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DISBARMENT
James W. Bravos,
State Bar #138097, San Diego (December 28
In aggravation, Bravos had a record of prior discipline, and he engaged in multiple acts of wrongdoing that caused serious harm to his clients. He also failed to participate in the disciplinary proceedings.
The order took effect January 27
Christian M. Dillon,
State Bar #89376, Dana Point (November 30
Between October 2008 and August 2009 eight California clients retained Dillon to help negotiate home loan modifications. The clients each paid Dillon between $1,500 and $3,495 in legal fees. Dillon, however, failed to negotiate and obtain loan modifications, and he performed no other legal services of value. He failed to respond to reasonable client inquiries regarding the status of their matters. During the same period of misconduct Dillon also represented clients from Hawaii, Tennessee, and New York for legal help regarding their loan modifications. The clients each paid Dillon between $2,500 and $3,950 in advance fees, notwithstanding the fact that he was not licensed to practice law in those states. In August 2009 Dillon resigned from the State Bar, thereby terminating his employment with his clients. Dillon’s phone lines were disconnected, and his clients were unable to contact him. To date Dillon had not refunded unearned legal fees paid by his loan modification clients.
In aggravation, Dillon had a record of prior discipline. His wrongdoing involved 14 matters that caused significant harm to clients and demonstrated a pattern of misconduct. In mitigation, Dillon cooperated with the State Bar during its investigation and proceedings.
The order took effect December 30
Juan M. Falcon,
State Bar #177400, Fresno (December 12
In October 2009 Falcon was suspended from practice for one year. Conditions to the discipline required Falcon to notify clients of his suspension within 30 days and file an affidavit of compliance within 40 days. He failed to timely comply with the conditions.
In aggravation, Falcon had a record of prior discipline. In mitigation, several witnesses detailed Falcon’s good character.
The order took effect January 11
Wayne M. Fong,
State Bar #158172, San Francisco (December 28
In aggravation, Fong engaged in multiple acts of wrongdoing that caused serious harm to his employer. In mitigation, Fong had no record of prior discipline since being admitted to the State Bar in 1992. During the time of the misconduct he had a gambling disorder. Once he was confronted, Fong acknowledged and took responsibility for his misconduct.
The order took effect January 27
Craig D. Foster,
State Bar #179488, Haleiwa, HI (January 5
Foster generally worked alone during therapy sessions, which lasted one to two hours at a time. Foster had sexual liaisons with drug-dependent patients, to whom he supplied medications. Dentists are prohibited from engaging in sexual relations with patients, unless the patient is the dentist’s spouse or is in a domestic relationship with the dentist. Foster’s misconduct violated state and federal laws. In June 2001 his dental license was revoked due to his misconduct. A superior court affirmed the revocation of his dental license in 2009.
In aggravation, Foster had a record of prior discipline, and he lacked insight into his wrongdoing. In mitigation, seven persons attested to his good character.
The order took effect February 4
Samuel L. Hart,
State Bar #66135, West Hills (January 10
In aggravation, Hart had a record of prior discipline. Also, his misconduct involved wrongdoing in two client matters. In mitigation, Hart cooperated with the State Bar’s investigation and proceedings.
The order took effect February 9
Susan L. Hornsby,
State Bar #216920, Alto, TX (December 28
In 2010 Hornsby was publicly reproved in connection with a no contest plea to a misdemeanor violation of driving under the influence of alcohol. That same year she again pleaded no contest to misdemeanor DUI violations, driving while her license was suspended under a prior DUI conviction, and operating a vehicle without a functioning interlock device. Hornsby’s State Bar discipline required her to comply with various conditions. She failed to timely comply, failed to attend eight self-help meetings, failed to provide lab-screening reports to the Office of Probation, and failed to update her membership records until June 2011.
In aggravation, Hornsby had a record of prior discipline, and she engaged in multiple acts of wrongdoing that demonstrated a pattern of misconduct. Also, she failed to cooperate during the State Bar’s investigation and proceedings.
