Monday, June 29, 2020

Gimme, Shelter

A summary from the web page of the Massachusetts Board of Bar Overseers

From 2015 to November 2018, the respondent was a fiduciary, as board member and/or officer, of a non-profit animal shelter, with signatory authority over its bank account. He intentionally misused $119,000 from the non-profit for his own purposes. He reimbursed the non-profit by intentionally misusing $119,000 held as a trustee of a supplemental needs trust. He misused at least an additional $166,000 from the supplemental needs trust for his own use. The respondent has “not repaid to the trust more than a small percentage of the funds … misused.” His misconduct violated Mass. R. Prof. C. 1.15 (b)(4) (lawyer shall hold trust property separate from his own; trust property shall be appropriately safeguarded); 8.4 (c) (conduct involving dishonesty, fraud, deceit or misrepresentation); and 8.4 (h) (conduct adversely reflecting on fitness to practice).

The respondent submitted his affidavit of resignation in April 2020. On May 11, 2020, the Board of Bar Overseers voted to recommend that the affidavit be accepted, and that the respondent be disbarred. The Court (Budd, J.) so ordered on June 23, 2020.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2020/06/gimme-shelter.html

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