OHIO SUPREME COURT Goldberg's theft jeopardizes fund

The lawyer is the most flagrant offender in the history of the security fund, an official said.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A handful of Richard Goldberg's victims are getting some money back, but there is still a long line of people who say they're owed money, too.
The Ohio Supreme Court's client security fund approved payment totaling $177,000 to five of Goldberg's former clients, said Janet Green Marbley, fund secretary. That brings to 11 the number of people who've been reimbursed by the fund for Goldberg's misdeeds.
The client security fund, established by the high court in 1985, compensates victims of attorney theft. It is funded by a $250 registration fee lawyers pay every two years.
Goldberg is an attorney who specialized in medical malpractice cases. His license has been suspended pending final action by the Supreme Court's disciplinary counsel.
Marbley said there are still 20 to 25 complaints pending against Goldberg.
"It will be a while before we get to all of his victims," she said. "He's by far the worst offender in the history of the fund."
How bad: In December, Marbley said 35 of Goldberg's former clients had filed claims against him, most seeking the maximum of $50,000.
Because of the extraordinarily high number of claims by Goldberg's victims, officials said the fund is in jeopardy of being depleted. The state is looking for other sources of revenue to keep that from happening.
Goldberg pleaded guilty in August 1999 to bilking 23 clients out of $4.4 million they should have received in civil lawsuit settlements. He is serving a 41-month sentence in a federal prison at Morgantown, W.Va.
As part of a plea agreement, federal authorities held Goldberg accountable for about $1.2 million, which reduced his prison sentence.
What's sought: But federal prosecutors have asked Judge Dan Aaron Polster of U.S. District Court to impose a new sentence based on the total amount, which would add 11 months to the prison term, said David Sierleja, assistant U.S. attorney.
Sierleja said authorities believe Goldberg diverted assets to friends and relatives instead of putting them into a court-ordered restitution fund.
A hearing on the request will be in April, Sierleja said.