Rutland, Vermont criminal lawyer represented Defendant charged with knowingly and willfully making false, fictitious, and fraudulent statements and representations to the Social Security Administration.

In May 2021, a federal grand jury in Burlington returned an indictment charging Daniel Chase, 61, of Weathersfield, with three counts of making false statements to the Social Security Admi... More...    $0 (09-08-2022 - VT)

Burlington, VT - Mexican Man Sentenced for Alien Smuggling

Salmen Hernandez-Ayala, 48, a citizen of Mexico, was sentenced on September 10, 2018 in United States District Court in Burlington for transporting three illegal aliens within the United States. United States District Judge Christina Reiss sentenced Hernandez-Ayala to time served. Hernandez-Ayala has been in custody since his ar... More...    $0 (09-10-2018 - VT)

Rutland, VT - Two Nigerian Men Sentenced For Spearphishing Email Scheme

Two Nigerian men were sentenced by Chief United States District Judge Geoffrey Crawford for their role in a conspiracy to steal personal financial information from employees of local governments, including the State of Vermont. Earlier this month, Eneye Dania, 31, of Nigeria was sentenced to a 17-month term of impris... More...    $0 (09-01-2018 - VT)

Defendant Lucas Dwight appeals the trial court’s restitution order requiring him to pay dental expenses resulting from defendant’s conviction for simple assault. Defendant raises two main issues: (1) whether the court erred in awarding restitution for expenses that complainant’s father paid on complainant’s behalf; and (2) whether the ordered repayment schedule, which considered defendant’s e... More...    $0 (08-01-2018 - VT)

Burlington, VT - New Jersey Man Sentenced to Six Months of Incarceration and $10,000 Fine for Hiring Twelve Unauthorized Aliens

Sanjay Gupta, 51, of Fords, New Jersey, was sentenced yesterday for illegally hiring twelve unauthorized aliens to work at his company, Doon Technologies located in Iselin, New Jersey. U.S. District Judge J. Garvan Murtha sentenced Gupta to a six-month term of in... More...    $24000 (09-11-2017 - VT)

Burlington, VT - Brandon Woman Sentenced for Medicaid Fraud

Misti Baker, 36, of West Rutland, Vermont, was sentenced by United States District Court Judge Geoffrey W. Crawford for healthcare fraud. Judge Crawford sentenced Baker to time served plus two years of supervised release and ordered her to pay $77,306.57 in restitution.

According to court records, between 2012 and 2015, ... More...    $0 (03-06-2017 - VT)

Burlington, VT - Donna Young Sentenced for Bankruptcy Misrepresentation

Donna Young, 68, of Wilmington, was sentenced in United States District Court in Burlington following her guilty plea to a charge that she made false statements under penalty of perjury in a bankruptcy case she filed. U.S. District Judge William K. Sessions III placed Young on one year of probation.

On April ... More...    $0 (03-06-2017 - VT)

This is an attempted murder case. At trial, defendant theorized
that a group of late-night club-goers with whom he was partying conspired to frame him for a
stabbing that occurred in downtown Burlington shortly after two o’clock in the morning of
January 15, 2012. Defendant argues that the trial court erred by excluding exculpatory testimony
and by giving misleading jury ins... More...    $0 (07-16-2016 - VT)

1 The following background is taken in the light most favorable to A & A and Mr. Konstantinou as the non-moving parties. The court acknowledges that Manchester CP disputes many of Mr. Konstantinou’s assertions regarding statements made by its agents.
Argirios Konstantinou operated the Manchester Pizza House restaurant in the Price Chopper Plaza at 263 Depot Street in Manchester, Vermont for ... More...    $0 (04-24-2016 - VT)

In the early 1980s, landlords William and Susan O’Brien purchased the subject
property, which is located in the Old North End of Burlington and includes a two-story house
and brick building (referred to as the creamery) with a common wall to the rear of the house.
The creamery has no fixtures and has never been inhabited. After landlords purchased the
property in 1982, the ho... More...    $0 (10-24-2015 - VT)

This case arises out of a divorce proceeding between plaintiff
Kenneth Felis and his former wife, Vicki Felis. Defendant Downs Rachlin Martin, PLLC
(DRM) represented Ms. Felis in the divorce proceeding, and defendant Gallagher, Flynn &
Company, LLP (GFC) was retained by DRM on behalf of Ms. Felis to prepare business
valuations related to the proceeding. Plaintiff appeals the ... More...    $0 (10-24-2015 - VT)

