A Manassas lawyer known for his flamboyant lifestyle and bustling personal injury practice was arrested yesterday morning by Virginia State Police amid allegations that he embezzled money from his clients' settlements over the past two years.
State police investigators arrested Thomas Eugene Burks, 47, near his Mason Neck home in Fairfax County about 9:30 a.m., police said. The arrest came after four months of investigation into Burks's finances, as police and Virginia State Bar officials attempted to track tens of thousands of dollars meant for his clients and their medical providers.
Burks, who had eluded investigators and bar officials since early May, was indicted by a Prince William County grand jury Tuesday on three separate charges of embezzlement. He is being held without bond in the Prince William County jail.
Prosecutors said yesterday that the investigation into Burks's practice and finances is continuing.
"People trust attorneys, and for that reason, these are very serious offenses," Prince William Commonwealth's Attorney Paul B. Ebert said yesterday. "In these cases, someone's hardship is being taken advantage of. You've got a double victimization, and it just makes it all the more sad."
Prosecutors and bar officials said that for months, Burks was failing to hand over settlement cash, and the indictments cover three specific instances in which he allegedly misused the money--in October 1998, June 1999 and November 1999. Authorities have not said where the money went, but some officials said it is possible he was using it to fund his lifestyle and to pay off large amounts of debt.
Twice this year, Burks has filed for bankruptcy in U.S. Bankruptcy Court in Alexandria--once in May and again in August, the same day his house was to be sold at public auction. A trustee for the latest bankruptcy has asked the court to dismiss Burks's claim, saying that he believes Burks has been filing for bankruptcy just as a way to delay the loss of his assets.
Police said they have been investigating Burks since early May, when he abandoned his law offices, leaving his trust account--designated to hold clients' settlement cash--almost completely bare.
According to court records, Christine Hissong, a paralegal in Burks's office, said Burks abandoned more than 80 open cases.
Burks lost his law license at a July hearing in Richmond that he did not attend. That decision, which prevents Burks from practicing law indefinitely, is the harshest penalty the state bar can impose.
Staff writer Brooke A. Masters contributed to this report.
