Suspension For Non-Cooperation
The Indiana Supreme Court has suspended an attorney
the Court ORDERS in DI-87, DI-88, and DI-89 that Respondent be suspended from the practice of law for noncooperation with the Commission, effective immediately. Pursuant to Admission and Discipline Rule 23(10.1)(c)(3), the suspension in each case shall continue until the Executive Director of the Disciplinary Commission certifies to the Court that Respondent has cooperated fully with the investigation or until further order of this Court, provided there are no other suspensions then in effect
Morgan County Correspondent reported on allegations
A former county attorney and Martinsville City Council member is facing a slew of felony charges following an Indiana State Police (ISP) investigation that alleges he bilked more than $160,000 from multiple clients, including Morgan County.
Last Thursday morning, James Kent Wisco, 43, of Martinsville, turned himself into the Morgan County Jail, where he was formally booked and released on $5,000 bond.
According to the jail book-in log, Wisco was charged with theft, official misconduct, as state charges, and counterfeiting as a federal charge.
According to a press release sent out by ISP last Thursday, Wisco is facing 22 charges, including 13 Level 6 felony counts of theft, seven Level 6 felony counts of counterfeiting, one Level 5 felony count of corrupt business influence and one Level 6 felony count of official misconduct.
Due to Wisco’s previous capacity serving as county attorney and as a Martinsville City Council member, along with being attorney for other government entities, a special prosecutor was requested to oversee the ISP investigation, according to Morgan County Prosecutor Steve Sonnega.
All county judges have reportedly recused themselves from hearing the case so a judge from outside the county will have to be appointed to preside over Wisco’s case.
While Wisco’s case remains sealed as of press time and unavailable for public view, the Correspondent obtained a copy of the probable cause affidavit (PCA) in this case.
Probable cause affidavit
The reported PCA is based on ISP Det. Tim Denby’s investigation, which began in December 2023.
According to the PCA, on Dec. 6, 2023, Denby was given information against Wisco related to “criminal complaints of theft and forgery.”
Denby said “multiple clients” had contacted the county prosecutor’s office about paying Wisco for representation in cases but not receiving what was awarded in settlements.
One client who allegedly did not receive the money awarded to them by a court was Morgan County. According to the PCA, Wisco received a check for around $11,700 that was supposed to have been given to the county. Despite telling county officials he was going to forward the funds, the county has not yet received them.
Another case involved a divorce settlement from October 2023, in which $15,000 was placed into a trust account, intended for his client. Wisco twice wrote checks for the amount, and both bounced. His client never received the money.
Denby, along with another ISP detective, visited the law office of Foley, Peden and Wisco on Dec. 12, 2023, where Martinsville municipal judge Mark Peden explained that he and Ralph Foley owned the building, but Wisco “kind of took over the control for paying the utilities and getting the mail,” according to the PCA.
Peden went on to say that in June 2023, his assistant notified him that she was no longer receiving bank records for the trust account.
The bank contacted Peden with copies of six checks “payable to Jim Wisco” in the month of June, totaling $7,500, with Peden’s signature stamp on them. A seventh for $3,529 was made out to client. Peden stated he was the sole signor for the account, and he had not authorized those checks.
His assistant said she first noticed she had not received bank statements in May 2023.
In order to forge the checks, the assistant said Wisco “had to go into her office desk drawer to get the Mark Peden signature stamp and then had to go into her office file cabinet to get the checks,” according to the PCA.
Another case involved three siblings who were beneficiaries of their father’s estate. A check for $15,810 was to be split among them, but the siblings never received the monies owed.
Another complaint alleges Wisco collected a $2,077 check from another attorney for malpractice insurance to use the law office building, but that policy was never paid nor was the attorney notified by Wisco.
The final complaint, going back to Jan. 2, 2024, was when the proceeds from a house sale — totaling $108,838 — were to be split between a divorced couple. Neither former spouse received their allotment.
After interviewing the alleged victims, Denby interviewed Wisco at his office on Feb. 20, when — “after being advised of his rights” — he allegedly confessed to taking funds from six clients totaling around $164,000.
After interviewing Wisco, Denby filed his case with the special prosecutor, who is Jefferson County Prosecutor David Sutter, according to Sonnega.
Cases filed and pending
The criminal charges are not the only cases filed against Wisco, however.
The company holding the mortgage on Wisco’s home on East Harrison Street in Martinsville has filed to foreclose on him.
The company is alleging Wisco has not paid on his home for nearly a year and still owes around $210,000 on it.
Discover Card has filed suit against Wisco for an unpaid account. Discover is alleging he owes around $15,000 on the account.
According to My Case, there are also three disciplinary cases filed against Wisco with the Indiana Supreme Court. According to records, the notices were sent to Wisco’s office on Morgan Street, which has since been closed and the building sold. According to the information in the three cases, Wiso is supposed to show cause why he should not be suspended from the practice of law.
(Mike Frisch)