Illinois Supreme Court disbars 11, suspends 39

The Illinois Supreme Court has 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. More information on each case is available at the ARDC website.

DISBARRED

  • William Charles Chesbrough, Elgin
Mr. Chesbrough, who was licensed in 1980, was disbarred. He misappropriated more than $113,000 that he was holding for a client in connection with the client’s deceased mother’s estate. In addition, in two separate real estate matters, he converted more than $28,000 that he was holding either as earnest money or to pay real estate taxes.
  • Alan Samuel Cohen, St. Louis
Mr. Cohen was licensed in Missouri in 1992 and in Illinois in 1993. He was disbarred in Missouri for failing to maintain a client trust account and for using client and third party funds to pay office and personal expenses. The Illinois Supreme Court imposed reciprocal discipline and disbarred him.
  • Joseph Patrick Collins, Chicago
Mr. Collins, who was licensed in 1975, was disbarred on consent. He was convicted in federal court of conspiracy, securities fraud and wire fraud. The conviction was based on his conduct while serving as outside counsel for Refco Inc., a commodities brokerage firm. Mr. Collins participated with others in an eight-year scheme to hide the company’s financial situation by making false and fraudulent statements to various parties, including banks, auditors, investors and the Securities Exchange Commission.
  • C. Wayne K. Davis, St. Louis
Mr. Davis was licensed in Missouri in 1996 and in Illinois in 1999. He was disbarred in Missouri after a felony conviction. He misappropriated at least $25,000.00 from his employer, the Edward Jones Company. The Illinois Supreme Court imposed reciprocal discipline and disbarred him.
  • Kelly Christine Garland, Chicago
Ms. Garland, who was licensed in 2002, was disbarred on consent. She falsified court orders and an affidavit in five different domestic relations matters in order to conceal from her clients the true status of their cases.
  • Thaddeus James Hunt, Chicago
Mr. Hunt, who was licensed in 2002, was disbarred. He misappropriated $10,274.67 in client funds, neglected seven client matters, failed to communicate with clients and abandoned his law practice.
  • Brainerd William LaTourette III, St. Louis
Mr. LaTourette was licensed in Missouri in 1982 and in Illinois in 1983. He was disbarred in Missouri for failing to perform his duties as trustee for a family trust, disobeying a court order, engaging in the unauthorized practice of law, and failing to participate in disciplinary proceedings against him. The Illinois Supreme Court imposed reciprocal discipline and disbarred him.
  • James A. Reskin, Louisville, Ky.
Mr. Reskin, who was licensed in Illinois in 1982, was disbarred on consent. He was convicted in the United States District Court for the Northern District of Oklahoma on charges of obstructing a criminal investigation by making false and misleading statements to the Internal Revenue Service and the United States Department of Justice.
  • Kenneth Alan Runes, Mount Prospect
Mr. Runes, who was licensed in 1991, was disbarred. He misappropriated over $13,000 in client funds, neglected numerous client matters, failed to communicate with clients, failed to refund unearned fees, and did not cooperate with the ARDC investigation. Mr. Runes did not participate in his disciplinary hearing. He failed to participate in his disciplinary proceeding.
  • Lawrence Scott Wick, Ft. Walton Beach, Fla.
Mr. Wick, who was licensed in Illinois in 1971, was disbarred. He billed more than $1 million to two corporate clients for work that he had never performed.
  • Bradford Thomas Yaker, Bingham Farms, Mich.
Mr. Yaker was licensed in Illinois in 1988 and in Michigan in 1995. He was disbarred in Michigan for repeatedly representing to a client that he had filed a securities claim for the client when he had not done so. In addition, he falsely informed the client that he had reached a settlement in the matter and provided the client with a fictitious settlement agreement providing for a $30,000 payment. The Illinois Supreme Court imposed reciprocal discipline and disbarred him.

SUSPENDED

  • Gilda Vahdani Amini, Chicago
Ms. Amini, who was licensed in 1995, was suspended for six months. She converted approximately $8,400 of escrowed funds that she was supposed to hold in relation to a real estate transaction. She also provided false testimony to the ARDC about her conduct. The suspension is effective on October 11, 2010.
