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Moyler sentenced to 18 months
Published Wednesday, March 10, 2010
Photo by Charlie Passut
Amy Moyler helps her father, James Edward Moyler Jr., to his car along with family and friends shortly after he was sentenced to 18 months in prison in Southampton County Circuit Court on Tuesday.
COURTLAND—James Edward Moyler Jr., the former Franklin attorney accused of taking more than $4 million from clients’ estates while serving as executor of their wills, was sentenced to 18 months in prison on Tuesday in Southampton County Circuit Court.
“I don’t think I’ve ever had a case quite like yours,” Judge John C. Morrison Jr. told Moyler in court before passing the sentence. “Nonetheless, I’m going to try to do what’s fair.”
Morrison gave Moyler, accused of embezzling millions from the estate of Lucille K. Steinhardt, two years in prison for each of the six embezzlement counts against him. The judge then suspended all but 18 months of that sentence. The maximum penalty Moyler could have received was 120 years in prison, or 20 years per count.
It was revealed in court that Moyler — who will turn 80 on April 1 and is suffering from several health problems — is scheduled to have an unspecified surgical procedure on March 30. Morrison ordered Moyler to surrender to authorities at the Western Tidewater Regional Jail in Suffolk on April 20.
“It’s my hope that following this surgery that you will quickly be put with the (state) Department of Corrections,” Morrison said, adding that he wanted to see Moyler eventually transferred to the Deerfield Correctional Center near Capron. “It’s my hope that you will be properly cared for.”
Moyler is to be sentenced on May 10 in federal court on one count of making a false declaration in a bankruptcy case, which he pleaded guilty to on Jan. 26. He faces a maximum of five years in prison for that charge.
“I was pleased that the judge imposed incarceration,” Southampton County Commonwealth’s Attorney Eric Cooke said afterward. “It wasn’t the amount that I asked for, but he took all of the circumstances into consideration and fashioned a verdict that he thought was fair.”
Asked if he was ever concerned that Moyler wouldn’t receive time behind bars, Cooke said, “Nothing’s ever certain until the judge rules, but I felt like this was a case that called for it, considering the harm that was done to the community.”
Cooke added, “I know it will be difficult for Mr. Moyler and his family, but the crime certainly warranted it.”
Moyler spoke in court just before Morrison passed sentence.
“I never intended to take this money for my personal use or anything of that nature,” Moyler said, briefly describing the investments he made in a hotel in North Carolina that eventually went bankrupt. “It was a poor business decision on my part. I was left holding the bag.”
Moyler’s voice broke when he told the judge that he and his wife, Carole, currently live in a small Williamsburg apartment solely on their Social Security benefits. He said that he recently discovered that if he were incarcerated she wouldn’t receive his benefit money.
“(But) I certainly want to pay my debt to society,” Moyler said.
The former attorney was also ordered to pay about $4.2 million in restitution, but few people involved in the case, including the judge, believe that will ever happen.
“Unless his financial situation has changed, I don’t see how that order can be complied with,” Morrison said.
Added Cooke: “I don’t know the specific amount, but there’s very little residual money left in that estate. Mr. Moyler stole most of it. There are a lot of fees that will have to be paid out for the accountings and the various other things that are happening on all of these estates. I suspect that there will not be much, if anything, left.”
Steinhardt was from a widely known and wealthy Franklin family who ran a downtown hardware store. Since she didn’t have heirs, she left sums of money to friends and family members who looked after her.
Her will bequeathed one-fourth of the remaining value of her estate to Franklin Fire & Rescue, half to the University of Richmond for scholarships, and one-fourth to Southampton Memorial Hospital.
Cooke called Franklin Fire & Rescue Chief Vince Holt as a witness before sentencing.
“A million dollars would have been a huge shot in the arm for the department,” Holt said, adding that the Steinhardt money more than likely would have been used for capital improvements. The fire chief said a new ambulance with equipment costs about $200,000, a new fire truck between $400,000 and $450,000.
“The sad thing about the whole situation is that a good family and a good lady’s wishes were not carried out,” Holt said outside the courthouse. “I think the justice system did their job. It’s just sad for everybody involved, including the Moylers.”
Steinhardt family member Susan Lassiter was also called by Cooke to testify.
“I wish I had made myself more aware, did more checking,” Lassiter said. “I kept waiting, thinking the Steinhardt name would be recognized for the money left to the city. I really didn’t ever think that they didn’t see the money.”
Lassiter said the Steinhardt family came to the U.S. from Germany with nothing, opened their hardware store and lived modestly. She said they left no money to the immediate families, electing instead to give it to the community.
“That’s the type of people they were,” Lassiter said. “This (crime) is a disgrace to our family. We have been very victimized.”
Tom Watkins, the public defender representing Moyler, called several character witnesses before sentencing as well, including Joseph Hutt Jr., a retired vice president of Manry Rawls Insurance Co. and a friend of Moyler’s since 1947.
“To my knowledge he has not lived a lavish lifestyle,” Hutt said of Moyler. “Before the reports came out in the newspaper, I never had any reason to question his character and honesty. It’s my belief that he never intended to harm anyone.”
Dr. Robert T. Edwards, a lifelong friend and former next-door neighbor, also testified in support of Moyler.
“He was one of the finest human beings to know, and the most honest man I ever dealt with,” Edwards said. “He has done a lot of nice things for this community. He’s been generous and was a great advocate of helping Southampton and Franklin grow.”
Edwards added, “It’s beyond understanding that this could happen. I know that he is regretful. I beg you to consider what a gentleman he has been.”
Although several members of Moyler’s family said they were advised not to comment on Tuesday’s proceedings because of the upcoming sentencing in federal court, James E. Moyler III said the approximately 20 people who spoke in his father’s defense moved him and his family.
“These are family friends,” James Moyler said. “We were a part of the community for a long time. They love our dad and we love them.”
But he acknowledged that not everyone was happy with his father’s actions.
