Attorney Testifies in Trial Over Alleged Embezzlement from Carhartt Heiress’s Trust

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Valade, known as the “Angel of Jazz” for her philanthropic donations to the Detroit Jazz Festival and her $9.5 million donation for jazz studies at Wayne State University, died at age 97 on Dec. 30, 2022. Sutherland was charged about two weeks later.

Sutherland testified that he worked with Valade from 2004 to August 2020, when he was removed as trustee. He said he began working with Valade after being recommended to her and initially discussed the management of the Detroit Jazz Festival, a longtime interest of Valade’s. Sutherland helped her set up nonprofits to manage and operate the festival and assisted with other business ventures, such as establishing the Dirty Dog Jazz Café in Grosse Pointe Farms.

He also drafted the 2009 irrevocable trust at issue in the trial, with Valade appointing him as trustee.

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During cross-examination by Scott Teter of the Michigan Attorney General’s Office, Sutherland had difficulty answering questions about promissory notes for two approximately $7.6 million loans from the trust to himself and his real estate business Byzantine. The notes bore Sutherland’s signature, dated Jan. 1, 2016, and Jan. 1, 2017. Teter questioned whether the signatures were accurate, and Sutherland responded that he didn’t believe the notes were signed on those dates.