ELECTRONICALLY FILED - 2021 Sep 27 10:06 AM - HAMPTON - COMMON PLEAS - CASE#2021CP2500298

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

) FOR THE FOURTEENTH JUDICIAL CIRCUIT
COUNTY OF HAMPTON ) CIVIL ACTION NO.: 2021-CP-25-00298

Michael “Tony” Satterfield and Brian )

Harriott, )
)
Plaintiffs, )
) PRIORITY MATTER WITH
vs. ) ORAL ARGUMENT AND TESTIMONY
) UNDER OATH REQUESTED
Richard Alexander “Alex” Murdaugh, )
Chad Westendorf, Palmetto State Bank, )
Corey Fleming, and Moss, Kuhn & )
Fleming, P.A., )
)
Defendants. )

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

) CIVIL ACTION NUMBER: 2018-CP-25-0505
COUNTY OF HAMPTON )

Chad Westendorf, as Personal )

Representative of the Estate of Gloria )
Satterfield, )
)
Plaintiff, )
)
v. )
)
Richard A. Murdaugh, )
)
Defendant. )

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

)
COUNTY OF HAMPTON ) Docket Number:

In RE: Gloria Satterfield, )

)

Notice of Motion and Motion for

Civil Detention Pursuant to S.C. Code Ann. §15-17-20

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PLEASE TAKE NOTICE that Michael “Tony” Satterfield (“Tony”) and Brian Harriott

(“Brian”), by and through their undersigned counsel, hereby move before the Honorable Carmen

Mullen and/or such other Judge as may be assigned to hear this matter, for an Order requiring the

arrest and detention of Defendant Richard Alexander “Alex” Murdaugh in accordance with South

Carolina Code Section 15-17-20 1, until such time as the Defendant returns to the Petitioners the

property that he has fraudulently embezzled from them. THIS IS A PRIORITY MATTER AND

ORAL ARGUMENT AND TESTIMONY UNDER OATH IS REQUESTED. This motion is

based upon the following grounds, as well as upon such additional testimony, evidence and/or

argument as may be offered at the time of hearing:

1. Gloria Satterfield died on February 26, 2018, following a fall in the home of Alex

Murdaugh (“Murdaugh”).

2. After Gloria’s funeral, Murdaugh told the Satterfield family, and specifically

Gloria’s sons, Tony and Brian, that Gloria’s fall was his fault and that he would take Gloria’s sons

to an attorney for the purpose of making a legal claim against Murdaugh.

3. Gloria Satterfield had worked in the Murdaugh family home for over twenty (20)

years.

4. Gloria Satterfield and her family viewed themselves as an extension of the

Murdaugh family.

5. Tony and Brian trusted Murdaugh – and had no reason not to trust Murdaugh.

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§ 15-17-20. ARREST IN CIVIL ACTIONS PERMITTED IN CERTAIN CASES.
The defendant may be arrested, as prescribed in this article, in the following cases:
(1) In an action for money received or property embezzled or fraudulently misapplied by a public officer, an
attorney, solicitor or counsellor, an officer or agent of a corporation or banking association in the course of
his employment as such or a factor, agent, broker or other person in a fiduciary capacity or in an action for
any misconduct or neglect in office or in a professional employment;

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6. Murdaugh introduced Tony and Brian to attorney Corey Fleming (“Fleming”),

whose job it would be to bring a claim against Murdaugh.

7. Murdaugh did not tell Tony and Brian that Fleming was Murdaugh’s former college

roommate, had previously worked with Fleming when he was a young attorney and/or that he was

the godfather of Murdaugh’s son, Paul.

8. Fleming was thereafter engaged for the purpose of representing the Estate of Gloria

Satterfield in making civil claims against Murdaugh.

9. Tony and Brian are the sole heirs of Gloria Satterfield and were to be the sole

beneficiaries of any proceeds of her Estate.

10. Tony was originally appointed to be the Personal Representative of the Estate of

Gloria Satterfield as was his statutory right. Brian had equal right to serve as Personal

Representative, but renounced his right to serve in favor of his brother, Tony.

11. By law, only the Personal Representative of an Estate in South Carolina has

standing to pursue wrongful death and/or survival claims.

12. In the fall of 2018, Fleming advised Tony and Brian that they would be better served

if Tony ceased his role as Personal Representative of his mother’s Estate and if that role were

entrusted to the Vice President of Palmetto State Bank, Chad Westendorf (“Westendorf”), as there

would be “business issues” arising that were beyond Tony’s experience.

13. Tony and Brian trusted Fleming and agreed to renounce their right to serve as

Personal Representative in favor of Westendorf.

14. At the time, Tony was not told of any meaningful developments in connection with

the claim, nor was Tony told of any settlement discussions let alone a settlement being reached.