The order took effect January 27
Tanmay P. Mistry,
State Bar #251425, Hacienda Heights (January 12
In late 2008 Mistry was affiliated with a loan modification business owned and operated by persons not licensed to practice law in California. Police officers investigating the business contacted Mistry because it appeared to be operating under his name. Mistry denied knowing about the business and claimed he was the victim of identity theft. He told the State Bar the business had used his name without his permission. In fact, Mistry had a business agreement with the operation to receive $4,000 a month in exchange for authorizing it to use his name, law license, letterhead, signature, and retainer agreements. In addition, the loan modification business filed fraudulent grant deeds and bankruptcy petitions on behalf of clients without their knowledge or consent. Mistry knew of these practices, but did nothing to stop them. In one of eight client matters, in May 2009 two clients hired Mistry through the loan modification business to represent them. They paid the business $2,995 in advance fees. Mistry failed to contact the clients’ lender, and he did not comply when the clients requested a refund.
In aggravation, Mistry’s wrongdoing significantly harmed his clients, the public, or the administration of justice. He demonstrated indifference toward rectification of or atonement for the consequences of his misconduct. In mitigation, Mistry had no record of prior discipline since being admitted to the State Bar in 2007. During the period of his misconduct he experienced extreme emotional difficulties due to substance abuse and mental health problems.
The order took effect February 11
Lucinda K. Moreno,
State Bar #136850, El Monte (December 13
In 1993 Moreno was appointed a successor trustee of a family trust and agreed to serve without pay. The trust had been created by Moreno’s relative for the benefit of the relative’s family members, who were all disabled. Thereafter, Moreno caused the decedent’s wife to sign a grant deed conveying title to the family home out of the trust. She did this by concealing the true nature, contents, and effect of the document. Soon after, a $75,000 loan was issued under the wife’s name without her consent. Moreno deposited the net proceeds of the loan into the trust bank account and later engaged in several other fraudulent transactions. From December 2003 to May 2009 Moreno withdrew at least $113,048 from the trust account for her personal use. Because the wife was unaware she owed mortgage payments, her house went into foreclosure in January 2010.
In aggravation, Moreno had a record of prior discipline. Further, she committed multiple acts of misconduct that caused serious harm to the trustor and trust beneficiaries. In mitigation, Moreno cooperated during the State Bar’s investigation and proceedings.
The order took effect January 12
Jon M. Smith,
State Bar #166458, La Palma (December 12
In aggravation, Smith had a record of prior discipline. He committed multiple acts of wrongdoing that significantly harmed a client, and he demonstrated indifference toward rectification of or atonement for the consequences of his misconduct. In addition, he failed to participate in the State Bar’s investigation and proceedings.
The order took effect January 11
Steven J. Stanwyck,
State Bar #48728, Santa Monica (January 12
In October 1999 Stanwyck sought to arbitrate a matter against a telecommunications company. Upon being informed that he would have to pay a filing fee, he refused to do so and filed suit in state court. The company removed the case to federal district court, and all of Stanwyck’s claims were dismissed. The federal court directed Stanwyck to pay the filing fee, but he still refused to do so and filed a new demand for arbitration. The district court again dismissed Stanwyck’s action and concluded that Stanwyck had abused the court’s process. After Stanwyck filed several unsuccessful lawsuits against the telecommunications company, it filed a motion in 2001 to declare Stanwyck a vexatious litigant. The superior court granted the motion after finding that in seven years, Stanwyck had commenced more than five lawsuits that were finally determined adversely against him. The superior court found that he had repeatedly relitigated issues, filed unmeritorious pleadings, and engaged in frivolous tactics solely intended to cause unnecessary delay.
In aggravation, Stanwyck’s misconduct caused significant harm to the administration of justice. He committed multiple acts of wrongdoing, and showed a lack of insight and remorse. In mitigation, Stanwyck had no record of prior discipline since being admitted to the State Bar in 1971.
The order took effect February 11 Actions From Previous Issues
Ryan C. Aulis,
State Bar #257276, San Diego (November 28
In February 2011 Aulis pleaded guilty to violating Penal Code § 470(d), forgery. The conviction is now final and the State Bar concluded that it met the criteria for summary disbarment.