In the early 1980s, landlords William and Susan O’Brien purchased the subject
property, which is located in the Old North End of Burlington and includes a two-story house
and brick building (referred to as the creamery) with a common wall to the rear of the house.
The creamery has no fixtures and has never been inhabited. After landlords purchased the
property in 1982, the h... More...    $0 (10-23-2015 - VT)

Burlington, VT - Paul Hendler, 43, of Taftsville, was sentenced in United States District Court in Brattleboro to 27 months of imprisonment following his guilty plea to federal fraud charges. United States District Court Judge J. Garvan Murtha ordered that Hendler serve three years of supervised release following completion of his prison term and pay restitution in the amount of $550,000. The co... More...    $0 (05-21-2015 - VT)

The Office of the United States Attorney for the District of Vermont stated that Craig Lee Workman, age 42, a Florida man, was sentenced to five years in federal prison today by the Honorable J. Garvan Murtha in U.S. District Court in Brattleboro, Vermont.

Workman pleaded guilty to a fraudulent tax refund scheme that he operated in Florida and Vermont during 2010-12. Having obtained iden... More...    $0 (05-01-2014 - VT)

¶ 1. REIBER, C.J. In this civil action alleging sexual assault and battery and intentional or reckless infliction of emotional distress by a medical doctor during the course of his treatment of a high school female athlete, plaintiff appeals the superior court’s grant of summary judgment to defendant based on the six-year statute of limitations applicable to childhood sexual abuse... More...    $0 (08-09-2013 - VT)

¶ 1. DOOLEY, J. This case presents the difficult task of equitably resolving the fallout from a collapsed, unwritten real estate transaction. Both parties challenge the monetary award arrived at by the trial court, sitting in equity. We conclude that, although correct in some respects, the trial court’s decision mistakenly treated the parties’ agreement as though it were an ag... More...    $0 (09-06-2013 - VT)

¶ 1. DOOLEY, J. Plaintiffs Peter and Nicole Dernier appeal the dismissal for failure to state a claim, of their action for (1) a declaratory judgment that defendant U.S. Bank National Association cannot enforce the mortgage and promissory note for the debt associated with plaintiffs’ purchase of their house based on irregularities and fraud in the transfer of both instruments, (2)... More...    $0 (10-18-2013 - VT)

¶ 1. DOOLEY, J. Plaintiff Janet Knutsen appeals the decision of the superior court denying her motion for summary judgment and granting defendant Vermont Association of Realtors, Inc.’s (VAR) motion for summary judgment on her consumer fraud claim arising out of her purchase of a home in Moretown. Plaintiff argues that VAR’s form purchase and sale agreement, which was used in h... More...    $0 (11-08-2013 - VT)

¶ 1. DOOLEY, J. This case arises out of a proposed housing development in West Woodstock, Vermont. It is not the first case to come before us related to this development. In Roy v. Woodstock Community Trust and Housing Vermont PRD, 2012 VT 87, ___ Vt. ___, 60 A.3d 686, we affirmed the permits for the project granted by the town development review board and the district environme... More...    $0 (01-07-2014 - VT)

¶ 1. BURGESS, J. Defendant Donna Mae Peck appeals from a superior court judgment granting plaintiff Victor J. Shattuck a writ of possession for the parties’ former residence in Cavendish and denying defendant’s counterclaim for an equitable interest in the Cavendish property and another former residence in Springfield. We affirm.

¶ 2. The facts as found by ... More...    $0 (01-20-2013 - VT)

¶ 1. DOOLEY, J. This case derives from a separation agreement made thirty-seven years ago between a now-deceased husband and plaintiff, his first wife. Plaintiff contends that her ex-husband promised to devise to her certain assets upon his death, and she brings various claims for equitable relief against defendant, her ex-husband’s second wife, who survived him. The superior co... More...    $0 (07-27-2012 - VT)

¶ 1. Plaintiff Richard Daniels is seeking foreclosure of a mortgage on two parcels of real property owned by defendant Elks Club of Hartford, Vermont (the Club). Defendant creditors, who include the Vermont Human Rights Commission (VHRC), four individual women, and the Watts Law Firm (Watts), all have junior security interests in the property at issue and oppose foreclosure. Credito... More...    $0 (08-03-2012 - VT)

¶ 1. The trial court dismissed wife’s post-divorce motion for relief from judgment based on husband’s alleged fraudulent concealment of assets without requiring completion of the discovery sought by wife, and without a hearing. We conclude that wife’s motion was time-barred and affirm.

