David Smerling, a 74-year-old attorney from Lexington, has been charged with wire fraud for allegedly embezzling over $2.5 million from three Massachusetts companies where he worked as a bookkeeper. Prosecutors claim that between 2016 and 2020, Smerling transferred funds from the companies’ accounts into his own, using an intermediary account owned by one of the victims to disguise the transactions. He also redirected bank statements to his home to avoid detection.

According to court filings, Smerling claimed to have an “addiction to prostitutes.”  The victims of the alleged scheme included Smerling’s spouse and a long-time business associate. Court documents reveal that when confronted about unauthorized transactions, Smerling offered various excuses, including personal struggles, an addiction, and financial losses from a failed investment. Despite the accusations, he has no prior record of public discipline since his admission to the Massachusetts bar in 1975.

If convicted, Smerling could face severe penalties, including up to 20 years in prison, significant fines, and supervised release. He was released under conditions requiring mental health treatment and is scheduled to return to court on February 5 for further proceedings.

The defense of embezzlement and financial fraud can be very complicated and specialized. An effective defense attorney with experience in these practice areas will be able to clarify the issues facing a client investigated by a state or federal agency for embezzlement. A dedicated embezzlement lawyer in Boston will identify the elements required to prosecute the case and relentlessly defend their client against all charges. Please contact our attorneys today at 617-880-6155 if you are facing charges of embezzlement.