Former Bethalto Attorney Faces Federal Fraud Charges

EAST ST. LOUIS — A former Bethalto attorney appeared in federal court Wednesday, Sept. 9, 2026, on 15 federal charges alleging he stole more than $400,000 from bank accounts belonging to minors he had been appointed to represent in Madison County.

David K. Elliott, 41, was indicted by a federal grand jury Aug. 18, 2026, on bank and mail fraud charges related to his appointments as guardian ad litem for four minors. The indictment alleges Elliott used fraudulent court orders to withdraw settlement funds from the minors’ accounts for his own benefit.

Elliott was licensed to practice law in Illinois and had his primary practice in Bethalto, in Madison County, according to the indictment. In 2016, he was appointed by the Circuit Court of Madison County to serve as guardian ad litem for three minor children in connection with a pending lawsuit brought on behalf of their deceased mother. In 2017, he was appointed to represent another minor in connection with a pending lawsuit brought on behalf of the minor’s deceased father.

According to the indictment, lawyers appointed as guardians ad litem in such cases owe a duty to act in the best interest of the minors and to make reports and recommendations to the court on proposed settlements. In that role, they open bank accounts in the minors’ names and serve as custodians over those accounts until the minors turn 18. The indictment says lawyers serving as guardians ad litem are paid before settlement funds are disbursed and are not permitted to withdraw funds from a minor’s account without a special court order.

The indictment alleges Elliott opened bank accounts for the minors and deposited settlement funds into them for the minors’ benefit. From May 2019 to October 2022, he allegedly withdrew more than $400,000 from the accounts and used the money for himself.

Prosecutors allege Elliott obtained the funds by giving the bank fraudulent court orders that appeared to have been filed in Madison County Circuit Court and entered by the judge presiding over the underlying lawsuit.

Elliott is also accused of executing a scheme to conceal the alleged embezzlement from the minors and their families. According to the indictment, when the first of the children approached age 18, Elliott withdrew money from two of the minors’ accounts and deposited those funds into another account to conceal the alleged embezzlement.

The indictment further alleges Elliott told one minor they could not access the money in their account until they turned 21. In support of that false information, prosecutors said, Elliott mailed the minor a fraudulent court order that appeared to have been entered in Madison County Circuit Court.

According to the indictment, two of the minors never received any of their settlement funds, and another received only a small portion.

“The indictment charges that a lawyer appointed to protect minor children took more than $400,000 from their accounts and used fake court orders to do it,” said U.S. Attorney Steven D. Weinhoeft. “Conduct of that kind, if proved, cannot be tolerated.”

Trial is set for Nov. 9, 2026, at the Benton Courthouse before Chief Judge Staci M. Yandle.

Bank fraud convictions carry a maximum penalty of 30 years in prison and fines of not more than $1 million. Mail fraud carries a maximum penalty of 20 years in prison and fines of not more than $250,000.

FBI Springfield is investigating the case. Assistant U.S. Attorney Zoe Gross is prosecuting it.

"An indictment is merely a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury."