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Edward L. Tezak (WSBA No. 23541, admitted 1994) of Mukilteo, was disbarred, effective July 25, 2006, by order of the Washington State Supreme Court, following a default hearing. This discipline was based on his conduct in 2000 leading to his conviction of the crimes of wire fraud and money laundering.
Mr. Tezak was a principal of a purportedly tax-exempt charitable organization. He was also a director and officer of a limited liability company, which was purportedly a lender for a private development project. In May 2000, Mr. Tezak represented to various individuals that he had access to approximately $20 million in funds from a particular individual. Mr. Tezak participated in an interstate telephone call with a representative of an investment bank, during which he facilitated the issuance of a letter by that representative affirming the existence of more than $20 million in assets on deposit. In two letters dated May 11, 2000, Mr. Tezak affirmed the availability of those funds, plus $43 million in additional private financing, for investment in the development project. Mr. Tezak knew that his representations in the letters were false and fraudulent. Mr. Tezak had reason to know that one of the letters was faxed in interstate commerce.
Prior to his making false representations concerning the availability of funding for the development project, Mr. Tezak had entered into an agreement to be paid $250,000 by the developer for up to five verifications of financing that he would provide. Pursuant to that agreement, and based on the verification of funds that Mr. Tezak performed, the private developer paid Mr. Tezak $50,000 for his services in the form of a cashier’s check payable to Mr. Tezak’s charitable organization. Thereafter, Mr. Tezak deposited the cashier’s check into his brother’s bank account in Montana and later directed the funds to be transferred to the bank account of the charitable organization, which was also located in Montana. From that account, Mr. Tezak withdrew and used the funds for a variety of personal purposes knowing that the funds were derived from an underlying wire-fraud scheme and that the transaction was designed for the purpose of concealing the nature, location, source, and/or ownership of the funds.
In May 2005, Mr. Tezak pled guilty as charged in federal court to the crimes of wire fraud, in violation of 18 U.S.C. §§ 1343 and 2, and money laundering, in violation of 18 U.S.C. §§ 1956(a)(1)(B) and 1956(a)(1)(A)(ii).
Mr. Tezak’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; 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 unjustified act of assault or other act which reflects disregard for the rule of law, whether the same be committed in the course of his or her conduct as a lawyer, or otherwise.
Marsha A. Matsumoto represented the Bar Association. Mr. Tezak did not appear either in person or through counsel. Catherine L. Moore was the hearing officer. |