November 13, 2009
Post-Judgment Actions Lead To Disbarment
The Maryland Court of Appeals has disbarred an attorney who was a co-plaintiff (with his spouse) in a defamation action. The defendants countersued and secured a judgment for approximately $386,000. By 2007, the amount was around $431,000. The charges alleged that he had "claimed to be insolvent during this period of time, while utilizing monies in his escrow account and joint business accounts funded by his law office, for personal expenses, allgedly to avoid payment of the...judgment."
The court rejected the attorney's legal and factual contentions on review of the trial judge: "The record is replete with instances in which [the attorney] engaged in a pattern of dishonesty, fraud, and deceit, in his unrelenting efforts to conceal assets from the [judgment holder.]" Among other things, he failed to respond to post-judgment discovery requests,used escrow and pension accounts to conceal assets, fraudulently conveyed over $100,000 to himself and his wife from his corporations, and improperly paid more than $170,000 in personal expensers from his pension account. (Mike Frisch)
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