Hertell ordered to stop selling
By Lindsay Tice
,
Staff Writer
Friday, September 5, 2008
AUBURN - A judge has ordered an Auburn woman to stop selling assets unless she gets permission from the two community groups that are suing her for more than $124,000 in unpaid loans.
And if Linda Hertell sells anything, the judge ordered, the proceeds must be seized and set aside so the money will be available if the court rules in favor of the groups, the Androscoggin Valley Council of Governments and the Lewiston-Auburn Economic Growth Council.
Hertell, owner of the defunct Richardson Hollow Mental Health Services, represented herself Thursday and cried periodically throughout the hearing. Although she does have buildings up for sale, Hertell said the only assets that have actually sold are pieces of office furniture. She said she didn't know why the two groups believed she would hide money from them.
"I don't understand how particleboard and steel desks and stuff like that that's being sold for $20 each to satisfy the state of Maine constitutes any form of fraud," she said.
But Rebecca Webber, the attorney for the AVCOG and the LAEGC, claimed Hertell set up a series of intertwining shell companies designed to keep her assets - including at least 14 properties in six counties - out of the hands of debt collectors.
"That's bankruptcy planning," Webber said.
Hertell has owned several local companies, the most well-known of which was Richardson Hollow, a once-thriving business that served adults and children with mental illness. At its peak, the 10-year-old company had about 1,000 clients and more than 200 employees.
But in 2007, Richardson Hollow began to founder. Paychecks ran late and workers weren't fully reimbursed for mileage. Top managers were laid off and some workers were told to give up their benefits or quit. In mid-September, Richardson Hollow closed its doors.
Hertell borrowed a total of $150,000 from AVCOG and the LAEGC in 2000, when Richardson Hollow was doing well. The community business loans were largely government funded.
Although Hertell initially made payments, the groups claim she hasn't paid them in months and owes the principal, interest and fees.
Fearing that Hertell spread assets among her various limited liability companies, AVCOG and the LAEGC named Hertell and 10 of her companies in the lawsuit and in their request for Thursday's order. Webber told the judge that Hertell's companies are "impossible to untangle." "What we can't do is tell you what she's selling where. We haven't been able to track down everything she owns yet," Webber said. "But there will be nothing left if she keeps on this course."
She portrayed Hertell as a savvy businesswoman who knows exactly how to hide money from lenders. Webber said in court that the Web site of Magnusson Balfour, a Portland-based brokerage firm, lists Hertell as a broker and presents an impressive list of Hertell's business achievements, including 25 years in real estate management and investment, several awards and a current term as president of the Auburn Business Association.
"This is not someone who didn't know what she was doing," Webber said.
Hertell defended the Web site as advertising.
"You don't put out brochures saying, 'I'm a washed-up CEO, you should hire me,'" she said.
Hertell said she's simply made some business mistakes, including "little things that are just neglectful."
Although Webber continued to assert that Hertell is savvy enough to hide funds from lenders she doesn't want to pay, she argued that the court should side with AVCOG and the LAEGC even if the judge believed Hertell's claims.
"If Ms. Hertell doesn't know what she's doing, then the court needs to step in and protect these public funds," Webber said.
The judge agreed, ordering a temporary restraining order that prevents Hertell or her companies from selling, transferring or giving away assets without approval. Any proceeds will be set aside until a judge can rule on the groups' lawsuit.
This was the second time Hertell had been sued in the wake of Richardson Hollow's sudden closure. The state filed suit against her and Richardson Hollow on behalf of 126 workers who were owed more than $190,000 in back wages and vacation pay. A judge dropped Hertell's name from the suit late last year when the Maine Attorney General's Office didn't file the paperwork required to keep the complaint against her alive.
Richardson Hollow settled the suit in June and agreed to pay the money owed, though the company's attorney said at the time that he doubted the cash-strapped former business had the ability to pay. The state has said it plans to pursue the sale of any company assets. |
CLICK HERE To Show/Hide Discussion Thread - (21 Comments)
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Posted By:humanbeing at September 5, 2008 5:44 AM (Suggest Removal) Finally she has been identified as the unscrupulous woman that she is!
