Trial Set in Land-Swindle Case Involving Lawyers as Defendants, Judge as Alleged Conspirator
A trial is set for December in a Texas land-swindle case that includes two lawyers among the defendants and accuses a local judge of helping them fleece owners of millions in property and mineral rights.
Attorneys Brian Russ, Jr. and James McCullough are among 18 defendants originally named in the federal racketeering lawsuit (some have been dismissed), in which State District Judge Robert Stern, although not named as a defendant, is accused of acting as a co-conspirator, reports KWTX.
Russ serves as Hearne City Attorney and is also a partner, with McCullough, in the Hearne law firm of McCullough & Russ.
The alleged scheme took place in Robertson County over a period of 15 years. The defendants are accused of orchestrating an elaborate swindle in which legal notices advised owners of sales at below-market value and, when they failed to collect after seven years, the money was transferred to some defendants using dummy companies. Other defendants, including two energy companies, allegedly benefited from the transactions indirectly, the station explains.
Russ earlier told KBTX-TV there’s no validity to the claims and Stern has declined to comment, citing ethical rules that apply to judges, reports KWTX.
A news report last year by KBTX provides additional details about the Waco case and provides a link to the complaint (PDF).
Filed by Ty Clevenger, who apparently is a sole practitioner in Bryan, Texas, the suit contends that the two lawyers and the judge participated together in a number of improper schemes and seeks an accounting, compensatory and punitive damages and attorney’s fees.
Among the claimed schemes the suit alleges are land swindles in which one shell company transfers property it never owned to another shell company. The “purchaser” then seeks a declaratory judgment that it owns the property, the suit says, providing notice to the true owners by legal advertisement.
