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Commonwealth of Virginia
Office of the Attorney General

Mark Herring
Attorney General

900 East Main Street
Richmond, Virginia 23219


For media inquiries only, contact:  
Michael Kelly, Director of Communications
Phone: (804)786-5874 
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.


FAIRFAX, Va. (August 14, 2014)- James G. Kincheloe, Jr., 67, of Fauquier County, Va., was sentenced today to six years of active incarceration and an additional three years of post-release supervision after he pleaded guilty to embezzling nearly half a million dollars from a client and her estate.  Attorney General Mark R. Herring, whose office has prosecuted the case, made the announcement today after Fairfax County Circuit Court Judge Jane M. Roush imposed the sentence, saying she was doing so based on the quantity of theft, the violation of trust, and the number of instances of theft.


"As Attorney General, I will continue the work I started as a state senator to protect seniors from financial abuse in their later years," said Attorney General Herring. "If anyone thinks they can exploit or abuse our seniors, either physically or financially, they should know that they will be investigated, prosecuted, and they will be looking at serious jail time."


After a restitution hearing, Judge Roush determined that the amount of theft from Kincheloe's 90-year old client and her estate totaled $483,625 over approximately three years. Attorney General Herring's office also prosecuted Kincehloe in Fauquier County Circuit Court for three misdemeanor counts of failure to file state income tax returns. Kincheloe pleaded guilty to those charges and is currently serving a six-month sentence.


This case was investigated by the Fairfax County Police Department and presented to the Northern Virginia multi-jurisdiction grand jury by Virginia Assistant Attorney General Marc J. Birnbaum, who prosecuted the case on behalf of the Commonwealth.


The Office of Attorney General works throughout the year to protect seniors from financial and physical abuse through active participation in Triad partnerships and through its Elder Abuse and Neglect Squad of the Virginia Attorney General's Medicaid Fraud Control Unit, which investigates allegations of physical abuse or neglect of elderly and incapacitated adults receiving Medicaid benefits in the Commonwealth.


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