Overwhelmed
Recent disciplinary action of the Michigan Attorney Discipline Board
On January 16, 2025, respondent was convicted by no contest plea of embezzlement by agent, over $1,000 less than $20,000, a felony, under MCL 750.174(4)(a); and check-non-sufficient funds $100 or more but less than $500, a misdemeanor, under MCL 750.131(3)(b)(i), in State of Michigan v Michelle L. Elowski, Oscoda County 23rd Circuit Court, Case Nos. 24-1953FH; 24-1954-FH. Upon respondent’s conviction and in accordance with MCR 9.120(B)(1), respondent’s license to practice law in Michigan was automatically suspended.
Upon the filing of a judgment of conviction, this matter will be assigned to a hearing panel for further proceedings. The interim suspension will remain in effect until the effective date of an order filed by a hearing panel under MCR 9.115(J).
The Alpena News reported
On Tuesday, former attorney Michelle Elowski was sentenced to eight months in jail by Judge Laura Frawley of the Oscoda County 23rd Circuit Court.
Elowski was charged with one count of check fraud with non-sufficient funds of $500 or more, one count of embezzlement by a trustee of $1,000 or more but less than $20,000, and one count of embezzlement by a trustee of $50,000 or more but less than $100,000.
Elowski was slated to appear in trial at the end of January, but that trial was canceled due to a plea deal.
Elowski and Attorney Ravi Gurumurthy of Gurumurthy hoped to reduce Elowski’s sentence to a home confinement so she could take care of the medical needs of her husband and work to pay back the clients she embezzled funds from.
In a statement, Elowski apologized profusely to all the people she had hurt, including wronged clients and Judge Frawley herself.
Elowski turned to look at Ms. White, a victim of Elowski’s crimes that testified at the proceedings Tuesday, and apologized directly to her.
Elowski stated that she took full responsibility for her actions and that she would do anything she could to make it right.
She said that she was overwhelmed by events in her life, both inside and outside of her occupation as an attorney, which led her down the path to mismanaging finances and embezzling funds from clients.
“I was a horrible businesswoman,” she said. “I was so overwhelmed. I accept responsibility for the horrible business decisions I made that led me down this path.”
Gurumurthy argued in favor of Elowski’s character in reducing her sentence, stating that Elowski had no prior criminal history before the current charges and that she zealously represented her clients as an attorney. Additionally, he argued that payments to victims will only be delayed further if Elowski were to be incarcerated.
Frawley acknowledged the quality of Elowski’s character. They had faced each other in court many times before with Elowski as attorney.
“She was a vigorous advocate on behalf of her clients,” Frawley said.
However, Frawley stated that “her competence makes this all the more shocking.”
Elowski was cognizant of how finances should be handled, Frawley said. In addition to being an attorney, she also had experience as a finance manager, according to Oscoda County Prosecuting Attorney Kristi McGregor.
“That’s pretty much law school 101,” Frawley said about handling client finances.
Oscoda County Prosecuting Attorney Kristi McGregor argued that attorneys have the responsibility to help people in distressed times, and Elowski failed to follow this principle when she embezzled funds from her clients.
McGregor suggested that Elowski receive a sentence of 12 months in jail, exceeding the zero to six months recommended in the sentencing guidelines for Elowski’s crimes.
Frawley sentenced Elowski to eight months in jail with two years probation. Elowski is to report to the Roscommon County Jail by 4 p.m. on Friday.
(Mike Frisch)