Lexington Attorney Indicted on Charges of Embezzling at Least $2.5 Million From Companies

Published Nov. 6, 2026. Case status is current as of that date.

Companies sometimes let a trusted lawyer keep the books. On Jan. 30, 2025, the U.S. Attorney's Office for the District of Massachusetts announced that David Smerling, 74, of Lexington, an attorney working as a bookkeeper for three Massachusetts companies, had been indicted on three counts of wire fraud and two counts of money laundering for allegedly embezzling at least $2.5 million [1].

Important: An indictment is a charge, not a conviction. The U.S. Attorney's Office states that the details are allegations and that the defendant is presumed innocent [1]. He was previously charged by complaint on Jan. 13, 2025, and arrested [2].

What the indictment alleges

According to the indictment as summarized by prosecutors [1]:

1. Between January 2016 and May 2020, Smerling embezzled more than $2.5 million by transferring funds to accounts he controlled, sometimes through an intermediary account owned by a victim.
2. He allegedly concealed the scheme by changing the mailing address on victims' bank statements to his home address and refusing to share online banking passwords.

Each wire fraud and money laundering count carries a statutory maximum of up to 20 years if convicted [1].

The person charged

David Smerling, 74, Lexington, Mass. Attorney. Indicted on three counts of wire fraud and two counts of money laundering; presumed innocent [1].

Red flags when a lawyer keeps your books

These are general warning signs.

• Bank statements mailed to the bookkeeper's home instead of yours.
• Refusal to share online banking access or monthly reconciliations.

What to do

• Monitor accounts independently; rotate bookkeepers; report theft to the FBI at ic3.gov.

Case status (as of Nov. 6, 2026)

Defendant	Court	Status	Source
David Smerling, 74, Lexington, Mass.	U.S. District Court, D. Mass. (docket not stated)	Indicted Jan. 30, 2025 (3 wire fraud, 2 money laundering); previously charged by complaint Jan. 13, 2025; presumed innocent	[1], [2]

An indictment is not a conviction. Statuses can change.

Sources

1. U.S. Attorney's Office, District of Massachusetts, "Lexington Attorney Indicted for Embezzling at Least $2.5 Million," Jan. 30, 2025. https://www.justice.gov/usao-ma/pr/lexington-attorney-indicted-embezzling-least-25-million
2. U.S. Attorney's Office, District of Massachusetts, "Lexington Attorney Arrested and Charged for Allegedly Embezzling at Least $2.5 Million," Jan. 15, 2025. https://www.justice.gov/usao-ma/pr/lexington-attorney-arrested-and-charged-allegedly-embezzling-least-25-million