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Commonwealth of Massachusetts

NO. BD-2009-068

IN RE: ENNIO CATALDO

S.J.C. Order of Disbarment entered by Justice Cowin on December 9, 2009.1

SUMMARY2

On May 26, 2009, the respondent was convicted of credit card fraud over $250, identity fraud, and larceny over $250. Each of these crimes is a felony. The victim was a client who had given the respondent a power of attorney while she was incarcerated so that he could manage her affairs. The respondent opened credit card accounts in the clientís name and charged personal expenses to the accounts.

In aggravation, the respondent was indefinitely suspended from the practice of law on June 2, 2009. The indefinite suspension was ordered for the respondentís misconduct in several different cases involving lack of diligence and failure to cooperate with bar counsel. The respondent negligently misused a portion of a clientís money while he served as her attorney-in-fact, he misrepresented to two other clients his actions on their behalf, and one of these clients twice gave the respondent funds to pay a filing fee to the United States Patent and Trademark Office only to have the respondent abandon the trademark application. The respondent also practiced law after he was administratively suspended for failure to cooperate with bar counselís investigation. The client whose funds were negligently misused was the victim of the respondentís criminal conduct. See Matter of Cataldo, S.J.C. No. BD-2008-008 (June 2, 2009).

Bar counsel filed a petition for discipline on August 19, 2009. The respondent did not answer the petition for discipline and was defaulted. He did not participate in any further bar discipline proceedings, including the hearing before the Supreme Judicial Court for Suffolk County on the information filed by the Board of Bar Overseers recommending his disbarment. On December 9, 2009, the county court entered a judgment of disbarment effective immediately.


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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