Threat Draws Bar Charge
The Illinois Administrator has filed a complaint alleging that an attorney assisted a client’s fraud in a real estate matter in
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assisting a client in conduct that the lawyer knows is fraudulent, by conduct including creating corporate documents for the Uri J. Ranaan Foreclosure Company, preparing mortgage documentation for the agreement between UJRFC and Steven Smith, assisting in the sale of the Komensky property between UJRFC and Hinton Kelley, issuing a title insurance policy on behalf of Attorneys’ Title Guaranty Fund for the Komensky property sale to Hinton Kelley, and creating a shareholder and director resolution for UJRFC authorizing UJRFC to convey legal title of the Komensky property, in violation of Rule 1.2(d) of the Illinois Rules of Professional Conduct (2010);
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failing to disclose a material fact when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, by conduct including failing to notify Uri Raanan or Marc Lichtman of: the actions taken by Alex Gershbeyn in transferring the property from Raanan to UJRFC; the encumberance the Komensky property with an $85,000 mortgage; the sale of the Komensky property from UJRFC to Hinton Kelly; the issuance a title insurance policy on behalf of Attorneys’ Title Guaranty Fund for the Komensky property sale to Hinton Kelley; and the creation of a shareholder and director resolution for UJRFC authorizing UJRFC to convey legal title of the Komensky property, in violation of Rule 4.1(b) of the Illinois Rules of Professional Conduct (2010); and
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engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation, by conduct including creating corporate documents for the Uri J. Ranaan Foreclosure Company, preparing mortgage documentation for the agreement between UJRFC and Steven Smith, assisting in the sale of the Komensky property between UJRFC and Hinton Kelley, issuing a title insurance policy on behalf of Attorneys’ Title Guaranty Fund for the Komensky property sale to Hinton Kelley, and creating a shareholder and director resolution for UJRFC authorizing UJRFC to convey legal title of the Komensky property, in violation of Rule 8.4(c) of the Illinois Rules of Professional Conduct (2010).
Also
On November 13, 2015, [attorney] Lichtman called Respondent and asked Respondent about the events referred to in paragraphs seven through 37, of Count One, above, including why Respondent conveyed the Komensky property which Raanan claimed he owned and why Respondent did not provide notice of the sale to Raanan.
During the same conversation, in response to Lichtman’s questions, described in paragraph 40, above, Respondent informed Lichtman that Respondent took those actions at Gershbeyn’s direction, that Respondent needed the money, and did so to help Gershbeyn obtain leverage over Raanan.
During the same conversation, in response to Respondent’s statements, described in paragraph 41, above, Lichtman informed Respondent that Raanan could file a criminal complaint and a disciplinary complaint with the Attorney Registration and Disciplinary Commission against Respondent.
During the same conversation, in response to Lichtman’s statements regarding criminal or disciplinary complaints, described in paragraph 42, above, Respondent stated, “[t]ell [Raanan] if he does anything, I’ll take a 9 millimeter and blow his fucking head off.”
(Mike Frisch)