Jerome Larkin, Administrator of the Attorney Registration and Disciplinary Commission, by his attorney, Athena T. Taite, pursuant to Supreme Court Rule 762(a), states that on the date that Nathan Andrew Billmaier ("Movant") signed a motion requesting that his name be stricken from the Roll of Attorneys, an investigation was pending before the Administrator regarding allegations that Movant engaged in the following misconduct. If the cause proceeded to hearing, the evidence set forth below would establish clearly and convincingly the misconduct described below.

Records of the Circuit Court of Cook County, Illinois, in People v. Billmaier, case no. 08 CR 1143302; law enforcement records and testimony of law enforcement officers; and the records of the Attorney Registration and Disciplinary Commission would establish that:

1. On May 19, 2008, at the Cook County Department of Corrections (CCDC), Movant met inmate Donald Jordan in an interview room. As part of an investigation into narcotic contraband brought to inmates, law enforcement officers searched Jordan, Movant and Movant’s possessions. The officers found MDMA, commonly known as ecstasy, and cannabis inside a brown folder that Movant brought into CCDC. Movant was arrested and charged with bringing contraband into a penal institution and possession of cannabis with intent to deliver.

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2. On June 24, 2008, the Cook County State’s Attorney filed a four-count indictment against Respondent in the Circuit Court of Cook County, Illinois. The matter was docketed as People v. Billmaier, 08 CR 1143302. The four-count indictment charged Respondent with two counts of bringing contraband into a penal institution, one count of possession of a controlled substance (MDMA) with intent to deliver, and one count of possession of cannabis with intent to deliver, in violation of 720 ILCS 5/31A-1.1(a), 720 ILCS 570/401(d) and 720 ILCS 550/5(c), respectively.

3. On March 26, 2009, Respondent entered a plea of not guilty to the indictment before Judge James Linn, and the matter was set for trial. Respondent waived his right to a jury.

4. On April 16, 2009, Respondent was found guilty.

5. By letter dated September 10, 2009, Treatment Alternatives for Safe Communities (TASC) reported to Judge Linn that Movant had sought its services. TASC conducted an assessment of Movant and diagnosed him with alcohol dependence and cocaine dependence.

6. On September 29, 2009, Judge Linn sentenced Respondent to three years of probation, with the first 180 days in incarceration at CCDC, with credit for two days already served; ordered him to complete the TASC treatment program; and ordered him to pay $2,545 in fees and costs.

7. As a result of the conduct described above, Movant has engaged in the following misconduct:

1. committing a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, by violating 720 ILCS 5/31A-1.1(a), 720 ILCS 570/401(d) and 720 ILCS 550/5(c), in violation of

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Rule 8.4(a)(3) of the Illinois Rules of Professional Conduct; and

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