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Former Charleston lawyer indicted, accused of embezzlement

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By Kate White

Two years after surrendering his license to practice law in West Virginia, a former Charleston lawyer has been named in a 21-count indictment charging him with embezzlement by misuse of fiduciary.

Robert Michael Martin pleaded not guilty to the charges during an arraignment this week in Kanawha County Circuit Court. His license to practice law was annulled in 2015, according to a state Supreme Court order, which shows Martin agreed not to fight the recommendation of a lawyer disciplinary board.

Martin has not been arrested and will await trial at home. Circuit Judge Charles King on Monday set a July 10 trial date and allowed Martin to leave the courthouse on a $25,000 personal recognizance bond.

The indictment alleges 21 of Martin's former clients were never properly paid after their civil cases were resolved.

In those cases Martin "did unlawfully, feloniously, willfully and with the intent to defraud misuse and misappropriate the funds" of at least $1,000, the charging document states.

Assistant Kanawha Prosecutor Rob Schulenberg said Tuesday that the prosecutor's office, along with the West Virginia State Police and the state Insurance Commissioner have been investigating Martin for the past two years.

The indictment states that State Police Sgt. Leslie Boytek gave testimony on Martin before a grand jury in Kanawha.

The allegations contained in the indictment resemble claims brought in more than 10 lawsuits filed against Martin in Kanawha, Raleigh and Wayne counties by former clients.

Ethics charges filed by the state Office of Disciplinary Counsel, which led to Martin surrendering his law license, also included allegations of embezzling from clients.

An indictment is not a finding of fact. It means only that a grand jury believes there's enough evidence to warrant a jury trial.

Martin, who couldn't be reached for comment Tuesday, is represented by Charleston lawyer Trent Redman. Redman declined comment.

Reach Kate White at kate.white@wvgazettemail.com, 304-348-1723 or follow @KateLWhite on Twitter.


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