The Wife He Never Met

Misconduct as a notary public has resulted in a public reprimand by the Massachusetts Board of Bar Overseers.

The respondent is employed as an attorney with a state agency. He has no history of prior discipline.

The respondent is also a notary public of the Commonwealth of Massachusetts. From time to time, in the ordinary course of his employment, the respondent notarizes documents on behalf of the agency: in addition, he periodically notarizes personal documents for fellow employees of the agency.

The problem

In April 2014, at work, a fellow employee asked the respondent to notarize a Home Affordable Modification Agreement for himself and his wife. The document that the employee asked the respondent to notarize already contained a signature purporting to be that of the wife. The respondent had never met the wife, and she was not present. In response to
the employee’s request, the respondent notarized the wife’s signature on the agreement, falsely acknowledging that she had personally appeared before him, provided her driver’s license for identification and acknowledged that her signature was made voluntarily for the stated purpose. The respondent believed in good faith that the employee’s wife was too busy at work to come before him and that she had assented to the agreement. In fact, the employee’s wife never signed and had no knowledge of the agreement.

In October 2015, at work, the same fellow employee asked the respondent to notarize a Lump Sum Benefit Election form for himself, and an accompanying Spouse’s Waiver of Survivor Annuity form for his wife. On the Lump Sum Benefit Election form, the fellow employee requested a lump sum payment directly to himself of his pension benefits in or about the amount of $64,121.57. The document provided that no further benefits would be due to the employee or to his spouse.

The spouse’s waiver that the fellow employee asked the respondent to notarize already contained a signature purporting to be that of his wife. The respondent had still never met the wife, and she was not present. In response to the employee’s request, the respondent notarized the wife’s signature on the waiver, falsely acknowledging that she had personally appeared before him, provided her driver’s license for identification and acknowledged that her signature was made voluntarily for the stated purpose. The
respondent believed in good faith that the employee’s wife was too busy at work to come before him and that she had assented to the waiver. In fact, the employee’s wife never signed and had no knowledge of the Spouse’s Waiver.

In early 2017, during her divorce proceedings, the wife learned that her name had been forged in April 2014, on the Home Affordable Modification Agreement, and in October 2015, on the Spouse’s Waiver of Survivor Annuity form, and that the respondent had purportedly witnessed and notarized her signatures.

The respondent was not paid for his services and enjoyed no economic benefit.

The parties stipulated to the sanction. (Mike Frisch)