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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it directly violates the Arbitration Award in the divorce which requires both parties to agree before any money is withdrawn.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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76.

Arch    

Why I don't believe this story.

1. Radaronline reports that Jon took $200,000 out of the $201,000 that was in the bank, leaving Kate only $1,000.

Okay, am I the only one that finds it strange that the account only had $201,000 in it? Shouldn't their be more money than that in the account. Kate has only put up $80,000 in a trust fund for her children, so where is the rest of the money?

2. Kate found out about the missing $200,000 after receiving overdraft notices.

Okay, this doesn't make sense and if I am lying, if you work for the bank, please tell me that I am lying and I will stand corrected. But, a person does not receive overdraft notices, unless their account goes in the negative. $1,000 isn't a negative balance. - $1,000 would indicate a negative balance. So that means that the account wasn't in the negative.

An overdraft notice is letting you know that you didn't have enough money to cover for your transactions.

Example: If you have $500 in the bank and you go out and buy something for $505. The bank will send you an overdraft letter, because you have a - $ 5.00 balance. You will have to pay the negative balance amount, as well as the overdraft fee.

3. Radaronline reported that Jon supposedly has taken the money, hours after he appeared on the Larry King show. Well, the show was filmed live and after bank hours. $200,000 can't be withdrawn from an ATM machine, so that means that Jon would have had to go in the bank Friday to withdraw that amount of money.

Well, lets see: How could Kate have received overdraft notices and hired Marty both on Friday 10-02-09? Today is only Sunday.

4. Radaronline showed Kate taking down Jon's sign yesterday and if I am not mistaken, they've ran a story stating that Kate and Jon agreed to talk.

If this truly happen, I don't believe that Kate would agree to talk to Jon.

1808 days ago
77.

Bunzer    

Well this is taking the typical path...media pays big money to follow family, family starts fighting about all the money coming in, family splits, each hires a lawyer, and who ends up with all the money?? THE LAWYERS!! They are the reason everything goes to hell if you think about it. Why are health care costs so high?? Lawyers. Why is car insurance so high? Lawyers. Why are prescriptions so high?? Lawyers. They can all burn in hell.

1808 days ago
78.

majicdanser    

Jon is a crud. His member MUST be so small...

1808 days ago
79.

LT    

Im so glad Jon finally grew a pair, Kate always treated him like *hit now she has to go back to work and earn some money. Jon had to quit his job just to please her now its her turn to raise those kids, and get off her lazy a** and do things for her self. She was the one cheating on him first with the bodyguard, turn about is fair play! And TLC needs to stay out of it and let them go through the divorce first before continuing with any type of show, greedy bastards!! GO JON!!

1808 days ago
80.

camie    

JOB-less GOOSING steals from WIFE AND 8 KIDS! POOR KATE she slept with a dog and now gets up with FLEAS! JON GOSSELIN Leave LA you no talent, ASS HOLE!!!!

1808 days ago
81.

Vanessa Kaye    

Ok, this is freaking me out. Jon only left a thousand dollars for his KIDS... This man is loosing his mind who knows what else this man is capapble of. At first I was like poor jon and whatever but now...i think dude is loosing it! Kate better get a restraing order against this dude...i'm joking but real talk they better watch out for this one!

1808 days ago
82.

Donna    

I find holes in this story also, there has to be more than $1,000 in their joint account. They both have been on various TV shows that pay for their appearance, Kate has been on a book tour for how many months, besides their show on TLC, surely there has to be other accounts so Kate and the children I'm sure they are well taken care of. If not, they both are bigger idiots than I thought. I hope this latest media 'whoring' by both of them comes to the end of the show on TLC, good riddin's to the idiots.
Start acting like adults and take your children off the air, instead of exploiting them for your on 'stardom' (cough cough)!!!

1808 days ago
83.

Terre    

So Jon shows his true colors. Steals from his children. Way to go Jon the court is going to love this one. There goes joint custody, there goes your NY apartment cause you won't be able to afford after all the attorney fees you are going to have to pay. Oh I can't wait to hear what happens in court tomorrow. Jon thought his $5.00 a day allowance was bad wait til the judge gets ahold of him. Contempt of court can either be jail time or one heck of a fine. And you know the guys in jail aren't gonna like a guy that stole from his children.

No. 94 if you have outstanding checks like mortgage, gas, electricity, etc., etc. and those account to more than $1,000.00 you get overdraft.

Oh I so hope Jon or his oompa loompa attorney read these!!!!

1808 days ago
84.

sound    

As long as Kate is good to her children and takes care of them well, why should we care if she was a witch to Jon. She can be a witch to the public, to Jon, to Joe Schmo, WHO CARES? As long as she is a good mother. She seems to take her job as mother very seriously and she seems to be the one thinking about their futures. Why hate her? She didn't do anything to you? I dislike any parent that is going to overtly do things that hurt children. Jon has just done that. Take grocery, school, and gas money out of the family checking account so she can't buy food to feed the kids? NOBODY should stick up for this kind of behavior.

1808 days ago
85.

Webbs    

Lol i love how Jon just keeps hanging himself time after time - what an idiot! All kate has to do is sit back and watch him screw up on his own. I think its wonderfull, you go girl! I really used to love Jon, i mean he had to be pretty amazing (i thought) to put up with Kate (i love her but shes pretty damn hardcore!) - but i guess hes just another douche!

1808 days ago
86.

La Toya Jackson    

Jon thinks he's a movie star

1808 days ago
87.

nofan    

#28/ No, we didn't find it repulsive that Kates brother would try to get his share of the pie. We found it repulsive that a brother would betray his sister for money. Jon said on radar that they were lying.I would never betray my sisters or my neices and nephews. I would shut up and be in their life and discuss differences in private.

1808 days ago
88.

Janet    

That money is all John going to have. Does anyone think ol Kate is going to share any of her book signing, etc., money shes going to make while John was home with the kids? I don't think so. ~ Kate should just get back together with him, IF she can control her belittling of him.

1808 days ago
89.

ajb    

Enough of these two creeps! Kate the nasty, Jon the douche. Never thought I'd see 'celebs' less worthy of my time than, say, Paris Hilton or Spencer & Heidi. These are two uninteresting people on a trainwreck. Must you keep covering them?????

1808 days ago
90.

Whoopi    

So much of what we read is wrong or misinterpreted so who knows. Kate surely has no problem shopping for her tramp looking spiked heels and all her little short skirts she's been seen in so often these days. How many bikini's did she have? Kate's been spending all this money herself so I don't know what all of you are bitchin about.
Months ago so many told Jon to man up and take charge and stop this crazy circus. Well, now Jon is doing that and he's being called a douche bag. He is trying to stop the circus and he has made comments about not caring about the money. They may "only" have made 500,000 last year but this has been going on for years. They both should STOP SPENDING the kids money but then again, it is all about the money as far as Kate is concerned. She may have to give up a spa treatment or wear the same skirt twice.....nah, that will never happen!!!! NEVERMIND!!

1808 days ago
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