Kansas man accused of taking aunt for over $300,000

Charges of embezzlement and financial exploitation have been filed in Woods County against a Kansas man. He is accused of fraudulently appropriating $308,200 that belonged to his elderly aunt by writing checks for cash to himself and selling land belonging to her.

Gary Lynn Fugit, 68, of Andover, Kansas, was charged June 21 with felony counts of embezzlement and financial exploitation. The embezzlement charge is punishable by imprisonment in the state penitentiary for up to 10 years and a fine not to exceed $10,000 and restitution. The exploitation charge carries a penalty of imprisonment for up to ten years or by a fine not exceeding $10,000, or both.

Fugit appeared with his attorney on June 21 and agreed to appear with counsel in Woods County District Court on July 10 at 1:30 p.m.

According to court documents, on May 14 District Attorney’s Investigator Steve Tanio received information on Woods County filings involving Gladyce Geisler, born June 22, 1927, who died Aug. 16, 2016. On Dec. 11, 2013, a power of attorney was granted to her nephew Gary Fugit for “purposes in connection with the personal needs, support, maintenance, and medical attention of” Geisler.

Tanio determined the Oklahoma Department of Human Services, Adult Protective Services (APS) worker Carol Johnson reported Geisler was the subject of four APS investigations conducted by Johnson. In an Aug. 29, 2013, APS referral it was noted Geisler “has fallen at least three times” and sustained injuries to her head and leg, that she had been making poor business decisions, and she was not taking medications correctly. On Aug. 30, 2013, Johnson noted Geisler was assessed for mental and emotional health and substance abuse as being confused with impaired reasoning capacity. It was stated “At this time, client does not have capacity to make sound decisions regarding her care.”

According to court paperwork, it was determined on July 25, 2014, Fugit filed for Chapter 7 Bankruptcy in Sedgwick County, Kansas, listing Gary Lynn Fugit and Grace Amy Fugit with liabilities of $398,555 and assets of $199,161.

The affidavit in the case states while Fugit had power of attorney he wrote himself several checks on the Gladyce H. Geisler Farm checking account and Gladyce Geisler personal account made out to Gary Fugit and signed by him or made out to “cash” and signed by him with notations of “gift.” The 14 checks written in 2014 totaled $13,200.

Tanio also determined that immediately prior to Geisler’s death, Fugit sold land and property belonging to Geisler for $295,000 on May 17, 2016. On Aug. 10, 2016, Fugit used the power of attorney to change the payable upon death designation from Geisler’s Equity Bank account, Wichita, Kansas, to himself.

Tanio conducted a limited background check of Gary Fugit and determined he had a criminal record in Kansas showing he had been arrested in 1970 for two counts of manufacture, possess or sale of depressant, stimulant or hallucinogenic drug. He was convicted in April 1970 and received a 12-month sentence. In 1989 he was arrested by Sedgewick County Sheriff’s Office for driving under the influence of alcohol or drugs and received a 12-month diversion.

 

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