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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 
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MANASSAS, Va. (March 2, 2015) -Today, Attorney General Mark R. Herring announced that Heidi M. Pender-Kincheloe, 57, of Warrenton, Va., pleaded guilty to receiving funds that had been embezzled from an estate managed by her husband, former attorney James G. Kincheloe, Jr. The announcement comes after Prince William County Circuit Court Judge Lon E. Farris accepted Pender-Kincheloe's guilty plea. 


According to a statement of facts presented in open court, in 2010 and 2011 Pender-Kincheloe submitted invoices for approximately $146,000 to the estate of her husband's deceased client, Pearl S. Buckley, claiming that she had worked more than 4,300 hours for her. Pender-Kincheloe's husband then gave her more than $150,000 in checks from the estate, which she deposited into her accounts.


"I'd like to thank the Fairfax County Police Department and Marc Birnbaum from OAG who prosecuted this case - their hard work truly made the difference," said Attorney General Herring. "This level of blatant disregard for ethical standards and disregard for clients' rights will not be tolerated in the Commonwealth, and I am pleased justice was served in this instance." 


James Kincheloe previously pleaded guilty to embezzlement in Fairfax County Circuit Court, and was sentenced to six years in prison in a case prosecuted by the Office of Attorney General.  Kincheloe and Pender-Kincheloe were also convicted of failure to file state income tax returns in Fauquier County Circuit Court - which the Office of Attorney General also prosecuted.


Pender-Kincheloe will be sentenced on August 13, 2015. Receiving stolen property carries a maximum penalty of 20 years in prison.


This case was investigated by the Fairfax County Police Department's Financial Crimes Squad and presented to the Northern Virginia multi-jurisdiction grand jury. Virginia Assistant Attorney General Marc J. Birnbaum is prosecuting the case on behalf of the Commonwealth.


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