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Peter A. Slowiaczek (WSBA No. 23649, admitted 1994), of Lakewood, was disbarred, effective May 11, 2004, by order of the Washington State Supreme Court, following a hearing. This discipline was based on his conduct in 2000 and 2001 involving theft of client funds and making false statements to the federal government.
In September 2001, Mr. Slowiaczek's payroll check to his administrative assistant was not honored by his bank. In October 2001, Mr. Slowiaczek paid his assistant from client funds in his pooled client trust account. At this time, Mr. Slowiaczek had negative balances in his office account, his personal bank account, and his own funds in his pooled client trust account. Mr. Slowiaczek provided inconsistent testimony to explain his use of his client trust account that the hearing officer found not credible. Mr. Slowiaczek replaced the trust funds with a back-dated check.
In November 2001, Mr. Slowiaczek issued advance fee deposit refund checks to two clients. He issued these checks from his pooled client trust account even though he deposited the clients' funds into his office checking account. Neither of these clients had any funds in Mr. Slowiaczek's trust account. Mr. Slowiaczek replaced these funds in February 2002.
In March 2002, Mr. Slowiaczek used more than $7,000 in client funds from his pooled client trust account to pay his mortgage. Mr. Slowiaczek offered inconsistent and noncredible testimony on this issue during the hearing.
In May 2002, Mr. Slowiaczek received an advance fee deposit check. He failed to deposit this check into any bank account. Later in May, Mr. Slowiaczek wrote a check transferring this amount from his pooled client trust account to his office account. Mr. Slowiaczek offered inconsistent and noncredible testimony about this transaction during the hearing.
On May 6, 2002, Mr. Slowiaczek wrote a $1,700 check to himself from his pooled client trust account. Mr. Slowiaczek knew that he did not have funds in this account and that he was exerting unauthorized control over client funds. Mr. Slowiaczek's intentional acts depriving clients of their funds in his pooled client trust account constitute theft.
Mr. Slowiaczek commingled his client trust account funds and his personal funds. During the time period of the audit, Mr. Slowiaczek placed more than $50,000 of his own money in his client trust account, and paid more than $40,000 of business or personal expenses from the client trust account.
Mr. Slowiaczek deposited some client advance fee deposits into his office account rather than his client trust account. He treated these funds as his own prior to performing any work. Mr. Slowiaczek did not enter written fee agreements with clients, and refunded money from his client trust account to conceal this conduct.
Beginning in 1996, Mr. Slowiaczek represented a client in an offer and compromise process with the Internal Revenue Service (IRS). In November 2000, the client received more than $57,000 from a lawsuit settlement. Mr. Slowiaczek did not represent the client in this lawsuit, but allowed the client to use his trust account to hide the funds from the IRS. Mr. Slowiaczek sent several payments to the client and the client's family members from his trust account. Mr. Slowiaczek also failed to disclose the settlement funds to the IRS and provided false explanations for funds in at least two letters written during this time. Mr. Slowiaczek's conduct constituted two federal felonies.
Mr. Slowiaczek's conduct violated RPCs 8.4(b), prohibiting committing a criminal act [RCW 9A.56.030-.040, First and Second Degree Theft; 18 U.S.C. § 1001, knowingly and willfully making a materially false or fraudulent statement or representation to the Federal Government; and 26 U.S.C. § 7206, knowingly and willfully make a false statement or conceal property in connection with a tax matter]; 8.4(c), prohibiting conduct involving dishonesty, deceit, fraud, or misrepresentation; 8.4(i), prohibiting committing an act involving moral turpitude reflecting disregard for the rule of law; and 1.14(a), requiring lawyers to deposit all client funds in a client trust account that does not contain the lawyer's funds, maintain complete records of these accounts, and promptly deliver client funds to clients upon request.
Christine Gray represented the Bar Association. Kurt Bulmer represented Mr. Slowiaczek. Gregory A. Dahl was the hearing officer.
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