Carolina Matters

The most recent report of the North Carolina Office of Counsel has a number of interesting summaries of pending discipline cases.

Highlights

Frank Chut, Jr. – 21 DHC 6
It is alleged that Chut, of Greensboro and an Assistant United States Attorney, misled a witness testifying before a grand jury by informing the witness that she was not the target or subject of the investigation when Chut knew that the witness had some level of involvement in the criminal activity, and later presented evidence against the witness to a grand jury resulting in a criminal indictment of the witness. The DHC case is stayed.

Penny K. Bell – 21 DHC 17
It is alleged that Bell, of Clinton, gave false testimony during remand of a Batson claim regarding what she described as the assistant district attorney’s history and practice in exercise of peremptory challenges, and made false statements to the Grievance Committee. The case is stayed to allow the State Bar to investigate new allegations of misconduct. The State Bar must make a status report to the DHC panel by April 24.

Paris Peppers – 22 DHC 2
It is alleged that Peppers, of Henderson, while representing two of her cousins, made false promises in order to defraud them out of property inherited from their grandmother, did not comply with discovery requests and orders in a civil case her cousins brought against her, and made false representations to the Grievance Committee. Peppers was immediately transferred to disability inactive status upon filing a notice of disability in the DHC proceeding on 15 March 2023. The disciplinary proceeding is stayed pending a determination of whether Peppers is disabled. Hearing on disability has not been scheduled.

Brian R. Harwell – 22 DHC 3
Harwell, of Mooresville, pled guilty in Iredell County Superior Court to felony possession of methamphetamine, misdemeanor harboring a fugitive, and misdemeanor resisting a public officer. It is alleged that Harwell also made one or more false statements to police officers regarding a client’s whereabouts when the officers came to Harwell’s home to serve a warrant for the client’s arrest. The Chair of the DHC entered an order of interim suspension of Harwell’s law license.

Michelle Congleton Smith – 22 DHC 13
It is alleged that Smith, of Raleigh, did not verify wiring instructions before wiring payoff funds in a refinance transaction. As a result, she wired the payoff to a fraudster. It is also alleged that she made multiple false statements to the Grievance Committee during its investigation of the incident. Hearing was continued and has not been rescheduled.

Mark T. Cummings – 22 DHC 25
It is alleged that Cummings, of Greensboro, misrepresented his residency in an election, instructed a courtroom clerk to issue a note containing false information, failed to issue required Forms 1099, made related false statements, and misrepresented the existence of evidence to the presiding judge during a trial. Hearing is scheduled for November 14-17.

Kathie Willard – 23 DHC 2
It is alleged that Willard, of Raleigh, while a party to a lawsuit, fabricated email to support her denial of self-dealing in the underlying litigation and delivered the fabricated email to her attorneys, who produced them in discovery. It is also alleged that, by doing so, she committed the crimes of conspiracy and soliciting obstruction of justice. Hearing has not been scheduled.

(Mike Frisch)