Robbing Peter To Pay Paul No Mitigator

A recommendation for disbarment from an Illinois Hearing Board

Respondent dishonestly converted funds totaling at least $29,513.08 from earnest money he agreed to hold for two real estate transactions and falsely told the attorneys for the buyers that he had refunded the earnest money when he had not done so. In addition, Respondent failed to provide information requested by the Administrator during the disciplinary investigation and failed to comply with a subpoena to appear and provide a sworn statement.

The Panel considered in mitigation that Respondent has no prior discipline and eventually refunded the earnest money for both transactions. We give little weight to Respondent’s return of the earnest money given that the refund in the first transaction was made with funds he converted from the second transaction, and the source of the refund in the second transaction is unknown.

In aggravation, Respondent engaged in a pattern of extremely serious misconduct and refused to cooperate in this matter. The minimal mitigation is not sufficient to overcome the egregious misconduct and aggravating factors. We conclude that Respondent presents a danger to clients and, therefore, disbarment is the appropriate recommendation in this case.

(Mike Frisch)