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Fake Will Forger Refutes Argument of ‘Sophisticated’ SchemeLock Icon

2 min read

Donna Herring, the former Camden real estate agent who orchestrated the infamous fake will case, is continuing to argue that she deserves the least amount of prison time possible.

Earlier this month, Herring responded to the U.S. attorney’s office’s argument that the crime was “sophisticated.” If U.S. District Court Judge Susan O. Hickey agrees with that assessment, she could give Herring more time in federal prison when she is finally sentenced. As of press time Thursday, a sentencing date had not been set.

As you may remember, Herring pleaded guilty a year ago to a federal charge in connection with a scheme to create a fake will for Matthew Seth Jacobs. Jacobs survived the Deepwater Horizon oil rig explosion in 2010 and had received a sizable settlement before he died at 34 in a one-car accident in January 2015.

“There is a notable lack of sophisticated conduct in this case,” Herring’s defense attorney, Erin Cassinelli of Little Rock, said in the filing, which is a response to the government’s take on Herring’s presentence report.

“In reality, Ms. Herring’s conduct was rather unsophisticated — the fake signatures did not even match and obvious and necessary components of the will were left out. It did not name all of the necessary property and left vague who was to receive the assets that were listed.”

The will left the bulk of Jacobs’ $1.7 million estate to Herring’s daughter, Jordan Alexandra Peterson, now 23.

Cassinelli also noted that Herring is 52 years old and unlikely to commit another crime.

Herring has asked for a sentencing range of between 33 and 41 months, or lower, in federal prison.

As expected, the U.S. attorney’s office viewed the facts differently.

“Herring devised and executed a calculated, multi-step plan to not only create a fraudulent will after researching the applicable laws, but then staged a surprise discovery with unwitting participants to pass it off as an original to maintain the deception,” Assistant U.S. Attorney Candace Taylor said in the filing.

Peterson and Herring’s sister and brother-in-law, Marion “Diane” Kinley and John Wayne Kinley Jr., also pleaded guilty in connection with their roles in the case. They have not been sentenced yet.

Taylor said the “layered deceit continued” to navigate the will through probate court to “legally” steal Jacobs’ estate from his only child through complex legal proceedings.

“While the individual steps taken may not be overly sophisticated or complicated, the overall scheme involved coordinated conduct and concealment that constitutes sophisticated means,” Taylor said.

Taylor asked that Herring be sentenced in the guideline range that was suggested, which was from 51 to 63 months in prison.

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