Disbarred lawyer faces trial for misappropriating funds

A disbarred attorney from Neptune Township risks prison time if convicted of practicing law without authorization and pocketing a settlement worth $17,000.

Kim Andre Fellenz, 58, was indicted Tuesday, according to the office of acting Monmouth County Prosecutor Chris Gramiccioni.

Fellenz lost his practice in 2012 for misappropriating client funds, authorities said.

He faces third-degree counts of unauthorized practice of law, theft by failure to make required disposition, and misapplication of entrusted funds, along with a fourth-degree bad-check charge.

Conviction for third-degree crimes carries possible prison terms of three to five years.

Investigators said that a week after his disbarment in September 2012, Fellenz met withi a client to obtain a signature for settlement of a civil suit.

The victim signed the document and a Power of Attorney authorization, allowing Fellenz to receive the $17,000 check and dispense the proceeds. The victim was due $11,380, authorities said.

Fellenz allegedly received the chieck on September 19. His status required Fellenz to submit the check to the Clerk of the New Jersey Superior Court.

On learning of his disbarment, the victim accelerated efforts to obtain the settlement amount. Authorities said that the check issued by Fellenz to the victim on October 17 bounced, for insufficient funds.

Repeated, but unfilled, promises of payment by Fellenz prompted the victim to contact the Prosecutor's Office and the New Jersey Office of Attorney Ethics.

Investigators say that the money ended up in Fellenz's personal account and was spent for unauthorized purposes.