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Siamack Kalantar (WSBA No. 39681, admitted 2007), of Irvine, CA, resigned in lieu of disbarment, effective May 24, 2012. While not admitting to the violations set forth in the Statement of Alleged Misconduct, Mr. Kalantar admitted that there was a substantial likelihood the WSBA could prove by a clear preponderance of the evidence the violations of the Rules of Professional Conduct set forth in the statement of alleged misconduct and that such proof would support disbarment. This discipline is based on conduct involving failure to safeguard client property and dishonesty. According to the Statement of Misconduct:
In 2010, Client wired $140,000 to a bank account owned by the Kalantar Law Firm, for Mr. Kalantar to hold in trust. In 2011, Client asked Mr. Kalantar to transfer the $140,000 to a bank account owned by Client. Mr. Kalantar told Client that Mr. Kalantar could not release the $140,000 because the Department of the Treasury, Office of Foreign Assets Control (OFAC), had blocked the funds. In truth and in fact, OFAC had not blocked release of the funds. Mr. Kalantar’s statement to the Client was false. By February 2012, Client’s $140,000 was no longer on deposit in the Law Firm’s account. As of the present date, Mr. Kalantar has not returned any of Client’s $140,000 to him. Mr. Kalantar converted the Client’s $140,000 for his own use without authority from Client to do so.
Mr. Kalantar’s conduct violated RPC 1.15A(b), prohibiting a lawyer from using, converting, borrowing or pledging client or third party person property for the lawyer’s own use; and RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit or misrepresentation.
Leslie C. Allen represented the Bar Association. Brett A. Purtzer represented Mr. Kalantar.
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