STATEMENT OF CHARGES

Jerome Larkin, Administrator of the Attorney Registration and Disciplinary Commission, by his attorney, Deborah Barnes, states that on the date Movant signed a motion to have his name stricken from the Roll of Attorneys who were admitted to practice law in this state, he had been convicted of theft, and a disciplinary complaint was pending before the Hearing Board regarding conduct that was the subject of the criminal case. Movant is fifty-seven years old and was admitted to practice law on May 2, 1995. He has not been previously disciplined by this Court. If the cause proceeded to hearing, the evidence set forth below would establish clearly and convincingly the misconduct described below:

1. Court documents and other records in the Administrator’s possession, as well as Movant’s sworn testimony and the testimony of other witnesses, would establish that:

1. On October 17, 2007, Movant was indicted in the Circuit Court of Jackson County, Illinois, on three counts of theft over $300 in violation of 720 ILCS 5/16-1(a)(1).

2. On February 13, 2008, Movant was charged by information with one count of theft in violation of 720 ILCS 5/16-1(a)(1), based on the same conduct alleged in the three counts of the indictment.

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3. On February 20, 2008, Movant pled guilty to the charges alleged in the information.

2. The factual basis for the guilty plea is the following:

1. In January 2005, Movant represented Susan Adams. Susan and her husband, Kirk, asked Movant to hold the proceeds of certain checks they had received for the sale of their tavern. Movant cashed the checks and, between January 2, 2005, and June 26, 2007, used at least $54,430.61 of the Adams’ funds for his own personal and business purposes, without authority from his client.

2. Between January 2, 2005, and June 26, 2007, Movant was the appointed guardian ad litem for the estate of Dalton Pearl, a minor. Between those dates, Movant, without authority, used at least $3,285.00 of Dalton’s funds for his own personal and business purposes.

3. On April 4, 2008, Movant was sentenced to three years in the Illinois Department of Corrections, and ordered to pay $54,430.61 in restitution to Susan and Kirk Adams, and $3,285.00 in restitution to Dalton Pearl.

4. The evidence outlined above would establish that Movant has engaged in the following misconduct:

1. a criminal act, to wit, theft, in violation of 720 ILCS 5/16-1(a)(1), which reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, in violation of Rule 8.4(a)(3) of the Illinois Rules of Professional Conduct;

2. conversion of client or third party funds;

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3. conduct involving dishonesty, fraud, deceit or misrepresentation in violation of Rule 8.4(a)(4) of the Illinois Rules of Professional Conduct;

4. failing to hold property of a client or third person that is in the lawyer’s possession in connection with a representation separate from the lawyer’s own property, in violation of Illinois Rule of Professional Conduct 1.15(a);

5. failing to promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive, in violation of Illinois Rule of Professional Conduct 1.15(b); and

6. conduct which tends to defeat the administration of justice or brings the courts or the legal profession into disrepute, in violation of Supreme Court Rule 770.