The Plane Truth

The Illinois Administrator has charged an attorney with misconduct in failing to supervise his employee spouse

At all times alleged in this complaint, Respondent had designated his wife, Nina Cunningham, as the president, registered agent, office manager and senior paralegal for Cunningham Law. Nina Cunningham (“Nina”) has never been admitted to practice law in Illinois or any other jurisdiction. Respondent had direct supervisory authority over Nina and had a duty to make reasonable efforts to ensure that Nina’s conduct was compatible with Respondent’s professional obligations.

Prior to 2015, Respondent had incurred federal and state tax liens and had been delinquent making payments on lines of credit, which adversely affected Respondent’s credit rating. Additionally, prior to 2015, Respondent had repeatedly overdrawn bank accounts. As of 2015, Respondent understood that because of his credit history and previous overdrawn bank accounts, it would be difficult, if not impossible, for him to open a bank account.

The wife allegedly opened several account in the firm name but proved to be untrustworthy

Between December 2014 and June 2015, Nina fraudulently used identifying information of Respondent’s relatives – including their names, dates of birth, and social security numbers – to open financial accounts in their names. Nina fraudulently drew and transferred $47,817 from those accounts, and an existing credit card account in the name of Respondent’s parents. Between February 2015 and September 2015, Nina used those funds for Cunningham Law operating expenses and for personal expenditures for herself and Respondent, as set forth below.

Between January 2015 and May 2015, Nina fraudulently used the identity of Respondent’s former wife, Sheila Gibbs, to open two PayPal accounts. During this time, Nina also fraudulently used the identity of Respondent’s elderly father, Harvey Cunningham, to open a Capital One credit card account. Between February 2015 and May 2015, Nina drew $31,848 from the Capital One credit card account and an existing Bank of America credit card account in the name of Respondent’s father and deceased mother, Lillie Cunningham. Nina transferred $7,498 of those funds into the Wells Fargo Cunningham Law account 8149. Nina transferred the remaining $24,350 into the PayPal accounts in Sheila Gibbs’s name, and then into the Cunningham Law PayPal account ending in 9956. Between January and September 2015, Nina used the full $31,848 for Cunningham Law operating expenses and for her and Respondent’s personal purposes.

At no time did Sheila Gibbs or Harvey Cunningham have knowledge of or authorize Nina or Respondent to open accounts in their names, or to withdraw funds or expenditures to be incurred for any purpose, as set forth…above.

In June 2015, Nina fraudulently used the identity of Joyce Gibbs, the sister of Respondent’s former wife, to obtain an American Express business credit card account ending in 51003, entitled “Cunningham Law Inc. Joyce Gibbs.” In June 2015 and July 2015, Nina used American Express account ending in 51003 to transfer $8,320 into the Cunningham Law Wells Fargo account ending in 8149. Between June 2015 and September 2015, Nina used those funds for Cunningham Law operating expenses and for her and Respondent’s personal purposes. Additionally, in June 2015 and July 2015, Nina used the American Express account to make purchases totaling $7,649 for business and personal purposes, including airline tickets for Respondent and Nina to travel from Chicago to San Diego, California, in August 2015. As of October 20, 2015, the date American Express closed the account as fraudulent, the balance owed was $15,969

Alleged false statement to the Administrator

On April 27, 2017, Respondent sent the Administrator a response letter denying that he or Nina Cunningham had any involvement with the Cunningham Law American Express account. With regard to the documentation reflecting that the account was used to purchase airline tickets in the names of Respondent and Nina Cunningham for travel from Chicago to San Diego, California, in August 2015, Respondent stated

“Neither my wife nor I traveled via plane that year in 2015 or since. My mother passed away in January 2015 and I have been in Illinois taking care of my father since then. Actually, I have taken my father back to St. Louis, MO a couple of times to pick up things from his home. We drove on both occasions and did not stay overnight”

With his response letter to the Administrator, Respondent also enclosed written statements from Nina Cunningham and Cunningham Law’s paralegal, Courtney Shafer, which stated that Respondent and Nina Cunningham had not taken a vacation since January 2015.

Respondent’s statements that he had not traveled by plane in 2015 or since, and that he had not traveled anywhere outside of Illinois during that time except to St. Louis, Missouri, were false, because as described above, in August 2015 Respondent had vacationed with Nina in southern California with the airline tickets purchased with the Cunningham Law American Express account in Joyce Gibbs’s name. At the time he made those statements, Respondent knew they were false.

 Further, Respondent included with his response statements from Nina Cunningham and Courtney Shafer that Respondent and Nina Cunningham had not taken a vacation since January 2015. Those statements from Nina Cunningham and Courtney Shafer were false because Respondent and Nina Cunningham had in fact vacationed in southern California in August 2015. At the time Respondent included these statements with his response, he knew them to be false.

(Mike Frisch)