Kevin J. Rieman

BAY CITY, MI -- Standing before a judge for sentencing, disgraced Bay City attorney Kevin J. Rieman said he brought shame on his profession by embezzling thousands from clients.

And yet, he said he did not deliberately break the law, saying his convictions come down to differing opinions with those he stole from.

Nevertheless, Rieman is to spend the next year in jail and the next half-decade on probation.

"I do apologize, your honor," Rieman, 51, told visiting Midland County Circuit Judge Michael J. Beale on Monday, Oct. 23. "I don't blame anyone in this courtroom or anyone who claims to be a victim of mine. I do blame myself. I don't necessarily agree with everything that's been said about how or why things occurred in this case, but clearly, these are my clients, these are my cases, these are my convictions, these are my doing, these are my responsibility."

A Bay County jury in January found Rieman guilty of embezzlement by an agent or trust more than $20,000, uttering and publishing, and forgery. He represented himself at the trial.

Prior to that, in August 2016, Rieman pleaded guilty to second-offense impaired driving, stemming from a July 2015 drunken driving arrest in Bay County.

Then, in September, Rieman pleaded no contest to two counts of larceny between $200 and $1,000, a one-year misdemeanor. In exchange, prosecutors dismissed two counts each of forgery, uttering and publishing, and embezzlement between $1,000 and $20,000, as well as one count of false pretenses between $1,000 and $20,000. Those charges are felonies, with the first two punishable by up to 14 years in prison and the latter two by up to five years.

Rieman's embezzlement-related charges were related to three victims.

Continuing in a rambling monlogue, Rieman said he was most embarrassed by his drunken driving arrest.

"I know better than that," he said, tearing up. "There's no excuse. I had a rough few years, yes; that's not an excuse."

Frequently turning to the packed courtroom, Rieman said he did not consciously scam anyone or throw his life away. Rather, he did so out of sloppiness and negligence, he said.

The day's hearing lasted more than two hours and began with defense attorney Ghazey H. Aleck II asking Judge Beale to vacate Rieman's jury convictions and allow Rieman to withdraw his other pleas. The judge denied these requests, saying no new evidence had been presented to him and that he had no doubt Rieman believes the version of reality he has fashioned.

Aleck and Rieman also requested the judge impose a sentence of house arrest, saying Rieman has already been punished by the loss of his career.

Before Beale imposed sentence, two of Rieman's victims addressed the court.

"What makes me most angry is he stole from my disabled son," said Susan Damm, who hired Rieman after her son had been injured in a motorcycle accident. She added any other person with Rieman's convictions would "have the book thrown at them."

"He's not an ordinary person," followed Erica Robinson. "Some people are held in higher regard. He's someone people put their trust in to do something we don't know how to do. We thought he was doing what was best for us, but he wasn't."

Bay County Chief Assistant Prosecutor Jeffrey D. Stroud agreed with Damm's and Robinson's assessments.

"They put their faith in a lawyer," he said. "Had this house of cards not come collapsing down on him, (his clients) would still be without their money. He violated the trust of his clients, he violated the trust of his profession, and probably most seriously, in the public's eye he has perhaps, to a great degree, undermined confidence in our legal system. I don't think he just interfered in the administration of justice; I think he rocked it to its core. This system cannot survive without people being able to trust the lawyers who administer the system."

Though Rieman's sentencing guidelines ranged from 10 to 23 months of incarceration, Stroud asked the judge sentence him to no fewer than five years in prison.

Beale agreed that Rieman had sullied the judicial system. He said it boggled the mind for Rieman to justify his illicit deeds, adding he was convinced Rieman is delusional or such a good salesman, he's convinced himself of his version of events.

Beale sentenced Rieman to concurrent terms of one year and 90 days in jail on his misdemeanor convictions. On the felony convictions, he sentenced him to five years of probation, the first two years of which are to feature Rieman on an alcohol-detecting tether.

The judge warned Rieman that if he violates probation in that five-year span, he can send him back to jail or to prison.

Case background

Throughout Rieman's trial, Stroud argued Troy A. Dybas had hired Rieman several years ago to represent him in litigation stemming from a motorcycle crash. The case proceeded to trial, with a jury finding State Farm Mutual Insurance Co. owed Dybas money. Rieman was to receive 33 percent of the final sum.

However, Stroud argued Rieman signed Dybas' name on a 2011 check for $49,942 and kept the money. Rieman, who testified in his own defense, acknowledged he had signed Dybas' name and put the money in his personal account, but said he did so with Dybas' consent.

In the corner of a typed contract, Rieman had handwritten that he would be loaned the sum by Dybas for five years, and that the amount would accrue 5 percent interest. Dybas could have withdrawn the money from Rieman with a written notice of 30 days, Rieman testified.

Rieman was first arraigned on criminal charges in December 2014. In connection with those charges, court records indicate prosecutors believe Rieman on April 17, 2014, cashed a check for $8,000 that was due to a client, Erica Robinson. Rieman then kept the funds, prosecutors allege.

At the time, Rieman was part of Rieman & Reyes, a law firm at 817 Washington Ave. in downtown Bay City. He no longer is part of the firm, which is now known as Reyes & Bauer.

In April 2015, Rieman was arraigned on the additional charges stemming from his alleged conduct with Dybas and fellow client Sue Damm.

Damm testified during a June 2015 preliminary examination that she hired Rieman to represent her son in litigation stemming from a motorcycle crash that left him disabled. Damm and her ex-husband signed a retainer agreement on their son's behalf, granting Rieman 33 percent of whatever sum their son received, she said.

The case resulted in a monetary settlement owed to the Damms in early 2009, she testified.

During that hearing, Assistant Prosecutor Stroud showed Damm copies of a check for $5,394.75 issued to her and bearing what appeared to be her signature. Damm, however, said the signature was fraudulent and she never received money from the settlement.

Damm added that in June 2009, Rieman demanded she pay him $1,100 in cash, without saying why. Damm borrowed the amount from a friend and gave it to Rieman, she testified.

Dybas also testified against Rieman during the preliminary exam.

"He told me he was having a very rough year, that his wife was divorcing him, that his business was not doing well, and at that time he'd call State Farm to see if they'd settle for less money," Dybas testified during the preliminary hearing.