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

In the Matter of:

ANDREAS KIRSCH,

Attorney-Respondent, 

No. 6295153..

 

Commission No. 2012PR00141

FILED - October 29, 2012

COMPLAINT

Jerome Larkin, Administrator of the Attorney Registration and Disciplinary Commission, by his attorney, Emily A. Adams, pursuant to Supreme Court Rule 753(b), complains of Respondent Andreas Kirsch, who was licensed to practice law in Illinois on May 8, 2008, 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, and which subjects Respondent to discipline pursuant to Supreme Court Rule 770:

(False Statements)

1. During all of 2011 and continuing through the early months of 2012, Respondent lived in Mannheim, Germany, where he worked as in-house assistant general counsel for a multinational corporation that has its corporate headquarters in Illinois. Respondent's responsibilities included advising the corporation on export control matters. Respondent did not maintain a private practice apart from the legal work he did for the corporation.

2. During that same period, Respondent had a personal relationship with a woman who was a citizen of Turkey, and who required a visa in order to travel from that country to visit Respondent in Germany. Respondent knew that a business visa would allow the woman to stay in Germany for a longer period than would a personal visa. Respondent also knew that the woman did not meet the qualifications necessary to receive a business visa.

3. On September 8, 2011 and January 25, 2012, Respondent prepared two separate letters addressed to the consular visa section of the German embassy in Turkey. Both letters were printed on letterhead stationery that identified Respondent as an attorney licensed to practice law in Illinois, and which listed Respondent's home address as the location of a law firm.

4. In the letters referred to in paragraph three, above, Respondent stated that he was a member of a law firm that specialized in export control law, that he advised international clients in export compliance and proceedings, and that the firm requested that the woman referred to in paragraph two, above, be granted a business visa to attend a series of meetings related to Turkey and its purported "particular role as an emerging market for our clients." Respondent forwarded both letters to the woman referred to in paragraph two, with the expectation that she would deliver them to the German embassy in support of an application for a business visa for which she was not otherwise qualified.

5. Respondent's statements in the two letters described in paragraph four, above, were false, and Respondent knew that they were false, because he was not then a member of a law firm specializing in export control law, he was not engaged in advising international clients in export compliance and proceedings, and there was no series of meetings scheduled with the woman to discuss exports to Turkey or any other business purpose.

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

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

b. conduct which tends to defeat the administration of justice, or to bring the courts or the legal profession into disrepute.

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.

Emily A. Adams
Counsel for Administrator
One Prudential Plaza
130 East Randolph Drive, Suite 1500
Chicago, Illinois 60601-6219
Telephone: (312) 565-2600
Respectfully submitted,

Jerome Larkin, Administrator
Attorney Registration and
Disciplinary Commission

By:  Emily A. Adams