No charges yet against disbarred Cape lawyer

Despite a former Cape Girardeau lawyer being disbarred last month for admitting to embezzling money from a client's bank account, criminal charges have not yet been filed.

Cape Girardeau County Prosecuting Attorney Morley Swingle said no one has made any sort of complaint to law enforcement about the actions of Joe T. Buerkle, formerly a lawyer with the Limbaugh Firm.

After learning that Buerkle reported his activity to the Missouri Supreme Court and voluntarily surrendering his law license for withdrawing a total of $325,000 from the account of a deceased client, Swingle attempted to contact the client's 27-year-old daughter, who lives in London and would be the beneficiary of the account.

"They have not requested criminal prosecution yet," he said.

At this point, Buerkle is not charged with any crime, Swingle said.

There is a three-year statute of limitations for embezzlement, Swingle said, but it is extended to six years when the criminal activity is not discovered until later. Buerkle's actions, which occurred between February 2006 and August 2007, fall within the statutory time allotted to file charges.

Swingle said Cape Girardeau police are prepared to conduct a criminal investigation in case a request for prosecution is made.

According to documents filed with the Missouri Supreme Court, Buerkle was in dire financial straights and unable to make restitution but was "diligently seeking out ways to allow him to make restitution."

After years of practice in Jackson, Buerkle became affiliated with the Limbaugh Firm in May 2006, according to firm president R. Michael Howard.

Buerkle resigned July 17 at the firm's request and reported his actions to the Office of the Chief Disciplinary counsel of the Missouri Supreme Court at the firm's urging.

A red flag was raised earlier this summer when Buerkle made a comment to another member of the Limbaugh firm that raised questions about his handling of the trust.

The law firm gave full cooperation in the investigation by the disciplinary counsel, Howard said.

None of the money Buerkle took from the Bank of America account and deposited into his own was recorded on the firm's books or placed in the firm's account, Howard said.

"Everyone associated with the Limbaugh Firm was shocked to learn of Mr. Buerkle's actions, and we deeply regret that his misconduct has caused a financial loss to the beneficiaries of the trust," Howard said.

A handful of Missouri attorneys are disbarred each year because of serious misconduct cases like Buerkle's, said Sam Phillips, Deputy Chief Disciplinary Counsel.

"We do see these types of cases," Phillips said.

bdicosmo@semissourian.com

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