15. Tony and Brian trusted Westendorf and Palmetto State Bank.

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16. On December 18, 2018, Westendorf was appointed by the Hampton County Probate

Court as the Personal Representative of the Estate of Gloria Satterfield and Tony was replaced.

17. One day later, on December 19, 2018, Fleming filed a Petition to Approved

Settlement in a matter captioned as Chad Westendorf, As Personal Representative of the Estate of

Gloria Satterfield, Plaintiff, v. Richard A. Murdaugh, Defendant, Action Number 2018-CP-25-

0505 (hereinafter the “Filed Petition” attached hereto as Exhibit A) 2.

18. In the Filed Petition, Fleming and Westendorf sought court permission to access a

“partial” settlement of the claims against Murdaugh in the sum of $505,000.00, while reserving

the right to pursue “additional insurance coverage that is applicable to this matter.”

19. Given that Westendorf was appointed on December 18 and the Filed Petition was

filed on December 19, it is reasonable to deduce that the “partial” settlement was achieved PRIOR

to Westendorf’s appointment and that the Filed Petition was held until AFTER his appointment.

20. Neither Tony, nor Brian, were told anything about the partial settlement.

21. Rather than ask the Court to hear the Filed Petition, Fleming did in fact continue to

pursue additional insurance policies, and through a mediation in March, 2019, was able to secure

an additional settlement in the amount of $3,800,000.00.

22. As neither Tony, nor Brian, served as the Personal Representative of his mother’s

estate, Tony, they did not participate in the mediation and were not informed of the final settlement.

23. All wrongful death settlements in South Carolina are contingent upon Court

approval.

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In this entire sordid matter, this is the only filing with the court in connection with Gloria’s death other than a curious
dismissal that was filed in October 2020 which was signed by Fleming and Murdaugh. Additionally, this is the only
caption and court term that any settlement reached in connection with Gloria’s death could be used for a request of
the court to approve any settlements.
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24. No wrongful death settlement in South Carolina may be achieved without Court

approval.

25. As a result, parties to a wrongful death settlement agree conditionally to the terms

of settlement and thereafter petition the Court for permission to allow the Personal Representative

to accept the settlement.

26. In connection with the mediated settlement in this case, Westendorf conditionally

signed a Release on April 11, 2019, wherein it was agreed that the settlement payments would be

paid directly to Westerndorf. See Exhibit B attached hereto.

27. Upon information and belief, Fleming then prepared a new petition which he did

not file under the caption “In RE: Gloria Satterfield.” (hereinafter the “Unfiled Petition” a copy

of which is attached hereto as Exhibit C). 3

28. Further, the new petition did not have a case number assigned to it.

29. Neither Tony nor Brian were told anything about the settlements or the Unfiled

Petition.

30. While court orders are required to settle wrongful death claims in South Carolina,

it is not unusual that the attorneys involved in such cases call the clerks of the resident Judges to

coordinate convenient times to hear such matters.

31. Likewise, it is not uncommon that Judges entertain such requests either on formal

court record, in chambers or even remotely as an accommodation to the attorneys and to the

families of those who have lost a loved one.

32. These matters are routinely handled as a matter of mutual trust and respect between

the bench and the members the bar.

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Upon information and belief Murdaugh requested that the attorneys take his name off the caption because he had
just been sued by the estate of Mallory Beach a couple months before and he didn’t want the Plaintiff’s counsel in that
case to know the insurance carriers that Murdaugh had.
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33. By whatever means the hearing is conducted, however, it is required that the matter

be made a part of the public record through the filing of a petition and the entry of an order granting

the petition.

34. Upon information and belief, Fleming’s office contacted Judge Mullen’s office to

report that a death settlement had been achieved and to request an in-chambers hearing to approve

the settlement.

35. Upon information and belief, Judge Mullen knew Fleming, knew Murdaugh, knew

their law firms, knew the defense attorneys who represented Murdaugh for his primary and excess

insurance policies and knew that they all enjoyed reputations (at least at that time) as excellent and

ethical lawyers.

36. Upon information and belief, Judge Mullen trusted the lawyers who were to appear

before her and had no reason not to trust them.

37. Upon information and belief, an in-chambers settlement hearing was held before

the Honorable Carmen Mullen on May 13, 2019.

38. Upon information and belief, present at the hearing were Fleming, Westendorf,

Murdaugh and the attorneys representing Murdaugh and/or his insurance carriers.

39. Tony was not present, was not told and was not invited.

40. Brian was not present, was not told and was not invited.

41. Upon information and belief, Judge Mullen was presented with the Unfiled Petition

for her consideration.

42. Upon information belief, Judge Mullen was not told material facts about the

proposed settlement and/or the Estate and was misled to believe that the beneficiaries of the Estate

were fully informed.

