De Bonis Asportatis

An Illinois Hearing Board proposes a 90-day suspension of an attorney

This matter arises out of the Administrator’s one-count Amended Complaint, filed on January 3, 2014. Respondent represented a client who had a dispute with another regarding the ownership of one lot and personal property located on that lot and on a second lot. Without obtaining court authorization and over the objections of persons listed in recorded deeds as owners of the first lot, Respondent, his client, and others went onto the lots, loaded numerous items of personal property onto semi-trucks, and removed the personal property to another location.

Respondent was charged with engaging in dishonesty and deceit by misleading a law enforcement officer and others into believing that Respondent had a court order allowing him to go onto the real property and remove personal property; knowingly counseling or assisting a client in criminal acts of trespass and theft; making a false statement of material fact, and engaging in conduct prejudicial to the administration of justice.

Findings

The evidence showed that Respondent planned with his client Ronald Hanson to go onto properties located at 357 and 411 Railroad Street in Cameron, with a crew of men and trucks, and remove numerous items of personal property. In fact, Respondent provided Hanson with the name of a person, Doug Reiners, who had the “means and the ability to assist [Hanson] in moving his equipment.” Without obtaining any court authorization, Respondent was present at those properties and assisted Hanson in carrying out the plan on September 26, 2009,

Prior to September 26, 2009, Respondent knew that Dennis Gulseth, who had power of attorney for Thomas Wilson, had recorded a deed in March 2009, identifying Gulseth as the owner of the 357 Railroad Street property. Respondent also knew that Wilson had previously recorded a deed for the 357 property in May 2008. The previous deed showed that Ronald Hanson had conveyed the 357 Railroad Street property to Wilson. Wilson testified that he added the name of Randy Brown to the deed as co-owner. Additionally, Respondent knew that both Gulseth and Wilson objected to Respondent and Hanson being on the 357 Railroad Street property. Furthermore, there was a no trespassing sign posted on the gate of the 357 Railroad Street property, and Respondent knew of that sign.

Despite the fact that there was a recorded deed showing the 357 Railroad Street was owned by someone other than Hanson, Respondent assisted Hanson in carrying out the plan to go onto the 357 Railroad Street property and remove equipment and other items over the objection of the recorded owners and without any court authorization to do so. Based upon the clear and convincing evidence, we find that Respondent and Hanson committed the crime of Criminal Trespass to Real Property, in violation of 720 ILCS 5/21-3.

The clear and convincing evidence also showed that the building on the 357 Railroad Street property was the residence of Wilson, and that both Respondent and Hanson entered into that residence without authority. Thus, we find that both Respondent and Hanson committed the crime of Criminal Trespass to Residence, in violation of 720 ILCS 5/19-4.

The attorney had prior discipline but significant mitigation. The board nonetheless rejected a lesser sanction than suspension. (Mike Frisch)