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NOTICE OF REVOCATION AND RESTITUTION (Pending Appeal)

Case Nos. 02-7-GA; 02-14-FA Notice Issued: October 11, 2002 Thomas A. Marcucci, P-33840, Royal Oak, Michigan, by the Attorney Discipline Board Tri-County Hearing Panel #51.

1. Revocation; 2. Effective October 3, 2002. The hearing panel found, by default, that respondent misappropriated a client=s settlement funds; and failed to file answers to a request for investigation and a formal complaint served by the Grievance Administrator.

Respondent's conduct was found to be in violation of MCR 9.104(A)(1)-(4), (7); MCR 9.112(D); MCR 9.113(A) and (B)(2); and Michigan Rules of Professional Conduct and 1.4(a); 1.15(a)-(c); and 8.4(a)-(c). The panel issued an order revoking respondent's license to practice in Michigan and ordered restitution in the amount of $11,725.00.

Respondent file a delayed application for leave to appeal which was granted by the Attorney Discipline Board and the matter has been scheduled for a review hearing on November 21, 2002. Respondent also filed a motion for stay of discipline which was denied by the Board on October 9, 2002.

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