Court Suspends Attorney Who Blamed Mother For Misconduct

The Illinois Supreme Court adopted the three-year suspension recommendation of its Review Board in a matter described in the Board’s report

Respondent was licensed in 2003 when he was 50 years old. He has been a sole practitioner with a general practice in Carpentersville, Illinois. He is also a Certified Public Accountant.

In a five count Complaint, the Administrator charged Respondent with misconduct arising out his representation of clients who planned to open and operate a nightclub in Florida called Dixie Roadhouse (Counts I-IV) and of an individual in the purchase Shell gas station (Count V). In both client matters, the Administrator charged Respondent with misappropriating funds given to him to hold in escrow and with making false statements to others about his handling of the funds in an effort to cover up his misdeeds.

During the course of the Administrator’s investigation, Respondent tendered to the Administrator falsified bank records purporting to show that he was properly holding the funds. When the fabrication was discovered, Respondent blamed his mother for the fabrication of the records. Respondent claimed his mother misappropriated the funds in question by transferring funds from his IOLTA account to his business account and then covered up the misuse of the funds in an elaborate scheme aided by a woman the mother met at an unspecified Kinko’s copy shop.

The Hearing Board did not believe Respondent or his mother. In fact, the Hearing Board began its report by stating that they found “the testimony of Respondent and his mother, Selma Frazin, lacking in credibility and, in large part, untruthful,” noting that “Respondent and Ms. Frazin have changed their stories so many times it is impossible to determine when, if ever, they are telling the truth.” While Respondent claims that the Hearing Board erred in disbelieving him, we disagree. The Hearing Board was not required to accept Respondent’s testimony. This Board gives deference to the Hearing Board’s determinations of credibility. Moreover, the Hearing Board’s findings are well supported by the record as set forth generally below and in greater detail in the Hearing Board’s Report. (citations omitted)

Our earlier coverage is linked here. (Mike Frisch)