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DISBARMENT
Douglas J. Haycock,
State Bar #95071, Sacramento (March 26
In three separate client matters, Haycock was charged with failing to competently perform legal services, failing to communicate, failing to render appropriate accounts, violating a court order, and improperly withdrawing from representation.
The order took effect April 25
Fred Rucker,
State Bar #82754, Los Angeles (March 13
In aggravation, Rucker had a record of prior discipline. Also, he failed to comply with conditions to a previous order of discipline requiring him to make restitution to former clients.
The order took effect April 12
Kathie J. Simmons,
State Bar #129727, Santa Rosa (March 26
In September 2010 a client retained Simmons in a bankruptcy matter. Simmons collected $2,500 in advance fees, which included a filing fee. She failed to pay the filing fee, which resulted in the dismissal of her client’s bankruptcy petition. Thereafter, Simmons failed to make timely installment payments to reinstate the matter. She also failed to seek reimposition of the automatic stay, and failed to appear at the first meeting of creditors despite having received adequate notice. In January 2011 the client terminated Simmons’s representation. At the time, Simmons owed the client $2,226 in advance fees, which she failed to fully refund. The bankruptcy court later sanctioned Simmons for filing applications falsely representing that her client was unable to pay the filing fees except in installments, and for falsely representing that she had the client’s original signatures on the applications. Simmons failed to report this judicial sanction to the State Bar. In addition, Simmons failed to comply with conditions to a private reproval that required her to file quarterly reports and provide proof of attendance at State Bar Ethics School and State Bar Trust Accounting School, proof of restitution payments, and proof of timely passage of the Multistate Professional Responsibility Exam.
In aggravation, Simmons had a record of prior discipline. Also, her misconduct involved a trust violation that caused significant harm to a client, and it demonstrated a pattern of wrongdoing.
The order took effect April 25
David A. St. John,
State Bar #48746, Oxnard (March 13
In one matter, St. John failed to pursue his clients’ bankruptcy case and failing to request the court’s approval for a $15,000 advance fee he had collected. Later, he failed to obey a court order requiring him to return the advance fee and to pay the bankruptcy court $2,000 each month until he disgorged the full amount. St. John failed to refund the unearned portion of the advance fee, and he failed to cooperate in the State Bar’s investigation and proceedings. In a second matter, St. John failed to oppose numerous motions in his client’s lawsuit, resulting in dismissal of the case. Also, he failed to appear at three bankruptcy court hearings on his client’s behalf, failed to refund $5,000 in unearned advance fees, and failed to cooperate in the State Bar’s investigation. In a third matter, St. John collected $25,000 in advance fees, and an additional $2,000 to be paid to a nonattorney as a referral fee, without obtaining bankruptcy court approval. He failed to account for the advance fees, failed to refund the unearned fees, failed to promptly return his client’s file, and failed to cooperate in the State Bar’s investigation.
St. John was ordered to make restitution of $47,000 in three client matters
The order took effect April 12
Robert M. Victor,
State Bar #156232, Woodland (March 8
In February 2011 Victor was hired to represent a client in connection with negotiations to produce a film. Victor sent an email to the other party, a film studio, requesting that it wire $500,000 to his client trust account. However, his client had no intention of maintaining the funds in Victor’s trust account. Although the studio was led to believe that Victor’s client would deposit $1.5 million into the trust account, he did not do so. At his client’s instruction, Victor began to disburse the studio’s funds from the trust account. Within two days, Victor had removed all the funds from the account through various transfers. When the studio contacted Victor to confirm his client’s deposit of his own funds into the trust account, Victor forwarded a statement of another account through computer “screenshots” of another account as a statement. When the studio tried to contact him, Victor did not respond. The screenshots were eventually revealed to be completely bogus, as the account did not exist. Victor and his client then entered into an agreement with a second studio, using a similar arrangement. The second studio transferred to the client trust account $475,000, which Victor immediately began to disburse. Victor’s client did not deposit any funds into the account. As soon as the second studio became aware of the situation, it demanded that its funds be returned. Victor again provided a computer screenshot, purportedly showing that $925,000 was being held in an account. In May 2011 Victor filed a complaint in an interpleader action. However, he did not deposit any funds with the court. The court later ordered that Victor transfer the funds into an escrow account, but he failed to do so. Eventually, the first studio filed a cross-complaint against Victor for breach of fiduciary duty, fraud, negligent misrepresentation, negligence, breach of contract, conversion, and constructive trust. The second studio also filed an action against Victor. In June 2011 the court found Victor in contempt for failing to follow court orders.
