WOBURN, MA - A disbarred Wilmington attorney, who served time for swindling clients out of more than $1 million, begged a court official for a probation hearing so he can get out from under more than $200,000 in restitution he is supposed to pay before his probation expires on April 1.

Former attorney Michael F. Germano, 53, of Wilmington, told Middlesex Clerk-Magistrate Michael Sullivan on Wednesday that he is in "dire straits'' having lost "everything'' since he pleaded guilty in 2014 to a scheme with his former Boston law partner Peter Lagorio to create" false victims'' of a 2006 ink-plant explosion in Danverport and other cases, then pocketing the settlement payments. None of the actual victims of the blast were impacted by this scheme.



In January of 2014, Germano pleaded guilty to a total of 17 counts of embezzlement, uttering, larceny, conspiracy, and attempted larceny. He was sentenced to one year in jail with six months to serve and the balance suspended for three years while he is on probation. He was ordered to pay restitution. The Massachusetts Bar Association used money from its victims' compensation fund to repay the victims of the two lawyers, but Probation Department says Germano was ordered to repay the fund about $200,000.



Some money has been paid over the years, but a large amount is still owed and cannot be repaid before Germano's probation ends. Prior to a 2016 decision by the state's highest court, judge's would either extend a defendant's probation until restitution is paid or invoke the remainder of the jail sentence. The state Supreme Judicial Court ruled that defendant's can't be held hostage by unpaid restitution.

Sullivan was able to schedule a probation hearing on Thursday for a superior court judge to decide Germano's fate.

