Lawyer sentenced for theft from charity resigns from bar

An Indianapolis attorney has resigned from the bar rather than face a disciplinary proceeding a month after he was convicted of felony theft related to the misappropriation of funds from a charity that benefited Riley Children’s Hospital and a related business.

The Indiana Supreme Court in a published order Friday afternoon accepted the immediate resignation of attorney Matthew R. Breeden.

The order says Breeden’s resignation includes an acknowledgement of a disciplinary investigation or proceeding involving misconduct and that he could not successfully defend himself if prosecuted. While the order does not specify the nature of the allegations against him, it comes a little more than a month after he was sentenced following his guilty plea.

Breeden, 42, was sentenced in June to 180 days of probation after he pleaded guilty to a Level 6 felony theft charge. He was accused of converting just less than $43,000 for his own use from DD Foundation, a nonprofit charitable organization founded by David Dusick that raised money for Riley Children’s Hospital. Breeden served as chief financial officer for the foundation and for RaceTrack Engineering of Speedway, which also was owned by Dusick.

Investigators said much of the money was used “in support of a romantic relationship” with a female Indiana State University student. In sentencing Breeden, Marion Superior Magistrate Judge Stanley Kroh found as mitigators that Breeden had no criminal history, was remorseful and admitted his mistakes with apologies and paid restitution in full. This was balanced by aggravating factors including violating a position of trust and orchestrating a scheme that was ongoing for eight months and involved substantial amounts of money.

Per the Supreme Court’s Friday order, acceptance of Breeden’s resignation serves only to remove him from the practice of law and does not relieve any civil or criminal liability for misconduct. Costs of the proceeding are assessed against him.