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FUND HAS AWARDED MORE THAN $11 MILLION TO CONSUMERS SINCE INCEPTION
The Board of Commissioners of the Clients' Security Fund of Ohio (CSF) awarded $351,195 to 26 victims of attorney theft at its meeting Friday, Dec. 1, in Columbus. Ten former or suspended Ohio attorneys were found to have misappropriated client funds.
Ashtabula County
The board reimbursed $76,000 to two former clients of former Ashtabula County attorney James M. Lemieux. In the first claim the board found that Lemieux accepted a fee but failed to provide the services requested. In the other claim, Lemieux converted or otherwise failed to account for the proceeds from a settlement obtained for his client. Lemieux resigned from the practice of law with discipline pending on Aug. 3, 2006.
Cuyahoga County
Former clients of three Cuyahoga County attorneys were reimbursed by the fund. A former client of Arthur R. Frazier was reimbursed $1,200 in fees paid for services that Frazier failed to provide. Frazier was permanently disbarred from the practice of law in Ohio on Sept. 13, 2006.
The board also reimbursed $300 to a former client of Corey J. Rubino after finding that Rubino accepted fees for legal services after his suspension from the practice of law. Rubino was suspended indefinitely from the practice of law in Ohio on Jan. 9, 2002.
A reimbursement of $1,600 was given to a client of former attorney Leonard Young, who the board determined accepted a fee for services and then failed to complete the services requested. Young was permanently disbarred from the practice of law in Ohio on July 18, 2001.
Erie County
The board reimbursed $1,930 to two former clients of Erie County attorney Richard Huber after determining that Huber failed to provide the services requested. On March 22, 2006, Mr. Huber was suspended from the practice of law in Ohio for one year.
Franklin County
The board determined that former clients of two Franklin County attorneys were eligible for reimbursement. Seven former clients of Daniel S. Smith received reimbursements totaling $7,509. Smith accepted fees but failed to provide the services requested. He was permanently disbarred from the practice of law in Ohio on Feb. 15, 2006.
Three former clients of suspended attorney Perry R. Silverman were reimbursed a total of $101,998. Silverman received funds on behalf of his clients but failed to distribute or otherwise account for the funds. Silverman was suspended from the practice of law in Ohio on an interim basis on May 10, 2004.
Mahoning County
Two former clients of Mahoning County attorney Mark S. Colucci were reimbursed $7,750 as a result of Colucci's failure to provide the services requested. Colucci resigned from the practice of law in Ohio, with discipline pending, on Dec. 2, 2004. Colucci also was convicted of tax evasion and was sentenced to 18 months.
Preble County
The board reimbursed $98,071 to five former clients of Preble County attorney Herd L. Bennett. Bennett obtained funds from his former clients allegedly under false pretenses and failed to repay the funds prior to his death on April 9, 2002.
Trumbull County
An estate previously represented by Trumbull County attorney Albert Swartz was reimbursed $54,261.38 after the board determined that Swartz had converted assets belonging to the estate. Swartz was convicted in January 2005, after pleading guilty to several felony counts. Swartz resigned from the practice of law in Ohio, with discipline pending, on Oct. 4, 2005.
The CSF was created in 1985 by the Supreme Court of Ohio to reimburse victims of attorney theft, embezzlement or misappropriation. The CSF is not taxpayer funded, but funded entirely by registration fees paid by every Ohio attorney. Ohio has more than 41,000 attorneys engaged in the active practice of law. Less than one-tenth of one percent of those attorneys is involved in CSF claims.
Law clients who believe they have sustained financial losses resulting from attorney theft, embezzlement or misappropriation should contact the CSF by calling 614.387.9390 or 1.800.231.1680 toll-free in Ohio.
Contact: Janet Green Marbley, 614.387.9390 or Andrea M. Strle, 614.387.9250.