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Commonwealth of Massachusetts

No. 97-023 BD

IN RE: NICHOLAS J. ELLIS

S.J.C. Judgment of Disbarment entered by Justice Abrams on November 16, 2000. 1
(S.J.C. Judgment of Reinstatement with Conditions entered by Justice Cordy on December 2, 2010.)

MEMORANDUM OF DECISION
Based on the attached affidavit of the respondent, Nicholas J. Ellis, and his plea of guilty to motor vehicle insurance fraud, which are "serious" crimes as defined in S.J.C. Rule 4:01, § 12(3), because they involve fraud and deceit, I accept the respondent's resignation from the Bar of the Commonwealth of Massachusetts.

By the Court,

RUTH I. ABRAMS
Associate Justice
Supreme Judicial Court

DATED: 16 November 2000


COMMONWEALTH OF MASSACHUSETTS

SUPREME JUDICIAL COURT
FOR SUFFOLK COUNTY
No. 97-023 BD

IN THE MATTER OF NICHOLAS J. ELLIS

AFFIDAVIT OF NICHOLAS J. ELLIS

I, Nicholas J. Ellis, being duly sworn, hereby depose and, state the following, pursuant to Supreme Judicial Court Rule 4:01, §15:

1. I, Nicholas J. Ellis, am an attorney duly licensed to practice law in the Commonwealth of Massachusetts.

2. I am aware that there is currently pending an investigation into allegations that I have been guilty of misconduct in violation of the Rules of the Supreme Judicial Court regulating the practice of law.

3. The nature of this misconduct involves my commission of various crimes.

4. On September 15, 2000, I pleaded guilty to, and was convicted of, two indictments which charged me with motor vehicle insurance fraud. The material facts upon which the convictions are based are set forth in the attached statements. These statements are true and complete statements reflecting the factual basis for the convictions.

5. I desire to resign from the practice of law in Massachusetts.

6. I hereby tender my resignation freely and voluntarily; I am not, and have not been, subject to any coercion or duress in doing so; arid I am fully aware of the implications of submitting this resignation.

7. I hereby waive any right to a hearing provided by the Supreme Judicial Court Rule 4:01.

Signed under the penalties of perjury this 22nd day of September, 2000.

Dated:_________

Nicholas J. Ellis

Subscribed and sworn under penalties of perjury, before me this ______ day of September, 2000 by Nicholas J. Ellis, who personally appeared before me,

___ who is personally known to me .
___ whose identity I proved on the basis of ____________________.
___ whose identity I proved on the oath/affirmation of __________________, a credible witness.

and who executed the foregoing document, and acknowledged that he executed it as his free act and deed.

_______________________________
Signature of Notary Public

_______________________________
Name of Notary printed, typed or stamped

Notary Public, Commonwealth of Massachusetts
my Commission expires____________

MICHAEL P. ANGELINI
NOTARY PUBLIC
MY COMMISSION EXPIRES: JANUARY 1. 2004


Nicholas J. Ellis

No. 97-0193 (1) Motor Vehicle Insurance Fraud G.L.,c. 266, § 111B

I, Nicholas J. Ellis, and others in my law office represented Federico Williamson in a claim for personal injuries and lost wages allegedly received in a motor vehicle accident on February 22, 1990 against a motor vehicle insurance policy issued by the John Hancock Insurance Company. During the course of my representation of Williamson, which continued through August 27, 1991, and acting as a joint venturer with him, I knowingly presented to and aided or abetted in the presentation to John Hancock of material false or fraudulent notices, statements, or proofs of loss, intending to injure, defraud and deceive the insurance company.

During the time that I represented Williamson, I sent letters to John Hancock stating that Williamson had been disabled as a result of the February 22, 1990 motor vehicle accident and that he remained disabled until October 10, 1990. I requested that John Hancock pay Williamson lost wages as a result of this disability. Contrary to the claim I made to John Hancock, I knew that Williamson was not disabled from work during that time period. I knew that Williamson continued to work during the time I represented him.

I also submitted to John Hancock a letter from Juan Alonso that stated that, on or after the date of Williamson's motor vehicle accident, Williamson had been hired at Malu Construction at a certain rate of pay for a certain number of hours per week, but that Williamson was unable to start work because of the injuries he received in the accident. I knew that this letter was false; that Alonso did not intend to hire Williamson on the date stated because Williamson was already working "under the table" at the time of the accident; and that Williamson continued to work for Malu Construction after the accident. I, or my employees at my direction, submitted this letter to John Hancock in support of Williamson's claim.

As a result of my false statements concerning Williamson's alleged inability to return to work, John Hancock paid Williamson over $8,000. These false statements were material to John Hancock's handling of the claim and payment of money to Williamson.

I, Nicholas J. Ellis, depose and state, under penalties of perjury, that the foregoing is true and accurate to the best of my information, knowledge, and belief.

Dated: ___________

Signed: _________________________
Nicholas J. Ellis

I, Nicholas J. Ellis, state that I have reviewed and discussed the contents of the foregoing statement with my attorneys, Michael P. Angelini and Max D. Stern, and I understand and agree that they are true. I am aware of and understand the provisions of Massachusetts Rule of Criminal Procedure 12 (f), I have discussed its provisions with my attorneys, and I knowingly and voluntarily waive the rights and protections afforded me by Rule 12 (f) and any corresponding constitutional provision, rule of law, or rule of evidence. Specifically, I agree that the foregoing factual statement, and my signature hereto, shall be admissible in evidence for any purpose in any criminal proceeding, including in any prosecution of the indictments or offenses referenced above. No threats have been made to induce me to make this waiver and I do so voluntarily, of my own free will, and intending to be legally bound.

Dated: ___________

Signed: _________________________
Nicholas J. Ellis

Subscribed and sworn to under penalties of perjury, before me this ____ day of July, 2000 by Nicholas J. Ellis, who personally appeared before me,

___ who is personally known to me .
___ whose identity I proved on the basis of ___________________.
___ whose identity I proved on the oath/affirmation of __________________, a credible witness.

and who executed the foregoing document, and acknowledged that he executed it as his free act and deed.

_______________________________
Signature of Notary Public _______________________________
Name of Notary printed, typed or stamped Notary Public, Commonwealth of Massachusetts
my Commission expires____________


Nicholas J. Ellis

No. 98-0356 (1) Motor Vehicle Insurance Fraud (G.L. c. 266, § 111 B)

I, Nicholas J. Ellis, and others in my Worcester law firm of Ellis & Ellis, including James N. Ellis, Jr. and Michael Bryant, represented Jay Rosenfield in a claim for personal injuries allegedly received in a motor vehicle accident of May 5, 1992 against a motor vehicle insurance policy issued by National Grange Mutual Insurance Company. During the course of my representation of Rosenfield, I intended to injure, defraud and deceive National Grange and I knowingly presented to, or aided or abetted in or procured the presentation to National Grange of " notices, statements, or proofs of loss knowing that they contained false or fraudulent statements or representations of a fact or thing material to the claim.

Rosenfield was treated by Dr. Mario Moretti for injuries which he allegedly sustained in this accident. Dr. Moretti completed and sent to me reports dated November 24, 1992 and December 29, 1992 which did not disclose several of Rosenfield's prior injuries to the same body parts that Rosenfield claimed to have injured on May 5, 1992. I, and others in my offce, including Michael Bryant and James N. Ellis, Jr., had represented Rosenfield on insurance claims arising out of those prior injuries and I knew of those prior injuries. I also knew that Dr. Moretti had treated Rosenfield for prior injuries. I knew that the statements in Dr. Moretti's November 24, 1992 and December 29,1992 reports concerning Rosenfield's prior injuries were false. Despite my knowledge that these medical reports contained false information that was material to the claim for personal injuries that was filed with National Grange, intending to defraud National Grange, I instructed employees of Ellis & Ellis to submit these reports to National Grange in support of Rosenfield's claims for benefits.

These false medical reports were material to National Grange's handling of the claim, which claim continued through May 30, 1993.

I, Nicholas J. Ellis, depose and state, under penalties of perjury, that the foregoing is true and accurate to the best of my information, knowledge, and belief.

Dated: _____________

Signed: __________________________
Nicholas J. Ellis

I, Nicholas J. Ellis, state that I have reviewed and discussed the contents of the foregoing statement with my attorneys, Michael P. Angelini and Max D. Stern, and I understand and agree that they are true. I am aware of and understand the provisions of Massachusetts Rule of Criminal Procedure 12 (f), I have discussed its provisions with my attorneys, and I knowingly and voluntarily waive the rights and protections afforded me by Rule 12 (f) and any corresponding constitutional provision, rule of law, or rule of evidence. Specifically, I agree that the foregoing factual statement, and my signature hereto, shall be admissible in evidence for any purpose in any criminal proceeding, including in any prosecution of the indictments or offenses referenced above. No threats have been made to induce me to make this waiver and I do so voluntarily, of my own free will, and intending to be legally bound.

Dated: ___________

Signed: _________________________
Nicholas J. Ellis

Subscribed and sworn to under penalties of perjury, before me this ____ day of July, 2000 by Nicholas J. Ellis, who personally appeared before me,

___ who is personally known to me .
___ whose identity I proved on the basis of ___________________.
___ whose identity I proved on the oath/affirmation of __________________, a credible witness.

and who executed the foregoing document, and acknowledged that he executed it as his free act and deed.

_______________________________
Signature of Notary Public

_______________________________
Name of Notary printed, typed or stamped Notary Public, Commonwealth of Massachusetts
my Commission expires____________

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



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