Boise attorney gets 10 years for stealing $150K from elderly client
Credit: Ada County Jail
Joy Cassidy
by Natalie Podgorski
KTVB.COM
Posted on June 30, 2011 at 3:54 PM
Updated Tuesday, Nov 12 at 8:30 PM
She is the 75-year-old woman who dumped mayonnaise, maple syrup and ketchup in a library book drop.
While Cassidy was fighting her case, she became the victim of another crime.
Cassidy paid her lawyer, Richard Bergesen, $152,000 to represent her. Lawyers we talked to say she should have only paid $3,000.
Ada County prosecuting attorney Jonathan Medema said Bergesen played off Cassidy's fears of going to jail to get thousands of dollars more.
It started when Cassidy dumped condiments in an Ada County library book drop in 2009. She hired attorney Richard Bergesen to help with her case.
"He was telling her that he needed this money to keep her out of prison,” said Medema.
Bergesen first asked for $50,000, then he said he needed $100,000 more. Cassidy paid the outrageous sum because she was scared of going to jail.
"Well, there is usually no limit on people who are stealing money, you know he can take it, so he'll just keep taking more," said Medema.
Cassidy's financial adviser thought the withdrawals were odd and notified the Idaho State Bar. An investigation was started. There were complaints from other clients and in November Bergesen's license to practice law was suspended. But that didn't stop him from taking on clients.
"He represented himself as a lawyer to a person who paid him money expecting him to be able to do legal services, which of course he couldn't because his license was suspended at that time," said Medema.
That is when Bergesen was charged with felony grand theft. Later, prosecutors added felony exploitation of a vulnerable adult for what he did to Cassidy. Bergesen pleaded guilty to grand theft, and the other charge was dropped.
"I am confident in saying that the sentence would not have been what it was if the court had not been convinced that what he did to Joy was a theft," said Medema.
Bergesen was sentenced Wednesday to 10 years in prison. He will be eligible for parole after three years. He must also pay more than $153,000 in restitution.
Cassidy pleaded guilty to dumping condiments in the library book drop. In January, a judge sentenced her to at least a month in jail.
http://www.ktvb.com/news/Boise-attorney-gets-10-years-for-stealing-from-clients-124813484.html
In Boise, they take their condiments and legal fees seriously
RICHARD A. BERGESEN Disbarment
Former Boise lawyer granted parole after more than 3 years
Rick Bergesen, who must repay over $150,000 stolen from a client, has had mental health and gambling issues.
kmoeller@idahostatesman.com
April 16, 2014
Given a tentative parole date of Sept. 15, Rick Bergesen is looking forward to a fresh start.Bergesen, who was disbarred in late 2011 after he was sent to prison earlier that year on a charge of felony grand theft, plans to stay temporarily at the Boise Rescue Mission when he’s released, he told the Idaho Commission of Pardons and Parole on Monday.
The 50-year-old divorced father of two said he is hoping to get a job at the YMCA or selling cars. He owes more than $153,000 in restitution to two former clients.
“You’re going to repay every dime,” Commissioner Janie Dressen said. She pressed him on when he could begin paying.
“I will be budgeting as much money as I can to pay back restitution,” he said.
He told the parole commission that he has “a lot of remorse” for bilking an elderly client, Joy Cassidy. She was vulnerable because she was terrified of going to prison, prosecutors said. She gave Bergesen $152,000 — nearly her entire life savings. Cassidy, 77, died at a local care center last June.
That doesn’t relieve Bergesen of the responsibility to pay restitution to her heirs.
As part of a deal with prosecutors, Bergesen pleaded guilty to grand theft — admitting to taking a $1,100 retainer from the second client after his license was suspended — and a felony charge of exploitation of an adult was dropped. The name of the second client was not available.
Bergesen was sentenced in 2011 to 10 years in prison, including three fixed (with credit for 182 days). He was up for parole Dec. 29 but was denied; a mental health evaluation was ordered.
Bergesen had numerous disciplinary issues last year, landing him in the Idaho Maximum Security Institution, a facility ringed by razor wire that houses the state’s most disruptive offenders.
“People are housed based upon their behavior, not their crime,” said Olivia Craven, executive director of the parole commission. “Our goal is to get people to the lowest custody level we can.”
Craven said Bergesen had eight disciplinary offense reports, including seven last year. His infractions involved a variety of forms of belligerence, including raising his voice to a staff member, disobeying orders, refusing to allow himself to be transported to another facility, wearing excess clothing (a safety issue) and throwing a tray (which hit an officer).
“Why are you such a pain in the neck?” Parole Commissioner Gary Scheihing asked Bergesen on Monday. Bergesen, who was diagnosed with bipolar disorder, said he was on the wrong medication then. He said the drug Haldol was giving him uncomfortable side effects.
His mother, Jan Bergesen, told the Statesman that those side effects included feeling as if he had ants crawling under his skin. He couldn’t sleep and was irritated all the time. His mother said she pressed prison officials to switch his medication.
Bergesen has been on Zyprexa for the past five months.
“My attitude is much better now ... I’m in a much more stable place,” he said.
He hasn’t had any disciplinary writeups since late September.
Commissioner Lisa Bostaph raised concerns about Bergesen’s compliance in taking his medication.
If released on parole, Bergesen promised that he would be “taking his medications religiously” and “attending Gamblers Anonymous religiously.”
“It’s make or break for me. I need to stay on this medication so I can stay clear-headed,” he said. Bergesen has completed a six-month program on anger management, and he’ll be required to finish up moral reconation therapy before his release. Moral reconation therapy is a cognitive behavioral program that aims to improve social behaviors and moral judgment.
