Felony stealing charges filed against former Cape Girardeau lawyer

Cape Girardeau County Prosecuting Attorney Morley Swingle filed felony charges Tuesday against a Cape Girardeau lawyer who was disbarred in August.

Joe T. Buerkle, 58, allegedly stole $325,000 from a trust fund account he was overseeing.

The trust was set up for Donald Thomasson, who died Sept. 22, 2002. Donald Thomasson's daughter, Lane Thomasson, 27, is the primary beneficiary of the account. She currently lives in London.

Anne Thomasson, 40, was also a beneficiary. According to a probable-cause statement by Cape Girardeau police officer Mark Majoros, both women said they did not give Buerkle permission to take money out of the fund for personal use. Anne Thomasson already received "most, if not all" of her share of the funds, according to the statement.

Authorities said that between Dec. 29, 2005, and Dec. 31, 2007, Buerkle transferred funds from the trust for personal use. He now faces charges of stealing, which carry a sentence of five to 15 years in prison, Swingle said. Associate circuit Judge Gary Kamp issued a warrant for Buerkle's arrest Tuesday, setting bond at $300,000.

After practicing in Jackson, Buerkle became affiliated with the Limbaugh Law Firm in May 2006.

According to the affidavit, Buerkle informed the firm of his actions June 10. He was told to notify the beneficiaries, resign as trustee and report to the Office of Chief Disciplinary Council, an agency of the Missouri Supreme Court.

Buerkle subsequently resigned from the firm and surrendered his law license.

The police investigation yielded 51 checks paid out of the trust account. Buerkle deposited 34 checks totaling $325,000 into his personal account. Seventeen checks were payable to other parties, including the Buerkle Law Firm, the J.B. Firm and the Limbaugh Firm, according to court documents.

Limbaugh firm president R. Michael Howard said the firm's payments, which totaled about $9,700, were for Buerkle's legal services regarding the trust.

Paul Puricelli of the St. Louis law firm Stone, Leyton and Gershman is representing Lane Thomasson. He said she will be seeking civil action to recover the money. Buerkle "indicated a desire to repay the money" but has not done so, he said.

"It's our intention to file a claim, certainly against Mr. Buerkle, likely against others who we think have some culpability," he said.

Puricelli said further investigation, including a request for copies of the checks, will determine other parties involved in the actions.

Buerkle's attorney, Stephen Wilson, did not return a call for comment late Tuesday.

abusch@semissourian.com

388-3627

Pertinent address:

100 Court St., Cape Girardeau, MO