THE SCHEME - PHASE ONE
December 10, 2016:
Jeffrey Helder of Cunningham & Dalman was in an existing attorney/client relationship with George Alan Stoutin and David R. Heilman.
George Alan Stoutin was the Edward Jones investment advisor who managed the brokerage accounts for Bill Johnson and Ralph Siddell. David Heilman -- an Edward Jones employee who was now married to Stoutin -- knew that he was the successor fiduciary for Bill and Ralph's estate plans and trusts, whether or not he was appointed or confirmed by the court. MCL 700.1107(o)
Edward Jones, George Alan Stoutin, Barbara McNally, David Heilman, Jeffrey Helder, and Denise J. Teunis each knew that:
Bill Johnson and Ralph Siddell were 86 and elder under 42 USC 1397j(5).
Since the beginning of 2016, Bill and Ralph were both receiving personal care services pursuant to a Genworth Financial long-term care policy procured through and serviced by Edward Jones and Stoutin.
Bill Johnson was hospitalized in Grand Rapids receiving end-of-life care.
Ralph, ill himself and deeply grieving Bill's impending death continued to receive personal care from Denise J. Teunis that included bathing, dressing, transferring, eating, ambulating, cognitive supervision and homemaker services.
As a Michigan attorney, Jeffrey Helder knew that Bill and Ralph were both vulnerable to exploitation pursuant to MCL 400.11(f) and that they received "personal care" defined under MCL 750.145m(m) and were vulnerable adults pursuant to MCL 750.145m(u)(i) and (iii) and MCL 750.174a(15)(c). Helder knew that Denise Teunis was under a legal duty to report suspected financial exploitation of Ralph Siddell. MCL 400.11a
Edward Jones, Stoutin, McNally and Heilman, knew pursuant to FINRA Rule 2090 that Bill and Ralph were both vulnerable to exploitation pursuant to MCL 400.11(f) and that they received "personal care" defined under MCL 750.145m(m) and were vulnerable adults pursuant to MCL 750.145m(u)(i) and (iii) and MCL 750.174a(15)(c).
Edward Jones, Stoutin, McNally and Heilman were subject to the Bank Secrecy Act and under legal duties to file a Suspicious Activity Report involving elder financial exploitation, suspicious account activity, conversion, embezzlement or money laundering.
December 14, 2017:
Attorney Helder transmitted an email to George Stoutin at an Edward Jones email address, and to Heilman's personal email address. Helder's email attached estate documents that Stoutin and Heilman requested Helder to create for "Siddell and Johnson." At the time that Helder transmitted the email to Stoutin and Heilman, he had never talked to Bill Johnson or Ralph Siddell. Helder never obtained conflict waivers as required under the MRPC 1.7(a)(2), and never obtained a retainer agreement allowing him to perform estate planning services for Bill or Ralph. Helder created estate documents for Bill and Ralph based upon communications from Stoutin and Heilman.
We alleged in pleadings that this email constituted wire fraud under 18 USC 1343 to defraud William H. Johnson Jr. before his death while he was hospitalized. Michigan's One Court of Justice ignored the email.
Friday, December 16, 2016:
Bill Johnson passed away.
Monday, December 19, 2016:
Jeffrey Helder's assistant transmitted an email to Helder that stated David Heilman had called to talk with Helder concerned that Bill Johnson died before he signed the estate planning documents.
Michigan's One Court of Justice ignored this email demonstrates that George Stoutin and David Heilman conspired with Jeffrey Helder to financially exploit William H. Johnson Jr. before his death by attempting to induce him to execute estate documents when he was not well enough to independently understand the documents.
Monday, December 19, 2016:
David Heilman knew Ralph was ill with a shingles outbreak and that he was grieving Bill's death. Heilman induced Ralph to travel to Macatawa Bank in the middle of winter to open the safety deposit box that he had not opened in years. It is unknown what was removed from the box that Bill may have left for Linda.
Before the scheme began to crack in February of 2021, Heilman's admitted in pleadings that during this time Ralph was sick and that he did not know whether Ralph would recover or live long past Bill Johnson's death.
Further, Heilman's deposition testimony on December 18, 2020 (conducted via the internet) is inconsistent whether he did or did not see what was in the box.