A Lexington attorney has agreed to plead guilty to charges of embezzling over $3 million from various victims, including family members. David Smerling, aged 75, is set to plead guilty to a Superseding Information that includes four counts of wire fraud, two counts of money laundering, and one count of aggravated identity theft. Previously indicted in January 2025 for embezzling from a business partner, the new charges reveal further alleged fraudulent activities.
United States Attorney Leah B. Foley commented on the situation: “The alleged multi-million-dollar embezzlement that Mr. Smerling was originally charged with was, unfortunately, just the tip of the iceberg. Today’s charges allege that Mr. Smerling also preyed on a family member with special needs and another with dementia, allegedly stealing money these victims needed for their own care.”
Kimberly Milka, Acting Special Agent in Charge of the FBI Boston Division, expressed concern about the allegations: “For anyone with elderly and vulnerable loved ones, these are frightening allegations.” She added that Smerling "allegedly betrayed the trust of his victims and took full advantage – embezzling from them to line his own pockets while trying to cover up his crimes."
Court documents state that between January 2016 and May 2020, Smerling allegedly misappropriated more than $2.5 million from three Massachusetts companies where he worked as a bookkeeper by transferring funds into accounts he controlled.
Further allegations suggest that between May 2020 and August 2021, Smerling embezzled over $470,000 from a trust meant for a relative with special needs by redirecting funds to personal accounts or those in his wife’s name.
Between May 2023 and April 2025, Smerling is accused of taking more than $150,000 from a relative with dementia by transferring funds from the victim's accounts to his own or using their credit card for personal purchases.
Wire fraud carries potential penalties of up to 20 years in prison and fines up to $250,000 or twice the gross gain or loss. Money laundering charges could result in similar prison terms and fines up to $500,000 or twice the value involved in transactions. Aggravated identity theft requires a mandatory two-year consecutive sentence if convicted alongside other charges.
U.S. Attorney Leah B. Foley and FBI Acting SAC Milka announced these developments today. The case is being prosecuted by Assistant U.S. Attorney Kristen A. Kearney.
All details remain allegations at this stage; Smerling is presumed innocent until proven guilty beyond reasonable doubt.
