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Kristopher A. Kinkade (WSBA No. 25666,
admitted 1996), of Alpine, Utah, was disbarred,
effective November 2, 2011 by order of the
Washington State Supreme Court following approval
of a stipulation. This discipline resulted
from criminal conduct and misrepresentation.
Between 2004 and 2007, Mr. Kinkade
approached neighbors, friends, and acquaintances
concerning a variety of investment
opportunities, including real estate ventures,
investments in companies, and a movie deal.
Mr. Kinkade obtained money from others,
ranging from $100,000 to $800,000, as investments
in various projects. He also invested
between $50,000 to $100,000 of his own funds
and three years of time and effort on behalf of
the various business opportunities. Mr. Kinkade
made false and fraudulent statements to obtain
money from investors, and used the money for
an enterprise that he controlled and to pay off
other investors.
On February 5, 2009, the Utah County Attorney
filed an Information charging Mr. Kinkade
with 14 felonies resulting from the conduct described
above. On September 1, 2009, the Utah
County Attorney amended the Information and
Mr. Kinkade pleaded guilty to seven felonies: a)
one count of violating Utah Code Annotated
§ 76-10-1603 (pattern of unlawful activity); b)
two counts of violating Utah Code Annotated
§ 76-10-1801 (communications fraud); and c)
four counts of violating Utah Code Annotated
§ 61-1-1 (securities fraud).
In connection with the plea, the prosecutor
agreed to recommend no jail time to allow Mr.
Kinkade to repay all victims. By the time of
sentencing, Mr. Kinkade had repaid all investors
except one, to whom he owed $100,000.
The sentencing judge agreed with the prosecutor’s
recommendation, suspended all prison
terms, imposed 36-month probation, allowed
GPS monitoring, and required payment of the
remaining $100,000 in restitution. When restitution
is complete, the court will review Mr.
Kinkade’s sentence, and the prosecutor agreed
to recommend that the felony convictions be
reduced to misdemeanors. Mr. Kinkade is working
to earn the remaining restitution and, at the
time of the stipulation, had placed $10,000 in
the restitution account and was in compliance
with all probation terms.
Mr. Kinkade’s conduct violated RPC 8.4(b),
prohibiting a lawyer from committing a criminal
act that reflects adversely on the lawyer’s
honesty, trustworthiness, or fitness as a lawyer
in other respects; and RPC 8.4(c), prohibiting
a lawyer from engaging in conduct involving
dishonesty, fraud, deceit, or misrepresentation.
Joanne S. Abelson represented the Bar
Association. Mr. Kinkade represented himself. |