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David M. Simmonds (WSBA No. 6994, admitted 1976), of Redmond, was ordered to receive a reprimand on June 15, 2007, following approval of a stipulation by a hearing officer. This discipline is based on conduct involving dishonesty, fraud, deceit, or misrepresentation.
In 1999, Mr. Simmonds bought a diamond ring and setting for $118,300. With Mr. Simmonds’s knowledge and agreement, the Bellevue jeweler used an Ohio address for “shipment” on the receipt to avoid payment of sales tax of $10,410.40, but the jewelry was not shipped out of state.
Mr. Simmonds sued the jeweler in 2002, after he received a report indicating that the diamond was of an inferior grade. The suit was dismissed with prejudice in August 2004 and Mr. Simmonds appealed the Superior Court decision. In September 2005, during oral argument, an appellate judge asked whether Mr. Simmonds had reported the failure to pay tax to the Bar Association or made any subsequent payment of tax to the State Department of Revenue after the 1999 purchase. Mr. Simmonds paid tax to the Department of Revenue and reported nonpayment of sales tax to the Bar Association on September 29, 2005.
Mr. Simmonds’s conduct violated former RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.
Nancy B. Miller represented the Bar Association. Mr. Simmonds represented himself. |