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NEW FILINGS,
HEARING SCHEDULES AND CLERK'S OFFICE Recent Disciplinary Decisions from Supreme Court | Recently Filed Complaints and Reports | Announcements | Schedule of Hearings | Clerk’s Office Services ANNOUNCEMENT OF DISCIPLINARY DECISIONS Tuesday, March 17, 2009 10:00 A.M. LAWYER DISCIPLINARY ORDERS INFORMATION RELEASE The Supreme Court of Illinois on March 16, 2009, announced the filing of disciplinary orders involving a number of licensed lawyers. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics law. The attached list contains the name of each disciplined lawyer, the address at which the lawyer last practiced, and a brief summary of the misconduct that led to the sanction. The announcement of the orders may be reviewed at the Supreme Court of Illinois website: www.state.il.us/court. Unless otherwise noted, the mandate of discipline issued immediately. The Attorney Registration and Disciplinary Commission (ARDC), an Illinois Supreme Court agency, investigates alleged wrongdoing by Illinois attorneys, holds hearings on specific charges, and recommends discipline where warranted. The Supreme Court is, however, the only authority that can discipline lawyers for misconduct. The Supreme Court generally announces lawyer sanction orders during each formal term of Court. The Court convenes in term every January, March, May, September and November. There are approximately 87,000 attorneys in Illinois. Yearly fees are imposed on most Illinois lawyers to fund the ARDC. There are no tax dollars used to support the disciplinary system. The ARDC is composed of seven members, three of whom are non-lawyers. Attorney Benedict Schwarz II is the Commission Chairman. The ARDC Administrator is Jerome Larkin. For additional information concerning these disciplinary orders contact: James J. Grogan, Attorney Registration and Disciplinary Commission, Chicago. 312.565.2600 or 800.826.8625 The ARDC Website is: www.iardc.org
File Number: M.R. 22986, 08 CH 78 Mr. Allen, who was licensed in Illinois in 1991, was suspended for six months. While acting as an escrow agent in a residential real estate transaction, he improperly released to his client $30,000 in funds that he held, without the required authority of a court or the other party to the escrow contract. The suspension is effective on April 6, 2009.
In re
JOSHUA BLUM, Attorney Number 6274594 File Number: M.R. 22969, 08 CH 22 Mr. Blum, who was licensed in Illinois in 2001, was suspended for thirty days. On three occasions, at the request of his brother-in-law, he improperly notarized Illinois Statutory Short Form Powers of Attorney for Property, which facilitated the fraudulent transfer of property in connection with several instances of mortgage fraud or equity stripping. At the time, he was unaware that the documents were to be used in connection with fraudulent conduct. The suspension is effective on April 6, 2009.
In re WILLIAM EARL
BROOKS,
Attorney Number 308080 File Information: M.R. 22933, 05 CH 47 Mr. Brooks, who was licensed in 1977, was suspended for one year and until further order of the Court. He neglected client matters, failed to respond to client inquiries, did not return unearned fees, and filed an unwarranted bankruptcy petition after a bankruptcy court had barred his client from filing another petition. He was previously disciplined for similar misconduct.
In re TIMOTHY EDWARD CRONIN, Attorney Number
546747 File Information: M.R. 22880 08 CH 30 Mr. Cronin, who was licensed in 1976, was suspended for one year and until further order of the Court. He neglected an estate matter for one client and a corporate sale for another client. He also failed to communicate with his clients, did not refund an unearned fee, and failed to return to his clients all papers and property to which they were entitled. In addition, Mr. Cronin did not participate in his disciplinary proceeding. In
re MICHAEL THOMAS FOSTER, Attorney Number
6192000 File information: M.R. 22932, 09 RC 1501 Mr. Foster was licensed in Illinois in 1985 and in Indiana in 1990. He was suspended in Indiana for thirty days for issuing a check with insufficient funds to cover the amount of the check. The Illinois Supreme Court imposed reciprocal discipline and suspended him for thirty days.
In re BENJAMIN EDWARD
HARRISON, File Information: M.R. 22839, 06 CH 36 Mr. Harrison, who was licensed in 1996, was censured. He made false statements about the integrity of a judge and an assistant state’s attorney in connection with his representation of a criminal defendant in 2004.