“There’s some in the community that want a pound of flesh,” James Moyler said. “Without all of the information, I don’t blame them.”
In August it was revealed in Suffolk Circuit Court that the estates handled by Moyler, once collectively worth millions, are now worth a fraction of that and could possibly be depleted because of overdue taxes.
In the civil case, Judge Designate William C. Andrews III entered civil judgments in Southampton County Circuit Court against Moyler, including one for $4,072,363.76 to the Steinhardt estate.
Three other judgments were also issued — one for the estate of Mallory Kenneth Brown for $103,000, another for the estate of Robert A. Pretlow Jr. for $55,559.87 and $17,347.33 for the Issac Buster Rudolph Teachy estate.
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Comments
Posted by westernguy (anonymous) on March 9, 2010 at 1:14 p.m. (Suggest removal)
Please keep Mr. Moyler in your prayers.
Posted by deegayle4me (anonymous) on March 9, 2010 at 4:34 p.m. (Suggest removal)
Only 18 months????? wow, must be who you know
Posted by mzbrat3 (anonymous) on March 9, 2010 at 6:04 p.m. (Suggest removal)
How was this a "victimless" crime? Think of all the good that would have come out of the donated money.
Posted by Timberlake (anonymous) on March 9, 2010 at 6:10 p.m. (Suggest removal)
Victimless crime? What about the house on fire that isn't served with the equipment that could have been? What about the patients at the hospital that go without a needed test or a substandard one because there is not the latest equipment? What about the lack of a nurse's attention, because she has too much to do? What about the kid who could cut the academics at University of Richmond and do himself or herself proud as well as Franklin/Southampton....but can't afford to go because his parents have just been laid off at IP? What is a victim to you??? Somebody who gets punched in the nose and their wallet lifted?
Posted by yardmanbill (anonymous) on March 9, 2010 at 6:36 p.m. (Suggest removal)
You hit it right on the nose Timberlake.
Posted by Spartans66 (anonymous) on March 9, 2010 at 6:38 p.m. (Suggest removal)
victimless? 4 million dollars wow!
What do you consider to be a crime?
Posted by grantsara83 (anonymous) on March 9, 2010 at 7:45 p.m. (Suggest removal)
Does anyone know why the Franklin school superintendent refuses to fly the American flag at Franklin High. It's been missing now since before thanksgiving. Is it a personal thing with her or does she just lay around the office and play important. You would think she would visit the school from time to time and notice it's missing. Maybe it's a personal dislike of the flag as it may represent something distasteful to her. Oh and who cares about the Moyler crime anyway, it's over.
Posted by IPBuddy (anonymous) on March 9, 2010 at 8:38 p.m. (Suggest removal)
Timberlake-You nailed it. This was not a victimless crime. Think of what that money could have done for city fire/rescue and the hospital and the university.
Moyler should be held responsible. So should those in positions whose duty it was to keep this from happening.
I continue to ask questions yet get no answers. Once again, here are the questions:
1-Why didn't the Comm. of Accts. require Moyler to file an accounting of each estate every 12 months as required by law?
2-If the accountings were not filed, why was this not reported to the court as required by law?
3-Did anyone affiliated with Moyler know he was in financial trouble?
4-Did they know of his obligation to file accountings and his failure to do so for eight years?
5-What does the bankruptcy petition show as to who was owed money?
6-Where do the court records show the money specifically went?
7-Has the city attorney investigated whether the court appointed officials who allowed this to happen be held responsible?
8-Is the hospital looking into this?
9-Is the university looking into this?
10-Is the bar association investigating this?
11-Is the Commonwealth Attorney investigating?
12-Why are these officials still in power overseeing estates after what they allowed to occur in these cases?
13-Why is the Asst whose direct responsibilty was to oversee the Steinhardt estate is still in charge of overseeing it after having allowed $4 million to be stolen?
14-Why can't the TN ask the Comm. and his asst these questions and why can't the TN ask the city, hospital, university, bar association and Comm. Atty. these questions?
If this money can be obtained, efforts should be made to get it and hold those derelict in their duties responsible.
Posted by stillwater (anonymous) on March 10, 2010 at 8:44 a.m. (Suggest removal)
Walking Tall, you are right, he will get off easy.. Oops, there's still that Federal conviction. Maybe he'll do some Michael Vick time. We can only hope. If all else fails, he can get a job on the Southampton County Sheriff's department after this is over. They are very forgiving. This coward stole money from dead people. It is the lowest of crimes. It shows a lack of morals and integrity, something that I thought you right wingers valued. And for a person to hide behind the guise of respect and morality to victimize those who have no chance to defend themselves is disgusting and akin to a minister or a state police officer taking advantage of the children they are charged with protecting. Victimless? You work your whole life and amass a fortune. You choose not to spend the money on yourself, but to donate it to several worthy causes, and then, after your death, a grave robber steals your life savings and spends it on himself? Let him die in jail.
Posted by chilimac72 (anonymous) on March 10, 2010 at 9:29 a.m. (Suggest removal)
Too much sympathy for a crook. He excused it as a bad business decision. He was not asked to invest the money. He should do time. Cook did what he could and the judge was fair. This is one of the few times I have heard of recently where I don't smell a shady deal. He should have to serve his time, and if his time on earth ends while he is there I hope he has made good with God.
Posted by MyVoiceHeard (anonymous) on March 10, 2010 at 10:16 a.m. (Suggest removal)
Hopefully when or if this man ever reports to jail, he will spend the rest of his life behind bars. Who wants to bet that he will have a "Dr.'s excuse" to extend that April 20th jail date. At least he will never be remembered as anything more than that horrible lawyer that stole all that money. Nothing good will ever be remembered about Mr Moyler.