  • Richard Ivan Bass, Chicago
Mr. Bass, who was licensed in 1961, was suspended for ninety days. He failed to appear for a status date in connection with his client’s consolidated workers’ compensation claims, resulting in the dismissal of the claims for want of prosecution. He also failed to initially cooperate with the ARDC investigation of the matter. The suspension is effective on October 11, 2010.
  • James Richard Carey, Chicago
Mr. Carey, who was licensed in 1989, was suspended for thirty days. He failed to appear in connection with a chancery suit, resulting in the dismissal of his client’s case for want of prosecution. He also misrepresented the status of the matter to his client for several years after the suit was dismissed. The suspension is effective on October 11, 2010.
  • Peter Reynolds Coladarci, Chicago
Mr. Coladarci, who was licensed in Illinois in 1982, was suspended for three months. He engaged in the unauthorized practice of law when, during a suspension from the practice of law for unrelated misconduct, he wrote an appellate brief on behalf of a client and filed the brief using the name of an attorney who was authorized to practice. The suspension is effective on October 11, 2010.
  • Wes Cowell, Chicago
Mr. Cowell, who was licensed to practice law in Illinois in 1991, was suspended for three years and until further order of Court, with the suspension stayed after eighteen months by a period of probation with conditions. He mismanaged $45,256.59 in funds belonging to a client in a domestic relations matter. The suspension is effective on October 13, 2010.
  • Theodore Ross Diaz, Alton
Mr. Diaz, who was licensed in 1982, was suspended for one year and until further order of the Court. He agreed to settle the client’s civil case without the client’s authority, advanced living expenses to the client, and failed to file a medical malpractice case on the client’s behalf. He was previously disciplined.
  • George Richard Flynn, Bloomington
Mr. Flynn, who was licensed in 1970, was suspended for three years and until further order of the Court, with the suspension stayed after eighteen months by a two-year period of probation with conditions. While serving as co-trustee of a trust that he created to benefit his client’s developmentally disabled adult son, he borrowed $127,682 over a four-year period without making proper disclosures to the co-trustee about his conflict of interest, about his financial status, and without advising the co-trustee to consult independent counsel. He subsequently filed personal bankruptcy, listing the trust as a creditor, and his loan from the trust was discharged. The suspension is effective on October 13, 2010.
  • Nicholas L'Ouverture Gerren, Jr., Dayton, Ohio
Mr. Gerren was licensed in Ohio in 1973 and in Illinois in 1980. He was suspended in Ohio for eighteen months for converting $12,000 in client funds, neglecting two different client matters, and failing to include a $7,500 fee paid to him by a client in the client’s bankruptcy petition. The Illinois Supreme Court imposed reciprocal discipline and suspended him for eighteen months. The suspension is effective on October 11, 2010.
  • Daniel Steven Gradows, Chicago
Mr. Gradows, who was licensed in 2004, was suspended for one year and until further order of the Court and until he makes certain restitution. He neglected two client matters, misrepresented the status of a matter to a client, converted funds, and failed to refund unearned fees.  He did not appear at his disciplinary hearing.
  • Melvin H. Hoffman, Ottawa
Mr. Hoffman, who was licensed in 1973, was suspended for six months and until further order of the Court. He made false and offensive statements about a circuit court judge, an administrative law judge, and an opposing attorney during the course of three separate proceedings.
  • Theresa Lea Jones, Geneseo
Ms. Jones, who licensed in Illinois in 1989, was suspended for one year. She breached a fiduciary duty and engaged in a conflict of interests when she assisted a close friend in the purchase of farm property from elderly clients at significantly undervalued prices. She also failed to comply with her client’s directive to offer a tenant farmer the first opportunity to purchase the farm. The suspension is effective on October 11, 2010.
  • Robert Raymond Jung, Phoenix, Ariz.
