| Case Digest |
Respondent originally received an Informal Admonition. Attached to the IA was a condition that Respondent refund unearned fees to the complainant. At the time of the IA, Respondent had not complied with the condition but within a few days provided to CDC a letter addressed to complainant with a copy of a check in the amount due pursuant to the condition. As a result, CDC notified Respondent that the condition was completed. Shortly thereafter it was determined that the letter was sent to an old address. Subsequently, Respondent sent another check to complainant, which check was returned for insufficient funds. Formal charges were filed. At the hearing, ODC established that Respondent knew that the original letter was not sent to a valid address as Respondent had been notified on at least six occasions over a period of two and one-half years that the address was no longer valid and of the complainant’s correct new address. ODC also established that at the time Respondent issued both checks that she knew that there were insufficient funds in the account. Respondent eventually provided complainant with a check that was honored by the bank. |