Posted by bluefishgertie (anonymous) on March 10, 2010 at 10:21 a.m. (Suggest removal)
Michael Vick did not serve a day of prison time for those crimes that were committed in Virginia. The state refused to try him. Vick was a true violent low life thug criminal. Dog fighting, you just can not get any scummier than that. TN is on all the right stories, Boykins is constantly in the news. I will admit that they shy away from the current scandal of the Franklin school "superintendent's" refusal to fly the American and Virginia flags at Franklin High. Why does she refuse to let these flags be flown? TN, whats her reason for her refusal, political beliefs? Maybe she doesn't realize that the school division has a maint. dept. $13 million + budget for barely 1300 students. That's not a really hard day's work. I have the answer, let's p/t this job as we have the city manager and FRHA positions. What does our school board do, if anything? Thank goodness the people the IOW enjoy a hands on school board. It knows what is happening within it's system. Ours has no clue nor does it care. Come on Franklin let's get our flags flying at Franklin High.
Posted by stillwater (anonymous) on March 10, 2010 at 11:04 a.m. (Suggest removal)
bluefishgertie, you crazy kid. You crack me up. I know you don't really find Michael Vicks dog fighting more offensive than this guy stealing millions of dollars from someone's dead grandma. I mean, I think we both agree that dog fighting is wrong. Of course, it is no more wrong than, let's say, a hunter shooting a dog who won't hunt? Or better yet, just setting him loose to starve to death. Or, let me go ahaead and really step on some toes. Severing the head of a deer carcus and sticking it on a nail and displaying it in your home. Oh, and so you know, I have heard all of the arguements. I am not talking about feeding anyone. I'm talking about mutilating and displaying that mutilation for eternity. If you are morally offended by dog fighting, as I am, you should be equally offended by such animal dispalys, as I am. Moyler's crimes are more offensive than any of these, because they are crimes against humans! Get a grip.
Posted by chuck (anonymous) on March 10, 2010 at 11:22 a.m. (Suggest removal)
"I never intended to take this money for my personal use or anything of that nature,” Moyler said.
This is why I don't like Alford pleas -- this guy still doesn't want to accept any personal responsibility for what he did -- he rationalizes that since it was 'for business purposes' that this excuses his unlawful actions.
Let him be an example for others who would consider mismanaging estates -- do the crime, serve the time.
Posted by Faith (anonymous) on March 10, 2010 at 11:51 a.m. (Suggest removal)
MyVoiceHeard, many wonderful things will be remembered about Ed Moyler. If you had been in court for his sentencing yesterday, you would have experienced an overwhelming outpour of love and respect (yes, I sad RESPECT) for him. No one can take this away from Ed Moyler, along with the total love and devotion of a treasured family. not many men are as blessed as Ed.
Posted by FreedomofOpinion (anonymous) on March 10, 2010 at 12:06 p.m. (Suggest removal)
Onky if you are sentenced to 12 months or less are you kept in local jail. 18 months sends him to Department of Corrections, possibly Deerfield if it is not closed by then.
Michael VIck was not tried in Virginia because his federal charges would have been the same - unlike Moyler's. Thus, double jeopardy. He served 21 months in the penitentiary.
Bluefishgertie, have you written a letter to the editor about the flag? Attended a school board hearing? Gone to a city council meeting? Or just posting blogs on unrelated matters?
"“To my knowledge he has not lived a lavish lifestyle,” Hutt said of Moyler. " -- I guess his defintion of lavish and mine are different - a new luxury car every ither year, trips to NYC, a big house - certainly mire lavish than anything most of us experience.
AND WHY HAS HE NOT PRESENTED "THE TRUTH" his supporters say is out there? Why not tell us all his innocence - his "good" reasons for running through more than 4 million buckaroos? Some nations could have survived on that!
Posted by rsb10 (anonymous) on March 10, 2010 at 12:14 p.m. (Suggest removal)
I knew the Moyler family back in the 60's when I lived in Franklin. They were and are some of the finest people I've ever known. I have thought about all of them many times over the years. Ed and Carole Moyler treated me as if I were one of their own kids when I would stay over with Jim.
A mistake was made. Bad judgement. Mr. Moyler DID acept responsibility for his actions. Not a single person who has posted on this page has not made mistakes, and had lapses of judgement. Ed Moyler is a good man who made a mistake. My thoughts and prayers are with the Moyler family during this dificult time.
Posted by hellokitty (anonymous) on March 10, 2010 at 12:55 p.m. (Suggest removal)
rsb10- yes we've all made mistakes, all had lapses in judgement, but none of us have squandered away 4 MILLION dollars of money that didn't belong to us! as chief holt said, FFR could've really used that extra medic or extra engine. calls come in multiples in the city and both of the city's stations can get easily overwhelmed. god forbid we ever have a mass casualty incident! you have to put your personal opinion of him aside and look at the facts and the consequences of his actions.
Posted by westernguy (anonymous) on March 10, 2010 at 1:48 p.m. (Suggest removal)
To those of us who know Ed Moyler - We will not dwell on the bad. Instead, we shall forever remember the good. We will remember the kindness and generosity of Ed Moyler. We will remember the vast amount of free legal work he did for people in need. We will remember a man of class, a man of dignity and a man whom we loved and respected. We will always remain loyal to you Ed, and you and your family will be in our prayers daily. To the nasty posts above: Love and forgiveness will always conquer hatred.
Posted by Makalani (anonymous) on March 10, 2010 at 2:07 p.m. (Suggest removal)
Did anyone really expect a harsh -- maximum prison sentence of 20 years for an 80-year-old sickly man? With an 18 months sentence -- the judge properly tempered justice with mercy but still sent the message that "no one is above the law."
As imperfect as it may be -- “ the system” has spoken. No amount of verbal browbeating/ flogging of Mr. Moyler will change anything. Nor will gnashing of the teeth and wailing of the gums bring back the money that was frittered away.
I believe that Mr. Moyler will have to serve 85% of his sentence -- 15.3 months before becoming eligible for parole. Contrary to a common misconception of “prisoners having it made” -- being in prison is no cakewalk -- boredom -- poor food -- poor medical care -- cold -- drafty in winter -- stifling heat in summer and a constant threat of violence from emotionally unstable inmates.
