At The Mandalay Bay

The Illinois Administrator has filed a complaint alleging misconduct by an attorney in his capacity as President of the Puerto Rican Bar Association (“PRBA”)

On May 3, 2014, Eulalia De La Rosa (“De La Rosa”), who was then the President of the PRBA, and Claudia Badillo (“Badillo”), who was then the Treasurer of the PRBA, opened the PRBA Chase account. At some time thereafter, De La Rosa obtained a debit card ending in 9839 for the PRBA Chase account (the “9839 debit card”).

At some time between January 29, 2016 and November 1, 2016, Respondent was sworn in as President of the PRBA.

Pursuant to Article VIII, Section C of the PRBA bylaws…as President of the PRBA, Respondent was also a director of the PRBA. Accordingly, during the time that Respondent was President of the PRBA, Respondent owed the fiduciary duties listed in Article V, Section E of the PRBA bylaws, referenced in paragraph four, above, to the PRBA. Respondent was also bound by Addendum A…as well as all other duties of the President and directors set forth in the PRBA bylaws.

At some time between November 1, 2016 and November 28, 2016, De La Rosa gave Respondent the 9839 debit card because Respondent had taken over the role of President.

Between November 28, 2016 and December 5, 2016, Respondent was in sole possession and control of the 9839 debit card.

On December 6, 2016, Respondent was added as a signatory on the PRBA Chase account. That same day, De La Rosa and Badillo were removed as signatories because their terms as President and Treasurer, respectively, were over. At some time on or around December 6, 2016, Respondent received a debit card ending in 4853 for the PRBA Chase account (the “4853 debit card”).

Between December 6, 2016 and July 24, 2017, Respondent was in sole possession and control of the 4853 debit card, and he was the sole signatory on the PRBA Chase account.

Between November 28, 2016 and July 24, 2017, Respondent used the 9839 debit card and the 4853 debit card to make 77 ATM withdrawals, totaling $10,574.90, for his own personal or business use. Of those 77 ATM withdrawals, Respondent made five withdrawals at the Mandalay Bay hotel in Las Vegas, Nevada, in the total amount of $894.95.

Between November 28, 2016 and July 24, 2017, Respondent used the 4853 debit card to make purchases for his own personal or business use, totaling $721.50. Respondent made two of those purchases at the Mandalay Bay hotel in Las Vegas, Nevada, in the total amount of $525.90.

Between November 28, 2016 and July 24, 2017, Respondent made 15 electronic transfers from the PRBA Chase account to his personal bank account at Chase, in the total amount of $5,061.15. Those 15 electronic transfers were for Respondent’s own personal or business use.

He made some payments back into he account but

 On July 25, 2017, the board members of the PRBA held an emergency board meeting, at which Respondent was in attendance, to discuss Respondent’s use of funds in the PRBA Chase account. During that meeting, Respondent resigned from his position as President of the PRBA, effective immediately.

As of July 25, 2017, Respondent still owed the PRBA $4,930.41.

(Mike Frisch)