Scott Lennox

PLYMOUTH — Former Warsaw attorney Scott Lennox, 51, received a suspended sentence in Marshall County Superior Court 2 on Friday, Feb. 28, after stealing funds from the law firm he worked for.

Lennox, who now lives in St. Clair, Mich., was charged with two counts of fraud on a financial institution, level 5 felonies; and six counts of theft, level 6 felonies.

“It’s a surreal moment for me,” said Lennox upon giving a statement in court. “I tried to maintain an insane amount of living for a very long time, and I thought I could keep juggling things. But I have no excuses. I am embarrassed and ashamed.”

On Nov. 27, 2018, an officer with the Warsaw Police Department met with attorney Matthew Buehler, who alleged Lennox had taken money from three trust accounts and from the business operating account of Lennox, Sobek and Buehler, LLC.

On Dec. 21, 2017, the law firm opened an IOLTA trust account with Lake City Bank. An IOLTA account is a trust account for an attorney for the short-term holding of client funds not yet earned or disbursed. In October of 2018, Buehler learned that Lennox was removing money from the trust account for personal use.

According to court documents, Buehler further said he was notified by the law firm’s bookkeeper that Lennox made a cash withdraw on Oct. 30, 2018, of $5,500 from the trust account. Of that amount, $5,000 was deposited into the firm’s business account but no fees had been earned to justify the withdrawal. Similar incidents occurred on Nov. 7, 2018; and on Nov. 8, 2018. Charging documents also show that on Nov. 21, 2018, Lennox made an online transaction from the trust account to Lennox’s personal Verizon Wireless account in the amount of $1,620.71.

On Nov. 21, 2018, Lennox went to a local branch of Lake City Bank and presented a typed document claiming authorization to add his name back onto the trust account. Buehler had not given Lennox the authority to do so. Lennox also presented and cashed checks from the law firm trust account, made payable to Lennox, twice in November 2018.

A few days later, a WPD officer spoke with the law firm’s bookkeeper, who said she wrote checks at Lennox’s direction for $7,000 to Bowers Jewelry and $6,000 to The Car Company. Neither of the companies were clients of the law firm. The Bowers Jewelry check was for an engagement ring and The Car Company check was for payment for Lennox’s son’s vehicle.

Lennox’s law license was suspended in 2019.

During court proceedings, Marshall County Superior Court 2 Judge Dean Colvin asked if Lennox would be able to make restitution payments to pay back victims in the case. Colvin expressed concern about the lack of financial information on Lennox in the pre-sentence investigation report. Defense Attorney Alexander Hoover said that Lennox is currently employed at a car dealership and that he “doesn’t think there’s a reason he (Lennox) can’t make restitution payments.”

When asked how soon he would be able to begin paying restitution, Lennox said he could start making payments in March.

Colvin put the case into perspective.

“This is one of the toughest cases the court has had to handle,” said Colvin. “It’s very disappointing, especially since we had you as an attorney in this courthouse a number of times. It’s a black moment not only for your life but for the profession.”

For each fraud on a financial institution charge, Colvin gave Lennox a six-year Indiana Department of Corrections sentence, with both charges running concurrently. Colvin also gave Lennox a one-year suspended sentence for each count of theft. The theft sentences all run consecutively to the sentence imposed for the fraud charges. In total, Colvin gave Lennox a 12-year suspended sentence and will not have to serve time behind bars if he does not violate any probation department rules.

As part of his sentence, Lennox will have to pay $51,088.52 in restitution to the victims in this case. $14,621.71 in restitution must be paid to Sobek, Buehler and the law firm the three formerly operated. $1,986 in restitution must be paid to Lake City Bank. In regards to the additional $34,481.81 in restitution, a surrogate attorney will help identify which former clients of Lennox’s are entitled to reimbursement.