Thursday, March 25, 2010

Georgia Supremes Rip State Bar For Proposed Handslap For Wayward Lawyer Who Used Stolen ID, Phony Documents To Rip Off Employer Of Nearly $500K

In Atlanta, Georgia, Business Insider reports:

  • The Georgia Supreme Court called out the State Bar on Monday for its meek punishment of a fraudulent lawyer, calling the proposed sanction "troubling" in its unanimous rejection of his petition for voluntary suspension.(1) The Bar had agreed to a six month to one year retroactive suspension for Michael J.C. Shaw for using fake identities to bilk Greenberg Traurig(2) of nearly $500,000 by posing as a third-party vendor on invoices.

***

  • The firm uncovered the misconduct in the summer of 2009. He was fired and subsequently cooperated with the firm's investigation and coughed up $526,922 to the firm, per their request. Shaw requested a retroactive six to 12 month suspension, to which the Georgia State Bar agreed. He is not charged with a crime.

Source: Georgia Supreme Court Chews Out Former Greenberg Traurig Partner And State Bar.

See also: ABA Journal: Ga. Supremes Want Tougher Sanction for Ex-Greenberg Traurig Associate.

(1) At the risk of appearing like I'm piling on, I provide below the entire concurring opinion of Justice David Nahmias, who ripped the Georgia State Bar and Shaw for the suggested sanction for this guy after getting bagged for ripping off his employer of nearly $500K:

  • In my view, Michael J. C. Shaw is fortunate not to be incarcerated in a state or federal prison for the half-million-dollar fraud he perpetrated against his employer, along with related crimes such as identity theft and misuse of someone else's social security number. His multi-year, multi-faceted scheme ended only when he was caught. I join the Court's unanimous decision rejecting Shaw's petition for voluntary discipline of a six to twelve month suspension, "preferably retroactive" to the date he stopped practicing law, which occurred when his law firm discovered his scheme and terminated him. I write to express how troubling I find it that Shaw and, even worse, the State Bar apparently believe that such a short "break" from practicing law is appropriate discipline for his extended, extensive, and serious misconduct, notwithstanding the factors he presents in mitigation. I expect that most members of the Bar, and almost every citizen in this State, would be equally disturbed by that concept of attorney discipline. I am authorized to state that Presiding Justice Carley joins in this concurrence.

Source: In The Matter Of Michael J. C. Shaw, No. S10Y0571 (March 15, 2010).

(2) For other stories on alleged "follies" connected to this law firm, see:

No comments: