL: — get it done even earlier, Judge. It will take me seven days.
MR. DUCKWORTH: I’m going to kill him. I’m going to kill him. So August—August fine with me. I got the—I got the papers. I got the papers.
THE COURT: That conduct is unacceptable.
MR. DUCKWORTH: Okay. I know.
On July 12, 2018, Judge Rice entered an interim no contact order against Respondent in matter number 18 OP 73557, prohibiting Respondent from stalking or otherwise having any contact with Blumenthal.
On November 2, 2018, Judge Rice entered a plenary no contact order against Respondent in matter number 18 OP 73557, prohibiting Respondent from stalking or otherwise having any contact with Blumenthal for a period of two years.
On November 30, 2018, attorney Anthony Schumann (“Schumann”) filed on behalf of Respondent a motion to vacate the court’s November 2, 2018 no contact order in matter number 18 OP 73557.
On December 20, 2018, the court vacated its November 2, 2018 plenary order and reinstated the July 12, 2018 interim order in matter number 18 OP 73557.
Matter number 18 OP 73557 is stilling pending at the time this complaint was filed.
(Mike Frisch)