IN THE SUPREME COURT OF ILLINOIS

In the Matter of:

ROBIN LYNN PERRY,

Attorney-Respondent, 

No. 6239601.

 

Supreme Court No. M.R.29594

Commission No. 2018PR00047

 

STATEMENT OF CHARGES
PURSUANT TO SUPREME COURT RULE 762(a)

Jerome Larkin, Administrator of the Attorney Registration and Disciplinary Commission ("ARDC"), by his attorney, Udeme V. Itiat, pursuant to Supreme Court Rule 762(a), states that on the date Robin Lynn Perry (hereinafter "Movant"), filed a motion requesting that her name be stricken from the Roll of Attorneys, a one-count complaint was pending against Movant before the Hearing Board including charges relating to Movantís plea of guilty before the Honorable Sharon Prather in the Circuit Court of McHenry County, to the felony offense of theft, in violation of Chapter 720, Section 5/16-l(a)(l)(A) of the Illinois Compiled Statutes. Had Movantís conduct been the subject of a hearing, the Administrator would have introduced the evidence described below, and that evidence would have clearly and convincingly established the misconduct indicated below:

I. FACTUAL BASIS

The judgment of conviction from Movantís criminal case, Movantís admissions, relevant portions of court files, relevant statutes and the testimony of Movantís former coworkers would establish the following facts:

1. Between November 6, 2013 and September 4, 2014, Movant practiced law as an associate at the Law Offices of Rupp & Youman ("Rupp & Youman") in McHenry, Illinois.

PAGE 2:

During that time, Movant had a key to the office suite and the office mailbox and was permitted access to all areas of the office suite.

2. At all times alleged in this complaint, Chapter 720, Section 5/16-1(a)(1)(A) of the Illinois Compiled Statutes provided, in part, as follows:

A person commits theft when he or she knowingly: obtains or exerts unauthorized control over property of the owner and intends to deprive the owner permanently of the use or benefit of the property.

3. Between November 6, 2013 and September 4, 2014, Rupp & Youman maintained three bank accounts with Midwest Bank, relating to the firmís clients the George and Barbara Duros Trust, the John B. Zabor Irrevocable Trust, and the Thomas P. Breen Jr Living Trust. The checkbooks for these accounts were kept inside an office within the firmís office suite.

4. On September 4, 2014, Rupp & Youman terminated Movantís employment. After her termination, Movant was told to return to the office to retrieve her personal belongings and return her copies of the keys to the firmís office suite and mailbox.

5. Between November 6, 2013 and October 2014, Movant removed at least nine blank checks from the checkbooks for Rupp & Youman bank accounts, referred to in paragraph three, above.

6. Between November 2014 and March 2015, Movant, without authority, drew the following nine checks on one of the three Rupp & Youman accounts, totaling $21,742. Movant made each check payable to herself or to her husband, Sam Kentopian ("Kentopian") and caused the checks to be endorsed and deposited into a personal account, from which Movant used the proceeds for her own purposes:

  1. check number 607, dated November 13, 2014, drawn on firm account ending in 5601, which was in the name of firm clients, George and Barbara Duros Trust UAD and made payable to Movant in the amount of $1,000, endorsed

PAGE 3:

by Movant and deposited by her into her personal account on November 13, 2014;

  1. check number 1026, dated November 20, 2014, drawn on firm account ending in 6549, which was in the name of firm client John B. Zabor Irrevocable Trust for the benefit of Joshua B. Zabor DTD, and made payable to Kentopian in the amount of $2,350, endorsed by Kentopian and deposited into Movantís personal account on November 20, 2014;

  2. check number 1027, dated December 2, 2014, drawn on firm account ending in 6549, which was in the name of firm client John B. Zabor Irrevocable Trust for the benefit of Joshua B. Zabor DTD, and made payable to Kentopian in the amount of $1,050, endorsed by Kenotpian and deposited into Movantís personal account on November 20, 2014;

  3. check number 608, dated December 8, 2014, drawn on firm account ending in 5601, which was in the name of firm client George and Barbara Duros Trust UAD and made payable to Kentopian in the amount of $2,400, endorsed by Kentopian and deposited into Movantís personal account on December 8, 2014;

