MEMBERS LOUANN VAN DER WIELE CHAIRPERSON REV. MICHAEL MURRAY VICE-CHAIRPERSON BARBARA WILLIAMS FORNEY SECRETARY JAMES A. FINK JOHN W. INHULSEN
JONATHAN E. LAUDERBACH KAREN D. O'DONOGHUE MICHAEL B. RIZIK, JR. LINDA S. HOTCHKISS, MD
STATE OF MICHIGAN ATTORNEY DISCIPLINE BOARD
211 WEST FORT STREET, SUITE 1410
DETROIT, MICHIGAN 48226-3236 PHONE: 313-963-5553 I FAX: 313-963-5571
MARK A. ARMITAGE EXECUTIVE DIRECTOR
WENDY A. NEELEY DEPUTY DIRECTOR
KAREN M. DALEY ASSOCIATE COUNSEL
SHERRY L. MIFSUD OFFICE ADMINISTRA TOR
ALLYSON M. PLOURDE CASE MANAGER
OWEN R. MONTGOMERY CASE MANAGER
JULIE M. LOISELLE RECEPTIONISTISECRETARY
NOTICE OF DISBARMENT AND RESTITUTION Case No. 18-21-GA Notice Issued: July 13, 2018 James F. Wynn, P 32292, Petoskey, Michigan, by the Attorney Discipline Board Emmet County Hearing Panel #1.
Disbarred, Effective July 12, 2018 Based on respondent's default, the hearing panel found that respondent committed professional misconduct in his representation of American Hospitality Management 1, LLC, for negotiation of potential financing and management assistance agreements in hotel projects; and and that he failed to answer a request for investigation.
The panel found that respondent failed to promptly payor deliver funds that the client or third person is entitled to receive, in violation of MRPC 1.15(b)(3); failed to hold client and third party funds in connection with a representation separate from the lawyer's funds, in violation of MRPC 1.15(d ); failed to deposit the client or third person funds into an IOLT A or non-IOLTA account, and failed to appropriately safeguard such funds, in violation of MRPC 1.15(d); in the course of representing a client, knowingly made a false statement of material fact to a third person, in violation of MRPC 4.1; engaged in conduct that violated a criminal law of the state, in violation of MCR 9.104(5); and failed to answer a request for investigation in conformity with MCR 9.113(A), in violation of MeR 9.104(7). Respondent was also found to have violated MeR 9.104(1 )-(3); and MRPC 8.4(a)-(c).
The panel ordered that respondent be disbarred from the practice of law in Michigan and that he be required to pay restitution in the amount of $250,000 to the complainant. Costs were ~:;~:. ark A. Armitage ~
Executive Director