Georgia Federal Court Awards $1,429,391 in Estate Fraud Judgment

A resident of Virginia died in a North Carolina motor vehicle collision in January 2005. His parents, the plaintiffs, subsequently alleged that the defendant, an individual who was not an attorney, solicited them to represent their interests in their son's estate. The plaintiffs agreed, and the defendant became the administrator of the estate. The plaintiffs claimed the defendant reported collecting assets valued at $903,649 and making distributions of $160,721, along with a $250,000 structured settlement.

The plaintiffs later alleged that the defendant's itemization of disbursements included unauthorized payments. They filed a lawsuit in the U.S. District Court for the Southern District of Georgia, asserting claims for breach of contract, fraud, and violations of Georgia and Virginia statutes, as well as federal and Georgia RICO statutes.

The plaintiffs moved for default judgment. In January 2009, the court granted judgment as to liability against the defendant for all claims asserted in the complaint, directing the plaintiffs to provide additional documentation regarding compensatory damages. In September 2009, the court entered a final judgment in the plaintiffs' favor, awarding a total of $1,429,391. This sum included $1,417,247.79 in treble damages, $9,292.50 for attorney fees, and $2,851.32 for costs and expenses.