Former attorney, Gary William Nielsen, 68, of Park City, was sentenced Monday by Judge Todd Shaughnessy for second-degree felony for communication fraud, to one to 15 years in the Utah State Prison. Shaughnessy suspended the prison term in favor of probation so Nielsen could repay his victims.

On Dec. 2, 2008, Nielsen borrowed $150,000 from a former client, using as collateral his office furnishings, fixtures, equipment and art, guaranteeing the property was worth over $250,000, according to court documents.

In April 2010, Nielsen declared bankruptcy and the victim discovered Nielsen did not own the furniture but it was instead leased and returned to the leaseholder. Nielsen then admitted he did not own the furniture and the collateral was worth far less than the loan amount.

Nielsen was previously convicted of a second-degree felony for a $350,000 theft from a client. The victim had place $560,000 into a trust account held by Nielsen. Instead of holding money for his client, Nielsen used it to go on vacation, pay salaries and manage his law firm.

"The former victim was there at the sentencing because if Gary Nielsen went to prison then she would obviously not get any restitution," Summit County Attorney David Brickey said.

Nielsen was ordered to pay the remaining $110,000 he owes the second victim and continue paying the first victim her restitution amount.

Third-degree felony DUI

Jenny Lee Dudleston, 53, of Park City, was sentenced Monday after being convicted of third degree felony DUI, which carries a mandatory sentence of 63 days in jail.


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Dudleston is a long time Summit County resident with a DUI record, Brickey said. "She's had more than three DUIs, which is why it was a felony."

But since her arrest, Dudleston has reportedly made efforts to get therapy to rectify her drinking problem, Brickey said. "I think Judge Todd Shaughnessy's sentence reflects that. He recognized she was getting therapy."