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Michael J. Wynne (WSBA No. 6534, admitted 1976), of Vancouver, was disbarred, effective December 27, 2010, by order of the Washington State Supreme Court following approval of a stipulation. This discipline is based on conduct in four different matters involving theft of funds.
Matter No. 1: Mr. Wynne represented clients in the sale of a large piece of real estate. In November 2003, after soliciting the clients to invest the proceeds of the sale in a real estate development project he was involved in, the clients gave Mr. Wynne a cashier’s check in the amount of $350,000. Instead of investing the funds on behalf of the clients, Mr. Wynne appropriated the funds for his own use. Over the next couple of years, Mr. Wynne told the clients that the development project was progressing and that everything was fine with their investment. These representations were false.
Matters Nos. 2 and 3: Mr. Wynne was hired by two different clients to assist them in purchasing real estate. In one matter, the client gave Mr. Wynne $78,000 to execute the sale of a piece of real property. After the lender was paid, $13,793 was due to the seller of the property. Mr. Wynne failed to pay the proceeds to the seller, instead appropriating the funds for his own use. In the second matter, the client gave Mr. Wynne $100,000 to cover the purchase of a building. Mr. Wynne took at least $37,431.46 of this money and appropriated it for his own use.
Matter No. 4: In 2005, Mr. Wynne handled an estate matter. The sole heir of the estate designated Mr. Wynne as an attorney-in-fact and as personal representative for the estate. Mr. Wynne appropriated approximately $325,000 from the estate for his own use. Over the next several years, Mr. Wynne assured the estate’s heir that the probate was proceeding appropriately, which was in fact false.
Mr. Wynne was charged with four counts of first-degree theft based on his conduct in these matters. On September 3, 2010, Mr. Wynne pled guilty to each of the four counts and was sentenced to 60 months in prison.
Mr. Wynne’s conduct violated RPC 8.4(b), prohibiting a lawyer from committing a criminal act (here, theft) that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects; RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; and RPC 8.4(i), prohibiting a lawyer from committing any act involving moral turpitude, or corruption, or any other act which reflects disregard for the rule of law.
Francesca D’Angelo represented the Bar Association. Joel R. Yoseph represented Mr. Wynne. |