¶ 2. Wife and husband entered into a stipulated final divorce agreement... More...    $0 (07-18-2012 - VT)

¶ 1. BURGESS, J. Appellants Warren and Wynne Kirschbaum (the Kirschbaums) appeal the ruling of the Chittenden Civil Division in favor of appellee First Quality Carpets, Inc. (First Quality) in a dispute over carpet installed in 2007. The Kirschbaums argue that the civil division erred in awarding First Quality attorney’s fees under 9 V.S.A. § 4007(c) of the Prompt Pay Act becau... More...    $0 (05-17-2012 - VT)

¶ 1. DOOLEY, J. Plaintiff David M. Lay appeals from the superior court’s order granting summary judgment to defendants William J. Pettengill, Elizabeth F. Novotny, and Daniel K. Troidl on his complaint. Lay’s claims stem from an internal investigation into his behavior as a state trooper and his subsequent resignation from the Vermont State Police (VSP). Lay argues that the su... More...    $0 (11-23-2011 - VT)

¶ 1. In this dispute between neighboring landowners, defendant Stowe Mountain Club, LLC (SMC) appeals from a judgment in favor of plaintiff David Smalley on his claim that portions of a golf course built and operated by SMC violate restrictive covenants in Smalley’s deed. SMC contends that, in granting declaratory and injunctive relief in favor of Smalley, the trial court: (1) misconstrued t... More...    $0 (05-20-2011 - VT)

¶ 1. In this dispute between neighboring landowners, defendants appeal from a superior court order rejecting their claim that plaintiffs violated a deed restriction limiting the number of houses to be constructed on the property. Among other claims, defendants contend the trial court erred in concluding that they lacked standing to enforce the restriction. We affirm.

¶ 2. The ... More...    $0 (05-16-2011 - vt)

¶ 1. BURGESS, J. The plaintiff in this declaratory judgment action, Northern Security Insurance Company (Northern), appeals from a superior court judgment that it owes a duty of coverage to Rose, Steven, and Kyle Perron, its insureds under a homeowner’s policy. Northern contends the trial court erred in ruling that: (1) Rose Perron’s misrepresentation did not void coverage of ... More...    $0 (10-08-2010 - VT)

¶ 1. Plaintiffs appeal from a superior court order granting summary judgment to defendant Town of Charlotte. Plaintiffs argue the Town is required to maintain gates and fences along a Town-owned private lane providing access to plaintiffs’ property. The trial court ruled that the Town “has no obligation or duty to erect, maintain, close, or open any gate(s) at either endâ€� of the lane, nor... More...    $0 (08-13-2010 - VT)

¶ 1. Harry and Lucille Clayton appeal from the trial court’s order granting summary judgment to defendants on their legal malpractice claim and dismissing their remaining claims. The Claytons argue that summary judgment was improperly granted, focusing on attorney Stephen Unsworth’s alleged “waiverâ€� of a statute-of-limitations defense in an arbitration proceeding. We affirm... More...    $0 (08-26-2010 - VT)

This interlocutory appeal arises out of a dispute over development rights at the Woods at Killington condominium complex (the Woods) in Killington, Vermont. An association of condominium unit owners located at the Woods (the Association) appeals from a decision by the Rutland Superior Court granting summary judgment in favor of developers Richard Madowitz and Douglas Kohl, who are seeking to fur... More...    $0 (07-02-2010 - VT)

This case arises from the demise of a business relationship within a construction company. Defendants Peter Smejkal, Iva Smejkal, Merkur Construction, LLC, and IS Enterprises, LLC appeal from the partial denial of their post-trial motion for judgment as a matter of law, or in the alternative, for a new trial, following a jury verdict in favor of plaintiffs Jeanne Morrissey and J.A. Morrissey, Inc... More...    $0 (07-02-2010 - VT)

¶ 1. BURGESS, J. Defendant appeals from a partition judgment in which the trial court awarded defendant the option of purchasing plaintiff’s share in certain real property, or in the alternative, if defendant did not exercise the option, ordered the property to be sold and proceeds divided according to a court-ordered percentage plan. Defendant claims on appeal: (1) that the court... More...    $0 (04-16-2010 - VT)