A civil lawsuit dealing with millions of dollars has been filed against one of Greenbrier County’s delegates.
Filed against District 42 Delegate and local attorney Barry Bruce and his brother Robert Bruce by Jewell K. Whittaker Bruce, the suit requests damages from the attorney due to his alleged mishandling of over a million dollars in lottery winnings, several property transfers, the creation of an LLC, and more. In a response, Barry Bruce denied any improper handling of Jewell’s property, finances, or financial trust.
The complaint, filed on April 13, specifies that Jewell Bruce lived as a homemaker, having not “directly participated in investment activities, financial planning, accounting or other business ventures.” This does not mean Jewell Bruce was without resources however — she hired Barry to finalize her divorce.
“[Jewell Bruce] was at one time married to Jack Whittaker who … was the winner of one of the largest Powerball payouts in the State of West Virginia. [Then Jewell Whittaker] became divorced from the said Jack Whittaker. … At the conclusion of the divorce proceedings against Jack Whittaker, [Jewell Whittaker] had a net worth significantly in excess of $10,000,000.00. After the conclusion of the representation of Jewell for her divorce, [Barry Bruce] continued to provide legal services for Jewell, through July of 2020. [Barry Bruce], … in the course of his legal representation and financial consulting, exercised undue influence and took advantage of the relative lack of sophistication regarding all financial and legal matters of the Plaintiff, Jewell, and effectively took control of all financial affairs of the Plaintiff, Jewell, commencing during or prior to 2013.”
The complaint continues on to explain how Robert Bruce was brought into the picture following the divorce.
“[Barry Bruce] introduced his brother, Robert D. Bruce, to [Jewell Whittaker] and encouraged the development of a personal relationship as between his brother, Robert D. Bruce, and the Plaintiff, Jewell. Upon information and belief, when Robert D. Bruce moved to Greenbrier County, West Virginia, he had little or no assets. He had income in the form of Social Security benefits in the amount of approximately $27,000.00 per year or less. Upon information and belief, in 2013 Robert D. Bruce was also receiving funds from a pension.”
The primary complaint from Jewell Bruce deals with lack of clarity and uncertainty about how funds were used — much of the lawsuit’s complaint details information she discovered after firing Barry Bruce as her attorney in 2020 through allegedly incomplete documents and financial disclosures.
According to the complaint, Barry Bruce set up the “Robert D. Bruce and Jewell K. Bruce Family Irrevocable Living Trust” and Jewell Bruce signed off, depositing funds into the account. However, she asserts that the trust has come into complications that Barry Bruce denies.
“Jewell executed the Trust on the legal and financial advice of [Barry Bruce], that doing so was in her best interests. … [Barry Bruce] at no time obtained a federal tax number for the Trust nor did [Barry Bruce] as Trustee ever file a tax return for the Trust. … The “Irrevocable Trust” was set up by Barry Bruce such that the Grantors received income and benefits of the Trust. … [By] failing to obtain a Federal Identification Number and file tax returns for the Trust, [Barry Bruce] effectively legally eliminated any insulation or protection of the assets held by the Trust. … Upon information and belief for Federal and State income tax purposes, the Trust was at all times a disregarded entity, … in no manner provided any tax benefit to the Plaintiff, Jewell, … and provided no legal benefit to the Plaintiff, Jewell, nor served any legitimate purpose. … Jewell was the sole party contributing any assets to the Trust despite the representations on the first paragraph that both she and her spouse, Robert D. Bruce, were Grantors.”
The 19-page complaint references actions around this trust, three sets of property, and the formation of an LLC.
