Newsletter
February 2026

This month’s newsletter begins with an update on court action taken against Mr. Leo Govoni, founder of The Center for Special Needs Trust Administration, and additional litigation involving a bank that supports the ongoing efforts to seek accountability and justice for the individuals who were harmed. 

Ben Tiefenback, Counsel and Director of Client Services, has presented at conferences and written articles on the topic of what to consider when evaluating a pooled trust for your client.  The FAQ offers tips on this subject. For your information, CCT has drafted an Overview that documents information about the organization to provide transparency and promote confidence. 

On Valentine’s Day, February 2000 I was hired as Executive Director of a staff of one, me. I had so much to learn.  With growth and change it does my heart good to read the article by Sean Murphy, Esq., Counsel and Director of New Clients, noting his observations after completing his first month at CCT. Jessica Morris highlights the incredible compassion and dedication of our Client Services team who facilitate life-changing moments. The people and their stories remind me of why CCT’s mission has mattered for decades and will continue to matter for decades to come. 

We are delighted by the number of people who open and read the Newsletter. We endeavor to provide quality and informative material that will assist you. We invite you to contact us and suggest articles and information for future newsletters. 

Thank you for your support and interest, and we are here to answer questions and to offer assistance. 

With gratitude for the opportunity to serve our clients and the trust you have in us,

Joanne Marcus, MSW 
President & CEO

jmarcus@trustCCT.org | 804-740-6930

Our staff are available to answer questions and provide support.

Update on the Centers

Bank Sued for not Protecting Trust Funds from Indicted Clearwater Entrepreneur

Many of you are aware of the ongoing court actions related to Leo Govoni and the Center for Special Needs Trust Administration. To summarize, Mr. Govoni founded the Center as a non-profit to administer special needs trusts, and over the course of several decades misappropriated over $120 million from its beneficiaries – members of the special needs community.

Mr. Govoni has been found liable for this misappropriation, and a federal criminal case against him and one associate (so far) is ongoing, in addition to a class action civil case and other related actions, as the individuals who were harmed by his actions and their loved ones seek to recuperate stolen funds.

Accordingly, the trustee in bankruptcy for the Center has filed a lawsuit against the bank that Mr. Govoni had used in his dealings.

In essence, the trustee’s suit alleges that American Momentum Bank failed to enforce banking regulations against Mr. Govoni, thereby enabling his misdeeds. They allegedly failed to exercise effective oversight, ignored numerous red flags on fiduciary trust accounts, allowed unauthorized transfers (including large wires and loans to Govoni-affiliated entities like Boston Finance Group), and otherwise facilitated a years-long scheme. The suit, brought on behalf of thousands of affected beneficiaries, seeks compensatory and punitive damages to help recover losses for the victims.

Stay tuned for updates on the criminal trial (scheduled for the June 2026 term) and bankruptcy recovery efforts. If you represent affected clients or have questions about pooled trust alternatives or tips on evaluating pooled trusts, feel free to contact us at 804-740-6930 or contact@trustCCT.org.

Stepping Into Purpose, Reflections From My First Month at CCT

by Sean Murphy, Esq. Counsel & Director of New Clients

I have spent the last 25 years in the courtroom, the boardroom, and the classroom; trying over 100 cases in front of judges and juries throughout Virginia, arguing matters in front of the Virginia Supreme Court, drafting contracts and negotiating deals, guiding businesses through risk management and taking students through complex legal concepts. But it takes stepping into a new environment to remind you why the law matters in the first place. 

First, not surprisingly, the people at the heart of CCT are extraordinary. Their determination, humor, and unique personalities are inspiring to me as their in-house counsel, in how they support and care for the beneficiaries of our special needs’ trusts. 

Over the last month, daily, I am presented with legal issues, from compliance to risk management, that need to be resolved quickly so that our continued service to the beneficiaries is concise, compassionate, and helpful. I am reminded that the work I do as a lawyer, along with my co in-house counsel, the exceptional Ben Tiefenback, is not really about documents or legal arguments; it is about relationships and the pride in who you can assist.

One day in particular brought this lesson home. After reviewing a trust disbursement request for a “wedding planner fee” for a Beneficiary with a well-funded settlement preservation trust account, the committee decision was made to approve the request.  Then, to my surprise, the meeting took a joyous turn as the staff shared with me how happy they were for this client, who had shown all of them, and now me, the power of resilience. Although she had been dealt a tragic blow in life, she had used her own powerful courage and the funds in her trust to start the planning for a day of celebration. I, along with everyone at CCT, can’t wait to hear about the next steps on her journey.    

These insights are not coming from cases or contracts, but from learning and appreciating the humanity behind the work that CCT is fortunate to do each day. 

Our Client Services Staff Who Sets Us Apart

Written by 

Jessica Morris, LCSW 

Client Services Manager 

The Client Services Coordinator (CSC) plays a crucial role at Commonwealth Community Trust (CCT). In addition to processing all disbursement requests, responsibilities include engaging in probing or sensitive conversations with advocates, and, sometimes, sharing that a request has been denied. CSCs must have a customer services mindset, be good communicators, express genuine empathy for the client's circumstances, advocate for immediate needs while being conscious of the life of the trust. These traits achieve satisfaction through service. 