But lucky for Mr. Moyler-- some members of this forum weren’t wearing Judge Morrison’s robes sitting in judgment. I could envision Red Onion Supermax Prison, Wallens Ridge in his future. lol
Posted by MyVoiceHeard (anonymous) on March 10, 2010 at 2:24 p.m. (Suggest removal)
Westernguy we could all have "the kindness and generosity of Ed Moyler" if we had the 4 plus millions of dollars of OTHER people to do these acts like he did. He's an 80 year old thief that got caught!
Posted by westernguy (anonymous) on March 10, 2010 at 2:47 p.m. (Suggest removal)
MyVoiceHeard, it is obvious you do not know anything about Ed Moyler. He has been kind, generous, dignified, respected, loved, and a true gentleman his entire life. This unfortunate misdeed occurred at the end of his life. I will not dwell on a bad moment near the end but rather I will forever remember his life in it's entirety, full of good deeds and service.
Posted by FreedomofOpinion (anonymous) on March 10, 2010 at 2:59 p.m. (Suggest removal)
The Tidewater News made a mis-statement - the total amount of years was not a total of 20 years, but 20 years on each of 6 charges. Thus, Moyler received 18 months of a possible 120 year sentence.
If he reached in your pocket and removed money, would that be an "unfortunate misdeed?"
Posted by Faith (anonymous) on March 10, 2010 at 3:26 p.m. (Suggest removal)
To those of you who continue to shown hatred towards a man who has accepted his punishment and agreed to "pay his debt to society", did you actually read the article preceeding these blogs? To those of you who think Ed Moyler used these funds to live a "lavish life", you are very very wrong.
Moyler spoke in court just before Morrison passed sentence.
“I never intended to take this money for my personal use or anything of that nature,” Moyler said, briefly describing the investments he made in a hotel in North Carolina that eventually went bankrupt. “It was a poor business decision on my part. I was left holding the bag.”
“(But) I certainly want to pay my debt to society,” Moyler said.
To those who actually wrote, "Let him die in prison", I say to you, let the Lord mend your heart of the great saddness you must carry inside of it.
Posted by bluefishgertie (anonymous) on March 10, 2010 at 4:11 p.m. (Suggest removal)
You know there's a nice federal corrections center in Florida. It's an Air Force Base with the usual chain link fence, they send real hardened criminals there however It does have a problem, they seem to suffer more than their share of escapes, but it's does offer all the amenities a common embezzler might desire. Let's just give him early release, of course he'd have to serve a small period of time in a Michael Vick type half way house. A 4 weeks stint seems like an overkill, but if Vick could do it, I have no doubt an 86 year old man do the time. He'll make us all proud.
Posted by oglethorpe (anonymous) on March 10, 2010 at 4:23 p.m. (Suggest removal)
Dr. Edwards said Ed Moyler has done a l lot for the community. I'd really like to know exactly what he did in the past. I know him, but not as a close friend. I'm not aware of much in the way of his helping the community. Not to say he hasn't, I'd just like to know more about that as it would help justify his reduced sentence.
Posted by turningpoint (anonymous) on March 10, 2010 at 8:09 p.m. (Suggest removal)
living in a small apartment in Williamsburg? Get real, is Moyler talking about an apt like a college student might have? At his age, many of the elderly opt for living in small apt at Woods Edge in Franklin, etc. Instead of worrying about Moyler's health and finances, let us focus on the rest of the community who has lost out, was robbed, by Moyler. So much good was meant to be done with this stolen money. We are all left holding the bag (Moyler stole that bag).
Posted by JusticeWhite (anonymous) on March 10, 2010 at 8:26 p.m. (Suggest removal)
A man once said, 'It's just business and sometimes in business, you have to do things you would not otherwise do'. What a sad commentary on wasted time and talents. Once the mould is broken and the veil is pierced we are all the same frail beings inside. Its the choices we make that set the course we sail and determine our destiny. Pride and greed and good and evil inhabit us all. God be with all who have suffered through this experience.
Posted by IPBuddy (anonymous) on March 10, 2010 at 9:28 p.m. (Suggest removal)
FIRE/RESCUE, SMH and UofR NEED MONEY!
Imagine that headline but no one does anything about it. That's what we now have.
The money and all the good it could have done will never come from Moyler since all indications are he is broke but the money might be obtainable from those who did not fulfill their duties and allowed this to happen. Fire/rescue, SMH and the U of R are entitled to their money and all avenues to obtain it should be pursued. Why is no one looking into this? Why aren't questions being asked? Why is this not being reported?
Posted by Leon26 (anonymous) on March 10, 2010 at 10:59 p.m. (Suggest removal)
Let's be honest here people here Moyler is a old school thug who finally got caught. I'm sure he has done this before. the thing that upset me is the fact that some people up here are mad that he has to go to jail then prison. He committed a crime got caught, convicted, & sentenced. Now he has to do his time just like all of our other thugs and low life citizens here in Franklin. Mr. Moyler is no different from the rest of them. Only most local theives steal maybe a couple hundred dollars if that this guy got away with MILLIONS. that was meant to go out an help people, Mr. Moyler allowd his greed to take over as he saw the chanc to take advantage of ederly people and that should be another crime all by itself. BTW what did Mike Vick have to do with this?
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Posted by westernguy (anonymous) on March 11, 2010 at 10:51 a.m. (Suggest removal)
Funny you should play the race card Mr. American. In the courtroom Tuesday, two life long African-American friends of Mr. Moyler's were sobbing when the judge read the sentencing. A reminder to all: Mr. Moyler's sentence could amount to life in prison. The prospect of dying on the inside is one our judicial system saves for the most heinous of crimes, it is for those individuals who would present a serious and dangerous threat to society if not behind bars. I still firmly believe that is not the case for Ed Moyler. I continue to pray for him and his family every day. I hope some of you out there can join me in forgiveness and love as an antidote to all this hatred.