In aggravation, Victor was found culpable of four counts of misconduct. His misconduct significantly harmed two film studios, and he failed to demonstrate any realistic recognition of or remorse for his wrongdoing. He displayed a lack of candor by claiming ignorance and innocence. In mitigation, Victor had no record of prior discipline since being admitted to the State Bar in 1991.
The order took effect April 7
Bruce S. Weiner,
State Bar #78533, Cerritos (March 26
In aggravation, Weiner had a record of prior discipline. He engaged in multiple acts of wrongdoing that resulted in significant financial harm to several of his clients.
The order took effect April 25 Actions From Previous Issues
Christopher E. Arras,
State Bar #169854, Petaluma (February 21
This action originally appeared in our May
Clarence M. Balingit,
State Bar #194890, Florence, AZ (January 9
This action originally appeared in our April
Enid G. Ballantyne,
State Bar #84279, Pasadena (January 23
In 2005, a client employed Ballantyne to represent her in various legal matters. In June 2006, the client inherited $259,000. The client requested that Ballantyne hold the funds in a client trust account because she owed money to the IRS. After advising the client of the potential criminal consequences of not filing federal tax returns, Ballantyne agreed to hold the money in her trust account. The following year Ballantyne began experiencing financial difficulties and started to take some of the client’s money from the trust account to cover her own expenses. In July 2008 the client retained a new attorney, who wrote to Ballantyne inquiring about the funds and requesting an accounting. Ballantyne did not respond to the letter. In January 2009 Ballantyne wrote the client a letter acknowledging that she had made a mistake, and she promised to begin making monthly repayments of $500. Seven months later, the client’s new lawyer once again sent Ballantyne a letter demanding an accounting. Ballantyne made some payments to the client, but she still owed a balance of $11,725. Finally, in February 2011, the client filed a complaint with the State Bar.
In aggravation, Ballantyne committed multiple acts of wrongdoing that significantly harmed her client. In mitigation, she had no record of discipline since being admitted to the State Bar in 1978. Also, she entered into an extensive stipulation of facts.
The order took effect February 22
Jennifer J. Beerman,
State Bar #207877, La Quinta (December 31
In aggravation, Beerman’s misconduct significantly harmed her client. Also, she engaged in multiple acts of wrongdoing. In mitigation, Beerman had no record of prior discipline since being admitted to the State Bar in 2000.
The order took effect January 31
Wyman P. Berryessa,
State Bar #196843, Beirut, (January 25
This action originally appeared in our April
David F. Brown,
State Bar #172130, Modesto (February 14
This action originally appeared in our May
Susana R. Chung,
State Bar #177006, Los Angeles (January 9
In 2011 Chung was charged with 28 felonies, including 12 counts of violating Penal Code § 549, which involved unlawful solicitation, acceptance, or referral of business with knowledge of, or reckless disregard for, intent to file fraudulent claims. She was also charged with several counts related to insurance fraud. The criminal prosecution was the result of a four-year investigation conducted by the Alameda County District Attorney’s Office, the California Department of Insurance, and the California Highway Patrol. Called “Phantom Menace,” the probe revealed that from 2003 through 2007, Chung paid fees to a capper and submitted false and fraudulent insurance claims for at least 12 staged automobile accidents, including fraudulent chiropractic treatment and inflated damages. Several individuals involved in the fraudulent insurance scheme were also convicted. Chung profited by keeping portions of the payments received from the insurance carriers. At all times, Chung knew that the cases she was purchasing from the capper were fraudulently staged accidents. In May 2011 Chung entered a plea of no contest and was convicted of two felony violations of Penal Code § 549. She was sentenced to two days in jail and five years of probation. In addition, she was ordered to pay restitution of $118,000 to the victims of her misconduct, and $118,000 in fines to the court. The conviction is now final, and the State Bar concluded that it met the criteria for summary disbarment.
In aggravation, Chung committed multiple acts of wrongdoing that demonstrated a pattern of misconduct. Moreover, her misconduct was surrounded by bad faith and dishonesty that caused significant harm to the public and the administration of justice. Also, she demonstrated indifference by refusing to timely pay restitution to the victims or fines to the court. In mitigation, Chung cooperated with the State Bar by entering into a stipulation.
