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  • Ex-Financial Advisor Wants To Take Back Guilty Plea

    January 6, 2015 by Keith Gushard, kgushard@meadvilletribune.com.

    Jan. 06–A former financial adviser who pleaded guilty in Crawford County Court of Common Pleas last year to charges he stole money from an elderly Meadville woman now wants to withdraw his guilty plea.

    David E.A. Seagren, 70, verbally asked to withdraw his guilty plea before he was to be sentenced Monday morning in Crawford County Court by President Judge Anthony J. Vardaro.

    “If you go to trial, you’ll face all the charges against you,” Vardaro said to Seagren.

    “I know, I know,” Seagren responded.

    Vardaro then issued orders to schedule a hearing for Seagren to withdraw his guilty plea and to continue Seagren’s trial until the March term of county criminal court. No date has been set as of Monday afternoon for the plea hearing.

    Meadville Police Department charged Seagren with taking tens of thousands of dollars from a 97-year-old woman’s bank accounts and using the money on himself. Seagren was expected to go to trial this month in county court, but on Nov. 13, 2014, Seagren pleaded guilty to a total of eight charges in the case — six counts of theft by deception and two counts of forgery.

    Seagren was facing up to 62 years in prison and $140,000 in fines on those eight counts and as part of a plea agreement with the Crawford County District Attorney’s Office was to repay the woman, her trust account or her estate $189,750 in restitution.

    If Seagren now is permitted by the court to withdraw his guilty plea, he then would face trial on the 52 charges filed against him — 22 counts each of theft by deception and theft by unlawful taking and eight counts of forgery.

    If Seagren would go to trial and be convicted on all 52 counts, he could face up to 388 years in jail and $860,000 in fines.

    Michael Antkowiak, Seagren’s defense attorney, told Vardaro he was surprised by Seagren’s request to withdraw his guilty plea.

    “He told me he wanted to withdraw his plea upon my arrival this morning,” Antkowiak said during Seagren’s brief court appearance Monday.

    Antkowiak said he planned to withdraw as Seagren’s attorney in light of Seagren’s request to change his plea.

    “Ethically I can’t represent him since he wants to now change his plea,” Antkowiak said following court.

    “I want to withdraw the plea because I was pressured into it,” Seagren said when asked by a reporter following the hearing.

    District Attorney Francis Schultz said he was frustrated Seagren was ready to be sentenced but then decided to withdraw his guilty plea.

    “But, it is part of the process and we’ll be ready to go to trial in March,” Schultz said.

    Seagren had been the woman’s insurance agent and financial adviser, according to the arrest affidavit Meadville police filed in the case.

    Police allege Seagren took money from the woman between February 2011 and December 2013 by writing checks to himself from a checking account the woman had at First United National Bank, and another checking account the woman had at PNC Bank.

    The charges were filed by Meadville Police Department after Seagren’s now former business partner in Franklin found copies of checks written to Seagren from the woman’s accounts in excess of $120,000, according to the arrest affidavit filed in the case.

    In January 2014, the business partner contacted an attorney claiming the payments to Seagren weren’t authorized by the woman, the affidavit said. The attorney then contacted Meadville police, according to the affidavit.

    In an interview with police, the woman said Seagren has been her financial adviser for 30 years but that she never gave Seagren permission to sign anything and never agreed to pay Seagren any sum of money, according to the affidavit.

    Seagren remains free on $25,000 bond.

    Keith Gushard can be reached at 7246370 or by email at kgushard@meadvilletribune.com.

    ___

    (c)2015 The Meadville Tribune (Meadville, Pa.)

    Visit The Meadville Tribune (Meadville, Pa.) at meadvilletribune.com

    Distributed by Tribune Content Agency, LLC

    Originally Posted at InsuranceNewsNet on January 6, 2015 by Keith Gushard, kgushard@meadvilletribune.com..

    Categories: Industry Articles
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