Disciplinary Reporter Case Digest

Attorney ID 53323
Attorney Name Mizner, John F.
DBP Docket No. 46 DB 2007
Supreme Court Docket No. 1369 DD No. 3
County Erie
Disciplinary Counsel Samuel F. Napoli
Counsel for Respondent John E. Quinn
Decision Date 2008-08-28
Effective Date 2008-09-27
Case Digest Respondent defrauded his law firm of almost $70,000 over a seven month period by presenting false travel vouchers for "reimbursement." He resigned from the firm when his theft was discovered, and made restitution. He presented mitigation of obsessive-compulsive disorder, which caused him to obsessively landscape his property, to great expense, and for which the stolen funds were used.
Rule Violation(s) 8.4(b) and 8.4(c)
Discipline Imposed Suspension for 5 years, stayed in full with 5 years probation
Points of Law Theft from a law firm, with no injury to clients, with mitigation of causation by mental illness, justifies a stayed, rather than an actual, suspension from the practice of law.
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