Attorney Todd Prins Invokes 5th Amendment Right to Remain Silent

Attorneys sometimes find themselves with fortunes in the trust accounts from clients that have died without apparent heirs or from clients that seem to have vanished in thin air.

San Antonio Lawyer Invokes the 5th in Bankruptcy Proceeding

By Patrick Danner

December 6, 2016

San Antonio attorney Todd Prins is accused of fabricating court documents and forging judges’ signatures in a case involving former clients. He appeared Tuesday at a creditors meeting in his own personal bankruptcy case in the Hipolito Garcia Federal Building and U.S. Courthouse. Embattled San Antonio attorney Todd Prins, accused of fabricating court documents and forging judges’ signatures, invoked his right not to incriminate himself more than 25 times at a bankruptcy proceeding Tuesday. Among the questions Prins wouldn’t answer during a creditors meeting was whether he has complied with a Bexar County Probate Court judge’s order to turn over to the court $360,902 that has been held in his law firm’s trust account for a deceased client’s estate. Prins cited the Fifth and 14th amendments and a section of the Texas Constitution in declining to answer that and other questions. The 14th Amendment grants “equal protection of the laws” to all U.S. citizens.

The issue is expected to come up again Wednesday when Prins is scheduled to appear before Probate Judge Kelly Cross for a hearing to determine whether he should be held in contempt for disobeying her Sept. 28 order to turn over the money. It’s just the latest legal trouble for Prins, who has been sued by two former clients accusing him of fabricating court documents and forging judges and others’ signatures in a 2009 Bexar County District Court case to conceal from his clients the actual status of the case.

Prins and his wife filed for Chapter 7 liquidation in September and he has been accused of fabricating court document and forging judges’ signatures in a case involving former clients.

Source: San Antonio lawyer pleads the 5th in bankruptcy proceeding – San Antonio Express-News

Bankruptcy cases are complex and involve a great deal of scrutiny. When a debtor files for bankruptcy, they must provide detailed financial information, including income, expenses, and assets. The bankruptcy trustee, an independent party appointed by the court, is responsible for reviewing this information and ensuring that all creditors are treated fairly. If a debtor or their attorney is found to be concealing or misrepresenting information, they may face severe legal consequences.

In this case, Henry has refused to answer questions from the bankruptcy trustee and has invoked his right to remain silent under the 5th Amendment. This has raised concerns about whether he is attempting to conceal information or protect himself from legal liability. While the 5th Amendment guarantees the right against self-incrimination, it is also understood that invoking this right may be seen by the casual observer as an admission of guilt or wrongdoing.

Furthermore, Henry’s behavior raises questions about his ethical obligations as a lawyer. The American Bar Association’s Model Rules of Professional Conduct require lawyers to provide truthful and complete information to tribunals and to refrain from conduct that is prejudicial to the administration of justice. By refusing to answer questions and invoking the 5th Amendment, Henry may be violating these rules and undermining the integrity of the legal system.

It is important to note that Henry has not been charged with any wrongdoing, and his decision to plead the 5th may be a strategic legal move. However, it is also important to consider the broader implications of his actions and the potential impact on public trust in the legal profession. As lawyers, we have a duty to uphold the highest standards of ethics and professionalism, and any behavior that undermines these standards should be scrutinized and addressed.

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