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In re Boyman

Supreme Court of New Jersey

January 11, 2019

In The Matter Of Christopher D. Boyman An Attorney At Law

          Decided: January 11, 2019

          District Docket No. XIV-2017-0654E

          Ellen A. BrodsKy Chief Counsel

          DECISION

          BONNIE C. FROST, CHAIR.

         To the Honorable Chief Justice and Associate Justices of the Supreme Court of New Jersey.

         This matter was before us on a certification of the record filed by the Office of Attorney Ethics (OAE), pursuant to R. l:20-4(f). A two-count complaint charged respondent with violations of RPC 3.3(a)(1) (false statement of material fact to a tribunal), RPC 5.5(a), R. l:20-20(b)(1) and IL l:20-20(b)(ll) (practicing law while suspended), RPC 8.1(b) (failure to cooperate with an ethics investigation), and RPC 8.4(c) (conduct involving dishonesty, fraud, deceit or misrepresentation).

         We determine to recommend respondent's disbarment.

         Respondent was admitted to the New Jersey bar in 1987. In 2010, he was censured, on a certified record, for misconduct in two matters. In one matter, he was found guilty of gross neglect, lack of diligence, and failure to communicate with his client. In the other matter, he was found guilty of gross neglect and lack of diligence in connection with two collection matters. He also entered into an improper business transaction with the client and failed to return the client's file. He failed to cooperate with disciplinary authorities in both matters. In re Bovman, 201 N.J. 203 (2010).

         In 2012, respondent was temporarily suspended, effective February 6, 2012, for failure to pay the assessed disciplinary costs in connection with his censure matter. In re Bovman, 209 N.J. 2 (2012). He remains suspended to date.

         On May 16, 2014, respondent received a second censure, also in a default, for his failure to file the R. 1:20-20 affidavit required of all suspended attorneys. In re Bovman, 217 N.J. 360 (2014).

         In a third default, on December 6, 2018, the Court suspended respondent for three years, effective January 4, 2019, based on his continued practice of law while suspended for more than four years, from May 9, 2012 to August 24, 2016, in at least nineteen client matters involving loan transactions that exceeded $23 million. In re Boyman, N.J. (2018) In the Matter of Christopher D. Boyman, DRB 18-085 (August 22, 2018).

         Service of process was proper in this matter. On June 8, 2018, the OAE sent a copy of the complaint by certified and regular mail to respondent's home address as listed in the attorney registration records. The certified mail receipt was returned, having been signed by "C. Boyman" on July 6, 2018. The regular mail was not returned.

         On July 9, 2018, the OAE sent a second letter to respondent, to the same home address, also by regular and certified mail, informing him that, if he did not answer the complaint within five days of the date of the letter, the allegations of the complaint would be deemed admitted; that, pursuant to IL l:20-4(f) and R. l:20-6(c)(1), the record in the matter would be certified directly to us for imposition of sanction; and that the complaint would be amended to include a charge of a violation of RPC 8.1(b). United States Postal Service tracking records indicate successful delivery of the certified mail on July 12, 2018. The regular mail was not returned.

         The time within which respondent may answer the complaint has expired and, as of February 26, 2018, he had not filed an answer. Thus, the ...


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