Attorney is hired to fix IRS problems. Tells Client to give he a check, and he will pay the IRS. Check cashed, IRS not paid, Attorney arrested, and now a legal malpractice case. Here is the story.
"BENTONVILLE — A Bentonville attorney arrested on fraud and theft charges has been sued by the mother and son who told police he mishandled amendments to their 2005 federal tax returns and Internal Revenue Service payments.
Rogers attorney Timothy C. Hutchinson filed the suit Wednesday in Benton County Circuit Court on behalf of Carol L. Fountain and Charles Fountain.
Archer was arrested earlier this month on criminal charges related to incidents addressed in the civil suit. He remains in the Benton County Jail in lieu of a $75,000 bond and is set to be arraigned July 2.
The civil suit claims the Fountains retained Archer in April 2006 to handle filing of amended tax returns that included income from an inheritance the Fountains received.
Archer told Carol Fountain she owed $36,000 to the IRS, and he asked the check be made out to him and he would forward the money.
Rather than paying the IRS, Archer cashed and presumably spent the money, the suit claims, and the tax return was never filed. "