SPRING HILL — A man who failed to deliver the $800,000 estate of a retired Metro firefighter to the Tennessee Children’s Home in Spring Hill was sentenced Thursday to 15 years in prison.
Daryl Bornstein, formerly of Spring Hill, pleaded guilty to two counts of felony theft over $60,000.
Bornstein’s wife, Janalyn, pleaded no contest to two counts of felony theft of $1,000 to $10,000. She was sentenced to three years of supervised probation and is required to perform 360 hours of community service at a charitable organization that provides services for at-risk children.
Bornstein was convicted of stealing from the estate of Raymond Simmons of Hermitage, who died in 2006.
“Mr. Simmons and his wife lived modestly; he had saved his money and accumulated an estate worth a little more than $800,000,” said state prosecutor Jim Milam.
In 2002 Simmons, who had grown up in Spring Hill, made the Tennessee Children’s Home the sole beneficiary of the bulk of his estate. He wanted to do something to benefit children because Raymond and his wife never had children, Simmons’ nephew, Joey Simmons, said in court.
Bornstein was an insurance agent for Simmons’ mother in the 1990s. After Simmons’ mother died, he became friends with Bornstein and eventually named him executor to his will.
Between Simmons’ death on May 4, 2006 and May 30, 2006, when the will was filed for probate, Bornstein transferred $250,000 from Simmons’ trust account to buy promissory notes in Hannover Corp., an entity Bornstein worked for that later became defunct after falling into bankruptcy, according to an investigation by the Davidson County District Attorney’s office and the State Attorney General’s office.
In 2010, when the children’s home still had not received any money from the estate, the Probate Court ordered Bornstein to deliver the assets, revealing that only about $50,000 remained. Bornstein had transferred the remaining funds into his own accounts, and his family’s bank accounts, including writing checks over $1,000 to his wife, who deposited them into the family account.
Bornstein is scheduled to report Feb. 11 to start serving his sentence. The outcome of the remaining $50,000 in the estate will be decided by Probate Court.
Former Spring Hill man gets 15 years for spending Children’s Home money
January 24, 2013