The order took effect December 28
Gustav G. Bujkovsky,
State Bar #47528, Escondido (November 28
In August 2010 Bujkovsky pleaded guilty to obstruction of justice, 18 U.S.C. § 1505, a felony. The conviction is now final and the State Bar concluded that it met the criteria for summary disbarment.
The order took effect December 28
Carlos E. Castaneda,
State Bar #140786, San Diego (November 28
In November 2009 Castaneda was placed on three years of probation related to prior charges. Thereafter, he failed to comply with conditions to his probation.
In aggravation, Castaneda had a record of prior discipline.
The order took effect December 2
Cheryl Chambers,
State Bar #189577, Oakland (November 2
In 2001 Chambers was hired by husband-and-wife clients to draft a living trust. When the husband died, the trust became irrevocable and the wife was placed in an assisted living facility. Chambers was asked to handle the renovation and sale of the remaining client’s home. In September 2006 the home was sold for $1.22 million. Chambers used the proceeds to pay for the client’s care until her death in August 2008. However, she also made numerous withdrawals from the funds for her own use and benefit. In total, Chambers misappropriated $800,000.
In aggravation, Chambers’s misconduct was surrounded by bad faith and dishonesty. Her misconduct caused significant harm to the beneficiaries of her clients’ trust. In mitigation, Chambers had no record of discipline since being admitted to the bar in 1997. She cooperated with the State Bar during its investigation and proceedings and displayed remorse for her misconduct.
The order took effect December 2
Sylvia P. Colon-Vasquez,
State Bar #170766, Turlock (November 17
In March 2011 Colon-Vasquez pleaded nolo contendere to four counts of violating Penal Code § 487(a), grand theft. The conviction is now final and the State Bar concluded that it met the criteria for summary disbarment.
The order took effect December 17
Steven R. Davis,
State Bar #182231, Modesto (November 2
In aggravation, Davis had a record of prior discipline. Also, he engaged in multiple acts of misconduct. In mitigation, Davis cooperated with the State Bar by entering into a stipulation.
The order took effect December 2
Thomas A. Hawbaker,
State Bar #140654, Omaha, NE (November 9
In aggravation, Hawbaker engaged in multiple acts of wrongdoing that involved the client trust account. His misconduct significantly harmed his client. Further, he failed to demonstrate remorse for his wrongdoing. In mitigation, Hawbaker had no record of prior discipline since being admitted to the bar in 1989.
The order took effect December 9
Bruce E. Karatz,
State Bar #48088, Los Angeles (November 30
In April 2010 Karatz was found guilty of violating 18 U.S.C. § 1341, mail fraud, and for making false statements in a quarterly report filed with the Securities and Exchange Commission. The conviction is now final and the State Bar concluded that it met the criteria for summary disbarment.
In aggravation, Karatz’s offense involves moral turpitude.
The order took effect December 30
Michael S. Kucsan,
State Bar #187828, Atlanta, GA (November 28
From 2005 through 2008, Kucsan deliberately harassed a female employee of the Riverside County Superior Court. He routinely telephoned the victim and would hang up without saying a word. This continued after the victim was transferred to other courthouses. In one incident, Kucsan made racist comments to the victim. A wiretap was installed in the fall of 2008, which revealed that Kucsan had made the calls. He eventually confessed. In February 2009 Kucsan pleaded guilty to one count of stalking with a hate crime enhancement, and one count of making telephone calls with the intent to annoy or harass. The conviction is now final and the State Bar concluded that it met the criteria for summary disbarment.
In aggravation, Kucsan deliberately lied to investigators, and he displayed indifference toward rectification of or atonement for the consequences of his misconduct.
The order took effect December 28
Benjamin T. Woun Lee,
State Bar #169034, Torrance (November 9
In aggravation, Lee had a record of prior discipline, and his misconduct resulted in significant harm to his client. Also, he failed to cooperate with the State Bar during its investigation and proceedings.
The order took effect December 9 |
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