BEFORE THE HEARING BOARD
OF THE
ILLINOIS ATTORNEY REGISTRATION
AND
DISCIPLINARY COMMISSION

In the Matter of:

BRUCE PAUL GOLDEN,

Attorney-Respondent, 

No. 988693.

 

Commission No. 09 CH 88

FILED -  August 24, 2009

COMPLAINT

Jerome Larkin, Administrator of the Attorney Registration and Disciplinary Commission, by his attorney, Dorothy B. Zimbrakos, pursuant to Supreme Court Rule 753(b), complains of Respondent, Bruce Paul Golden, who was licensed to practice law in Illinois on November 17, 1969, and alleges that Respondent has engaged in the following conduct which tends to defeat the administration of justice or to bring the courts or the legal profession into disrepute:

COUNT I
(False Statements in Application for Financial Aid - 2001-2002 School Year)

1. At all times alleged in this count, Respondent and Jody Rosenbaum-Golden were the parents of Dale Golden, who was a student enrolled at the Francis W. Parker School ("Parker School") in Chicago, Illinois from the 1999-2000 school year to the 2002-2003 school year.

2. At all times alleged in this count, the Parker School required the parents of a student who was applying for financial aid to submit an application entitled "Parents' Financial Statement." The Parents' Financial Statement required the parents to submit, inter alia, income information based on information from the year prior to the school year for which the student was applying for financial aid.

3. In connection with Dale Golden's application for financial aid for the school year 2001-2002, Respondent prepared and signed the Parents' Financial Statement described in Paragraph One above, declaring that the information reported was "true, correct, and complete."

4. In connection with Dale Golden's application for financial aid for the school year 2001-2002, Respondent was also required to submit the tax return he filed with the Internal Revenue Service for the year 2000.

5. For the school year 2001-2002, Respondent did not submit the tax return he had actually filed with the Internal Revenue Service for the year 2000. Instead, Respondent altered the tax return and submitted the altered return containing false information for the year 2000.

6. Respondent's statements in the Parents' Financial Statement, described in Paragraph Three above, and in the tax return he submitted, described in Paragraph Five above, were false, and Respondent knew those statements were false and designed to mislead the Parker School, because the information he provided was as follows:

Item

Tax Return Filed with IRS for the Tax Year 2000

Tax Return Submitted l

Parents' Financial Statement
Salaries & Wages $ 688.75

$ 688.75

$ 7,000.00

Dividend and/or Interest Income $ 57,849.38

$ 7,897.19

$ 6,000.00

Net Profit/Loss from Business $ 11,748.70

$ -819.85

$ 5,000.00

S Corporation Income $ 34,768.63

$ 0.00

$ 2,000.00

Adjusted Gross Income $ 122,710.42

$ 9,015.33

 

7. As a result of receiving the false financial information described in Paragraphs Three to Six above, the Parker School awarded Respondent's daughter $6,160.00 in financial aid for the school year 2001-2002, an award to which she would not have been entitled had Respondent submitted truthful information.

8. By reason of the conduct described above, Respondent has engaged in the following misconduct:

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

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

COUNT II
(False Statements in Financial Aid Application - School Year 2002-2003)

9. The Administrator realleges Paragraphs One and Two of Count I above.

10. In connection with Dale Golden's application for financial aid for the school year 2002-2003, Respondent prepared and signed the Parents' Financial Statement, declaring that the information reported was "true, correct, and complete."

11. In connection with Dale Golden's application for financial aid for the school year 2002-2003, Respondent was also required to submit the tax return he filed with the Internal Revenue Service for the year 2001.

12. For the school year 2002-2003, Respondent did not submit the tax return he had actually filed with the Internal Revenue Service for the year 2001. Instead, Respondent altered the tax return and submitted the altered return containing false information for the year 2001.

13. Respondent's statements in the Parents' Financial Statement, described in Paragraph Ten above, and in the tax return he submitted, described in Paragraph Twelve above, were false, and Respondent knew those statements were false and designed to mislead the Parker School, because the information he provided was as follows:

Item

Tax Return Filed with IRS for the Tax Year 2001

Tax Return Submitted

Parents' Financial Statement

Salaries & Wages

$ 6,210.17

$ 6,010.17

$ 7,000.00

Dividend and/or Interest Income

$ 23,816.01

$ 7,213.12

$ 5,000.00

Net Profit/Loss from Business

$ 2,781.87

$ -1,606.92

$ 4,000.00

S Corporation Income

$ 49,228.85

$ 0.00

$ 6,000.00

Adjusted Gross Income

$ 67,319.50

$ 12,541.38

 

14. As a result of receiving the false financial information described in Paragraphs Ten to Thirteen above, the Parker School awarded Respondent's daughter $7,884.00 in financial aid for the school year 2002-2003, an award to which she would not have been entitled had Respondent submitted truthful information.

