MEMBERS WILLIAM J. DANHOF
CHAIRPERSON THOMAS G. KIENBAUM VICE· CHAIRPERSON ROSALIND E. GRIFFIN, M.D.
SECRETARY WILLIAM L. MATIHEWS ANDREA L. SOLAK CARL E. VER BEEK CRAIG H. LUBBEN
JAMES M. CAMERON, JR. SYLVIA P. WHITMER, Ph.D
STATE OF MICHIGAN ATTORNEY DISCIPLINE BOARD
JOHN F. VAN BOLT EXECUTIVE DIRECTOR MARK A. ARMITAGE DEPUTY DIRECTOR
JENNIFER M. PETTY LEGAL ASSISTANT
21 1 WEST FORT ST. SUITE 1410 DETROIT, MICHIGAN 48226-3236 PHONE: 313-963-5553 FAX: 313-963-5571
WWW.ADBMICH.ORG
FINAL NOTICE OF SUSPENSION AND RESTITUTION Case No. 09-3-GA Notice Issued: April 11, 2011 Robert D. Stein, P 20953, Bingham Farms, Michigan, by the Attorney Discipline Board increasing discipline from a suspension fo 179 days to a suspension of 180 days, affirming restitution and vacating condition.
1. Suspension - 180 Days 2. Effective April 8, 2011 The panel found that respondent engaged in conduct that violates the criminal laws of the United States, including, but not limited to: attempting to evade or defeat tax, 26 USC § 7201; willful
failure to pay over tax, willful failure to file return, supply information, or pay tax; willful failure to make statement to employees; drawing checks upon bank without any bank account; issuing checks without sufficient funds; failing to answer a request for investigation or complaint; failing to respond to a lawful demand for information from a disciplinary authority; depositing his own funds into the client trust account in an amount in excess of those reasonably necessary to pay financial institution service charges or fees; and failing to deposit, into the client trust account, legal fees and expenses that have been paid in advance. Respondent's conduct was in violation of MCR 9.1 04(A)(2)-(4), (5) and (7), MCR 9.113(A) and (B)(2), and Michigan Rules of Professional Conduct 1.15(f) and (g); 8.1(a)(2); and 8.4(a) and (b).
The panel ordered that respondent's license to practice law in Michigan be suspended for 179 days and that he pay restitution in the aggregate amount of $3,067.67. The panel also ordered that respondent be subject to a condition relevant to the established misconduct.
The Grievance Administrator filed a petition for review seeking an increase in discipline. Respondent filed a cross-petition and requested a stay of discipline, which was granted by the Board. Upon review, the Board increased discipline from a 179 day suspension to a 180 day suspension, affirmed the restitution and vacated the condition. Respondent filed a motion for reconsideration, which was denied by the Board on March 10,2011. Under MeR 9.118(E), the stay of discipline was continued to April 8, 2011.
Respondent filed an application for leave to appeal and motion for immediate consideration with the Michigan Supreme Court. On April 6, 2011, the Supreme Court granted the motion for immediate consideration but denied the application for leave to appeal. Total costs were assessed in the amount of $5,747.78.
n Bolt APR 11 2011
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