No specific programming for gambling addiction is available at the prison. However, the other available programs cover “addictions of all kinds,” Idaho Department of Correction spokesman Jeff Ray said.
Bergesen’s mother said she doesn’t recall her son ever talking about going through addiction therapy.
Bergesen’s family and friends knew about his gambling addiction because he hit them all up for money. He asked a childhood running coach and friend, Tim Severa, for $7,000, Severa said.
“He was borrowing money from a lot of people,” said Severa, who has made regular visits to the prison. Severa, a youth programs director at the Treasure Valley YMCA, was Bergesen’s running coach at West Junior High. Bergesen was a top runner — he still holds the record for the mile at Borah High, and he was inducted into the University of Oregon’s Athletic Hall of Fame with teammates on Oregon’s 1984 national champion Track & Field Team, according to Severa and Bergesen’s parents.
“He’d never miss a day of running,” said his dad, Bergy Bergesen. “He was like Forrest Gump.”Jan Bergesen said her son attended Gamblers Anonymous meetings before he ended up in prison.
“We went too,” his dad said.
The couple, who have three other grown children, are looking forward to a new beginning for their son.
“I think it’s time for him to get on with the rest of his life,” Jan Bergesen told the parole commission. “We’re looking forward to having him home again.”
The 50-year-old divorced father of two said he is hoping to get a job at the YMCA or selling cars. He owes more than $153,000 in restitution to two former clients.
“You’re going to repay every dime,” Commissioner Janie Dressen said. She pressed him on when he could begin paying.
“I will be budgeting as much money as I can to pay back restitution,” he said.
He told the parole commission that he has “a lot of remorse” for bilking an elderly client, Joy Cassidy. She was vulnerable because she was terrified of going to prison, prosecutors said. She gave Bergesen $152,000 — nearly her entire life savings. Cassidy, 77, died at a local care center last June.
That doesn’t relieve Bergesen of the responsibility to pay restitution to her heirs.
As part of a deal with prosecutors, Bergesen pleaded guilty to grand theft — admitting to taking a $1,100 retainer from the second client after his license was suspended — and a felony charge of exploitation of an adult was dropped. The name of the second client was not available.
Bergesen was sentenced in 2011 to 10 years in prison, including three fixed (with credit for 182 days). He was up for parole Dec. 29 but was denied; a mental health evaluation was ordered.
NOT A MODEL PRISONER
Bergesen had numerous disciplinary issues last year, landing him in the Idaho Maximum Security Institution, a facility ringed by razor wire that houses the state’s most disruptive offenders.
“People are housed based upon their behavior, not their crime,” said Olivia Craven, executive director of the parole commission. “Our goal is to get people to the lowest custody level we can.”
Craven said Bergesen had eight disciplinary offense reports, including seven last year. His infractions involved a variety of forms of belligerence, including raising his voice to a staff member, disobeying orders, refusing to allow himself to be transported to another facility, wearing excess clothing (a safety issue) and throwing a tray (which hit an officer).
“Why are you such a pain in the neck?” Parole Commissioner Gary Scheihing asked Bergesen on Monday. Bergesen, who was diagnosed with bipolar disorder, said he was on the wrong medication then. He said the drug Haldol was giving him uncomfortable side effects.
His mother, Jan Bergesen, told the Statesman that those side effects included feeling as if he had ants crawling under his skin. He couldn’t sleep and was irritated all the time. His mother said she pressed prison officials to switch his medication.
Bergesen has been on Zyprexa for the past five months.
“My attitude is much better now ... I’m in a much more stable place,” he said.
He hasn’t had any disciplinary writeups since late September.
Commissioner Lisa Bostaph raised concerns about Bergesen’s compliance in taking his medication.
If released on parole, Bergesen promised that he would be “taking his medications religiously” and “attending Gamblers Anonymous religiously.”
“It’s make or break for me. I need to stay on this medication so I can stay clear-headed,” he said. Bergesen has completed a six-month program on anger management, and he’ll be required to finish up moral reconation therapy before his release. Moral reconation therapy is a cognitive behavioral program that aims to improve social behaviors and moral judgment.
No specific programming for gambling addiction is available at the prison. However, the other available programs cover “addictions of all kinds,” Idaho Department of Correction spokesman Jeff Ray said.
Bergesen’s mother said she doesn’t recall her son ever talking about going through addiction therapy.
GAMBLING ADDICTION
Bergesen’s family and friends knew about his gambling addiction because he hit them all up for money. He asked a childhood running coach and friend, Tim Severa, for $7,000, Severa said.
“He was borrowing money from a lot of people,” said Severa, who has made regular visits to the prison. Severa, a youth programs director at the Treasure Valley YMCA, was Bergesen’s running coach at West Junior High. Bergesen was a top runner — he still holds the record for the mile at Borah High, and he was inducted into the University of Oregon’s Athletic Hall of Fame with teammates on Oregon’s 1984 national champion Track & Field Team, according to Severa and Bergesen’s parents.
“He’d never miss a day of running,” said his dad, Bergy Bergesen. “He was like Forrest Gump.”Jan Bergesen said her son attended Gamblers Anonymous meetings before he ended up in prison.
“We went too,” his dad said.
The couple, who have three other grown children, are looking forward to a new beginning for their son.
“I think it’s time for him to get on with the rest of his life,” Jan Bergesen told the parole commission. “We’re looking forward to having him home again.”
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