“An Astonishing Amount Of Money”

The Illinois Review Board agreed with a Hearing Board’s sanction proposal and has recommended disbarment of an attorney

The Respondent deliberately took, for personal  purposes, over $600,000 from funds he was obligated to hold for the benefit of  others. The Hearing Board found that Respondent intentionally and dishonestly  converted funds from a trust he was representing as an attorney; engaged in a  conflict of interest by representing the trust when the representation  conflicted with his own interests and with the interests of another client;  dishonestly converted funds from another client to repay the trust; and  converted funds he was holding in connection with two unrelated real estate  transactions. Given the seriousness of the misconduct, the Hearing Board  recommended that Respondent be disbarred from the practice of law. Respondent  appeals and argues that his conduct warrants a suspension rather than  disbarment. We disagree. The record clearly demonstrates that Respondent should  be disbarred.

The attorney had sought a lesser sanction but

Respondent’s theft of the funds in the two real  estate transactions alone, conduct the Respondent does not dispute, warrants  disbarment. However, when we consider the totality of the misconduct in this  case, we are left with the firm conviction that the severest of sanctions is  warranted. Respondent converted money in 2001 and 2002, and again in 2010. In  total, he misappropriated an astonishing amount of money–more than $600,000. He  deprived the beneficiaries of the trusts of money that was rightfully theirs. As  found by the Hearing Board, Respondent took the Sanial Trust money in order to  make a quick payment to attempt to cover up his conversion of the Zgonina Trust  funds. He engaged in numerous instances of dishonesty in attempts to cover up  his misconduct.

While Respondent offered some evidence in  mitigation, the evidence does not outweigh the serious misconduct in this  matter. Respondent has not been previously disciplined. He presented character  testimony, including the testimony of two judges, who testified as to his  reputation for honesty. He served on the board of Weber High School for a time  and on the board of Gordon Tech High School from 1998 through 2013. He offered  little explanation, however, as to why he took the money from the trusts or from  the funds he agreed to hold and protect in the real estate transactions. In  addition, he expressed little remorse and had not fully made restitution as of  the date of the hearing.

Given the magnitude of the misconduct in this  matter, we agree with the Hearing Board’s assessment of the sanction and we also  recommend to the Court that Respondent be disbarred.

(Mike Frisch)