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Kate's Lawyer: Jon & His Lawyer are Frauds

10/5/2009 7:50 AM PDT BY TMZ STAFF

TMZ has obtained a letter Kate Gosselin's lawyer fired off to the lawyer for Jon -- and, to put it mildly, it's war.

Jon And Kate Gossellin Read the doc

Legal pit bull Marty Singer wrote the letter this past Friday. TMZ obtained a copy. In it, Singer expresses outrage that Jon secretly raided Jon and Kate's money market account "of hundreds of thousands of dollars," leaving only about $1,000. Singer says the withdrawal is not only "outrageous," it directly violates the Arbitration Award in the divorce which requires both parties to agree before any money is withdrawn.

Singer -- who says the withdrawal of funds is fraudulent and contemptible -- claims both Jon and his lawyer, Mark Heller, are hypocrites, after they went on Larry King's show and claimed family values (not money) was the important thing.

Singer says Heller has done this before, citing a New York Supreme Court decision which says Heller directed one of his clients in a divorce to "withdraw everything that's in the bank" so the money could be used to pay his fee.

And then there's this ... Singer blasts Heller, noting that the New York Supreme Court "addressed charges that you violated 'thirty-eight counts alleging multiple violations of the disciplinary rules,' and charges that you 'had engaged in a pattern of misconduct involving misrepresentations, deceit, abusive treatment of clients, fee gouging, neglect and willful failure to return unearned retainers to his clients' in matters which involved your 'mishandling of the matters of twelve separate clients.'" The letter goes on to claim Heller admitted to engaging in "professional misconduct involving dishonesty, fraud, deceit, or misrepresentation."

As we first reported, Kate's lawyers are going to court tomorrow, demanding that the monies be returned to the account and asking for a contempt citation.

We called Heller but he was not available for comment.

236 COMMENTS

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31.

AMBER    

Well, If a female did that when she was getting a divorce, most would say "She deserves it, etc etc" so now that a man does it..he's considered a sleazebag? I don't really care what goes on in their lives..it's their business.

1658 days ago
32.

Sebastian    

It's time for these people to go away.

1658 days ago
33.

Helen    

I was on team John and I never thought there was gonna be a time where I would defend Kate. JOHN YOU ARE A LOSER! Why would you steal money from your wife and children, how do you sleep at night? Check yourself in a mental facility, you lost your mind! YOU ARE A LOSER!

1658 days ago
34.

patilee    

Go Kate! Jon is trying to play like a big boy and he hasn't a clue.

1658 days ago
35.

Helen    

KATE, wake up, stop daydreaming, get all you can get including his underwear and kick him to the curb. He proved himself to be absolutely worthless! AND THIS IS COMING FROM A FORMER TEAM JOHN PERSON! And please you all just go away, I don't know who is voting for you people to stay in public eye. I feel bad for the children. STOP making money off of your children's backs and GET DIVORCE AND GET A JOB!

1658 days ago
36.

....    

Can't wait to see what happens next! Prison Blue is SO his color. I hope he continues this downward spiral. Maybe he will end up picking up garbage off the side of the highway. GO KATE!

1658 days ago
37.

lander    

HA! women do this ALL THE TIME, and it's not called contemptible - it's called normal operating procedure. women always raid the joint bank accounts during divorce - frequently before they file.

GO JON - keep the money bro!

1658 days ago
38.

Elainesc5    

He is in the news all the time, this is the first time Kate has said anything bad about him.What a total loser he is, i hope you and Whats her name yea Hailey are very happy now, you and her will get yours in the end.-----also Kate never cheated on him!!!!!

1658 days ago
39.

Wendy    

I hope her lawyers eat him alive and he is found in contempt of court. This no good SOB needs to be straighted out asap; anybody with a brain could see what a sleaze his lawyer is on the Larry King show the other night. How about another "epiphany" Jon, your a loser and a nothing, stop trying to ruin any future your family has and stop making a complete idiot of yourself, the "court of public opinion" is not on your loser side.

1658 days ago
40.

Martha    

Eat him alive Kate.

Team Kate all the way!!!!

1658 days ago
41.

tammie    

i can not believe this douche bag. The sad thing is, he is hurting his eight, "count them eight" children by emptying the bank account. This guy has lost his mind and will most surely loose the respect of his children. I wish he would get out of the media eye, because I'm sick of his whinning!!!! grow up dude!

1658 days ago
42.

Joyce    

He was looking at houses in Las Angeles a day or two ago so maybe he needed a down payment. Most of us have been saying from the beginning that he is a spoiled little boy who only thinks about himself. Any man who cares about his family does not do the things he has done. I hope Kate gets the kids, the house and the money. She deserves it for putting up with this turd.

1658 days ago
43.

barfbag    

Marty's just pissed that one of his competitors raided the money market fund before he did...

1658 days ago
44.

SpeakTheWord    

((Got no job))He took the money so that he will be able to pay childsupport. Don't worry Kate will get it back one way or the other. Jon should know that when his kids get older they will understand what he has done. ouch!!!!!!

1658 days ago
45.

Jessie    

Kate2 I do not think Kate will lose her children unless she is a drug addict or she is directly putting her children in danger. You brought up Octomom well she has not had ANY of her children taken away from her by CPS despite the fact many people thought she should. I am sure Kate would welcome CPS coming in to make it clear once and for all that the children are well taken care of by Kate and that the camera's are not filming them ALL THE TIME. I know I would if I was Kate. As for her brother and sister in law.....I have looked in many places and I see them speaking out in May of this year not Feb. which would be AFTER the news had already broken about all of Jon's girlfriends. Also these two were not happy with Kate so there might be some motive to their behavior. At the very least what kind of Aunt and Uncle who claim to love these children act like this. Not only will these kids read about their parents but they will also read about their aunt and uncle coming out and doing this. Any future relationship they might want with these kids is gone due to them selling their story. You protect your nieces and nephews... if you have a problem with things you go to the proper authorities not to the tabloids.These two earned being villified. And since nothing came out of Jon's claims I bet there was nothing to them because if there was you can bet Jon would have been the first to say I told you she did yet we have not seen that out of him have we! If she had stuffed money away we would have heard about it from Jon. Jon seems to me to be getting pretty desperate. He has lost his pay check,he will never make it on another tv show thanks to his behavior(basically career suicide),and he is blowing through money like he has an endless bank account.Kate wrote her books and while Jon will be awarded some money from them it will be far from what Kate gets and once they are divorced Jon is pretty much cut off which is why he filed papers to stop the proceedings which if you ask me is mental abuse of his kids who will start to think' mom and dad might get back together' all the while he is still with his girlfriend and he has no intention of getting back with Kate he just wants access to the money.

1658 days ago
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