The order took effect February 8
Frank W. Dedman, Jr.,
State Bar #39050, Sacramento (January 9
In aggravation, Dedman had a record of prior discipline.
The order took effect February 8
Robert E. Dowd,
State Bar #93284, Bakersfield (February 21
In aggravation, Dowd had a record of prior discipline. He committed multiple acts of wrongdoing, and he demonstrated indifference toward recti-fication of or atonement for the consequences of his misconduct. In mitigation, Dowd cooperated with the State Bar by entering into a comprehensive stipulation.
The order took effect March 21
Stephen C. Downey,
State Bar #70689, Woodland Hills (February 21
In aggravation, Downey had a record of prior discipline. In mitigation, he cooperated with the State Bar by entering into a stipulation.
The order took effect March 23
Ronald G. Finch,
State Bar #70822, Scottsdale, AZ (February 14
In aggravation, Finch had a record of prior discipline. He committed multiple acts of wrongdoing, and he demonstrated indifference toward rectification of or atonement for his misconduct.
The order took effect March 16
Ramon M. Gonzalez,
State Bar #220891, Hollywood (February 14
This action originally appeared in our May
Eugene M. Hannon,
State Bar #85632, Walnut Creek (January 15
In aggravation, Hannon committed multiple acts of wrongdoing. His misconduct caused significant harm to his client, and he failed to make restitution. Also, he failed to appreciate or understand the wrongfulness of his conduct. In mitigation, Hannon had no record of discipline since being admitted to the State Bar in 1979. He cooperated by entering into a stipulation of facts.
The order took effect February 14
John M. Harrison,
State Bar #144964, Newport Beach (January 15
In May 2009 a client signed a retainer agreement with Harrison for a home loan modification matter and authorized him to take from his bank account $3,750 in advance legal fees. Between then and August, the client called Harrison’s law office numerous times to inquire about the status of the case, but Harrison did not respond. In August the client requested a refund of unearned fees. In September the client received a notice of foreclosure from his lender, Bank of America, and he filed for bankruptcy. Harrison provided no services of value to the client and did not refund any portion of the legal fees. In a second matter, in September 2009 two clients in Hawaii received an unsolicited mailing from Waypoint Law Group Inc., which was run by Harrison, notifying them that they had been pre-selected for a loan modification. Harrison was not admitted to practice law in Hawaii. The clients called Waypoint and spoke to a nonattorney employee, who informed them that they would be charged a flat fee of $4,450 for a loan modification. The clients agreed to hire Waypoint and paid the fee. That November, Bank of America told the clients that it had received documentation from Waypoint, but advised them to negotiate with the bank directly because they would not be charged a fee. The clients received a fee refund of $2,175 from Bank of America, but Harrison never refunded the advance legal fees he had accepted. There were twelve other matters involving similar conduct that warranted discipline.
In aggravation, Harrison had a record of prior discipline, and he engaged in multiple acts of wrongdoing that significantly harmed his clients. In mitigation, Harrison cooperated with the State Bar by entering into a stipulation of facts.
The order took effect February 14
Kevin M. Healy,
State Bar #173479, Santa Rosa (January 16
In aggravation, Healy had a record of prior discipline. Over the course of four years, he committed multiple acts of wrongdoing by filing frivolous pleadings and disobeying court orders, thereby establishing a significant pattern of misconduct. Also, he demonstrated a lack of remorse and insight regarding his actions.
The order took effect February 15
Frank J. Ingrassia,
State Bar #123918, West Palm Beach, FL (January 9
On December 21, 2010, Ingrassia pleaded guilty to forgery and uttering forged instruments in violation of Florida Statutes §§ 831.01 and 831.02.2. The conviction is now final, and the State Bar
concluded that it met the criteria for summary disbarment.
The order took effect February 8
John E. Jones,
State Bar #69051, Daly City (January 15
In June 2011 Jones was suspended for 90 days and placed on two years of probation. He failed to comply with conditions to the disciplinary order, and failed to comply with rule 9.20 of the Rules of Court.
The order took effect February 14
Kevin P. Kelley,
State Bar #140462, Santa Ana (January 25
In aggravation, Kelley had a record of prior discipline, and he committed multiple acts of wrongdoing that significantly harmed his client. Also, he demonstrated indifference toward rectification of or atonement for his misconduct by failing to promptly refund unearned fees. In mitigation, Kelley cooperated with the State Bar by entering into a stipulation.
