Seattle1
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May 4, 2022
Fleming, 53, was suspended from the practice of law by Order of the Supreme Court of South Carolina on October 8, 2021. Fleming was previously indicted in March 2022 by the South Carolina State Grand Jury for 18 counts including Breach of Trust with Fraudulent Intent, Money Laundering, Computer Crimes, and Criminal Conspiracy. Fleming is currently out on bond for the previously unsealed State Grand Jury charges.
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The second superseding April indictment additionally charges Murdaugh and Fleming together with one count of Criminal Conspiracy for allegedly conspiring to surreptitiously misappropriate to Murdaugh $89,133.44 in funds Fleming held in trust as attorney for Pamela Pinckney. The indictment further charges Fleming individually for Breach of Trust with Fraudulent Intent, Value More than $10,000 in connection with the alleged scheme. Independent of the conspiracy, the indictment additionally charges Fleming individually for Breach of Trust with Fraudulent Intent, Value More than $2,000, but less than $10,000; and Breach of Trust with Fraudulent Intent, Value Less than $2,000; in connection with his alleged use of funds he held in trust as attorney for Pamela Pinckney totaling $8,078.46, for personal expenses to take himself, Murdaugh, and another attorney on a private plane to the 2012 College World Series in Omaha, Nebraska. Finally, the indictment also charges Fleming individually for Breach of Trust with Fraudulent Intent, Value More than $2,000, but less than $10,000, for allegedly misappropriating to Murdaugh $4,560.00 in funds Fleming held in trust as attorney for Pamela Pinckney, under the false and fictitious guise of unspecific case expenses.
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Altogether, through 15 indictments containing 79 charges against Murdaugh, the State Grand Jury has indicted Murdaugh for schemes to defraud victims of $8,492,888.31. Although some of the amounts as to Fleming and Laffitte overlap as to the alleged amounts for Murdaugh, as to Fleming, through two indictments containing 23 charges against him, the State Grand Jury has indicted Fleming for schemes to defraud victims of $3,725,203.85. As to Laffitte, through three indictments containing 21 charges against him, the State Grand Jury has indicted Laffitte for schemes to defraud victims of $1,832,772.30.
This State Grand Jury investigation is being conducted by the South Carolina Law Enforcement Division, the South Carolina Attorney General’s Office, the Federal Bureau of Investigation, and the United States Attorney’s Office. The case will be prosecuted by The South Carolina Attorney General’s Office.
The crimes charged in the indictments carry the following classifications and penalties:
- Computer Crime, Value $10,000 or More, is a felony punishable upon conviction by imprisonment for up to five years and/or a fine of up to $50,000.
- Breach of Trust with Fraudulent Intent, Value $10,000 or More, is a felony punishable upon conviction by imprisonment for up to 10 years, or a fine at the discretion of the court.
- Breach of Trust with Fraudulent Intent, Value More than $2,000 but less than $10,000, is a felony punishable upon conviction by imprisonment for up to five years, or a fine at the discretion of the court.
- Breach of Trust with Fraudulent Intent, Value Less than $2,000, is a misdemeanor punishable upon conviction by imprisonment for up to 30 days, or a fine of up to $1,000.
- Criminal Conspiracy, is a felony punishable upon conviction by imprisonment for up to five years or a fine of up to $5,000.
Relative to a legal error in his punishment, the classifications and penalties are established by State statutes.
IMO, even without the Flemings published Appeal, I don't see this going anywhere. Just a case of sour grapes by another entitled buddy of AM. Also, please see the 8/23 YT plea hearing at about the 58-minute mark for the defendant's acknowledgment of his guilt per the two indictments and charges.
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