The “concealment of assets” complaint filed by the estate of William R. Mitchell, former CEO of Willard & Kelsey Solar Group, LLC, returns to Judge Jack R. Puffenberger’s Lucas County Probate Court, Sept. 18, 2012, at 9:30 a.m.
The case centers on James Muller’s claim that Helen Hart, of 2203 Glenview Drive, Maumee, and a former associate of Mitchell, has, according to Probate Court documents, “concealed, embezzled or conveyed away money, goods, chattels, things in action or effects belong to the estate” of Mitchell “in fraud of the rights” of Muller and others interested in the estate. Muller, Mitchell’s former stepson and the estate’s executor, is represented by attorney David Dennis.
A second interested party, Willard & Kelsey, filed a separate case Feb. 13 in Combined Court (LaPlanta County District Court and Denver Probate Court) in LaPlata County, Colo. requesting repayment of $591,743 Mitchell owned the firm at the time of death, July 26, 2011.
The Colorado court document states that during his employment, Mitchell “took draws from” Willard & Kelsey and created “a receivable due to the company. Mr. Mitchell directed the accounting firm that he retained to show the [$591,743] he received as advances, and not income, obviously for the purposes of avoiding federal and state income taxes” on his earnings.
The case is filed in Colorado since the estate was first established there.
Muller’s complaint in Lucas County requested the court to order Hart to return property including a 2004 Nissan Armada SUV, three computers, jewelry, credit cards, living room furniture, two flat screen televisions, a pool table, two exercise machines, golf clubs, phones, and clothing.
Of particular interest to Muller are the three computers, one of which allegedly contains proprietary information belonging to Willard & Kelsey that Muller acknowledged Mitchell smuggled out of the company after he was terminated, Oct. 10, 2010, with the intent of trading that information for payment he believed he was due. Muller further contends that The Blade published information it obtained after one of its reporters met with Hart after Mitchell’s death.
In a email he wrote to The Blade April 25 and provided to the Toledo Free Press Aug. 6, Muller informed an editor and reporter that Mitchell died owning computers now in the possession of his “supposed girlfriend” and that Muller “understand[s] that she has leaked to you certain confidential information relating to the affairs of Willard & Kelsey Solar Group, LLC and Mr. Mitchell’s personal business that belong to” Mitchell.
Muller informed The Blade the information may be the product of a privileged attorney-client relationship that Mitchell did not waive during his lifetime and that the estate is not waiving in his death. Muller claimed “your use of that information is illegal, a breach of ethical duties, and transgress[es] upon property rights.” Mueller email “demand[s] a return of all information you have that belongs to William Mitchell, and that you not use any information obtained from his computer for any further publications” without Muller’s authorization.
Muller said he never received a response to his email, but that the newspaper refrained from publishing anything else after receiving his email about the information Muller alleges it obtained from Hart.
The Blade did not respond to repeated requests for a response to Muller’s statements.
Hart’s lawyer, however, denied that his client, who he said had been engaged to Mitchell for five years, ever provided information she gathered from a computer.
“She may have spoken to The Blade, but she didn’t take any information off [their one jointly-owned] computer,” attorney Sol Zyndorf said. “She doesn’t know whether or not the computers contained documents from Willard & Kelsey, but she assumes they did.
“If she did give the The Blade information, it was off the top of her head from [what she knew] having spoken to him. You know, she and Will used to talk.”
However, Robon said it is reasonable to assume Hart took possession of the computers since she and Mitchell were the only two living at the Glenview Dr. address when Mitchell died, and it is equally reasonable to assume she turned that information over to the Toledo Blade.
“Here’s the situation in a lump shell,” Robon said. “There was information alleged to be on the computer that Mitchell was trying to use to create a basis for a lawsuit. And the Blade got the information. OK?
“Now, did The Blade pay his ex-girlfriend for it? Did she volunteer it? Did they somehow squeeze it out of her unknowingly? I don’t know. But that’s the only way they would have gotten that information …”
Zyndorf, who has repeatedly denied that Hart provided anyone with any computer data, said once Hart received the Probate Court’s “Citation to Produce Assets,” two of the three computers were placed in Mitchell’s vehicle, located at Hudson’s Automotive, 6415 Angola Rd., Holland, along with Mitchell’s personal property that Zyndorf said Hart and her daughter discovered in the attic of Hart home three months after Mitchell’s death.
“The truck went to Hudson’s,” Zyndorf said. “She had those documents [on his side of the jointly-owned computer] downloaded professionally, and they are in the truck. And the two other computers that may have that information on them have also been out there since November, 2011. His attorney knew the computers were in the trucks because I sent emails” with verifications.
Zyndorf also said Hudson’s Automotive’s owner assured him that all the property can be picked up without paying the SUV’s 14-month storage fee.
“They know,” Zyndorf said. “We told them. She testified in Probate Court. Everything is there in the truck, but we don’t know how long they’re going to keep the truck there. It’s well over a year.
According to a tow order, which Mitchell did not sign, the SUV was towed from Hart’s Maumee home to Holland July 20, 2011, although Muller contends Mitchell drove himself to St. Luke’s Hospital in that same truck, July 23, three days before his death. Muller also contends that he has phone records of three calls from Hart’s home to the Maumee Police Dept. on July 26 documenting that the truck that was allegedly towed July 20 was in Hart’s garage July 26.