In re MICHAEL A. HIERL,
Attorney Number 3128021 File information: M.R. 22958, 08 CH 66 Mr. Hierl, who was licensed in 1980, was suspended for thirty days and required to complete the Professionalism Seminar conducted by the Illinois Professional Responsibility Institute. He failed to properly withdraw an appearance after being discharged by his client and continued to represent that client before the United States Patent and Trademark Office. The suspension is effective on March 16, 2009. In re
JAROSLAW KOSACZ,
Attorney Number 3128902 File information: M.R. 22965, 08 CH 11 Mr. Kosacz, who was licensed in 1981, was censured. He neglected a client’s probate matter, failing to complete work on the estate until shortly before his disciplinary hearing. In re
DONALD F. MOONEN, Jr.,
Attorney Number 1948059 File information: M.R. 22946 and 22948, 09 RC 1502 & 09 RC 1503 Mr. Moonen was licensed in Illinois in 1976 and in Iowa in 1977. He was disciplined on two separate occasions in Iowa. First, he was reprimanded for failing to return corporate books at the request of a client and for not initially cooperating with the Iowa disciplinary investigation. Second, he was suspended for eighteen months for neglecting three estate matters, making loans to himself and to his wife from funds from one of the estates, and making misrepresentations to the probate court about taking his attorney’s fees out of estate funds in one of the matters. The Illinois Supreme Court imposed reciprocal discipline and ordered him reprimanded and suspended for eighteen months. The suspension is effective on April 6, 2009. In re
SHELDON BART NAGELBERG,
Attorney Number 2012146 File information: M.R. 22899, 04 CH 86 Mr. Nagelberg, who was licensed in 1975, was suspended for thirty days. He represented a client in a criminal case arising out of a federal investigation known as Operation Safe Roads. He charged a $150,000 flat fee, promising the client that he would go to trial on the case. The case did not go to trial but was resolved by a plea agreement. Mr. Nagelberg was determined to have charged an excessive fee and to have improperly divided a legal fee with another lawyer. The suspension is effective April 6, 2009.
In re MORRIS JAMES
NEAD, II, Attorney Number 6239563 File Information: M.R. 22964, 09 DC 1002 Mr. Nead, who was licensed in 1997, was disbarred on consent. He misappropriated funds and made material misrepresentations in connection with a real estate transaction.
In re ERIK SCOTT
NEWTON, Attorney Number 6287771 File Information: M.R. 22911, 08 CH 63 Mr. Newton, who was licensed in 2005, was suspended for six months. While an associate at a large law firm, he falsely billed approximately 207 hours of work to a client over a period of almost five months. The suspension is effective on April 6, 2009.
In re MICHAEL O. RILEY,
Attorney
Number 6197843 File Information: M.R. 22959, 09 RC 1504 Mr. Riley was licensed in Illinois in 1988 and in Washington in 1992. He was disbarred in Washington for neglect, failing to pay over funds to clients, theft, and failing to cooperate with the disciplinary investigation. The Illinois Supreme Court imposed reciprocal discipline and disbarred him.
In re HERBERT FRANCIS SCHULTZ, Jr.,
Attorney Number 6195159 File Information: M.R. 22957, 08 SH 106 Mr. Schultz, who was licensed in 1987, was suspended for thirty days. After agreeing to represent a client in a workers’ compensation matter, he took no steps to advance the claim, and lied to his client for twelve years, falsely telling him that his case was pending. The suspension is effective on April 6, 2009. In
re EDWARD JOSEPH VARGA, Attorney Number 6202045 File Information: M.R. 22897, 08 CH 18 Mr. Varga, who was licensed in 1989, was disbarred. He neglected eighteen different bankruptcy cases and failed to refund unearned fees in those matters. He failed to appear for his disciplinary hearing. In
re EDWARD ROBERT VRDOLYAK, Attorney Number
2912481 File Information: M.R. 22944, 09 DC 1001 Mr. Vrdolyak, who was licensed in 1963, was disbarred on consent. He pled guilty in federal court to charges of conspiracy to commit mail and wire fraud, by participating in a scheme to defraud the Finch University of Health Sciences/Chicago Medical School.
The Following Order Was Entered By The Court Before The March 2009 Term But Were Not Included In Any Previous Information Release
In re ERIC TYRONE TOLEN,
Attorney Number 6194108 File Information: M.R. 22873, 08 SH 120 (Order entered: February 3, 2009) Mr. Tolen, who was licensed in 1986, was suspended on an interim basis and until further order of the Court. He was convicted in Missouri of statutory sodomy in the first degree for engaging in deviate sexual intercourse with a minor under the age of fourteen, statutory sodomy in the second degree for engaging in deviate sexual intercourse with five persons under the age of 17 years, and with victim tampering, in that he attempted to prevent or dissuade one of his victims from assisting in the prosecution of the sodomy charges. He was sentenced to consecutive terms of imprisonment amounting to 65 years in jail. He was also fined $5,000. |