His Medicaid had covered a standard wheelchair but, while important, this piece of equipment was not functional in a camping environment. Having funds to purchase the stroller made the trip more fulfilling for our beneficiary, exposing him to opportunities he may otherwise have missed. Since that time, the family has also used the trust to purchase an adaptive bicycle and music therapy sessions. 

In another instance, a 35-year-old woman living with severe mental illness has accessed her trust to ensure a safe living environment. The Beneficiary had been without stable housing for an extended period, with frequent psychiatric hospital stays and resistance to accepting help. With her CSC's coordination with the hospital social worker, our beneficiary was discharged to a supervised therapeutic group home. While her insurance does not cover this expense, use of trust funds is allowing her to flourish in this new environment, benefiting from the level of support she is receiving there. 

Assisting beneficiaries with increasing access to their communities, expanding experiences through therapies and support services, and receiving needed treatment or equipment, is what our Client Services team is all about. 

"I also want to thank you guys for all the help you have provided over the years. As a mom, I just want him to be able to have a portion of what other kids get to have. We are forever grateful that you guys exist to help families like ours.  I really appreciate everything you have personally done for my family." 

Anne W. - Mother of Beneficiary. 

FAQ

Question: What should I be looking out for when recommending a Pooled Special Needs Trust (PSNT) or trusts to my clients? 

Answer: CCT’s counsel and leadership team have written and presented numerous times on this topic, both to attorneys and settlement planners, and also to other PSNTs who are seeking to improve their practices. We have boiled down the primary items we recommend for quickly vetting a PSNT into the following: 

PSNT Quick Vetting Checklist

Board of Directors: 

• How many members? (Look for 10+.) 
• Do they have relevant expertise? Look for trust & estate, elder law, special needs, or personal injury attorneys, CPAs, investment advisors, and individuals with special needs or who have a family member with special needs. 

Transparency:

• Are their trust documents and fee schedules available on their website? 
• Do they disclose their investment advisor, relationship, and investment policy statement preferably on their website? 
• Do they disclose their remainder policy? 

Audit: 

• Do they have an annual financial audit? 
• Have they had audits of their internal procedures and IT? 

An active, independent, and experienced Board of Directors is necessary to provide oversight to a PSNT. A radical commitment to transparency, including by making important information easily accessible via their website, is also critical – you do not want your clients to be kept in the dark about information critical to their trusts! And regular independent audits also help ensure that bad practices (or bad actors) are identified and corrected. 

If you'd like to learn more about about evaluating pooled trusts, check out Ben Tiefenback's article Evaluating Pooled Trusts in 2024, published in NAELA News. You can also arrange a presentation on the topic for your organization by reaching out to Liz Reid at 804-476-2116 or email LReid@trustCCT.org. 

Conferences & Presentations

February

February 5, 2026 | West Virginia Charleston Estate Planning Council – Presentation by Kaylan Hood - Basics of Pooled Special Needs Trusts

February 5-6, 2026 | West Virginia Association for Justice – Mid-Winter Convention

February 6, 2026 | Arkansas Bar Association – NW Winter Conference - CLE Presentation by Thomas Smith, Esq. – Basics of Pooled Special Needs Trusts

February 9, 2026 | WilliamsFord Personal Injury Law – Webinar – Presentation by Ben Tiefenback, Esq. – Personal Injury Settlements for Clients with Disabilities and Preserving Means-Tested Government Benefits

February 11, 2026 | Fairfax Bar Association – Presentation by Rachel Baer, Esq. and Lamya Moosa, Esq. – Managing Disbursement Challenges in Trust Administration: Fiduciary Responsibilities, and Legal Considerations

February 12, 2026 | The Greater Longview Estate Planning Council – Webinar – Presentation by Ben Tiefenback, Esq. – Managing Disbursement Challenges in Trust Administration: Fiduciary Responsibilities, and Legal Considerations

February 22-24, 2026 | Society of Settlement Planners – Annual Conference  

March

March 3, 2026 | Iowa Association for Justice – IAJ Personal Injury Seminar – Virtual Presentation by Ben Tiefenback, Esq. – Personal Injury Settlements for Clients with Disabilities and Preserving Means-Tested Government Benefits

March 5-6, 2026 | Virginia Academy of Elder Law Attorneys – VAELA UnProgram

March 5-7, 2026 | Nevada Justice Association – Embrace Your Inner Bad-Ass Seminar

March 10, 2026 | Virginia Law Foundation – Webinar - Replay of Virtual Presentation by Benjamin Tiefenback, Esq. – Protecting Vulnerable Plaintiffs

March 19-21, 2026 | Virginia Trial Lawyers Association – Annual Convention

March 26-28, 2026 | Special Needs Alliance – SNA Spring Meeting

April

April 15, 2026 | Salt Lake Estate Planning Council – April Luncheon - Presentation by Benjamin Tiefenback, Esq. – Using Pooled Trusts as a Safety Net When Drafting Estate Plans

April 23 - 26, 2026 | Society of Women Trial Lawyers – Annual Meeting

April 29 - May 1, 2026 | Academy of Special Needs Planners ASNP National Conference

(Click the Image to Watch the Video)

Our staff are available to answer questions and provide support.