Posted by BillyHolland (anonymous) on March 11, 2010 at 1:12 p.m. (Suggest removal)
I have a picture of Ed Moyler and I on my wall when we were about 5 yrs old. We played together as children and as young boys. We went to Boy Scout camp and high school together. We visited in each other's home. I was friends with his Mom & Dad and his aunt, Rebe Moyler. Carl & Tootie Steinhardt were also good people and very close friends of my Mom & Dad. Mrs. Steinhardt was always the perfect lady.
After Ed and I were both married, my wife and I renewed my friendship with Ed & his wife,Carole and we are still friends. I've known Ed all my life and he is a good man and a true Southern gentleman.
Yes, he's made a mistake, and I was shocked but that doesn't make him a bad person. He has admitted his guilt and been sentenced. He's still my friend and I stand behind him.
Posted by PreserveNature (anonymous) on March 11, 2010 at 1:54 p.m. (Suggest removal)
Once again, someone has tried to bring race relations into a situation that has no relevance. True, a crime was committed and Mr. Moyler should have to pay. I do believe he is getting too light of a sentence, but I was not the Judge in this case. I am, however, a pretty good Judge of people and I have witnessed, in my many years, so many people like Al Sharpton and Jessie Jackson claim racism in many cases. Does anyone remember the case of the Duke University Men's LaCrosse team that were accused of raping a girl? Because she was black and most of the accused were white, Al Sharpton had to stick his nose in it. He demanded justice and punishment for all those accused. As we know now, the accusations were all a false lie by the accuser. Was any apology offered by "Rev." Sharpton or anyone to those innocent boys who had to spend millions on attorneys? Nope. The point I am trying to make is that most people who are quick to claim racism are actually the biggest racists of all. We are a nation of many races and would all live together more peacefully if those waving the "race card" at every situation would just quit being so prejudiced. Anyone ever heard the old saying "The more you stir something, the more it smells?" I wish people would just let the race thing rest so that we can all get along as friends and Americans.
Posted by truthseeker (anonymous) on March 11, 2010 at 2:36 p.m. (Suggest removal)
The Moyler sentencing was the biggest miscarriage of justice I've ever seen. The "Good Ole Boys" Club is alive and well in the county , in every aspect of our lives.
If the same standard was used and applied to all crime in the county, we could close up half of our jail. If he was a poor individual who stole a loaf of bread and a gallon of milk, he would be put in jail and sentenced to more time, along with a big fine, than Mr. Moyler received.
This is ten times worse than Mr. Madoff's pyramid scheme / crime. Madoff took money from people who were willing participants, who were trying to get rich. Mr. Moyler stole from the public and it was like robbing a person's grave. Think what $4 million could have meant to Westhampton College, the local fire department, etc. He stole it from US.
Where and how was the money spent? The county justic system should go after every penny of that money and other people who were involved or knowledgeable of this stolen money should be held responsible.
Where are our county officials? Every citizen should be treated fairly regardless of who you are or who you know.
The county should do a complete investigation of all the facts and people involved in an effort to recover the money.
Posted by ct (anonymous) on March 11, 2010 at 4:03 p.m. (Suggest removal)
Ed Moyler was designated as co-executor of one of my family members estate. According to the commissioner of accounts, he overcharged for his services, for which he did absolutely NOTHING. There was even discussion by my family after the reading of the Will that things did not seem right. The amount of the overcharge was not significant enough to call for an investigation. However, my family did have to hire an attorney just to get the estate settled and to get what was rightfully ours. There was no proof that he actually stole anything, but the charges made against the estate were over and above what they should have been. Because of his inability to handle the estate properly, he admitted to the attorney that represented our interest, that he "took the other co-executor’s word for everything without checking anything. The original Will, filed by Mr. Moyler, had to be re-typed for original signature due to hurricane Floyd’s flooding. There were sections of the Will purposely omitted by one or both of the co-executors. End result--between he and the other co-executor, a significant amount of money was kept from us. Our family was taken for a minimum of $60,000. Had there been definitive evidence, which could have been proven in court, legal action would have been initiated much earlier than it actually was. The co-executors covered their tracks very well. Edward Moyler got what he deserved, but in my opinion, should have gotten much more. Anyone else who stole over $4M would have gotten a greater sentence regardless of the intent.
Posted by onthatnote (anonymous) on March 11, 2010 at 4:42 p.m. (Suggest removal)
I too, have known the entire Moyler family for many many years. However, that did not stop Lawyer Moyler from helping a family member change a long standing will and make off with the family farm. At least, this time he could remember that he made a bad decision..at that time...he couldn't recall.
Posted by bluefishgertie (anonymous) on March 11, 2010 at 4:48 p.m. (Suggest removal)
I personally think that a thug like Vick should have received a true sentence of 5 years+1 day. If it wasn't for being a football player in the National Felon League that's exactly what he would have received. Al Sharpton, umm. Does Towana Brawley ring a bell. Al, the ole rascist, exists by sucking on liberals self imposed feelings of guilt. He'd feel right at home here, imagine comparing a gun branishing robber with a kindly old man, who committed a small transgression. Feel good with yourself and forgive. it could be you, the next time you take something home from your place of work. It's not the amount, it's the act.
Posted by bluefishgertie (anonymous) on March 11, 2010 at 5:39 p.m. (Suggest removal)
Has the dead woman filed a police report and complained?
Posted by SilverBullet (anonymous) on March 11, 2010 at 6:05 p.m. (Suggest removal)
Westernguy, were the afro-americans in court long time employees of the defendant ?