Mr. Jung was licensed in Illinois in 1991 and in Arizona in 1992. He was twice suspended in Arizona, the first time for six months followed by six months probation with conditions, the second time for sixty days followed by two years probation with conditions. He failed to refund unearned fees, did not communicate with clients, failed to promptly withdraw upon discharge in three criminal matters, and misused his client trust account, causing it to become overdrawn. The Illinois Supreme Court imposed reciprocal discipline and suspended him for eight months and until he is reinstated in Arizona. He was also placed on probation until his current period of probation in Arizona is successfully completed. The suspension is effective on October 11, 2010.
  • Ravi Kanwal, Denver, Colo.
Mr. Kanwal was licensed in Colorado in 1992 and in Illinois in 1994. He was suspended in Colorado for one year and one day for filing over 4,700 applications seeking immigration benefits for clients before the United States Citizenship and Immigration Services and its predecessor agency at a time when he himself did not have lawful immigration status in the United States. The Illinois Supreme Court imposed reciprocal discipline and suspended him for one year and one day and until he is reinstated in Colorado. The suspension is effective on October 11, 2010.
  • Brian Edward King, Springfield
Mr. King, who was licensed in 2000, was suspended for nine months and until he makes certain restitution and attends and successfully completes the Professionalism Seminar of the Illinois Professional Responsibility Institute. He converted $15,010 from his law firm and attempted to hide the conduct from his firm. The suspension is effective on October 13, 2010.
  • Christian Lawrence Kline, Chicago
Mr. Kline, who was licensed in Illinois in 1996, was suspended for three months and until he attends and successfully completes the Professionalism Seminar of the Illinois Professional Responsibility Institute. While working on a temporary assignment for a large law firm, he billed a client for work that he did not perform. The suspension is effective on October 13, 2010.
  • David Mark Laz, Lisle
Mr. Laz, who was licensed in 1982, was suspended for one year and until further order of the Court. He engaged in an ex parte communication with a judge and misled the court during the course of that conversation.
  • Robert S. Luce, Rolling Meadows
Mr. Luce, who was licensed in 1972, was suspended for five months. He pled guilty to one count of obstruction of justice in federal court for falsely advising the United States Securities and Exchange Commission that an individual would not voluntarily appear for an interview. He was sentenced to a three-year term of probation and was ordered to pay a $30,000 fine. The suspension is effective on October 13, 2010.
  • Mark Maciasz, La Grange
Mr. Maciasz, who was licensed in 1992, was suspended for one year. While employed as a full-time attorney at successive law firms, he secretly operated his own separate law practice. He submitted an employment application to the second law firm that contained false information, including falsified tax records, in order to hide his outside income and clients from the firm. The suspension is effective on October 13, 2010.
  • Beverly B. Mann, South Lyon, Mich.
Ms. Mann, who was licensed in Illinois in 1979, was suspended for two years and until further order of the Court. She made false and defamatory statements about federal judges, failed to pay sanctions imposed against her by the United States Court of Appeals for the Seventh Circuit, and represented a client before that court after being stricken from its roll of attorneys authorized to practice.
  • Chad Michael Manuel, Chicago
Mr. Manuel, who was licensed in 2004, was suspended one year and until further order of the Court. He neglected two different client matters, failed to communicate with a client, and did not refund unearned legal fees.
  • Baltazar Mendoza, Chicago
Mr. Mendoza, who was licensed in Illinois in 2001, was suspended for thirty days and is required to attend and successfully complete the Professionalism Seminar of the Illinois Professional Responsibility Institute. He neglected two civil matters and made false statements to one of his clients regarding the status of settlement negotiations in the client’s case. The suspension is effective on October 13, 2010.
  • Patrick Joseph O'Malley, Jr., Palos Park
Mr. O’Malley, who was licensed in 2003, was suspended for six months and until further order of the Court, with the suspension stayed in its entirety by a two-year period of probation with conditions. He neglected a breach of contract matter and then misrepresented the status of the case to his client.
  • Elliot James Peskind, Scottsdale, Ariz.
