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Commonwealth of Massachusetts

NO. BD-2009-064

IN RE: JAMES JOSEPH CIAPCIAK

S.J.C. Judgment of Disbarment entered by Justice Ireland on September 21, 2009.1

SUMMARY2

The respondent’s resignation was accepted and he was disbarred after he pleaded guilty to five counts of mail fraud and three counts of subscribing false tax returns.

Between 2004 and 2008, the respondent represented an insurance company. By arrangement with the company employee who approved his bills, he defrauded the company of large sums. There were three aspects to their agreement:

First, the respondent billed and was paid at least $645,000 more than was due for his services by claiming “retainers” that were never applied to the hours billed. He divided his gains with the employee who approved his bills

Second, the respondent failed to remit a $550,000 judgment that he collected for the company. Again, he divided the funds with the employee who supervised him.

Finally, the respondent paid for the supervising employee to attend the Superbowl. He obtained the funds for this by submitting false expense claims to the insurance company.

The respondent’s conduct constituted dishonesty, fraud, deceit, and misrepresentation in violation of Mass. R. Prof. C. 8.4(c) and criminal acts that reflected adversely on the his honesty, trustworthiness, and fitness as a lawyer, in violation of Mass. R. Prof. C. 8.4(b).


FOOTNOTES:

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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