Probate Fraud Alleged

The U.S. attorney’s office is reviewing allegations of perjury and financial malfeasance made against players in the long-running probate dispute involving former Playboy Playmate Anna Nicole Smith.

U.S. District Judge David O. Carter encouraged federal prosecutors to review the case after he found that the son of J. Howard Marshall, Smith’s late husband, engaged in fraud to cheat Smith out of a share of her husband’s multimillion dollar estate.

In March, Carter awarded the former centerfold nearly $89 million--a decision Marshall’s son, E. Pierce Marshall of Texas, has vowed to appeal.

“The matter was referred to us by Judge Carter, and the matter is currently under consideration,” said Thom Mrozek, spokesman for U.S. attorney’s office in Los Angeles.

Pierce Marshall denies any wrongdoing, said his spokesman, David Margulies. Last year, a Texas probate court ruled that Pierce Marshall did nothing improper and named him sole heir of the Marshall estate, Margulies said.

Carter, in his March 7 federal court ruling, found that Pierce Marshall acted “in concert” with his father’s attorney, Edwin Hunter of Lake Charles, La., to defraud Smith by falsifying documents and by committing perjury.

“Evidence of Pierce’s tortious conduct is legion,” the judge wrote. “Acting in concert with Hunter, they backdated documents, altered documents, destroyed documents, suborned falsified notary statements, presented documents to J. Howard under false pretenses, and committed perjury.”

The judge asked federal prosecutors to determine whether Hunter perjured himself, and the Santa Ana-based judge also encouraged the IRS to take a “closer look” at tax deductions taken on J. Howard Marshall’s behalf. But Margulies said that because the judge’s opinion did not specifically ask the U.S. attorney’s office to review the allegations against Pierce Marshall, there is no reason to believe federal prosecutors will take action against his client.