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Evans.Insurance
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The Clarion-Ledger (Jackson, Mississippi)
March 26, 2010 Friday
Brother eyed in title case
BYLINE: By, LaRaye Brown
SECTION: BIZ; Pg. B6
LENGTH: 703 words
A trustee in a multimillion-dollar bankruptcy case is trying to force Jackson lawyer Charles Evans to file
bankruptcy. Lawyers want him disbarred, and his insurance company is fighting to keep from paying for his
alleged fraudulent misdeeds.
Among the complaints against him? A bounced check for $51.
Evans is half of the brother duo accused of carrying out a mortgage fraud scheme that bilked banks for
more than $41 million. Although no charges have been filed, the brothers are the subjects of a federal
criminal investigation and at the center of a series of bank lawsuits.
Chris Evans filed bankruptcy in October and a laundry list of lawsuits followed him. When roughly 30
lawyers gathered for a hearing in bankruptcy court Wednesday, some wanted to know when or if Charles
Evans would show up for questioning.
"If Charles wasn't participating in this, Chris could never have done this," Derek Henderson, the bankruptcy
trustee in Chris Evans' case, said after court.
Judge Neil Olack gave Charles Evans until Thursday to appear in court.
A woman who identified herself as Gail answered a phone at Charles Evans' home and said she hasn't seen
him in six months. Evans' wife, Gail, filed for divorce in November.
Henderson filed an involuntary bankruptcy petition Tuesday against Charles Evans. He is getting
information about a trust account belonging to Evans as he tries to piece together what happened to the
money the brothers got from the loans.
Saying Charles Evans wasn't truthful on his application, Westport Insurance Corp. is asking a federal judge
to void its policy so it won't have to pay for his alleged fraud.
Charles Evans - a contract employee with Mississippi Valley Title - is accused of providing fake titles used
to get commercial real estate loans. The company issued policies insuring the accuracy of titles involved,
putting it in the midst of the controversy. The brothers' lending involves more than three dozen banks,
most in Mississippi. There are other land and loans in Tennessee and Texas.
After getting complaints about Charles Evans, the Mississippi Bar in February filed a three-count formal
complaint asking a tribunal to disbar the attorney who was admitted 30 years ago.
Among those contributing to the complaint is Madison County Chancery Clerk Arthur Johnston who said
Charles Evans in September wrote a $51 check on a closed account and never made good on it.
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Robert Jones, a Valley Title attorney, accused Charles Evans of providing fraudulent certificates of title to
numerous Mississippi banks. The title company also complained about the behavior of Chris Evans, an
inactive attorney who is suspended from the bar.
Marshall Smith, an attorney for Holmes County Bank in Lexington, accused Charles Evans of knowingly
submitting false title certificates.
Charles Evans has not responded to the complaints.
In January, he was suspended from the bar for not paying annual dues of $310, said Adam Kilgore, the
Mississippi Bar's general counsel.
A three-judge complaint tribunal ultimately will decide on the complaints against Charles Evans. It could
discipline him privately or publicly or suspend or disbar him.
In January, Henderson filed a malpractice complaint against Charles Evans accusing him of failing to
protect Chris Evans' assets and of commingling and misappropriating money. Henderson is seeking at least
$300 million in that case.
"Defendant does not consent to final orders or judgments being entered by the bankruptcy court," Charles
Evans wrote in his response to Henderson's complaint.
He denied the allegations, blamed others and asked the judge to dismiss the case.
Valley Title and Henderson are trying to resolve conflicting liens on some of the properties. Under a plan,
the company would buy some land and give some parcels to banks owed money. The company's board and
the judge would have to approve the deal, and banks could object.
Although it hasn't been proven, the word "fraud" has been used in court filings and complaints filed with
the bar.
Said Henderson, a bankruptcy attorney since the 1980s: "I've seen some cases this complicated, but I
haven't seen any with this much just straight-up fraud."
To comment on this story, call LaRaye Brown at (601) 961-7280.
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Industry
LAWYERS
Subject
INSOLVENCY & BANKRUPTCY
INSOLVENCY & BANKRUPTCY COURTS
FRAUD & FINANCIAL CRIME
INVESTIGATIONS
LAWYERS
SUITS & CLAIMS
DISBARMENT
TRUST ARRANGEMENTS
LAW COURTS & TRIBUNALS
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