Arizona Commission on Judicial Conduct

No Isolated Incident (Cont…)

the unlawful legal advice given by Attorney Bryan Eastin to his Clients, Gary and Donna Johanson.
In 2016, Gary T. Johanson hired Bryan Eastin of Platt & Westby P.C. to facilitate the transfer of “trustee” status to his sister-in-laws’ son,Brad Adams.
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  Gary had self-appointed himself as “trustee” for an irrevocable asset trust Gary had initiated the origination of the “trust” with the only asset being a bank account with Bank of America. Gary T. Johanson


 The purpose of the trust was to allegedly dispose of assets to enable Gary & Donna Johanson’s brother (Verne) and sister-in-law (Joyce) to become eligible for other retirement benefits. This was conditioned with the money from the “irrevocable asset trust” could not benefit the “trust” Owners Verne & Joyce Johanson. The assets could only be distrubited by the trustee (Gary T. Johanson) and under the criterion of Hardship, demonstrated needs.
 The demonstrated needs was at the trustee’s (Gary T. Johanson) discretion.
 Let me back up a little bit and give a chronological order of events;
 1.) September 24, 2012 Verne Alden Johanson, and Joyce Darlene Johanson issued reciprocating Power of Attorneys to each other. Gary T. Johanson, was named as alternate Power Of Attorney on both POA’s, in case of loss of capacity.
 2.) December 23, 2014 Gary T. Johanson signed acceptance of trustee for the Johanson irrevocable asset trust.
 3.) December 2014 to July 2016, Gary Johanson made numerous transactions and payments from the trust account that was not in accord with the guidelines of the trust (embezzlement). This started almost immediately until Gary withdrew all of the money from the trust account on July 12, 2016.
 4.) On March 12, 2015 a bank account was established for the “Johanson irrevocable asset trust” with Bank of America account ending in #8302 in the amount of: $99,427.54
 5.) March 12, 2016, Gary T. and Donna J. Johanson placed Verne A. Johanson on hospice.
 6.) March 16th 2016, Verne Alden Johanson died.
 7.) March 30, 2016, A fiduciary by the name of Nicole lynn Sabatina license number: 20684, was retained by Gary T Johanson in a written agreement between “with love Jeannean LLC” and Gary T Johanson, (Consequently, Nicole lynn Sabatina and Jeannean Sabatina Licenses was revoked).
Full Document Here.

 Post being retained by the Johansons, Bryan Eastin (and clients, Johansons) decided to close the irrevocable asset trust that Gary was trustee on, dated December 23rd, 2014.
 8.) May 11, 2016, Bryan L. Eastin of Platt and Westby, P.C. Was retained by Gary T. Johanson and Donna J Johanson for a legal matter concerning Gary Johanson’s brother Verne Johanson and Gary sister-in-law Joyce Darlene Johanson’s irrevocable trust, Gary T Johanson was trustee over.
 9.)May 12, 2016, Nicole L Sabatina was placed on the Johanson irrevocable asset trust as co-trustee of the trust.
 June 28, 2016, Bryan Eastin of Platt and Westby P.C. sent Nicole L Sabatina via certified mail, return receipt requested/with love Jeannean LLC address 10451 W. Palmeras Dr. suite 202E Sun City, AZ.85373, A letter revoking the appointment as co-trustee.
 10.) July 5, 2016, Nicole L. Sabatina resigned as co-trustee of the trust. Gary Johansons was informed on same date. Bryan Eastin directed Gary Johanson to fund the bank account back to the original amount at Bank of America bank for the irrevocable trust. Gary complied. When Gary Johanson was deposed, Bryan Eastin objected as to the questioning as being privileged. (Deposition 1.mp4)
 11.) July 6, 2016, Gary Johanson went to chase bank and withdrew $31,383 .01 via cashier’s check from account number *****2710 (Joyce Johanson’s personal Chase bank account) and consecutively, on July 6, 2016 withdrew $46,500.00 via cashier’s check from account number *****5390 (Verne Johanson’s personal Chase Bank account).
 12.) July 7, 2016, Gary Johanson receives a letter from Scaringelli law firm containing Nicole L Sabatina’s resignation letter dated July 5, 2016.
 13.) July 12, 2016, Gary T Johanson, then proceeded to take the cashier’s checks obtained from Chase Bank to Bank of America and deposit them into the irrevocable trust that he was trustee on solely, and only he had access to. The account titled: The Johanson Family Irrevocable Asset Trust, Gary T Johanson (Trustee). Account Number **** **** 8302. Gary immediately withdraws all the money from the “Trust” account via cashier’s check.
 14.) July 12, 2016, Gary T Johanson makes two withdrawals from Bank of America account number ********8302 first in the amount of $77,883.01 in a cashier’s check, the second also in a cashier’s check with the remaining balance after all the expenditures from the trust account in the amount of $29,339.14 totaling: $107,222.15
 15.) July 12, 2016, Gary T. Johanson takes the cashier’s check[s] from Bank of America in the amount of $107,222.15 to BBVA Compass Bank N.A. and opens a clear choice money market account, account # ******8084 in his name solely, where only Gary has access to this money.
 16.) September 8th 2016, Brad W. Adams becomes Joyce Johanson’s power of attorney. At the direction of Bryan Eastin, Brad Adams sends original power of attorney to Gary T Johanson for inspection.
 These events of taking Joyce’s Money caused Joyce’s son, Brad Adams and the long term care home, Creekside Continuing Care where Gary T. Johanson’s sister-in-law (Joyce Johanson) resided, to file a complaint for financial exploitation of a vulnerable adult with the Burlington Washington Police Department. (Cont…)


