Latest Scandal! Comic Book Dealer Disbarred As Lawyer!!!!

qualitycomix · January 25, 2006

Owns most of the Pacific Coast pedigree copies. Long time collector. New dealer. Big CGC submitter. Has an incredible collection. Runs a consignment service thru pedigreecomics.com.

october · January 25, 2006

Hope that's a joke...

Ares · January 25, 2006

Thanks folks!

sterlingcomics · January 25, 2006

yes....and no. So does this affect his standing as a comic dealer? Weigh in! At least now I know where he got the funds for his killer kollection.

Hey did everyone catch the...

"not an isolated incident" line? Classic.

october · January 25, 2006

I guess that's for each person to decide. As a member of the Illinois Bar, I am sure it isn't hard to guess my feelings on the matter.

The Black Hand ® · January 25, 2006

How would that affect his status as a comic book dealer? He fits right in.

qualitycomix · January 25, 2006

If you read the article, it appears that didn't gain financially from the transactions. Probably a combination of ineptness, and overprotecting his clients. Lawyers, is this correct?

esquirecomics · January 25, 2006

How about integrity? Trust issues? These are not isolated to practicing law or selling comics. They are inherent to the individual person.

These were no slight sins that were committed. They were cardinal. And indefensible.

Back in the early 1990s I worked for the NYS Client Protection Fund that sought to reimburse clients (usually dimes on the dollar, if that) whose lawyers stole from them. It is pathetic that this goes on. No doubt the Court was sending a deserved message that it will not be tolerated.

qualitycomix · January 25, 2006

That's what I felt when I read the article - ashamed to be a comic book dealer after all that's happened recently. Almost a dirty word these days.

sterlingcomics · January 25, 2006

Ironic isn't it?

Time to chime in Jim....the end, my only friend, the end.

WallStreet Trader-migratio · January 25, 2006

It's like they say on Wall Street........ It takes a BULL MARKET to Bring out the Crooks, but it takes a BEAR MARKET to catch 'em !

sterlingcomics · January 25, 2006

Actually, my sister had a situation in which the lawyer skipped town with her money.

WallStreet Trader-migratio · January 25, 2006

Correction..... I think I own most of them now.... at least, most of the ASM's.... anybody wanna Buy Them !!! I knew good and well I shoulda sold every book I had a year ago......... now own I won more of them

qualitycomix · January 25, 2006

SShhh! Don't tell everyone you're cashing in your PC chips! It'll hurt the high grade market!

The Black Hand ® · January 25, 2006

Think about it, how many of you have heard stories about dealers gloating about paying pennies to little old ladies for valuable comic collections.Anybody ever consider building something with their hands instead of thinking of shortcuts to make it rich?

blowout · January 25, 2006

Shortcuts?...Humans?...Couldn't imagine it happening.

esquirecomics · January 25, 2006

Fraid not. While some of the charges are nowhere near as serious as others (and likely occasionally occur with many attorneys), unfortunately the above description cannot be deemed accurate. Here are the disciplinary rules in question.

Charges 1 through 3 involve respondent's representation of an elderly client and his mishandling and intentional conversion of her settlement money in violation of DR 1-102(A)(4), 9-102(A) and 9-102©(4).

DR 1-102(A)(4). Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.

DR 9-102(A). Prohibition Against Commingling and Misappropriation of Client Funds or

Property.

A lawyer in possession of any funds or other property belonging to another

person, where such possession is incident to his or her practice of law, is a

fiduciary, and must not misappropriate such funds or property or commingle

such funds or property with his or her own.

DR 9-102©. Notification of Receipt of Property; Safekeeping; Rendering Accounts;

Payment or Delivery of Property.

A lawyer shall:

4. Promptly pay or deliver to the client or third person as requested by the

client or third person the funds, securities, or other properties in the possession

of the lawyer which the client or third person is entitled to receive.

Charges 4 through 25 concern respondent's handling of funds belonging to 22 other clients, including allegations that he failed to maintain their funds intact and permitting his escrow account to fall below the amount of money due each of them in violation of DR 9-102(A).

See above.

Charges 26 through 41 concern allegations that respondent commingled his personal funds with client funds in his escrow account in violation of DR 9-102(A) and (B)(1).

DR 9-102(B)(1)

B. Separate Accounts.

1. A lawyer who is in possession of funds belonging to another person incident

to the lawyer’s practice of law, shall maintain such funds in a banking

institution within the State of New York which agrees to provide dishonored

check reports in accordance with the provisions of Part 1300 of

the joint rules of the Appellate Divisions. “Banking institution” means a

state or national bank, trust company, savings bank, savings and loan

association or credit union. Such funds shall be maintained, in the

lawyer’s own name, or in the name of a firm of lawyers of which he or she

is a member, or in the name of the lawyer or firm of lawyers by whom he

or she is employed, in a special account or accounts, separate from any

business or personal accounts of the lawyer or lawyer’s firm, and separate

from any accounts which the lawyer may maintain as executor, guardian,

trustee or receiver, or in any other fiduciary capacity, into which special

account or accounts all funds held in escrow or otherwise entrusted to the

lawyer or firm shall be deposited; provided, however, that such funds

may be maintained in a banking institution located outside the State of

New York if such banking institution complies with such Part 1300, and

the lawyer has obtained the prior written approval of the person to whom

such funds belong which specifies the name and address of the office or

branch of the banking institution where such funds are to be maintained.

Charges 42 and 43 allege respondent failed to properly maintain required bookkeeping records in violation of DR 9-102(D)(1) and (2).

DR 9-102 D. Required Bookkeeping Records.

A lawyer shall maintain for seven years after the events which they record:

1. The records of all deposits in and withdrawals from the accounts specified

in DR 9-102 [1200.46](B) and of any other bank account which concerns

or affects the lawyer’s practice of law. These records shall specifically

identify the date, source and description of each item deposited, as

well as the date, payee and purpose of each withdrawal or disbursement.

2. A record for special accounts, showing the source of all funds deposited

in such accounts, the names of all persons for whom the funds are or were

held, the amount of such funds, the description and amounts, and the

names of all persons to whom such funds were disbursed.

Charges 44 and 45 allege he failed to file retainer and closing statements with OCA in connection with clients' personal injury matters involving contingency fees as required by 22 NYCRR 603.7 and in violation of DR 1-102(A)(5).

DR 1-102 [§1200.3] Misconduct.

A. A lawyer or law firm shall not:

5. Engage in conduct that is prejudicial to the administration of justice.

Charges 46 and 47 allege respondent assisted his clients in evading various liens, and child support and alimony payments in violation of DR 1-102(A)(4) and (7).

DR 1-102 [§1200.3] Misconduct.

A. A lawyer or law firm shall not:

4. Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.

7. Engage in any other conduct that adversely reflects on the lawyer’s fitness

as a lawyer.

Lastly, charge 48 alleges that by engaging in the above misconduct respondent engaged in conduct that adversely reflected on his fitness to practice law in violation of DR 1-102(A)(7).

See above.

Scheradon · January 25, 2006

Perhaps he needed to "borrow" these funds for the X-Men #1 and subsequent resubs?

So Mark, being an Attorney and familiar with these types of offenses, is this something that a lawyer could easily overlook by accident or mistakenly do? I would think as the court did, that his length of time being a lawyer, he should have, and probably did know better. I'm just still trying to gauge the effect this should have on his character and to know how bad these offenses are (I'm thinking very bad).

THE_BEYONDER · January 25, 2006

Reading the article, there were 3 words that stood out:

Good grief.

october · January 25, 2006

You don't need a lawyer to tell you these charges are serious. Did you read the article?

"Charges 1 through 3 involve respondent's representation of an elderly client and his mishandling and intentional conversion of her settlement money"

Conversion = theft. He stole/kept an old lady's case settlement money. Do you often "overlook" giving someone something they own? Do you often "mistakenly" take someone else's money and put it in your own back account? Of course not. Seriously, what else do you need to know.

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Latest Scandal! Comic Book Dealer Disbarred As Lawyer!!!!

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