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Posted By:GrammyO at September 5, 2008 5:51 AM (Suggest Removal) The official complaint submitted by Attorney Rebecca Webber is a public document and can be attained at the courthouse. I have read that complaint in full and congratulate Ms. Webber on mapping out and explaining for all to read and comprehend how this woman schemed and calculated every step of her carnivorous journey through the taxpayers money via MaineCare billing. The legislature, DHHS and the Assistant Attorney General were all informed by letter, e-mail and phone of the fraud.. to no avail. The article would suggest that the outcome of the "suit" that was settled in the name of RHMHS ex-employees left us fullly reimbursed for what was stolen from us. Not so...we received 1 week's pay from the Dept. of Labor fund...taxpayer money again. All the other losses remain just that..losses. But, the biggest loss belongs to the Maine taxpayer as MaineCare is 32% Maine funded and 68% Federally funded. Thus, the Maine taxpayer gets to pay twice for Ms. Hertell's trickery, as MaineCare billing was her only source of income and she bragged to us, the employees, in Dec. of 2006 of being an 8 million dollar company. Hmmm?? Funny that in her 10 years of operation as RHMHS, she never had one MaineCare audit even though it is mandated by DHHS regulation. Why not? Bamboozled? Been there ,done that. Where's the IRS?
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Posted By:Tired at September 5, 2008 7:03 AM (Suggest Removal) It really looks to me like she knows fully well what she was and is doing. I feel bad for all the people that fell into her claws and worked for nothing. We can only wish that she had to go weeks with no pay check but maybe in the end she won't need one.
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Posted By:embarrassed at September 5, 2008 7:09 AM (Suggest Removal) As a former RHMHS employee, I received from the Dept of Labor fund one week's pay. (This was out of the $5500 that was owed to me when Linda Hertell stole my services throughout the years that I worked for her.)I am certainly not rich enough that I can work for nothing. Not one of the former employees can afford to hire an attorney to fight for what is owed to us. Where are the government officials when the little people are being stolen from, and that is exactly what Linda Hertell did to us. Perhaps (hopefully) this attorney for these two agencies will put her where she belongs. Oh yeah, by the way, what a lovely picture of a woman who a couple of years ago bragged about running an $8 million dollar business-- To bad it was not taken in an orange jumpsuit, which I think, she is going to look good in.
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Posted By:Mema at September 5, 2008 7:56 AM (Suggest Removal) She cried, probably because she got caught, certainly not because she was sorry for her actions. Another crooked CEO. I vote for the orange jumpsuit, too.
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Posted By:Jen at September 5, 2008 8:09 AM (Suggest Removal) I'm ecstatic! I pray she gets what she deserves!!!!!!!
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Posted By:Dr. Hassan Bin Sobah at September 5, 2008 8:41 AM (Suggest Removal) Payback is a bitch. "GTO Girl" is now being dragged over the coals by not only the courts, but by the venerable Lewiston Sun-Journal. She can cry me a river.
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Posted By:anon at September 5, 2008 8:44 AM (Suggest Removal) Mainecare never audits...until after the fact...by then its too late. that said...most agencies doing this kind of work are 503c non-profits and have their books audited by an independent auditing agency annually for their annual report to their board. for profit businesses...like RH should not be able to bill Mainecare, Medicare or any other publicly funded program...that includes insurance companies...unless they are willing to sign a contract agreeing to pay for an annual financial audit. there's one for the legislature to take on!!!!
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Posted By:Jenny in Franklin Cty at September 5, 2008 9:47 AM (Suggest Removal) I'm glad the Maine Attorney Generals office dropped the ball and didn't file paperwork on time. I guess she gets away with the thousands she owes her former employees. I hope no one feels sorry for her.
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Posted By:GrammyO at September 5, 2008 10:13 AM (Suggest Removal) The Legislature,DHHS, MaineCare,Attorney General's Office. The common denominator is they are State of Maine ..all on the same team. They are not going to do anything to incriminate each other by revealing massive decision making mistakes or neglect of duty. Lest we not forget bogus computer software purchases, accounting errors in the millions, stock market losses to the tune of 20 million. And now to admit that they were defrauded and let it happen? Ain't going to happen. The ex-employees of RHMHS were supposed to just fade away with their one week's pay..But, the tangled web of Ms. Hertell has been jeopardized by a smart and talented lawyer...Hopefully, the IRS is paying attention.