Posted by sweetpie (anonymous) on March 11, 2010 at 6:52 p.m. (Suggest removal)
Moyler had no respect for his clients, their family, nor this community. I can't weep for him living in a small apt in Williamsburg (high rent in that city). Senior citizens live in smaller scale housing on purpose, so I find it disgusting that Moyler and friends would use this as a piety card. This small apt is as much as a lie as the respect Moyler showed the clients he robbed, as well as the community he robbed. Why didn't he continue to live in Franklin in one of the apts here? It would be cheaper than WIlliamsburg. How many gifts of $10,000 each year did he make to his children to divest himself? How many extra nice holiday gifts, out to dinner parties, etc etc? Moyler has lived the good life and now we are suppose to weep for him in a "small apt in Williamsburg" -- the man is still a con artist. Hopefully the Federal Government will see he serves some real time for all the wrong he has done and refuses to admit too (bad business decision, "left holding the bag", the man has no remorse other than being caught with his hand in the cookie jar which he emptied).
Posted by truthseeker (anonymous) on March 11, 2010 at 7:49 p.m. (Suggest removal)
Displacedsoutherner, please tell me some of the good things Mr. Moyler has done. I've not heard anyone mention any of them. He's lived the good life, thinking he's better than a lot of us.
Posted by DarkMoon (anonymous) on March 11, 2010 at 8:26 p.m.
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Posted by MyVoiceHeard (anonymous) on March 11, 2010 at 9:08 p.m. (Suggest removal)
Great questions DarkMoon.
Posted by truthseeker (anonymous) on March 11, 2010 at 9:13 p.m. (Suggest removal)
You'd think that one of the swindled heirs, i.e. a college, hospital or fire department, would demand that someone do what DarkMoon suggests to try to recover some of the missing millions.
Posted by IPBuddy (anonymous) on March 11, 2010 at 9:27 p.m. (Suggest removal)
Let's move on from Moyler and try to get fire/rescue, the hospital and college their money and it ain't coming from Moyler. It might come from those whose job it was to prevent such things from happening if we could just get some basic questions which I have posted answered. The TN is not an investigative paper but is it too much to expect the paper to ask the Comm of Accts (who gets paid big bucks in his public position) why nothing was filed for 8 years when it is supposed to be done every 12 months and could have prevented all of this? Or why this wasn't reported to the Court as required? Or to ask the city and hospital and college whether they're going to do anything about this? The press has an obligation to ask the questions so that the truth will come out and those who could benefit (Franklin's taxpayers for example) will get their money rather than trying to protect their friends and neighbors on Meadow Lane.
Posted by JusticeWhite (anonymous) on March 11, 2010 at 10 p.m. (Suggest removal)
I would think the local bar association might ponder how this reflects on the local practitioners and take some action. Or the circuit judges. Don't they appoint the commissioner?
Posted by Leon26 (anonymous) on March 12, 2010 at 8:31 a.m.
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Posted by SWEETNJUICY (anonymous) on March 12, 2010 at 10:08 a.m. (Suggest removal)
Being a Franklin resident for almost 50 years, I have witnesed a lot of racism, but this is so blatant, that it is almost comical. Moyler deserved more time than he will ever get, but how can he be compared to Michael Vick? Everyone seems to be overlooking the fact that a crime is a crime, period. Although not an animal lover, dogfihting is a crime just like embezzlement!!!! I am not aware of any statues that allow for age consideration for any adult committing a crime regardless of their economic status or profession. Moyler being 80 just means to me that he has had many more years to be a criminal before being caught, He took advantage of human beings!! I am sure that there are quite a few other people that Moyler ripped off including me. All of his clients that paid him to perform services that did not get done and no contact was made in order to refund their money because it was not four million. I am willing to forego what I lost just to see him do a day in the VA dept. of corrections. I know for a fact that there are many much sicker individuals incarcerated and there is no pity party for them. At least Mike spent his own money and not someone else's. If you want to make a comparison, let's use Mr. Let. I'm sure everyone is chomping at the bit to see him put away, AGAIN! I'm sure he will get more time for $100,00, than Moyler got for 4 million. The good ole boy law prevails again.
Posted by FreedomofOpinion (anonymous) on March 12, 2010 at 12:40 p.m.
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Posted by American (anonymous) on March 12, 2010 at 4:38 p.m.
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Posted by westernguy (anonymous) on March 12, 2010 at 4:59 p.m. (Suggest removal)
American, have you ever heard of Oprah, Colin Powell, Condoleezza Rice, Barack Obama (!), Clarence Thomas, Eric Holder, Morgan Freeman, Bill Cosby, Tyler Perry, or any of those figures?? You're comments are off the rocker. This is not America circa 1920. If anything, the 2008 presidential election was the climatic event proving that race is no longer an impediment for talented individuals to succeed! You're nuts! Take you're race baiting none sense to some other kooks! This is entirely irrelevant to Ed Moyler- a friend of many African-Americans.
Posted by JusticeWhite (anonymous) on March 12, 2010 at 6:09 p.m. (Suggest removal)
So, Westernguy, can you answer Mr. Bullet's question above? Were those his domestic employees in attendance?
Posted by bunny51 (anonymous) on March 12, 2010 at 10:49 p.m.
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Posted by JusticeWhite (anonymous) on March 13, 2010 at 7:22 a.m. (Suggest removal)
Hard to argue with that logic, Bunny. Its reminding me of Gone with the Wind as Scarlett goes to great lengths to cling to Tara as the servants look on.
Posted by cavs1284 (anonymous) on March 13, 2010 at 12:05 p.m. (Suggest removal)
While I agree that Moyler is guilty of the crimes he is convicted of, I think that it would be a waste of state resources to lock him up. Because of his age and health conditions he should be placed under home confinement. The state of Virginia has seen the cost of its prison system balloon from 741 million dollars in 2001 to 1.4 billion dollars this year; while the rate of violent crime has actually fallen during that time. At a time when schools are going under funded Virginia spends too much money locking people up. Keep the violent offenders and the people who are a danger to society behind bars, but find alternatives for the rest.
Posted by bunny51 (anonymous) on March 13, 2010 at 1:24 p.m.
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Posted by IPBuddy (anonymous) on March 13, 2010 at 3:36 p.m. (Suggest removal)
bunny 51-I thought your take on the Moyler situation and your history with him was insightful. It was certainly nothing offensive in your post.