The order took effect February 24
Craig M. Laverty,
State Bar #176586, Laguna Niguel (March 7
This action originally appeared in our May
Alexandre N. Lebecki,
State Bar #152475, Los Angeles (February 21
In aggravation, Lebecki’s misconduct involved trust fund violations that harmed his clients. Also, he engaged in multiple acts of wrongdoing. In mitigation, Lebecki had no record of prior discipline since being admitted to the State Bar in 1991, and he entered into a comprehensive stipulation prior to trial.
The order took effect March 23
Howard R. Levine,
State Bar #105973, San Fernando (February 27
In aggravation, Levine had a record of prior discipline. He committed multiple acts of wrongdoing, and he demonstrated indifference toward rectification of or atonement for the consequences of his misconduct. In mitigation, Levine cooperated with the State Bar by entering into a stipulation.
The order took effect March 29
Steven P. Mancuso,
State Bar #218585, Utica, NY (January 9
In June 2010 a New York court found Mancuso guilty of one count of conspiracy to commit mail fraud in violation of 18 U.S.C. §§ 371, 1341, a felony involving moral turpitude. The conviction is now final, and the State Bar has concluded that it met the criteria for summary disbarment.
The order took effect February 8
Ric A. Militello,
State Bar #193675, San Diego (February 7
In aggravation, Militello had a record of prior discipline.
The order took effect March 9
Fadlo Mousalam,
State Bar #38640, Castro Valley (February 21
This action originally appeared in our May
Eden B. Noe,
State Bar #236172, Playa Vista (February 21
This action originally appeared in our May
Lawrence M. Perlmutter,
State Bar #126165, Boston, MA ().
Perlmutter, 53, was disbarred following his conviction for violating 18 U.S.C. §§ 1956(h) and 1956(a)(3), conspiracy to commit money laundering, and money laundering; and 31 U.S.C. § 5324(b)(1), failure to file a currency report, felonies involving moral turpitude. The conviction is now final, and the State Bar concluded that it met the criteria for summary disbarment.
Paul W. Petersen,
State Bar #170922, Huntington Beach (February 7
Although Petersen initially filed responses to the notices of disciplinary charges against him, he failed to appear for trial. He was ordered to pay restitution of $30,711.
The order took effect March 9
John A. Pettis,
State Bar #51334, Pleasant Hill (January 9
This action originally appeared in our April
Michael S. Pratter,
State Bar #40277, Las Vegas, NV (February 7
In aggravation, Pratter had a record of prior discipline, and he engaged in multiple acts of wrongdoing that harmed his client. In mitigation, Pratter cooperated with the State Bar by entering into a stipulation.
The order took effect March 9
James V. Reiss,
State Bar #128020, Rancho Cucamonga (February 14
In aggravation, Reiss’s misconduct involved multiple acts of wrongdoing involving six clients, including a ten-year pattern of deception to cover up the mismanagement of their cases. He also significantly harmed several clients. In addition, Reiss displayed a lack of insight and remorse, making him an ongoing danger to the public. In mitigation, Reiss had no record of prior discipline since being admitted to the State Bar in 1987.
The order took effect March 16
Rene W. Sanz,
State Bar #175351, Los Angeles (January 15
In aggravation, Sanz committed multiple acts of wrongdoing that caused significant harm to his clients. In mitigation, Sanz had no record of prior discipline since being admitted to the State Bar in 1994. Also, he cooperated by entering into a stipulation.
The order took effect February 14
Charles J. Slone,
State Bar #146307, San Jose (January 9
In 2009 Slone was convicted of violating Penal Code § 148(a)(1), resisting arrest, based on his actions following an arrest for public intoxication. Although the facts and circumstances surrounding Slone’s conviction did not involve moral turpitude, they did constitute other misconduct warranting discipline. His conviction is now final, and the State Bar has concluded that it met the criteria for summary disbarment.
The order took effect February 8
Stephen S. Smith,
State Bar #108137, Venice (January 25
This action originally appeared in our April
Hamid Taghizadeh,
State Bar #194627, Encino (February 14
This action originally appeared in our May
Phich K. Taing,
State Bar #244372, Alhambra (February 14
This action originally appeared in our May
William P. Terhune,
State Bar #129210, Pismo Beach (February 14
This action originally appeared in our May
Cynthia A. Thomas,
State Bar #96180, Elk Grove (January 9
This action originally appeared in our April
James A. Wall,
State Bar #197981, Napa (January 15
This action originally appeared in our April |
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