Bookkeeper Had Replaced Attorney’s Spouse

A fully-stayed 180-day suspension has been imposed by the Indiana Supreme Court

Respondent overdrafted his trust account on three occasions in late 2017. The Commission’s inquiry into these overdrafts led to the discovery that Respondent’s firm’s bookkeeper, who had replaced Respondent’s wife in that role several months earlier, had made multiple deposits into incorrect accounts. Respondent hired a certified public accountant (CPA) to perform an audit, which revealed both errors and theft committed by the bookkeeper. In January 2018, the bookkeeper was charged with one count of theft (a level 5 felony) and seven counts of forgery (level 6 felonies), and the bookkeeper later pled guilty to one count of theft and one count of forgery. The audit also revealed that Respondent had held earned funds in his trust account over a period of years totaling a little more than $5,000.

Respondent’s prior discipline is a fact in aggravation. Facts in mitigation include Respondent’s cooperation, remorse, restitution, and undertaking of other remedial measures following discovery of the trust account mismanagement.

The attorney is subject to an 18-month probation period. (Mike Frisch)