Monday, February 11, 2019
The Illinois Administrator has filed an amended complaint alleging that the attorney made false statements in several venues
Respondent received a bachelor of arts degree in history and political science from McGill University in May, 1998.
In October, 2005, Respondent registered to take the Law School Admission Test ("LSAT") but cancelled taking the test. In December, 2005, Respondent took the LSAT and scored 158. In September, 2006, Respondent retook the LSAT and scored 173.1
In late 2005, Respondent applied for admission to the University of Chicago Law School, but was denied admission to the 2006 entering class.
On or about December 4, 2006, Respondent submitted a second application for admission to the Juris Doctor program at the University of Chicago Law School. The application requested that Respondent submit, among other things, a resume and candidate statement as part of the application process. Respondent submitted his personal statement and an addendum which purportedly addressed gaps in Respondent’s academic record.
In his personal statement addendum, Respondent stated that in 1999 he had been diagnosed with a leiomyosarcoma (a form of stomach cancer) that he had undergone four separate surgeries to have tumors removed from his stomach, as well as radiation therapy and what he referred to as "countless" minor procedures to stop gastric bleeding. Respondent stated that the disease delayed completion of his MA degree, stalled work in the McGill University Ph.D program, and forced his withdrawal from the University of Michigan, where he had taken courses as a visiting scholar toward completion of a doctoral degree.
In his personal statement addendum, Respondent further stated that although he had just undergone surgery in September, 2005 and was still receiving radiation therapy, he had sat for the October and December 2005 LSAT exams. Respondent explained that he was not healthy enough to have sat for the exams, but that in January, 2006, for the first time in six years, Respondent had been given a clean bill of health by his oncologist. As a result, he scored well on the LSAT, with a score of 173, and was finishing course work at the University of Michigan.
Respondent’s statements that he had been diagnosed with and received treatment for leiomyosarcoma were false.
Respondent knew the statements that he had been diagnosed with and received treatment for leiomyosarcoma were false because at no time prior to submission of his application to the law school had Respondent been diagnosed with or received treatment for leiomyosarcoma or any other cancer, nor did Respondent have an illness that affected his LSAT performance, and did not take the LSAT exam in October, 2005.
At the time Respondent submitted the false information in his application for admission to the University of Chicago Law School, Respondent knew the information was false and intended to mislead the law school in order to advance his chances for admission to the Law School.
Based upon Respondent’s false application to the University of Chicago Law School, Respondent was admitted to the school. At no time prior to the time he commenced his studies or since completion of his studies at the Law School did Respondent amend his application to provide truthful information to the Law School.
And in his Illinois bar admission
At no time prior to the February 21, 2018 voting of a complaint by the members of Panel C of the Inquiry Board, did Respondent advise the Committee on Character and Fitness that he had submitted a false information in his application for admission to the University of Chicago Law School. At no time prior to his admission to the Bar in the State of Illinois did Respondent amend or change his answer to question 53 of the questionnaire to provide the Committee on Character and Fitness information about the false information he included in his application for admission to the University of Chicago Law School.
He was admitted in 2011.
In a federal matter the illness that allegedly wasn't resurfaced
On December 15, 2015, Respondent sent an email to Assistant United States Attorney (AUSA) Gerard Brost, who represented the defendants in the Sulemani case, describing Respondent’s intention to file a motion for an extension of time to complete fact discovery, stating in part the following:
"...I know we had a lengthy fact discovery period in this case to begin with but I have been away from the office for most of the 4 months dealing with a serious medical issue (having tumors removed from my abdomen and stomach).
Respondent’s statement to AUSA Brost...that he had been away from the office for most of the previous four months dealing with a serious medical issue involving the removal of tumors from his abdomen and stomach was false.
Respondent knew the statement...that he had been away from the office for most of the previous four months dealing with a serious medical issue involving the removal of tumors from his abdomen and stomach was false, because Respondent was not ill with a serious medical issue involving removal of tumors from his abdomen.
And became infectious in a federal criminal matter
Respondent’s statement to AUSAs Hancock and Brock...that he had a child about to have surgery, was false.
Respondent knew his statement to AUSAs Hancock and Brock...that he had a child about to have surgery, was false because Respondent had no children, nor any child about to have surgery.
In a federal civil matter
On August 12, 2013 at 11:21 a.m., Respondent sent the following email message, in part, to defense counsel ASA Emmert and Lou Varchetto ("Varchetto") related to Respondent’s delay in completing discovery matters in the Johnson case:
"I apologize for not getting back to you sooner regarding the above captioned case. Unfortunately, I have been out of the office most of the last two months dealing with a serious medical issue that necessitated twice having surgery to have tumors removed from my stomach. While still receiving treatment, I am back in the office near full time. I realize that fact discovery in this case closes on August 31 but at this point I feel I have no choice but to file for a short extension of that deadline. ...Please let me know if you agree to allow me to file this motion as unopposed."
Respondent’s statement to ASA Emmert and Varchetto...regarding Respondent’s alleged absence from the office for the last two months due to a serious medical illness requiring Respondent to have surgery on two occasions, as the reason for delay in engaging in discovery is false.
On November 9, 2014, at 7:07 p.m., Respondent sent an email to defense counsel ASA Emmert and Jasinski, the following message related to Respondent’s purported reason for requesting an extension to file plaintiff’s response to defendants motion for summary judgment in the Johnson case:
"I unexpectedly have to return home to Montreal for a funeral this week. I will be gone for 2 days and would like to ask the Court to extend my deadline to respond by the two days that I will miss. Please let me know if I can represent to the Court that you either agree.do not oppose the request."
Respondent’s statements to defense counsel...that Respondent had to return home to Montreal to attend a funeral was false.
Respondent knew his statements to the defense counsel...that Respondent had to return home to Montreal to attend a funeral was false because Respondent did not need to travel to Montreal to attend a funeral, as none of his family or acquaintances had died and no funeral was scheduled at which Respondent’s appearance was necessary in Montreal.
The amended complaint also alleges false statements in the bar investigation.
The attorney's Answer is linked here. (Mike Frisch)