“On October 29, 2013, two weeks after the marriage of [Jewell Bruce] to Robert D. Bruce, at the recommendation and instruction of [Barry Bruce], [Jewell Bruce] purchased residential property in or near Caldwell, West Virginia for the sum of $550,000.00 from [her] funds exclusively. [Barry Bruce] prepared the Deed of conveyance for the purchase of … 41.30 acres on Stonehouse Road near Caldwell, West Virginia from the said Hazel Small. [Despite] the fact that the funds for the purchase of said property came exclusively from the accounts of [Jewell Bruce], [Barry Bruce] prepared the Deed for the conveyance to be made to the [Jewell Whittaker] and Robert D. Bruce, brother to [Barry Bruce] jointly with rights of survivorship. … In September of 2016, [Barry Bruce] prepared a Deed and directed that [Jewell Whittaker] and [Robert Bruce] execute [the] same, conveying the 41.30 acre Stonehouse Road property to the Trust. … On December 29, 2020, without consultation with the Plaintiff, Jewell, [Barry Bruce] prepared a Deed transferring all real property from the Trust to Robert D. Bruce and Jewell K. Bruce as tenants in common. Only after the Deed was recorded and the said Barry Bruce had ‘resigned as Trustee’ did [Barry Bruce] notify the [Jewell Bruce] of this transaction on January 18, 2021, by emailing a copy of the Deed as recorded, without explanation, to her attorney.”
“The Limited Liability Company JKB RDB, LLC was formed by [Barry Bruce] on November 10, 2014, and terminated by [Barry Bruce] on March 2, 2020. [Jewell Bruce] is unaware as to the purpose for [the LLC], what assets [Barry Bruce], transferred into it, what assets were transferred out of it or any other financial information regarding this entity which [Barry Bruce] caused to be formed identifying the Plaintiff, Jewell, as well as her husband, Robert D. Bruce, as members.”
“On January 20, 2015, [Barry Bruce], in his capacity as one of the Trustees of the Jean King Johnson and Robert A. Johnson Family Irrevocable Living Trust … transferred to JKB RDB, LLC … 85 acres and 158 poles of real estate and lot 28 and lots 30 – 46 of the Dixon Blue Heaven Subdivision all located near the Greenbrier County Airport. … On September 25, 2019, without consultation … [Barry Bruce] prepared a Deed and caused the valuable property near the Greenbrier County Airport to be transferred to the Trust. … In April of 2020, without consent, approval or discussion with [Jewell Bruce], [Barry Bruce] prepared a Deed … transferring the valuable property near the Greenbrier County Airport to Bruce Properties, LLC. … On December 21, 2020, [Barry], prepared a Deed … conveying the valuable property near the Greenbrier County Airport to the Trust. … On December 29, 2020, [Barry Bruce] prepared … a Deed conveying [the property] … to Robert D. Bruce and Jewell Bruce as tenants in common. … Upon information and belief, Bruce Properties, LLC is a West Virginia Limited Liability Company organized in November of 2004 and controlled by [Barry Bruce] and/or his spouse. This Limited Liability Company has never operated for the benefit of the Plaintiff, Jewell.”
“None of the real property transfers referenced … were approved by the Plaintiff, Jewell, nor did the Defendant, Barry Bruce, make any effort to explain any of these property transfers to the Plaintiff, Jewell. The transfers described … occurred without the knowledge of [Jewell Whittaker]. … During the course of the operation of the Trust, [Barry Bruce], as Trustee effectively using personal funds of [Jewell] loaned monies to various entities without discussing these loans with [Jewell Bruce].”
Jewell Bruce referenced property she was unable to locate.
“The Plaintiff, Jewell, has no knowledge as to the current whereabouts or potential disposition of more than $1,000,000.00 in precious metal, upon information and belief, in the custody of [Barry Bruce]. … On advice of [Barry Bruce, Jewell Bruce] invested in precious metals which said property was represented by [Barry Bruce] to be in his custody for the benefit of [Jewell Bruce].”
The complaint also noted that Jewell Bruce requested both a prenuptial and postnuptial be prepared by Barry Bruce, but this was not done due to how “quickly” the marriage took place.
The lawsuit asks the court to compel Barry Bruce to “account for all financial activities of the trust from the inception … in October of 2013 through at least December 31, 2020,” to account for all her property and legal fees charged to her, a Guardian Ad Litem for Robert D. Bruce, and potential damages.
In his response, filed on June 15, Barry Bruce both admitted to some uncontested facts, such as his working as her attorney during the divorce, but much of the response consists of the phrase “Barry Bruce denies the allegations contained” in a specific paragraph, going through them one at a time.
Barry Bruce denied the allegations of not acting in Jewell Bruce’s best interest, also admitting to creation of the deeds and LLC.
