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Commonwealth of Massachusetts

NO. BD-2006-027


S.J.C. Judgment of Disbarment entered by Justice Cowin on May 29, 2007.1


This matter came before the Court on the respondentís affidavit of resignation pursuant to S.J.C. Rule 4:01, ß 15. The respondent admitted in the affidavit that sufficient evidence existed to warrant findings that the facts alleged in bar counselís statement of disciplinary charges could be proved.

All three counts of the statement of disciplinary charges arose from the respondentís conduct as closing attorney and settlement agent for unrelated closings in August and December 2005 and March 2006. In each case, the respondent failed to pay off underlying mortgages after the closings, $188,867 in the first matter, a total of $324,751 in the second, and $165,565 in the third. He instead intentionally misappropriated a substantial portion of those funds for his own business or personal purposes or those of other clients or third parties unrelated to the closings, with intent to deprive the intended recipients of the funds at least temporarily and with actual deprivation resulting. In the first two closings, the respondent was subsequently enabled to pay off the mortgages only by the intentional misappropriation of the proceeds of later unrelated closings for which he was also settlement agent. In the third matter, the mortgage was ultimately paid by title insurance.

In each count, the respondentís intentional misappropriation of closing proceeds violated Mass. R. Prof. C. 1.15(b), (c,) and (d) and 8.4(c) and (h).

The respondent was temporarily suspended pending further disciplinary proceedings on April 20, 2006. On May 14, 2007, the Board of Bar Overseers voted to recommend that the affidavit of resignation be accepted and that the respondent be disbarred retroactive to the date of the temporary suspension. The Court so ordered on May 29, 2007.

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 filed with the Supreme Judicial Court.

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