George Stuart Kellner was admitted to the California Bar 12th December 1983, but has since been disbarred. George graduated from John F Kennedy University SOL.

Lawyer Information

NameGeorge Stuart Kellner
First Admitted12 December 1983 (41 years, 5 months ago)
StatusDisbarred
Bar Number111670

School

Law SchoolJohn F Kennedy University SOL (Orinda CA)

Address

Current Address326 Main St # 3
Glouchester, MA 01930
Map

History

15 August 2012Disbarred (12 years, 8 months ago)
Disbarment 02-C-13863
27 February 2012Not eligible to practice law in CA (13 years, 2 months ago)
Ordered inactive 02-C-13863
9 April 2005Not eligible to practice law in CA (20 years ago)
Interim suspension after conviction 02-C-13863
1 March 2005Conviction record transmitted to State Bar Court 02-C-13863 (20 years, 2 months ago)
12 December 1983Admitted to the State Bar of California (41 years, 5 months ago)

Discipline Summaries

August 15, 2012

GEORGE STUART KELLNER [#], 58, of Oakley was disbarred Aug. 15, 2012, and was ordered to comply with rule 9.20 of the California Rules of Court.

Kellner has been on interim suspension since 2005, following convictions for perjury and five counts of tax evasion, crimes involving moral turpitude. He was ordered to pay $7,200 in fines and $139,182.65 in restitution to the Franchise Tax Board and was sentenced to six years and four months in prison.

A lengthy narrative of Kellner’s background, which is part of the stipulation, describes a life spent growing up in a circus family that ran “one of the top three tented circus(es) traveling in the United States and Canada.” The story is careful to say the business “was not a carnival . . . (and) provided wholesome family entertainment over its lifetime to millions.” When Kellner’s parents divorced, the circus folded and he and his brother formed Stuart Bradley Productions Inc., a fundraising operation that contracted with about 100 law enforcement and firefighter sponsors to produce shows and publish crime prevention manuals.

At its peak, SBP had 35 offices in several states and British Columbia. It contracted with the Santa Clara County Deputy Sheriff’s Association (DSA) in the 1980s, raising money by soliciting the general public via telemarketing. SBP kept 85 percent of the funds. At some point, the Kellner brothers began diverting DSA’s share of the funds it raised for their own use and began to secretly pay Armand Tiano, DSA president, a two-time candidate for sheriff and a sheriffs union activist. In return, Tiano promoted SBP to other law enforcement organizations. SBP ultimately owed DSA $100,000. When the economy soured in the 1990s, SBP failed.

After news reports critical of the Kellners and their fundraising activities were aired, the brothers formed a Nevada corporation to continue their fundraising activities. Over time, the brothers had a falling-out and went their separate ways. Tiano and Matthew Kellner engaged in fundraising activities that collected more than $3 million over five years, but also led to conspiracy, grand theft and embezzlement convictions when only $50,000 found its way to charitable purposes.

George Kellner was not convicted of those crimes and claims he was unaware of them. However, he was convicted of perjury and tax evasion for failing to file tax returns and report the income for one fundraising organization for which he helped prepare and sign a reporting form that must be filed with the California attorney general. The forms contained misrepresentations. In addition, the fundraising organization did not file federal or state income tax returns for tax years 1996-2000. It owed income taxes of $40,000 for 1993-2000 on unreported income of $432,000.

George Kellner unsuccessfully appealed his convictions to both the California Court of Appeal and the Supreme Court and was placed on interim suspension by the State Bar in 2005.

He offered extensive mitigation, including cooperation with the bar, divorce, a reputation as an honorable attorney and no prior discipline. He did not personally profit from his perjury or tax evasion and his conduct was not related to the practice of law.