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No. BD99-065




The respondent is an attorney who was admitted to the Supreme Court, Appellate Division, Fourth Judicial Department of New York as well as in Massachusetts. On August 12, 1998, the respondent filed an affidavit of resignation in New York. In his affidavit of resignation the respondent admitted to: conversion of at least $22,900.80 belonging to the Estate of Wanda H. Buczinski which had been entrusted to him; conversion of at least $38,678.03 of funds entrusted to him by the Estate of Marion Bauer, some of which was used to make restitution to the Buczinski estate; conversion of at least $17,174.45 of funds entrusted to the respondent by a client named Wilson; misapplication of funds received from non-clients to hold in escrow for two investment programs, some of which was used to make restitution to Wilson; making misrepresentations to the attorney grievance committee and to the investors in one of the investment programs about the status of his errors and omissions coverage; and depositing client funds in an interest-bearing, non-IOLA account and appropriating the interest earned on those funds. The respondent also represented in his affidavit that he had made restitution of all client funds and that his obligation to restore the non-client funds from the investors was being addressed in ongoing civil proceedings.

On September 18, 1998, the Appellate Division of the Supreme Court for the Fourth Judicial Department of New York accepted the respondentís resignation and struck his name from the roll of attorneys. In violation of the requirements imposed by S. J. C. Rule 4:01, ß 16(6), the respondent did not notify bar counsel or the Massachusetts Supreme Judicial Court of the action taken in New York.

On September 24, 1999, bar counsel filed in the Supreme Judicial Court for Suffolk County a petition for reciprocal discipline. The parties waived hearing on bar counselís petition, and, on December 16, 1999, the court entered a judgment accepting the respondentís resignation and striking his name from the roll of attorneys in Massachusetts.

1S.J.C. Order of Resignation Entered by Justice Lynch on December 16, 1999.

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