| Case Digest |
Petitioner was reinstated after having been disbarred on consent by Order of the Supreme Court of Pennsylvania dated July 1, 1993.
Petitioner’s disbarment was the result of his having misappropriated estate funds (Thomas J. Bushyager estate) and his having misappropriated client funds (Mary Poole). The loss to the Bushyager estate was $160,000 and the loss to Ms. Poole was $110,000. During the time frame of Petitioner’s misconduct, Petitioner’s secretary embezzled approximately $400,000 from Petitioner, including approximately $120,000 of Petitioner’s own funds. Petitioner testified that his neglect and mismanagement allowed his secretary to act without proper supervision.
Following Petitioner’s disbarment, criminal charges were filed against Petitioner and Petitioner subsequently pled guilty to one count of mail fraud and one count of interstate transportation of stolen securities. Petitioner was sentenced to a period of eighteen months of incarceration and was ordered to pay restitution, fines and costs.
At the reinstatement hearing, Petitioner presented evidence showing that he: complied with the conditions of his sentence and successfully completed his probation in 2002; reimbursed the Pennsylvania Lawyer’s Fund for Client Security in full, with interest; was a recovering alcoholic, who had ten years of sobriety; worked as a part-time law clerk for an attorney since 2000; and was remorseful over his misconduct and had no excuse for his actions. Petitioner also offered the testimony of eight character witnesses.
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