Mr. Peskind was licensed in Illinois in 1968 and in Arizona in 1972. The Supreme Court of Arizona twice ordered him censured and, each time, placed him on probation for one year subject to conditions.  He used letterhead which indicated he was a real estate law specialist after he had lost his specialty certification, misused his client trust account, and commingled personal funds with client funds. The Illinois Supreme Court imposed reciprocal discipline and censured him. He was also placed on probation until he successfully completes the terms of the probation conditions imposed in Arizona.
  • Sue E. Radulovich, Grosse Pointe, Mich.
Ms. Radulovich was licensed in Michigan in 1981 and in Illinois in 1985. She was suspended on in Michigan for 120 days after she was found in contempt of court for violating a trial court injunction, filing a frivolous action, and disobeying a court order. The Illinois Supreme Court imposed reciprocal discipline and suspended her for 120 days. The suspension is effective on October 14, 2010.
  • Steven R. Robertson, Aurora
Mr. Robertson, who was licensed in 1982, was suspended for two years and until further order of the Court. He pled guilty to domestic battery after striking his wife in a restaurant and also engaged in a second act of domestic battery involving his daughter at their home. Mr. Robertson also neglected a probate matter. He failed to participate in his disciplinary proceeding.
  • Edward Eugene Robinson, Chicago
Mr. Robinson, who was licensed in 1977, was suspended for six months and until further order of the Court. He neglected a client’s civil rights matter and did not cooperate with the ARDC investigation into that matter.
  • James Jerome Romberg, Palatine
Mr. Romberg, who was licensed in 1970, was suspended for three months and until further order of the Court, with the suspension stayed in its entirety by a one-year period of probation with conditions. He engaged in the unauthorized practice of law when he continued to represent clients and appear in court despite having been removed from the Master Roll of Attorneys for failing to register. He also did not communicate with two clients and initially failed to cooperate with the ARDC investigation.
  • Chad William Sabora, Chicago
Mr. Sabora, who was licensed in 2005, was suspended for eighteen months and until further order of the Court. He was arrested in DeKalb County and charged with possession of heroin.  The charges were later dropped after he successfully completed drug school as part of an agreement with prosecutors. In addition, he pled guilty to driving under the influence.
  • Richard C. Sklare, Chicago
Mr. Sklare, who was licensed in 1989, was suspended for one year and until further order of the Court, with the suspension stayed after ninety days by a two-year period of probation subject to conditions. On six occasions, he wrote checks on his law firm account that were payable to doctors and falsely made it appear as though the payments were costs for treating firm clients. He then cashed the checks and used the proceeds for his own purposes. In addition, he advanced living expenses to a client. The suspension is effective on October 13, 2010.
  • Michael Jay Smith, Wabash, Ind.
Mr. Smith was licensed in Illinois in 1991 and in Indiana in 1993. Indiana suspended him for one year and until further order of the Court for misappropriating client funds and for failing to cooperate with the disciplinary proceedings. The Illinois Supreme Court imposed reciprocal discipline and suspended him for one year and until he is reinstated in Indiana. The suspension is effective on October 14, 2010.
  • Terry L. Stranke, Cleveland
Mr. Stranke was licensed in Illinois in 1976 and in Ohio in 1978. He was suspended in Ohio for six months for sharing legal fees with nonlawyers, neglecting two bankruptcy matters, permitting bankruptcy petitions to be filed without meeting with or speaking to his clients, and engaging in the unauthorized practice of law. The Supreme Court of Illinois imposed reciprocal discipline and suspended him for six months. The suspension is effective on October 11, 2010.
  • Howard Eugene Towles, South Holland
Mr. Towles, who was licensed in 1984, was suspended for one year and until further order of the Court.  He was convicted for driving under the influence, driving with open alcohol in his car, speeding, and driving with a suspended license. He also neglected a client’s criminal case and withdrew from the case without providing the client with important papers that the client needed. He has been disciplined before.