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43. In addition to the Unfiled Petition, Judge Mullen was presented with a “Settlement

Statement” and a Distribution Sheet, indicating the exact sums recovered and the sources of

recovery. More importantly, the Settlement Statement indicated exactly how the proceeds were to

be distributed, including a distribution of “$2,765,000.00” to the “Beneficiaries.”

44. Upon information and belief, on May 13, 2019, Judge Mullen was presented with

a proposed Order Approving Settlement for her consideration (“Order” a copy of which is attached

hereto as Exhibit D).

45. Upon information and belief, Judge Mullen trusted that the attorneys who

assembled before her would distribute the funds in accordance with the Distribution Sheet that she

was presented with and approved. 4

46. Upon information and believe, Judge Mullen’s trust was informed in part by the

South Carolina Rules of Professional Conduct which impose upon attorneys an absolute duty of

candor to the Court.

47. Upon information and belief, Judge Mullen was misled by:

a. Failing to advise Judge Mullen of the pending Filed Petition for $505,000.00;

b. Representing to Judge Mullen that the beneficiaries of the Estate of Gloria

Satterfield were fully informed as to the terms of the settlements;

c. Representing to Judge Mullen that after the in-chambers hearing, the attorneys

would ensure that the Unfiled Petition and Order were filed of record.

d. Representing that the settlement funds would be paid directly to Westerndorf

as the Personal Representative, and thereafter to the Beneficiaries.

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At a later time, the undersigned will be questioning the $105,000.00 of “prosecution expenses” that were not properly
itemized and the failure to seek Court approval of a personal representative fee.

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48. Upon information and belief, Judge Mullen signed the Order and gave the original

Unfiled Petition and Order to the attorneys for the purpose of filing it in the court docket.

49. The Order approved “payment of the amounts set forth” in the Unfiled Petition and

on the Settlement Statement and allocated $50,000.00 to the survival claim, with the remaining

amount being the wrongful death settlement amount. 5

50. The Order did not approve any other payments.

51. Having received the Order, the authority under the Order was limited to making the

payments exactly as set forth in the Settlement Statement without deviation. If there were to be

any deviation, an additional modified court order would have been required.

52. Upon information and belief, and in direct contravention of the Order, payments

were not made as set forth in the Petition and Settlement Statement.

53. The Beneficiaries were not paid the sum of $2,765,000.00.

54. The Beneficiaries were not paid a dime.

55. Upon information and belief, Murdaugh set up a bank account using the name

“Forge” for the purpose of creating the illusion that it was actually the structured settlement firm

known as Forge Consulting, LLC out of Atlanta, Georgia.

56. Upon information and belief, the Murdaugh “Forge” account was owned and

controlled exclusively by Murdaugh.

57. Upon information and belief, Murdaugh instructed Fleming to issue the check for

$2,765,000.00 that was otherwise to be paid to Tony and Brian as the beneficiaries of Gloria

Satterfield to “Forge” instead.

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It was the duty of Westerndorf, an officer of the Probate Court not only to secure all of the settlement funds, but also
to ensure that the $50,000.00 survival claim was paid into the Probate Court into the estate.
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58. Upon information and belief, Fleming thereafter issued a check to the Murdaugh

“Forge” account in the amount of $2,765,000.00.

59. Through this deception, Murdaugh was able to embezzle and/or fraudulently

misapply the funds that were intended to be paid to Tony and Brian.

60. The present action is in part to recover money that was embezzled or fraudulently

misapplied by Murdaugh.

61. The Petitioners herein are entitled to and petition for an order in accordance with

South Carolina Code Section 15-17-20, directing the arrest and detention of Murdaugh and/or to

require Murdaugh post such bond as may be necessary to protect the Petitioners and to facilitate a

return of their property and/or settlement funds.

62. The Plaintiff requests a public evidentiary hearing into these matters with all

parties, including the defense attorneys in the underlying matter, to appear in court to be

placed under oath for examination.

WHEREFORE, the Plaintiff requests the relief requested herein, along with costs and

attorney’s fees to be awarded as the Court deems just and proper.

Columbia, South Carolina BLAND RICHTER, LLP

September 27 2021 Attorneys for Plaintiffs

s/Eric S. Bland
Eric S. Bland (SC Bar No. 64132)
1500 Calhoun Street
Post Office Box 72
Columbia, South Carolina 29202
Telephone 803.256.9664
Facsimile 803.256.3056
ericbland@blandrichter.com

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s/Ronald L. Richter, Jr.
Ronald L. Richter, Jr. (SC Bar No. 66377)
s/Scott M. Mongillo
Scott M. Mongillo (SC Bar No. 16574)
Peoples Building
18 Broad Street, Mezzanine
Charleston, South Carolina 29401
Telephone 843.573.9900
Facsimile 843.573.0200
ronnie@blandrichter.com
scott@blandrichter.com

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