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Posted By:nosey at September 5, 2008 12:05 PM (Suggest Removal) Ms. Hertell represented herself? No more Skelton, Taintor and Abbot? And we are allowed to blog on this article? Hmmmm....
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Posted By:Ph.D.iva at September 5, 2008 2:12 PM (Suggest Removal) Sooner or later, everyone meets their match. Appears Hertell has finally met hers. GO GET 'EM Rebecca Webber! Linda should have never got out of the card and gift shop business. This snafu is going to cost Big Daddy Arthur a lot more than the shops did.....Dig out one of those wallets.....LOL..........
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Posted By:ojhuig at September 5, 2008 3:09 PM (Suggest Removal) What hurts the most is that she did this on the backs of disabled people. Shame, shame on you Linda, and may you pay for these crimes in the next life as well.
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Posted By:tired of it at September 5, 2008 4:17 PM (Suggest Removal) It has been almost 1 year since the closing of RHMHS. Most people have moved on but it appears,as most BIG MAINE stories; some just can't quit bashing, can't quit pointing fingers all around them, and refuse to take responsibility for their own piece of the downfall of RHMHS. Move on former "Hollowians"..we ALL did good stuf and with those good deeds we made mistakes. Can anyone else find something positive in this very sad story?
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Posted By:GrammyO at September 5, 2008 6:43 PM (Suggest Removal) "tired of it", You are absolutely correct and absolutely wrong. Yes, victims do need to move on, reflect and rationalize the life changes that occurred through no fault of their own...But, in that process is a responsibility that some are reluctant to shoulder. We all did our part as Mental Health Workers to right some of the wrongs in our small part of this big world, be it linking people to needed resources or processing paperwork. It all counted to those that were in need. You are wrong to assume that those same people can allow the injustices that were carefully planned and perpetrated against others by the owner of Richardson Hollow to just be accepted, tolerated or condoned with no public outcry. For, if no one stands up and objects to such treatment of others, be it monetary or emotional, doesn't it then become the "norm"? And what does that say about the society we would therefore be living in? I'm sorry that you see facts and truths as bashing and fingerpointing. That's the sad part to this sad story. That there are those willing to hold the wrongdoers responsible is the positive.
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Posted By:embarrassed at September 5, 2008 8:18 PM (Suggest Removal) To Tired of It.
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Posted By:embarrassed at September 5, 2008 8:23 PM (Suggest Removal) Perhaps if Tired of It was one of the people that Linda Hertell owed money to, they would feel very different. My bills get paid on a weekly basis and when I get robbed of it, the people that I owe don't give a damn why I am in arrears in my payments. I worked for all the money owed me and when I didn't get it, I felt cheated and very p----- off. Maybe that feeling will go away when we get what is owed us!! In the meantime, go and talk to any one of the former employees and see how they feel about it!!! This is our only chance to vent and hopefully be heard. Perhaps you should start a Linda Hertell fan club and hold her hand while she goes down!!!
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Posted By:Monique at September 5, 2008 8:39 PM (Suggest Removal) The employees were never given what was owed to us, please...we were given one week's pay, and not by RH, it was paid to us by the taxpayers...so in acutality we paid ourselves, along with the rest of LA....thank you so much Linda, again!
What a slap in the face..and she cried? Do did all her ex emplpyees when we had to explain to our families we couldn't pay our bills, or buy food, cause Miss Hertell slammed her doors and and turned her back on us.Her thanks to us all for standing by her when the chips were down...
She didn't even have the gonads to be there the day she closed up to face us all to explain why this was happening, or to say how sorry she was, no she just stood from next door and watched us gather our things and say goodbye to each other, crying and wondering how we were all going to make it. We were there for her when she begged us to please stand by her, but where was she when we needed her...watching from her iviry tower..Class, real class!
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Posted By:scooby at September 5, 2008 10:18 PM (Suggest Removal) cry me a river she deserves what she gets
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Posted By:luckygirl at September 8, 2008 4:12 PM (Suggest Removal) Karma...gets 'ya every time!
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Posted By:Defiant at September 8, 2008 5:01 PM (Suggest Removal) I wonder who's footing the bill for her wedding on the 19th at her humble little home.
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