15. By reason of the conduct described above, Respondent has engaged in the following misconduct:

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

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

COUNT III
(False Statements in Financial Aid Application - School Year 2003-2004)

16. The Administrator realleges Paragraphs One and Two of Count I above.

17. In connection with Dale Golden's application for financial aid for the school year 2003-2004, Respondent prepared and signed the Parents' Financial Statement, declaring that the information reported was "true, correct, and complete."

18. For the school year 2003-2004, Respondent did not submit a tax return filed with the Internal Revenue Service for the year 2002 in connection with Dale Golden's application for financial aid.

19. Respondent's statements in the Parents' Financial Statement, described in Paragraph Eighteen above, were false, and Respondent knew they were false and designed to mislead the Parker School, because the information he provided was as follows:

Item

Tax Return Filed with IRS for the Tax Year 2002

Parents' Financial Statement
Salaries & Wages $ 50,707.55 $ 7,000.00
Dividend and/or Interest Income $ 31,079.41 $ 5,000.00
Net Profit/Loss from Business $ 7,711.59 $ 4,000.00
S Corporation Income $ 9,469.96 $ 8,000.00
Adjusted Gross Income $ 161,821.14 $ 0.00

20. As a result of receiving the false financial information described in Paragraphs Seventeen to Nineteen above, the Parker School awarded Respondent's daughter $8,786.00 in financial aid for the school year 2002-2003, an award to which she would not have been entitled had Respondent submitted truthful information.

21. By reason of the conduct described above, Respondent has engaged in the following misconduct:

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

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

COUNT IV
(Failure to Cooperate with the Commission)

22. The Administrator realleges Paragraphs One to Twenty-One above.

23. On January 16, 2006, attorney George B. Collins submitted correspondence, on behalf of himself and other attorneys, to the Attorney Registration and Disciplinary Commission concerning the conduct of Respondent alleged in Counts I through III above. The Administrator initiated investigation no. 06 CI 00225.

24. On March 20, 2009, April 2, 2009, and April 15, 2009, the Administrator attempted to serve Respondent via certified mail with a subpoena duces tecum commanding him to appear at the Chicago office of the Commission to produce materials and to offer testimony responsive to the allegations raised by the complaining witnesses in investigation no. 06 CI 00225. Each of the certified letters was returned unclaimed.

25. After having made four unsuccessful attempts to serve Respondent personally with the subpoena duces tecum, described in Paragraph Twenty-Four above, Humberto Bobadilla, Senior Investigator for the Commission, telephoned Respondent on April 6, 2009 at Respondent's home telephone number. Respondent answered, and the investigator told Respondent that he was attempting to serve him with a subpoena duces tecum to appear at the Commission's offices for a sworn statement. Respondent advised the investigator that the Commission "should just proceed with what you have to do; I am not going to accept service or participate."

26. On July 1, 2009, Respondent was personally served with a subpoena duces tecum commanding him to appear on July 7, 2009 at 10:00 a.m. at the Chicago office of the Commission to produce materials and to offer testimony responsive to the allegations raised by the complaining witnesses in investigation no. 06 CI 00225.

27. Respondent did not appear for his sworn statement as described in Paragraph Twenty-Six above on July 7, 2009 or at any time.

28. By reason of the conduct described above, Respondent has engaged in the following misconduct:

  1. failure to respond to a lawful demand for information from a disciplinary authority in violation of Commission Rule 53 and Rule 8.1(a)(2) of the Illinois Rules of Professional Conduct; and

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

WHEREFORE, the Administrator respectfully requests that this matter be assigned to a panel of the Hearing Board, that a hearing be held, and that the panel make findings of fact, conclusions of fact and law, and a recommendation for such discipline as is warranted.

Dorothy B. Zimbrakos
Counsel for Administrator
One Prudential Plaza
130 East Randolph Drive, Suite 1500
Chicago, Illinois 60601
Telephone: (312) 565-2600
Facsimile: (312) 565-2320
Respectfully submitted,

Jerome Larkin, Administrator
Attorney Registration and
Disciplinary Commission

By:   Dorothy B. Zimbrakos