It's obvious that the TN only wants to cover the criminal side of the Moyler story. For whatever reason, there has not been a single article on the Commissioner of Accounts side of this story. The only mention of it has been on these posts and there have been lots mentioned here since the story began.
The system is in place to prevent such theft from happening. Because the C of A did not do their job, Moyler got away with stealing the money and our city suffers. Is it too much to expect the paper to write about the Comm. of Accts., their duties to protect us all with estate matters, what went wrong here and whether those who allowed it to happen should be held responsible????????
My message to the TN is to stop covering up this story. This is where it was all allowed to go wrong and where the money can be obtained. Poor ole attorney Worrell was on the front page for suing the church after he fell. This story is infinitely more important to our community.
Posted by JusticeWhite (anonymous) on March 13, 2010 at 5:16 p.m. (Suggest removal)
Bunny, I don't really know, but there may be legal ramifications for the TN carrying potentially libelous or slanderous remarks. At any rate, if they only allow for unsubstantiated favorable testimonials, the site may as well be shut down.
IPBuddy, I feel assured the majority of our community wants to see this investigated from the standpoint of accountability of Court officials.
Posted by IPBuddy (anonymous) on March 13, 2010 at 5:43 p.m. (Suggest removal)
Justice White-I am sure our community would want this investigated and reported on. Getting that money to our fire/rescue and hospital would be a great help for them and us. That's what so puzzling. If one was only reading the paper and not this, they would not even know a Comm of Accts exist, what their duties are, and what their role was in allowing Moyler to do what he did.
As I've said before, lots of questions should be asked plus there's only one place to possibly recover the money and it ain't from Ed Moyler.
Posted by SilverBullet (anonymous) on March 13, 2010 at 6:06 p.m. (Suggest removal)
Those loyal to Mr. Moyler have insisted all along the truth will prevail once his case is finalized. We can only hope they know whereof they speak. With a new clerk in office and new judge coming on Board, the stage may already be set for action.
You're not suffering your experiences alone, Bunny.
Posted by SouthamptonCrossroads (anonymous) on March 13, 2010 at 9:12 p.m. (Suggest removal)
If the Commissioner of Accounts had done his job, Moyler would not have been able to steal all of the 4 million. Since the TN is not able/willing to tackle this issue, I suggest that everyone who really wants this pursued contact the Commonwealth Attorney's office and ask why this is being ignored. If you get the run around there, move up the ladder. There has to be accountability at some level. If the American flag is not being flown at FHS, show the person responsible the door, no excuses, no politically correct BS, just get that person out. Period. It's time for true Americans to take this country back before it's too late. Not flying the American flag is inexcusable. Smolak's salary, and anyone else in a job like his or similar to his, needs to be based on performance. It's ridiculous to pay anyone that amount of money unless they are producing significant, measurable results. Same for government officials, and anyone else who is paid a big salary and is not held accountable for performance. If everyone was paid according to performance, instead of job title, time on job, etc; imagine how much better off this country would be.
Posted by Makalani (anonymous) on March 14, 2010 at 4:25 p.m. (Suggest removal)
The "Fabian Socialists" who have taken over the national govt -- have now taken over the Franklin school system and have told the principal to not fly the American flag. lol
Seriously -- have any of you who are up-in-arms about Old Glory not waving called -- visited or sent an E-MAIL to ask the principal why? Perhaps there is a problem with the flag-raising mechanism from vandals or wear and tear.
Wouldn't a better course of action be to find out why the flag is not flying before hanging the principal from the flagpole - throwing her under a moving school bus or loping her head off with a guillotine?
Now on to the Moyler case. It is not an accident that the investigation stopped with him when there are several layers of public officials who are also culpable. Those who are responsible for peeling back the layers of the "aided and abetted onion" probably already know who is at the center along with Mr. Moyler.
So we have to ask ourselves -- what incentive is there for public officials to conduct a potentially embarrassing investigation with legal ramifications on those with whom they are interconnected professionally and probably personally?
Their obligation to the taxpayers and the citizens who they serve?
That probably isn’t incentive enough since their obligation to the public also included monitoring Mr. Moylers’ activities relative to estates entrusted with him.
Posted by 4grands (anonymous) on March 14, 2010 at 4:48 p.m. (Suggest removal)
I don't understand why people keep saying that Mr. Moyler "made a mistake." Even most of my kindergarten students know the difference between a mistake and a bad choice of behavior.
Posted by IPBuddy (anonymous) on March 14, 2010 at 5:35 p.m. (Suggest removal)
Makalani-How about this? To hold these officials who are to oversee estates responsible, make it an issue in the upcoming council and mayor election. Afterall, the city lost lots of money because people did not do their jobs. Every candidate should be asked are they committing to make sure this is investigated so that those responsible will have to pay so fire/rescue and the hospital get their money.
Posted by DarkMoon (anonymous) on March 14, 2010 at 9:39 p.m. (Suggest removal)
What was the name of the Hotel in Carolina and who was running it at the time Moyler gave them the money? At first Tidewater News said it was a Hotel in Williamsburg. Not true.
Posted by SilverBullet (anonymous) on March 14, 2010 at 9:51 p.m. (Suggest removal)
Someone needs to research the court proceedings, depositions etc and write a synopsis of how it all played out. There may be state police or independent auditors reports offering explanations.
Posted by bunny51 (anonymous) on March 14, 2010 at 10:40 p.m.
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Posted by FreedomofOpinion (anonymous) on March 15, 2010 at 12:24 p.m.
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Posted by Axile (anonymous) on March 15, 2010 at 1:33 p.m. (Suggest removal)
Old Axile have known the Moylers for some years now. This is very unfortunate.
Posted by chuck (anonymous) on March 15, 2010 at 3:17 p.m. (Suggest removal)
Background reading on "the silk stocking lawyer"...
http://valawyersweekly.com/blog/2009/04/...
