Disbarred attorney indicted on charges of stealing from client

The indictment charges Kim Andre Fellenz with practicing law after he was disbarred and stealing $17,000 from a client.

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FREEHOLD --An attorney disbarred for misappropriating trust funds on several occasions has been indicted on charges he took money from a client after he was no longer allowed to practice law.

The four-count indictment, handed up on Tuesday by a Monmouth County grand jury, charges Kim Andre Fellenz with one count each of unauthorized practice of law, theft by failure to make required disposition, misapplication of entrusted funds and issuing a bad check, said acting Monmouth County Prosecutor Christopher Gramiccioni.

Fellenz, 58, of Neptune Township, was disbarred in 2012 for knowingly misappropriating client funds on six occasions, according to court papers. Yet, a week after he was notified of his disbarment by the state Supreme Court, Fellenz met with a client on Sept. 17, 2012, and arranged for her to sign over a settlement check to him, Gramiccioni said.

Gramiccioni said that before his disbarment, Fellenz had worked with the client on a civil matter. He met with her to get her signature on the final settlement and on a power-of-attorney document allowing Fellenz to get a settlement check for $17,000 and distribute the rest of the settlement funds according to the agreement, the acting prosecutor said. The client received $11,380 from the settlement, he said.

Because he was disbarred, Fellenz was required to turn over his check to the clerk of the New Jersey Superior Court, Gramiccioni said.

When the client learned of Fellenz's disbarment, she tried to get her settlement money from Fellenz. He issued her a check for the full amount of the settlement on Oct. 17, 2012, but the check bounced because of insufficient funds in his account, Gramiccioni said.

Fellenz continued to promise the client her money, but didn't, which prompted her to contact the state Office of Attorney Ethics and the Monmouth County Prosecutor's Office, Gramiccioni said.

The investigation conducted by the Monmouth County Prosecutor's Office revealed the money from the settlement was deposited into Fellenz's personal bank account was used for unauthorized purposes.

All but the writing a bad check charges are third-degree offenses and as the most serious offenses carry a penalty of between three and five years in prison if convicted.

Fellenz, who started practicing law in 1982, was also reprimanded in 1987 for representing a buyer and seller in the same real estate transaction without disclosing that connection to the parties, according to court papers.