Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Barrett

Supreme Court of New Jersey

April 25, 2019

In the Matter of Richard John Barrett An Attorney At Law

         District Docket No. XIV-2016-0599E

          Argued: January 17, 2019

          Eugene Racz appeared on behalf of the Office of Attorney Ethics.

          Respondent waived appearance for oral argument.

          Ellen A. Brodsky, Chief Counsel

          DECISION

          Disciplinary Review Board 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 motion for final discipline filed by the Office of Attorney Ethics (OAE), pursuant to R. 1:20-13(c)(2), following respondent's guilty plea to one count of petit larceny, a class A misdemeanor, in violation of N, Y. State Penal Law § 155.25 (Consol. 1967). The OAE seeks respondent's disbarment.

         For the reasons set forth below, we determine to grant the motion and recommend respondent's disbarment for the knowing misappropriation of $170, 000 in escrow funds.

         Respondent was admitted to both the New Jersey and New York bars in 1999. At the relevant times, he maintained an office for the practice of law in Staten Island, New York. He has no history of discipline in New Jersey.

         On February 27, 2019, the Supreme Court of New York, Appellate Division, Second Judicial Department disbarred respondent for "intentional misappropriation" and theft of $170, 000 in escrow funds, among other things. In re Barrett, ___N.Y.S.2d___ (N.Y. App. Div 2019) (2019 NY Slip. Op. 01406).

         On August 4, 2015, respondent was charged with nine criminal offenses, including one count of petit larceny, a class A misdemeanor, arising from his January 8, 2015 deposit of a $125, 000 check into an "escrow account" maintained at Victory State Bank, in connection with his representation of Robert Beagan. On May 12, 2015, respondent issued a Victory State Bank check in the same amount. Two days later, the check was returned for insufficient funds. The detective who filed the criminal charges had examined respondent's business records and learned that, as of May 1, 2015, the Victory State Bank escrow account balance was only $920.97. On the last day of the month, the account was empty.

         On March 21, 2017, consistent with a plea agreement between respondent and the Richmond County District Attorney's Office, he pleaded guilty to one count of petit larceny, a class A misdemeanor, based on two incidents. The first was respondent's dissipation of $125, 000, which his client Robert Beagan had given to respondent, in connection with Robert's divorce from Mary Beagan.[1] The second incident involved respondent's use of $45, 000, which, as the attorney for the Estate of John Eppolito, [2] ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.