  4. check number 1079, dated January 5, 2015, drawn on firm account ending in 1118, which was in the name of Thomas P. Breen Jr Living Trust and made payable to Movant in the amount of $3,050, endorsed by Movant and deposited into her personal account on January 7, 2015;

  5. check number 1082, dated January 27, 2015, drawn on firm account ending in 1118, which was in the name of Thomas P. Breen Jr Living Trust and made payable to Movant in the amount of $2,450, endorsed by Movant and deposited into her personal account on January 27, 2015;

  6. check number 1083, dated February 6, 2015, drawn on firm account ending in 1118, which was in the name of Thomas P. Breen Jr Living Trust and made payable to Movant in the amount of $3,200, endorsed by Movant and deposited into her personal account on February 6, 2015;

  7. check number 1084, dated February 19, 2015, drawn on firm account ending in 1118, which was in the name of

PAGE 4:

Thomas P. Breen Jr Living Trust and made payable to Movant in the amount of $3,000, endorsed by Movant and deposited into her personal account on February 19, 2015; and,

  1. check number 1085, dated March 3, 2015, drawn on firm account ending in 1118, which was in the name of Thomas P. Breen Jr Living Trust and made payable to Movant in the amount of $3,242, endorsed by Movant and deposited into her personal account on March 3, 2015.

7. On January 28, 2016, the McHenry County Stateís Attorneyís Office charged Movant in a six-count indictment in the matter entitled People of the State of Illinois v. Robin L. Perry, 16 CF 114, with two counts of theft over $10,000 and less than $100,000, a class 2 felony, representing charges of theft across the Rupp & Youman accounts as described above in paragraph six, specifically including the Breen account, referred to in subparagraphs 6(e) through 6(i), above. Movant was also charged with four counts of theft over $500 and less than $10,000, a class 3 felony, representing charges of theft from the Zabor and Duros accounts described in subparagraphs 6(a) though 6(d), as well as listing attorney Guy Youman as an individual victim.

8. On April 21, 2017, Movant entered into a plea agreement and pled guilty to the first count of the indictment, which charged her with the theft of over $10,000 and less than $100,000 of the "property of Youman, being trust and partnership funds" in violation of Chapter 720, Section 5/16-1(a)(1)(A) of the Illinois Compiled Statutes. Pursuant to the plea agreement, the remaining counts against Movant were dismissed on the motion of the McHenry County Stateís Attorneyís Office. The Honorable Sharon Prather entered a judgment of conviction and sentenced Movant to 36 months conditional discharge. The conviction and sentence required Movant to report to the Probation Division and to comply with requirements of the Probation

PAGE 5:

Division. Additionally, Movant was ordered to pay $11,229.50 in restitution to "Rupp & Youman trust account" as well as a $500 fine and court costs by April 17, 2020.

II. CONCLUSIONS OF MISCONDUCT

9. As a result of the judgment of conviction and the conduct described above, Movant has engaged in the following misconduct:

  1. committing a criminal act, in that Movant committed felony theft and violated 720 ILCS 5/16-1(a)(1)(A) by conduct including removing nine checks from the Law Offices of Rupp & Youman, drawing and negotiating or causing the nine checks described above to be negotiated, and receiving funds from Rupp & Youman accounts without permission or authority and with intent to permanently deprive the owner of the funds, in violation of Rule 8.4(a)(3) of the Illinois Rules of Professional Conduct; and

  2. conduct involving dishonesty, fraud, deceit or misrepresentation, by conduct including removing client trust account checks from the Law Offices of Rupp & Youman, drawing and negotiating, or causing the nine check described above to be negotiated, and receiving funds from Rupp & Youman accounts without permission or authority and with intent to permanently deprive the owner of the funds, in violation of Rule 8.4(a)(4) of the Illinois Rules of Professional Conduct.

 

Udeme V. Itiat
Email: uitiat@iardc.org
Counsel for the Administrator
Attorney Registration and Disciplinary Commission
130 East Randolph Drive, Suite 1500
Chicago, Illinois 60601
Telephone: (312) 565-2600

Respectfully submitted,

Jerome Larkin, Administrator
Attorney Registration and
Disciplinary Commission

By:  /s/Udeme V. Itiat
           Udeme V. Itiat