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Stephen J. Plowman (WSBA No. 21823, admitted 1992), of Bellevue, was suspended from the practice of law for three years, effective April 13, 2007, by order of the Washington State Supreme Court following a stipulation approved by the Disciplinary Board. This discipline was based on his conduct in 2005 involving the commission of a criminal act.
In 2005, one of Mr. Plowman’s clients, who has since been convicted of narcotics trafficking in federal court, became interested in acquiring a laundromat located in Seattle. The laundromat’s negotiated price was in excess of $150,000. Mr. Plowman provided legal assistance to the client in purchasing the laundromat. Mr. Plowman received two cashier’s checks from the client, which were in the names of third parties and totaled approximately $56,000. Mr. Plowman deposited these checks in his client trust account to be used in partial payment for the laundromat. Mr. Plowman then met with the client at a residence in Seattle and received from the client approximately $120,000 cash in paper bags to pay the balance for the laundromat. Mr. Plowman brought the money to his Bellevue law office and stored it in a safe. The currency was proceeds derived by the client from his participation in cocaine trafficking in Seattle. Mr. Plowman did not document his receipt of this currency in any way and willfully failed to file a “Report of Cash Payments Over $10,000 Received in a Trade or Business” with the Internal Revenue Service, as required by law, indicating the identity of the individual from whom the cash was received, the person on whose behalf the such transaction was conducted, and a description of the transaction and the method of payment.
In June 2005, Mr. Plowman met with the seller of the laundromat and delivered a check drawn on his client trust account in the amount of approximately $60,000. Mr. Plowman also delivered approximately $100,000 of the cash received from his client to the seller to pay the balance due on the laundromat. The purchase and sales agreement reflected a total sales price of $60,000, whereas the true sales price was approximately $160,000. Of the remaining cash, some was used to pay laundromat expenses and some was taken by Mr. Plowman as his fee.
In October 2006, Mr. Plowman pleaded guilty to the felony crime of failure to file a currency transaction report (Form 8300), in violation of 31 U.S.C. §§ 5531(a) and 5322(b).
Mr. Plowman’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.
Francesca D’Angelo represented the Bar Association. Mr. Plowman represented himself. |