Berkeley, CA 94708
19 June 2008 | Disbarred (16 years, 10 months ago) Disbarment 05-O-04404 |
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13 January 2008 | Not eligible to practice law in CA (17 years, 3 months ago) Ordered inactive 05-O-04404 |
27 September 2007 | Not eligible to practice law in CA (17 years, 7 months ago) Ordered inactive 05-O-04404 |
6 July 2007 | Not eligible to practice law in CA (17 years, 10 months ago) Ordered inactive 05-O-04404 |
28 March 2007 | Disciplinary charges filed in State Bar Court 05-O-04404 (18 years, 1 month ago) |
16 June 1955 | Admitted to the State Bar of California (69 years, 11 months ago) |
June 19, 2008 WILSON REID OGG [#26145], 80, of Berkeley was disbarred June 19, 2008, and ordered to make restitution and comply with rule 9.20 of the California Rules of Court. In a default proceeding, the State Bar Court found that Ogg misappropriated $25,000 he held in trust as the escrow agent for the sale of his clients’ mobile home. The buyer gave Ogg $97,000 to hold in trust. When the sale of the home was finalized, Ogg gave the sellers a check for $57,684.19 as their share of the proceeds. Because a contractor had filed a breach of contract lawsuit against the sellers, Ogg kept $25,000 for distribution to the prevailing party. The contractor obtained a restraining order prohibiting Ogg from disbursing the money in his escrow account to the sellers except for the purposes of paying the contractor. However, when the order was issued, Ogg’s account was overdrawn by $223. The sellers won a judgment and a court ordered Ogg to disburse the funds in his escrow account to them. He claimed his employees had embezzled the money.The sellers then filed a breach of contract lawsuit against Ogg, seeking the $25,000 plus interest. He defaulted and did not pay a court judgment for $30,192.68The State Bar Court found that Ogg misappropriated his clients’ money, committing an act of moral turpitude, and he violated trust account rules.During the course of the mobile home case, the Department of Corporations sued Ogg for operating an escrow agency without a license and won a preliminary injunction prohibiting him from acting as an escrow agent. He signed a declaration that falsely stated that all escrows that were handled by his law office had been transferred and cancelled and that there were no more open escrows. In fact, he was still acting as the escrow agent on the sale of the mobile home.The bar court found that his misrepresentations involved moral turpitude. Although Ogg practiced law for 37 years without any discipline, the court recommended his disbarment, citing the Supreme Court’s repeated findings that misappropriation of trust funds is a grievous violation and that even an insolated instance is grounds for disbarment. Ogg was ordered to pay restitution of $30,192.68 plus interest to the mobile home sellers. |