STATE OF MICHIGAN Attorney Discipline Board
,1., 2UI9MI R 19 AMIO=50
GRIEVANCE ADMINISTRATOR, Attorney Grievance Commission,
Petitioner/Appellee/Cross-Appeliant,
v
Case No. 17-59-GA
HAROLD C. MACDONALD, P 16912,
Respondent/AppellantlCross-Appellee.
______________________________ I
ORDER AFFIRMING HEARING PANEL ORDER OF DISBARMENT, AMENDING ORDER OF RESTITUTION AND ADDING CONDITIONS
Issued by the Attorney Discipline Board 211 W. Fort St., Ste. 1410, Detroit, MI
On February 22, 2018, Tri-County Hearing Panel #105 of the Attorney Discipline Board entered an Order of Disbarment and Restitution in this matter. On March 19, 2018, respondent filed a petition for review. The Grievance Administrator filed a cross-petition for review on April 4, 2018.
The Attorney Discipline Board has conducted review proceedings in accordance with MCR 9.118,including review of the record before the hearing panel and consideration of the briefs and arguments presented to the Board at a review hearing conducted on June 20,2018.
NOW THEREFORE, for the reasons set forth in the accompanying opinion,
IT IS ORDERED that the hearing panel Order of Disbarment issued on February 22, 2018, is AFFIRMED.
IT IS FURTHER ORDERED that the hearing panel order of restitution issued on February 22,2018 is AMENDED from $160,545.33 to $132,733.13. Respondent is also ordered to forfeit attorney fees in the total amount of $10,290.25. Accordingly, the total amount of restitution is AMENDED to $143,023.38. Respondent shall, on or before April 17, 2019, pay restitution as follows:
1. 2.
Gerich Family Joint Revocable Living Trust - $ 22,787.07 Estate of Valentina Grimme, Deceased - $120.236.31
TOTAL:
$143,023.38
Respondent shall file written proof of payment with the Attorney Grievance Commission and the Attorney Discipline Board within 10 days of the payment of restitution to each person.
IT IS FURTHER ORDERED that respondent shall not be eligible for reinstatement in accordance with MCR 9.123(B) unless respondent has fully complied with the restitution provisions of this order.
IT IS FURTHER ORDERED that respondent shall pay the rental fees for the off-site storage of his client files. Respondent is directed to pay rent to the storage facility each month,f rom the date of this Order until such time that the client files at the off-site facility are transferred to Mr. Vader or returned to the clients.
IT IS FURTHER ORDERED that, with regard to any other client files, including those that remain at respondent's former office,r espondent is directed to contact the former clients and make arrangements to have the files returned to those clients.
IT IS FURTHER ORDERED that respondent shall,o n or before April 17. 2019, pay costs incurred by the Attorney Discipline Board for the transcript of review proceedings conducted on June 20, 2018, in the amount of $125.50. This amount is in addition to the costs previously assessed in the hearing panel order of February 22, 2018,t ogether with interest pursuant to MCR 9.128. Total costs assessed and owed are $3,535.36. Check or money order shall be made payable to the Attorney Discipline System, and submitted to the Attorney Discipline Board [333 W. Fort St., Suite 1700,D etroit, MI 48226] for proper crediting. (See attached instruction sheet).
Dated: March 19,2019
By:
Rev. Michael Murray,C hairper
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Board members Louann Van Der Wiele,R ev. Michael Murray, Barbara Williams Forney, James A. Fink,K aren O'Donoghue, and Michael B. Rizik, Jr.. concur in this decision.
Board members John W. Inhulsen, Jonathan E. Lauderbach, and Linda Hotchkiss, MD, were absent and did not participate.