Marshfield Attorney Convicted, Sentenced To State Prison On Charges He Stole More Than $1 Million From Clients

August 10, 2007 -- BROCKTON – Today, a Plymouth County, Massachusetts Superior Court jury convicted a disbarred Marshfield attorney on charges he stole $1.2 million from six of his own clients. Gerard Battista, age 59, of Norwell was found guilty on charges of Larceny over $250 (5 counts) and Larceny over $250 From a Person Over 60. Brockton Superior Court Judge Elizabeth Donovan sentenced Battista to serve four to six years in State Prison on the charge of Larceny over $250 From a Person Over 60 and four to five years in State Prison to run concurrent on two of the counts of Larceny Over $250.

Judge Donovan postponed sentencing on the remaining three charges of Larceny Over $250 pending a series of reporting dates for which she requested Battista report to the court his financial situation. Donovan specifically requested that Battista report to the court about two condominium properties purchased recently by Battista in Toronto and El Salvador. The first reporting date is scheduled for September 25 in Brockton Superior Court. Battista was committed to State Prison today.

The Attorney General’s Office began investigating Battista in December 2005, after the Board of Bar Overseers referred several complaints against Battista. The complaints alleged that in several instances Battista had been entrusted with large sums of clients' money that he then failed to return to them.

According to authorities, in six instances Battista took money from clients and in five instances did not return it. In total, it is alleged that Battista stole more than $1 million from clients in these instances.

In July 2005, a couple hired Battista to assist with the sale of a home in Massachusetts and the purchase of a home in Florida. After the sales, the family made numerous requests to Battista over several months for the proceeds of the sales, which amounted to more than $200,000. It was not until the couple hired a second lawyer and sued Battista that they had their money returned.

In investigating this incident, authorities found that the money Battista used to pay back this couple came from another of Battista’s clients. This victim had hired Battista to perform estate planning.

In total, Battista stole more than $1 million in these instances. The investigation found that he used the funds from his client account for personal expenses, including spending thousands of dollars at adult entertainment clubs, payments on a Jaguar, home mortgage and credit card expenses.

On May 24, 2006, the Board of Bar Overseers disbarred Battista.

Battista was indicted by a Plymouth County Grand Jury on the charges August 18, 2006. He was arraigned on September 11, 2006 at which time he pled not guilty and was held on $50,000 cash bail. Battista’s trial began on Monday, August 6, 2007, with jury selection. Closing arguments were given Thursday afternoon, and the jury delivered their verdict at noon today after deliberating for approximately five hours. The prosecutor assigned to this case was Assistant Attorney General James O'Brien. It was investigated by State Police assigned to the Attorney General's Office with assistance from financial investigator Sallyann Nelligan.

Source: Massachusetts Attorney General

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