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Commonwealth of Massachusetts

NO. BD-2005-053

IN RE: JAMES E. COOK

S.J.C. Judgment of Disbarment entered by Justice Ireland on August 29, 2005.1

SUMMARY2

On May 19, 2005, the respondent was convicted in Rhode Island of thirteen counts of identity theft, twenty counts of embezzlement, and three counts of conspiracy, all felonies. The respondent committed these crimes while employed as a claims adjuster for a third-party insurance administrator for self-insureds. From June 2000 to 2003, the respondent conspired with a Rhode Island attorney to embezzle funds by fabricating and inflating insurance claims. In addition, the respondent and his co-conspirator committed identity theft by appropriating personal information belonging to various persons in the community to finance the acquisition of computers from Dell.

The respondent was sentenced to serve concurrent terms of three years of home confinement, followed by seven years of probation. He was also required to make restitution in the amount of $56,780.

On July 21, 2005, the respondent submitted an affidavit of resignation pursuant to S. J. C. Rule 4:01, ß 15, in which he admitted to the convictions and that his conduct had violated Mass. R. Prof. C. 8.4(b), (c), and (h). Bar counsel asked the Board of Bar Overseers to recommend to the Supreme Judicial Court that the affidavit of resignation be accepted and that a judgment of disbarment enter retroactive to the date of the respondentís temporary suspension, which was then pending before the Supreme Judicial Court. The respondent was temporarily suspended on July 25, 2005.

On August 8, 2005, the Board of Bar Overseers voted to recommend to the Supreme Judicial Court for Suffolk County that the respondentís affidavit of recommendation be accepted and a judgment of disbarment enter retroactive to the date of the respondentís temporary suspension. On August 29, 2005, the county court entered a judgment of disbarment, effective July 25, 2005.

1 The complete Order of the Court is available by contacting the Clerk of the Supreme Judicial Court for Suffolk County.

2 Compiled by the Board of Bar Overseers based on the record before the Court.



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