News

State says Neill 'taking advantage of the system' to minimize restitution payments

Former attorney Sam Neill testifies about his efforts to pay back to the victims of his crimes.

By Amy McCraw, Published: April 30, 2026

Saying he had few options, Special Superior Court Judge Craig Croom on Wednesday entered a civil judgement against disbarred attorney Sam Neill after finding Neill willfully violated the terms of his probation by failing to pay enough restitution to the victims of his crimes.

“What’s the remedy?” Croom, of Wake County, asked attorneys assembled for a hearing in the Henderson County Courthouse to determine whether Neill violated the terms of probation in December 2025 by failing to pay back enough of the $2.8 million he stole from five estates he managed.
No one in the courtroom, including Neill, his attorney or a special prosecutor sent from the state Attorney General’s office, answered the judge’s question.
Croom went on to say he found that Neill was technically in willful violation of the terms of his probation. But his probationary sentence is at its maximum limit and cannot be extended again.
“All I can do is enter a civil judgment,” Croom said.
The civil judgment orders Neill to continue paying back the victims of his crimes.
The judge then said Neill has a moral obligation to continue trying to pay back the money he owes people.
“The victims need to be made whole,” he said.
Neill’s court-appointed attorney, Brooks Kamszik of Buncombe County, told the judge he intended to appeal the civil judgement.
The judge’s decision came after a probation officer in Neill’s case and Neill, 76, testified about his efforts to pay restitution.
Neill testified he sold property he owned to pay some of the money. He said he also pays about half of the $500 he earns each month while working at Biltmore Investments to the victims in the case. Neill works as a consultant and tutors students among other things at the investment company.
A probation officer who testified said pay stubs Neill provided to her confirm he earns about $500 a month from his job.
“I make every effort to do restitution to the victims,” Neill said. “I’m very sorry for what happened. Many assets sold for below market value.”
Neill said he is also continuing to try selling additional property he owns.
“That would be an additional $100,000,” he said.
The money Neill paid in restitution and through his work came to about $1.5 million of the total amount he owes his victims, he said.
In her arguments in the case, Special Deputy Attorney General Ameshia Cooper Chester told the judge Neill’s case was no ordinary probation violation and Neill was no ordinary individual.
She questioned why Neill only earns $500 a month at his job.
“It seems to the state there is a willful attempt to keep that amount low,” she said. “It indicates a fudge of the numbers” to “take advantage of the system and keep these amounts low.”
Neill’s behavior, she said, suggests a willfulness to not fully repay his victims, describing his attitude as, “I’ve done what I can do. It is what it is."
Kamszik told the judge Neill's age and declining health also make paying pack so much money difficult.
“We wish the victims could be made whole. He’s doing everything he can,” Kamszik said.
In a previous court hearing, Neill testified that he suffered from high blood pressure, occasional tremors and bouts of vertigo.
In an interview after the hearing this week, Neill said he tried to sell some land he owns to pay more to his victims and nearly had a deal before his potential buyers backed out after seeing the devastation in the area caused by Hurricane Helene.
He said he hopes to eventually sell the property for $100,000.
“I’ve made every effort humanly possible to make restitution. I’ve paid a million and a half,” he said. “I’ve done everything I know to do.”
A judge in 2024 ordered that Neill find a job to pay back the victims of his embezzlement.
Neill served six years in prison after being convicted in 2013 of stealing from trust funds he managed. He was also ordered in the terms of his probation to pay restitution to the victims of his crimes.