 
The Criminal Investigation
 On December 24^th., 2016, Brad Adams (Gary T. Johanson’s Sister-in-law’s son) recieves his original power of attorney (P.O.A.) returned by U.S.P.S. postal mail.
  The original P.O.A. wasn’t needed for any purpose. Bryan Eastin and the Johansons only asked Brad Adams to send his original P.O.A. to keep him from exercising the authority of the P.O.A.
 Attorney Bryan Eastin and the Johansons feared Brad would discover the embezzlement of the “Trust” if he retained the P.O.A. in his possession.
 Bryan Eastin mocking his client while charging her $400.00 an hour.
 The only reason Bryan Eastin & the Johansons returned the P.O.A. and any “Trust” Documents to Brad Adams, was Bryan Eastin & the Johansons thought they had consealed the embezzlement so well that Brad would not be able to find any information in regards to the “Trust” Bank account or the embezzlement, since the “trust” was closed.
 Attorney Bryan Eastin closed the “Johanson Family irrevocable asset Trust” under fraudulent pretenses, awarded the money from the “Trust” account to Gary T. Johanson fraudulently by claiming the Johanson had a hardship and exploited the “demonstrated needs” clause in the “Trust”.
 Although, Gary had taken all the money from the trust account on July 12, 2016, the trust was actually closed in December 2016, prior to legally notifing any beneficiaries.

 Gary T. & Donna J. Johanson in 2016 had a financial portfolio valued at an estimated value up to Fifteen (15) Million in investments and $750,000.00 dollars in assets. Gary T. & Donna J. Johanson cumulatively, drew $50,000.00 dollars a year on Social Security. Additionally, the investments the Johansons posessed yeilded annual dividends of approximately $30,000.00 dollars. No Hardship did the Johansons have!  This act of Fraud by taking Joyce Johanson’s money caused a criminal investigation to be opened against Gary T. Johanson for financial explotation of a vulnerable adult by the Burlington Washington Police Department.Burlington Washington Police Department


 Bryan Eastin was not retained by the Johansons to legally represent the Johansons in the Criminal Matter. Bryan Eastin Stated he was not a criminal lawyer. Yet, Bryan Eastin injected himself into the investigation of the Johansons to deter the investigation from the illegal act[s] he (Byran Eastin) commited by unlawfully closing the “Trust” and dispering the assets (money) to his client[s] the Johansons.
 Bryan Eastin had coveted

 the “Trust” money due to his dilitory


 career.
Johanson Family Irrevocable Asset Trust

 After the trust was closed, and the documents (power of attorney etc.) were returned to Brad Adams, the criminal investigation upon the Johanson’s began.
  Officer Holt was the Detective assigned to the case to investigate the disappearance of Joyce Johanson’s money.
 Bryan Eastin, upon learning of the investigation injected himself into the investigation!
 Brian Eastin had not been retained or ever was retained by the Johansons to represent them in this criminal matter or any matter that occured related to closing the Irrevocable trust.
 Nonetheless, Bryan Eastin initiate contact with officer Holt of the Burlington Washington Police Department, stated he represented the Johansons in the matter of the investigation by Ofc. Holt.
 Eastin stated this for the attempt to determine how to diffuse and deter the investigation against his clients the Johansons for the illegally allocated funds from the Johanson family irrevocable asset trust.
 Brian Eastin knew the act[s] in closing the trust was unlawful and did not want any outside investigation being conducted on Gary T. and Donna J. Johanson.
 Eastin feared his unlawful act[s] would be discovered and he would be prosecuted.
 Brian Eastin stated to Ofc. Holt he was legal counsel for the Johansons. Once Brian Eastin had determined what officer Holt was investigating and the information sought by officer Holt, Brian Eastin stated to the investigating officer that he would talk to the Johansons to determine if any wrongdoing or exploitation was being committed either against or by the Johansons. Brian Eastin gave the false impression that the Johansons had retained Bryan Eastin to represent them in this matter.
 Ofc. Holt agreed to allowing Brian Eastin to question his clients (Johansons) of any alleged abuse or financial exploitation.
 Brian Eastin contacted the Johansons and set a time to speak with the Johansons telephonically.
 The Johanson’s informed Brian Eastin they were available on January 23^rd., 2017 at 10 AM. In the Phone Conversation, (transcript of call).

 Byran Eastin, being his usual dilatory self, called late. The initiation of the call began at 10:09 am on January 23^rd., 2017.
 
 At this point, the actions by Attorney Bryan Eastin raised severe doubts and concern with the Johansons.
 The Johansons just prior to this time was under the misguided belief the closing of the trust was legal.
 Although, now, Eastin through his bad legal advice, caused a criminal investigation to be initiated upon his clients for financial exploitation of a vulnerable adult. Needless to say, in a short period of time, the Johansons did not trust Eastin and was not fully aware of all acts Eastin committed at the outset of the investigation.