A Fairfax County attorney was sentenced to six years in prison Thursday for embezzling nearly $500,000 while he was entrusted to care for an elderly woman and her estate, according to the Virginia attorney general’s office.
James G. Kincheloe, Jr., 67, who lives in Fauquier County, was convicted of a single count of embezzlement in the case in Fairfax County Circuit court in July. Kincheloe entered an Alford plea, meaning he did not admit guilt but acknowledged that prosecutors had enough evidence for a conviction.
Fairfax County Judge Jane M. Roush ruled that Kincheloe will have to repay more than $483,000 to the estate of Pearl Buckley, a Fairfax City resident who died in 2009 at the age of 90. A separate civil suit by the family claimed almost $900,000 was taken from Buckley.
Kincheloe served as the executor of Buckley’s will and that of her deceased husband, Edward. He also had power of attorney over her. At the time of her death, Buckley was suffering from dementia and was legally blind.
Before she died, prosecutors said Kincheloe entered into an agreement with her to manage her personal affairs at a rate of more than $9,700 a month — three times Buckley’s income. They also said his now-wife, Heidi Pender Kincheloe, entered a separate agreement to serve as Buckley’s personal assistant for $35 an hour.
Prosecutors say Pender Kincheloe only worked a fraction of the hours she billed for and she has been charged with six counts of receiving stolen property in Prince William County. She denies the charges.