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

In the Matter of:

KELLY A. SAINDON,

Attorney-Respondent, 

No. 6244793.

 

Commission No.  2012PR00012 

FILED -  February 27, 2012

COMPLAINT

Jerome Larkin, Administrator of the Attorney Registration and Disciplinary Commission, by his attorney, Tracy L. Kepler, pursuant to Supreme Court Rule 753(b) complains of Respondent Kelly A. Saindon, who was licensed to practice law in Illinois on May 7, 1998, 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:

Misuse of funds belonging to 420 North Noble Condominium Association

1. Between March 2007 and May 2010, Respondent served as President and Treasurer of her condominium association, 420 North Noble Condominium Association ("the Association") in Chicago.

2. At the time Respondent served as President and Treasurer, the Association's members consisted of the owners of the condominium building's four units. Each owner's monthly association dues were between $125-$150. Special assessments were occasionally charged by the Association for major building improvements and/or repairs.

3. As President and Treasurer of the Association, Respondent had sole access and control of the Association's funds, which were held in JP Morgan Chase Bank account number ending in 4011 (the "Association's account"). Because she was President and Treasurer of the Association, Respondent also had possession of the Association's checkbook and a debit card linked to the Association's account.

4. As the Association's President and Treasurer, Respondent was acting as a fiduciary in her dealings with the Association. Because of this fiduciary relationship, Respondent was obligated to exercise at all times the highest degree of loyalty and good faith regarding her handling of the Association's property, and was prohibited from dealing with such property for her own unlawful benefit or unjust enrichment.

5. Beginning March 31, 2008 through February 1, 2010, Respondent used the Association's debit card to withdraw cash from the Association's account, and to purchase goods and services for her own business or personal purposes, totaling at least $5,666.29. Respondent's purchases included those made at Nordstrom, Jewel, Southwest Airlines and Marc Anthony Salon and Spa. Respondent's cash withdrawals using the Association's debit card included an ATM withdrawal in the amount of $500 at the Horseshoe Casino in Hammond, Indiana.

6. At no time did the Association authorize Respondent to use the Association's funds for her own business or personal purposes.

7. At no time did Respondent advise the Association that she had used any portion of the Association's funds for her own business or personal purposes.

8. Between September 3, 2008 and October 9, 2008, as a result of Respondent's use of the Association's funds for her own business and personal purposes, the Association's account was overdrawn on various dates and incurred overdraft fees and other charges totaling $171.00. The Association's account also incurred charges on various dates between May 2008 and December 2009 for balance inquiries and withdrawals made by Respondent from non-Chase owned automatic teller machines.

9. By reason of the conduct outlined above which occurred before January 1, 2010, Respondent has engaged in the following misconduct:

  1. breach of her fiduciary duty to the Association;

  2. conversion; and

  3. conduct involving dishonesty, fraud, deceit or misrepresentation, in violation of Rule 8.4(a)(4) of the 1990 Illinois Rules of Professional Conduct.

10. By reason of the conduct outlined above which occurred after January 1, 2010, Respondent has engaged in the following misconduct:

  1. breach of her fiduciary duty to the Association;

  2. conversion; and

  3. conduct involving dishonesty, fraud, deceit or misrepresentation, in violation of Rule 8.4(c) of the 2010 Illinois Rules of Professional Conduct.

WHEREFORE, the Administrator 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.


Tracy L. Kepler
Counsel for the Administrator
One Prudential Plaza
130 E. Randolph Dr., Suite 1500
Chicago, Illinois 60601
Telephone: (312) 565-2600
Respectfully submitted,

Jerome Larkin, Administrator
Attorney Registration and
Disciplinary Commission

By:  Tracy L. Kepler