BEFORE THE HEARING BOARD

OF THE

ILLINOIS ATTORNEY REGISTRATION

AND

DISCIPLINARY COMMISSION

In the Matter of:

PETER ALEXANDER PAPOUTSIS,

Attorney-Respondent,

No. 6243626.

Commission No. 2015PR00094

AMENDED COMPLAINT

Jerome Larkin, Administrator of the Attorney Registration and Disciplinary Commission by his attorney, Ari Telisman, pursuant to Supreme Court Rule 753(b) complains of Respondent, Peter Alexander Papoutsis, who was licensed to practice law in the State of Illinois on November 6, 1997, that he engaged in the following conduct which subjects Respondent to discipline pursuant to Supreme Court Rule 770:

COUNT I
(Criminal conduct and misrepresentation in obtaining credit report of Jacek Wysocki)

1. On April 29, 2014, Respondent entered his appearance on behalf of Bozena Wysocki ("Bozena") in her petition for dissolution of marriage from her husband, Jacek Wysocki ("Jacek"), in Cook County Circuit Case No. 2013 D 7670.

2. Between April 29, 2014, and December 5, 2014, through the course of pretrial discovery, Respondent obtained Jacek's personal identifying information, including his social security number, as well as information concerning Jacek's financial history.

3. On or about December 5, 2014, Respondent visited the website www.creditreport.com, an online consumer credit reporting site which allows consumers to access their own credit reports.

4. Pursuant to 15 U.S.C. sec. 1681q, any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined, imprisoned for not more than two years, or both.

5. On or about December 5, 2014, Respondent entered Jacek's identifying information, including Jacek's name, address, date of birth, and social security number, into the www.creditreport.com website for the purpose of obtaining Jacek's credit report.

6. On or about December 5, 2014, Respondent obtained Jacek's credit report from the www.creditreport.com website.

7. At no time did Respondent request or receive Jacek's permission or authorization to obtain Jacek's credit report.

8. On December 8, 2014, Respondent filed on behalf of Bozena four reply briefs in Cook County Circuit Case No. 2013 D 7670. The reply briefs related to petitions for Jacek to pay additional child support and contribute to various expenses. As an exhibit to each reply brief, Respondent attached a portion of Jacek's credit report that Respondent obtained from www.creditreport.com.

9. On December 11, 2014, after discovering that Respondent had obtained Jacek's credit report without permission or authority, Jacek's attorney, Lucas Figiel, filed an emergency motion for an order prohibiting Respondent from using Jacek's credit report.

10. On December 11, 2014, after a hearing on Figiel's emergency motion, Judge John Thomas Carr entered an order prohibiting Respondent from using Jacek's credit report.

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

  1. using methods of obtaining evidence that violate the legal rights of a third person by conduct including obtaining Jacek Wysocki's credit report without Jacek's permission or authorization, in violation of Rule 4.4(a) of the Illinois Rules of Professional Conduct (2010); and

  2. conduct prejudicial to the administration of justice by conduct including obtaining Jacek Wysocki's credit report without Jacek's permission or authorization, which resulted in the filing and granting of an emergency motion after hearing, in violation of Rule 8.4(d) of the Illinois Rules of Professional Conduct (2010).

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.

Ari Telisman
Counsel for the Administrator
One Prudential Plaza
130 East Randolph Drive, Suite, 1500
Chicago, Illinois 60601
Telephone: (312) 565-2600

Respectfully submitted,

Jerome Larkin, Administrator
Attorney Registration and
Disciplinary Commission

By:  Ari Telisman