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Commonwealth of Massachusetts

NO. BD-1999-012


S.J.C. Judgment of Disbarment entered by Justice Sosman on July 19, 2002.1


This matter came before the Court on the respondentís consent to disbarment pursuant to S.J.C. Rule 4:01, ß 8(5). The respondent admitted that sufficient evidence existed to warrant findings that the facts alleged in Bar Counselís statement of disciplinary charges could be proved, as follows.

The respondent had previously been indefinitely suspended from the practice of law by the Supreme Judicial Court on May 24, 1999. The indefinite suspension arose from the respondentís intentional misappropriation of client funds between 1996 and 1999, with actual deprivation resulting but with restitution having been made in full prior to the date of the suspension. On January 4, 2002, the Court found the respondent in contempt as a result of his continued unauthorized practice of law. The contempt order prohibited him from applying for reinstatement for ten years.

At all relevant times, the respondent was an owner of, and resided in, a condominium unit in Boston, Massachusetts. Commencing in May 1998, the respondent became involved in the financial management of the condominium trust. As one of the trustees of the condominium trust, he maintained the trustís bank accounts, collected all condominium dues for the building, paid all bills, and provided summary budgets and financial reports to the condominium association at annual meetings. The respondent did not advise either the trustees of the condominium trust or the other unit owners in the condominium association of his suspension from the practice of law in 1999.

In early October 2001, after encountering difficulties in obtaining financial information from the respondent, an accountant for another unit owner learned from public records, and advised the trustees of the condominium association, that the respondent had been suspended from the practice of law in 1999. After further inquiry, the accountant and the trustees learned that the bank accounts managed by the respondent in the name of the condominium trust held a combined balance of less than $500 as of October 9, 2001.

On or about October 10, 2001, the respondent acknowledged at a meeting of the condominium association that, commencing in 1999 and continuing thereafter, he had intentionally misappropriated funds from the condominium trust. The condominium association then commissioned an audit, the result of which showed that the amount of the misappropriation was $61,523 and that, in addition, the respondent had failed to pay $9145 in condominium fees that he personally owed to the condominium trust. The respondent has since made restitution to the condominium trust.

The respondentís intentional misappropriation of funds from the condominium trust, with intent to deprive the beneficiary of the funds at least temporarily and with actual deprivation resulting, is conduct in violation of Mass. R. Prof. C. 8.4(c), (h) and Mass. R. Prof. C. 1.15(a),(b).

The respondentís consent to disbarment was filed with the Supreme Judicial Court on July 16, 2002. The Court entered an order of disbarment on July 19, 2002.

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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