  • Timothy John Walsh, Palatine
Mr. Walsh, who was licensed in 1990, was suspended for two years and until further order of the Court, with the suspension stayed after five months by a three-year period of probation with conditions. While acting as a trustee for various life insurance trusts, he mismanaged approximately $87,000 of funds he held on behalf of the trusts. The suspension is effective on October 11, 2010.
  • David Michael Wise, Cleveland
Mr. Wise was licensed in both Ohio and in Illinois in 1987. He was suspended in Ohio for one year for threatening to bring criminal charges to gain an advantage for a client in a custody matter, misusing his client trust account, commingling funds, and writing checks on an account with insufficient funds. The Illinois Supreme Court imposed reciprocal discipline and suspended him for one year and until he is reinstated in Ohio. The suspension is effective on October 11, 2010.

CENSURED

  • Daniel Joseph Fumagalli, Chicago
Mr. Fumagalli, who was licensed in 1982, was censured. He twice acted as a witness to the execution of documents that had been signed outside of his presence.
  • Brent Alexander Smith, Chicago
Mr. Smith, who was licensed in Illinois in 1998, was censured and was required to attend and successfully complete the Professionalism Seminar of the Illinois Professional Responsibility Institute. He signed another attorney’s endorsement to a $2,000 client personal injury settlement draft without authority and delayed the resolution of that attorney’s fee claim.
  • Ted Maurice Word, Lansing
Mr. Word, who was licensed in 1998, was censured, ordered to attend and successfully complete the Professionalism Seminar of the Illinois Professional Responsibility Institute, and required to deposit certain funds with the Clerk of the Circuit Court of Cook County pending the resolution of a civil matter. He participated in the purported sale of two Chicago properties at the request of someone whom he believed to be the property owner’s daughter, but who, in fact, was a fraud artist who had stolen the owner’s identity. Rather than verify the fraud artist’s claims, Mr. Word held himself out as having the owner’s authority to act on her behalf, when, in fact, he did not, and he completed the closing relating to the purported sales. The Following Orders Were Entered By The Court in Disciplinary Cases Before The September 2010 Term But Were Not Included In Any Previous Information Release
  • Beth Ann Broyles, Evanston
Ms. Broyles, who was licensed in 1998, was suspended on an interim basis and until further order of the Court. She was convicted of conspiracy to commit visa fraud after she assisted a client in a scheme to place temporary foreign workers in employment positions in the United States in contravention of immigration law.
  • Dave Ellis Compton, Chicago
Mr. Compton, who was licensed in 1991, was suspended on an interim basis and until further order of the Court. He pled guilty to bringing contraband, cannabis, into the Cook County Criminal Court House Courtroom 308 detention area, a penal institution. He was sentenced to 18 months probation and ordered to pay fees and costs totaling $375.
  • Dennis F. Nalick, Alton
Mr. Nalick, who was licensed in 1978, was suspended on an interim basis and until further order of the Court. On April 12, 2010, he was charged by information in Madison County with the offense of financial exploitation of an elderly person, a class two felony. On May 5, 2010, the ARDC charged him with misconduct based on the same events that are at issue in the criminal case. Mr. Nalick has been disciplined on two prior occasions for unrelated misconduct.
  • Tom George Kontos, LaJolla, Calif.
Mr. Kontos, who was licensed in 1966, was suspended on an interim basis and until further order of the Court. He pled guilty in federal court to conspiring to obstruct a federal investigation into money laundering and drug trafficking. He provided false information concerning the ownership of real property in response to a federal Grand Jury subpoena, counseled another individual to provide false testimony to the Grand Jury, and instructed a witness concerning the specific false information the witness was to provide.
  • Raymond L. Prusak, Chicago
Mr. Prusak, who was licensed in 1980, was suspended for three years and until further order of the Court, with the suspension stayed after the first six months by probation with conditions, provided that he makes certain restitution. Because he violated the terms of his probation, the stay of his suspension was vacated, and he was suspended for the remaining two and one-half years of his suspension and until further order of the Court.
Posted on September 22, 2010 by Chris Bonjean
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