EAST ST. LOUIS, ILL. — This is an official press release from the U.S. Department of Justice (Federal Bureau of Investigation (FBI)), published as received.
EAST ST. LOUIS, Ill. – Yesterday, an attorney who practiced in Bethalto appeared in federal court to face 15 federal charges for bank and mail fraud related to his guardian ad litem appointment for four minors in Madison County.
David K. Elliott, 41, was indicted by a federal grand jury on August 18, 2026. The indictment alleges that Elliott was a lawyer licensed to practice law in the state of Illinois, with his primary practice in Bethalto, Madison County. In 2016, Elliott was appointed by the Circuit Court of Madsion County, Illinois to serve as the guardian ad litem for three minor children in connection to a pending lawsuit brought on behalf of their deceased mother. In 2017, Elliott 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 by a court to act as a guardian ad litem in these 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 this role, guardian ad litem open bank accounts in the name of the minors and serve as the custodian over those accounts until the minor turns 18. Lawyers serving as guardian ad litem are paid for their services prior to the disbursement of settlement funds and are not permitted to withdraw funds from a minor’s account without special order from the court.
The indictment alleges that during his guardian ad litem appointments for these minor children, Elliott opened bank accounts for the minors and deposited settlement funds into the accounts for the benefits of the minors. Thereafter, from May 2019 to October 2022, Elliott fraudulently withdrew more than $400,000 from the minors’ bank accounts and used those funds for his own benefit. To obtain the funds from the minors’ accounts, Elliott provided the bank with fraudulent court orders that appeared to have been filed in the Madison County Circuit Court and entered by the judge presiding over the underlying lawsuit.
Elliott is also accused of executing a scheme to cover up his embezzlement from the minors and their families. According to the indictment, when the first of the minor children approached the age of 18, Elliott withdrew money from two of the minors’ accounts and deposited those funds into the other account to conceal his embezzlement from the minors. Elliott further told one of the minors that they could not access the money in their account until they turned 21. In support of this false information, Elliott mailed the minor a fraudulent court order that appeared to have been entered in the Madison County Circuit Court. According to the indictment, two of the minors never received any of their respective settlement funds. Another only received a small portion of their settlement funds.
“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 November 9, 2026 in the Benton Courthouse before Chief Judge Staci M. Yandle.
Bank fraud convictions carry a maximum penalty of 30 years’ imprisonment and fines not more than $1,000,000. Mail fraud carries a maximum penalty of 20 years’ imprisonment and fines not more than $250,000.
"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."
FBI Springfield is investigating this case. Assistant U.S. Attorney Zoe Gross is prosecuting the case.