Posted by FreedomofOpinion (anonymous) on March 16, 2010 at 10:04 a.m. (Suggest removal)
"He and his wife filed a Chapter 7 bankruptcy petition in October, listing their $599,000 home in Franklin as their only substantial asset. The home was secured by a $500,000 mortgage, and the mortgage holder took the property.
Moyler listed $4,236,374 in liabilities, including the mortgage and a $2 million legal malpractice claim. Liabilities included more than $150,000 in credit card debt, and what appeared to be personal loans from more than a dozen individuals. The schedules do not have any reference to the thefts from the estates."
Posted by FreedomofOpinion (anonymous) on March 16, 2010 at 10:06 a.m. (Suggest removal)
"The maximum penalty Moyler could have received was 20 years in prison."
Untrue. And I wouldn't care, except the Tidewater News keeps removing this comment. Why?
Posted by chuck (anonymous) on March 16, 2010 at 12:09 p.m. (Suggest removal)
See http://www.tidewaternews.com/news/2009/n...
Spot the discrepancies?
Posted by FreedomofOpinion (anonymous) on March 16, 2010 at 1:01 p.m. (Suggest removal)
Sure do. Thanks.
Posted by JustSaying (anonymous) on March 16, 2010 at 1:33 p.m. (Suggest removal)
Could it be the same Williamsburg East that received Federal Assistance in 2002?
http://www.fedspending.org/faads/faads.p...
Posted by DarkMoon (anonymous) on March 16, 2010 at 2:37 p.m. (Suggest removal)
I am trying to put this so I don't get booted off again. Apparently someone doesn't want the readers to make the connection between the Motel in Carolina and Moyler. Follow the money and you will see who the other party was.
Posted by JustSaying (anonymous) on March 16, 2010 at 3:27 p.m. (Suggest removal)
Registered in NC -
http://www.secretary.state.nc.us/corpora...
Posted by sweetwater (anonymous) on March 16, 2010 at 4:04 p.m. (Suggest removal)
You will notice that the article has been corrected.
Posted by sweetwater (anonymous) on March 16, 2010 at 4:07 p.m. (Suggest removal)
What if any connection is there to the bankruptcy of the Brandermill Inn in 2006? That bankruptcy recorded a debt of over 9 million dollars.
Posted by JustSaying (anonymous) on March 16, 2010 at 5:12 p.m. (Suggest removal)
Registered in NC -
http://www.secretary.state.nc.us/corpora......
This shows the partnership is registered in NC with a Franklin VA mailing address. The previous post would look to me as though it ties it to property in Guilford Co NC.
Posted by JusticeWhite (anonymous) on March 16, 2010 at 6:49 p.m. (Suggest removal)
Anyone have any idea of the nature of the $2Mil malpractice claim? Was that what brought this all to a head?
Posted by IPBuddy (anonymous) on March 16, 2010 at 7:27 p.m. (Suggest removal)
JustSaying-I checked out that NC secy of state site and found the documents for Williamsburg East, LP. The partners included Moyler and his law partners and gave their office address as the company address. I believe the motel was in Greensboro which is Guildford County. Seems to be the same company that received the government money.
franklinsince50-I don't know how to get the bankruptcy petition, Maybe online. It would be interesting to see who the creditors were. May also give info about malpractice suit.
It is odd that the TN would disclose the Smolak salary and not touch this situation that has costs fire/rescue and hospital millions of dollars. Like I've said, make this an election issue and ask every council and mayor candidate are they willing to do what it takes to get to the bottom of this and get this money back.
Posted by sweetwater (anonymous) on March 16, 2010 at 9:09 p.m. (Suggest removal)
Byerly publications was added in 1996 as a partner in Williamsburg East LP.
Posted by sweetwater (anonymous) on March 16, 2010 at 9:19 p.m. (Suggest removal)
Sorry, Byerly was a limited partner as early as 1990 and remained partnered in the amended filings as late as 1996.
Posted by IPBuddy (anonymous) on March 16, 2010 at 9:28 p.m. (Suggest removal)
Just learned that Comm of Accts and editor of TN live across the street from each other on Meadow Lane and are friends. Perhaps that's the reason the paper is not doing it's job on exposing why the Comm of Accts didn't do his!
Posted by DarkMoon (anonymous) on March 17, 2010 at 4:49 p.m. (Suggest removal)
You are getting warm!
Posted by FreedomofOpinion (anonymous) on March 18, 2010 at 10:21 a.m. (Suggest removal)
Wow. You should all be investigative journalists - this is amazing information, It all becomes clearer -
the bankruptcy petition is public record, and was originally published in the Suffolk Sun where they publish recent bankruptcy filings. It CAN be accessed on line here:
http://www.vaeb.uscourts.gov/
you have to register because there is an 8 cent per page fee to access cases, including bankruptcies.
The criminal file in the courthouse is open to the public as well. There should be a "sentencing guideline" sheet that reveals what the recommended sentence under Virginia rules was - that has not been reported in the paper. Any evidence or charts used in teh court case would be accessible as well.
Sorry - I have not checked this article until today so didn't answer the question posed to me. My job does not have the hours where I could get to the courthouse - but anyone could ask for the file and read it.
Posted by FreedomofOpinion (anonymous) on March 18, 2010 at 10:50 a.m. (Suggest removal)
@ sweetwater:
Brandermill Inn in Midlothian was built in 1992. The Williamsburg East Corporation was created 1991. Jim Moyler owned the Brandermill Inn.
"Jim Moyler.. Whose Brandermill Inn Is Cast In His Own Casual And Creative Style.. Leads A Well Trained Staff That Attends To Every Whim Of Our Guests." from the website for the Inn.
Posted by FreedomofOpinion (anonymous) on March 18, 2010 at 11 a.m. (Suggest removal)
and finally this:
"The business failure and bankruptcy of the Brandermill Inn and Conference Center has spawned numerous lawsuits - mostly over a timeshare venture by then-owner Jim Moyler. Several timeshare buyers allege they did not receive the benefits they were contractually promised."
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