“Barry Bruce acted in good faith and without malice or intent to cause harm to Jewell Bruce. … Barry Bruce met or exceeded all duties, if any, owed to Jewell Bruce and did not breach any such duties, and, as a result, the Complaint should be dismissed as a matter of law. … To the extent that Jewell Bruce has suffered any damage or loss, which is denied, such damage or loss was the result of, or caused by, Jewell Bruce’s own conduct or omissions.”
A response was also filed by Robert Bruce on June 15, “through his guardian and conservator, Erica Shearing,” counterclaiming damages. According to the response, Robert Bruce himself would not be able to testify to the factuality of any of the statements.
“Defendant Robert D. Bruce suffers from advanced Alzheimer’s Disease and is currently and indefinitely incapable of providing testimony. Therefore, the answers provided herein are the answers of his guardian and conservator on his behalf, who has little to no knowledge of what her father’s testimony would have been regarding most of the allegations. … Defendant admits that Defendant Robert D. Bruce is the spouse of the Plaintiff and currently resides in the State of Texas under the care of Erica Shearing, his guardian and conservator.”
Despite this, the counterclaim takes issue with Jewell Bruce’s handling of Robert Bruce’s medical care.
“Following the revocation of the 2018 power of attorney and execution of the October 26, 2020 power of attorney, Robert Bruce no longer received the necessary care, support and attention that he needed. Jewell Whittaker Bruce placed her husband in a nonskilled residential facility located in rural Mercer County, West Virginia, without informing any of Mr. Bruce’s family members … At the facility into which Robert was placed, he was greatly damaged and injured by the lack of treatment he received. He was purposely kept away from his treating medical providers, including Ohio State University and his cardiologist, Dr. Von Dohlen. He was isolated in this rural assisted living facility and expressly forbidden to have access to his siblings and children, including Erica Shearing. Nor did Jewell Whittaker Bruce visit her husband a single time after placing him into the said facility. Robert Bruce suffered severe physical and emotional damage, trauma, distress, abandonment and isolation due to the actions of Jewell Whittaker Bruce.
The counterclaim also asserts that Jewell Bruce improperly handled the finances of Robert Bruce’s treatment.
“Making matters worse, despite desperately needing advanced medical care and treatment, Robert Bruce was left financially destitute by Jewell Whittaker Bruce. After making herself the AIF for her husband, Defendant Jewell Whittaker Bruce emptied Robert’s bank account into which his social security income had been continuously deposited during the marriage. Nor did Robert Bruce possess the means to care for himself. Robert Bruce’s family has now been forced to bear the financial burden of Robert Bruce’s substantial medical treatment and care expenses, which continue to incur daily. Had Jewell Whittaker Bruce not emptied Mr. Bruce’s social security savings from his bank account, funds would be available to help pay for all or some of Mr. Bruce’s necessary treatment and care expenses. … She sought to enrich herself and/or to minimize the economic impact of Robert’s necessary medical care and treatment by depriving Robert of his necessary medical care and treatment and isolating him from his family. Moreover, she emptied Robert’s bank account and access to finances so that he was left destitute and unable to care for himself – nor to pay for necessary treatment. She abandoned him with none of his personal effects – not even shoes on his feet.”
In the counterclaim, Shearing requested the initial suit be dismissed, “the return of all items of personal property and personal effects wrongfully being withheld from” Robert Bruce, and “that the Court award punitive damages in an amount to be determined by a jury.”
In a response filed on June 24, Jewell Bruce denied the averments, or allegations, listed in the counterclaim, including any failure to provide proper care for Robert Bruce.
“The doctrine that any injury alleged to have been incurred by the Defendant, Robert D. Bruce, occurred as the result of the conduct of others. All other matters as may be ascertained to constitute an avoidance or affirmative defense to the Counterclaim based upon discovery anticipated to be undertaken in this action.”
Since the initial filings, an order denying a guardian ad litem, or a guardian appointed by the court for the duration of the case, for Robert Bruce, was issued by Greenbrier County Circuit Court Judge Robert Richardson.
The case is expected to continue forward, with multiple parties asking for a jury trial to determine damages. Richardson recently approved a scheduling order on July 30, keeping the case moving.
