NOTICE OF SUSPENSION AND RESTITUTION (Pending Appeal)
Case No. 00-132-GA Notice Issued: June 24, 2003 David E. Fregolle, P 37832, Southfield, Michigan, by the Attorney Discipline Board Tri-County Hearing Panel #65.
1. Suspension - 3 Years; 2. Effective June 11, 2003. The hearing panel found that respondent failed to refund an unearned fee; filed false and misleading bankruptcy forms and schedules with the U.S. Bankruptcy Court; and either caused false testimony to be given at the bankruptcy hearing or failed to correct testimony that he knew to be false. Respondent=s conduct was found to be in violation of Michigan Rules of Professional Conduct 1.16(d); 3.3(a)(1); 3.4(a) and (b); and 8.4(a)-(c). The hearing panel ordered that respondent=s license to practice be suspended for three years and also ordered that respondent pay restitution in the amount of $925.00.
The Grievance Administrator filed a timely petition for review seeking increased discipline and the respondent filed a timely petition for a stay of discipline. On June 6, 2003, the Attorney Discipline Board denied respondent=s stay of discipline and respondent subsequently filed a cross-petition for review. A review hearing is scheduled for August 21, 2003.