Attorney Registration And Disciplinary Commission of Supreme Court of Illinois Issues Amended Complaint Filed Regarding Daniel Rozenstrauch, Attorney…
Targeted News Service |
In the Matter of:
DANIEL ROZENSTRAUCH,
Attorney-Respondent,
No. 3128960.
Commission No. 2012PR00166
FILED ---
FIRST AMENDED COMPLAINT
COUNT I
(Misappropriation and failure to hold
1. On
2. On or about
3. On
4. On or about
5. In
6. On
7. Sometime before
8. On or about
9. On or about
10. At no time did anyone authorized to act for the Sandman, Levy and Petrich firm give Respondent authority to endorse check number 4160885 on the firm's behalf.
11. Sometime before
12. On or about
13. On or about
14. At no time did
15. At all times alleged in this complaint, 720 ILCS 5/17-3 provided that:
A person commits forgery when, with intent to defraud, he knowingly makes or alters any document apparently capable of defrauding another in such manner that it purports to have been made by another or at another time, or with different provisions, or by authority of one who did not give such authority.
16. As of
17. Between
18. As a result, between
19. By reason of the conduct described above, Respondent has engaged in the following misconduct:
a. failure to hold property (the proceeds of Zyskowski's settlements) of clients or third persons (Zyskowski or persons with liens against the settlements) that is in the lawyer's possession in connection with a representation separate from the lawyer's own property, by converting those funds by drawing the balance in his client trust account below the amount he received in connection with the representation, thereby converting that property to his own use, in violation of Rule 1.15(a) of the Illinois Rules of Professional Conduct (1990);
b. committing a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer by committing the crime of forgery by affixing the purported endorsements of Sandman, Levy and Petrich and the
c. conduct involving dishonesty, fraud, deceit or misrepresentation, by virtue of conduct including conversion and unauthorized use of Zyskowski's settlement proceeds for his own purposes and affixing false endorsements on settlement check, in violation of Rule 8.4(a)(4) of the Illinois Rules of Professional Conduct (1990)
COUNT II
(Misappropriation of client funds and failure to hold client funds separate from own property)
20. In the course of Respondent's deposit, maintenance and disbursement of client funds in his National City client trust fund account ending in numbers 1616 [subsequently
a. On or about
b. On or about
c. On or about
d. On or about
e. On or about
f. On or about
g. Prior to
Collins and Bargione (for estate heirs)
On
21. By reason of the conduct outlined above that occurred before
a. #
failure to hold property (funds received from or on behalf of Siemczyk; Urbanski; Two
b. conduct involving dishonesty, fraud, deceit or misrepresentation by virtue of his conduct including the conversion and unauthorized use of funds belonging to Siemczyk; Urbanski; Two
22. By reason of the conduct outlined above that occurred on or after
a. #
failure to hold property (funds received from or on behalf of Siemczyk; Urbanski; Two
b. #
conduct involving dishonesty, fraud, deceit or misrepresentation, by virtue of his conduct including the conversion and unauthorized use of funds belonging to Siemczyk; Urbanski; Two
COUNT III
(Misappropriation of client funds and failure to hold
23. On
24. Shortly thereafter, Respondent met with
25. On
26. On
27. On
28. On
29. On
30. On
31. On
32. On
33. On
34. During the summer of 2012,
35. On
36. Between November, 2011, and
37. As of
38. Between
39. As
40. Between November, 2011 and
41. As a result of the action alleged in paragraphs 38 and 40, above, between
42. On
43. On
44. At that time, Respondent provided Krajewski with no information regarding the funds from Chase bank account ending in the four digits 3927. Respondent told Krajewski that Respondent had no involvement with the Chase account and that
45. Respondent's statements to Krajewski, referred to in paragraphs 43 and 44, above, were false and intended to mislead Krajewski, in that Respondent had previously withdrawn all the funds from Chase account ending 3927, a total of
46. By reason of the conduct described above, that occurred after
a. #
failure to hold property (funds belonging to the Estate of Cornelius Gillespie and its heirs), of a client or third persons (Estate of Cornelius Gillespie and its heirs) that is in the lawyer's possession in connection with a representation in a client trust account separate from the lawyer's own property by depositing the funds in a money-market or business account and later converting those funds by drawing the balance in the money market and business accounts below the amount he received in connection the representation, thereby converting the that property, violation of Rule 1.15(a) of the Illinois Rules of Professional Conduct (2010); and
b. #
conduct involving dishonesty, fraud, deceit or misrepresentation, by virtue of his conversion and unauthorized use of the Estate of Cornelius Gillespie's assets for his own purposes, and for falsely telling
WHEREFORE, the Administrator respectfully requests that this matter be assigned to a panel of the
Respectfully submitted,
Attorney Registration and
By:
Counsel for Administrator
Telephone: (312) 565-2600
TNS 30FurigayJof-140415-4703718 30FurigayJof
Copyright: | (c) 2014 Targeted News Service |
Wordcount: | 3992 |
N.J. Officials Fight Distracted Driving
Advisor News
Annuity News
Health/Employee Benefits News
Life Insurance News