Yountville, CA 94599-2766
30 June 2006 | Disbarred (18 years, 10 months ago) Disbarment 04-O-12255 |
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5 February 2006 | Not eligible to practice law in CA (19 years, 3 months ago) Ordered inactive 04-O-12255 |
22 October 2005 | Not eligible to practice law in CA (19 years, 6 months ago) Ordered inactive 04-O-12255 |
31 August 2005 | Disciplinary charges filed in State Bar Court 04-O-12255 (19 years, 8 months ago) |
1 January 2004 | Inactive (21 years, 4 months ago) |
1 December 2003 | Active (21 years, 5 months ago) |
1 January 1997 | Inactive (28 years, 4 months ago) |
30 June 1966 | Admitted to the State Bar of California (58 years, 10 months ago) |
June 30, 2006 DAVID ROHM CUNNINGHAM [#38892], 67, of Yountville was disbarred June 30, 2006, and was ordered to comply with rule 955 of the California Rules of Court. In a default matter, the State Bar Court found that Cunningham committed three acts of misconduct, two involving moral turpitude and the third for failing to report a civil judgment against him to the bar.Cunningham was one of two managing general partners in Yountville Office Building Investors, which owned and operated a commercial property known as Beard Plaza. As a fiduciary, he had a responsibility to maintain complete and accurate financial records for the partnership.When he decided to leave the partnership in 2002, his partners asked for an accounting of all assets in order to valuate Cunningham's share, but he did not respond. In response to the partners' refusal to release him from the partnership, he gave himself unauthorized loans.The State Bar Court found that he misappropriated $136,698, including money from the partnership's bank account, rent he owed for office space, and the value of 10 free parking spaces he provided to a tenant of Beard Plaza for whom he did legal work.The partnership removed him as general partner and sued him, winning a civil judgment of $161,698 for fraud, conversion, constructive fraud, suppression of fact and concealment. He did not report the judgment to the bar as required.The court agreed with bar prosecutors' argument that "misappropriation of this magnitude warrant(s) disbarment," despite Cunningham's 31 years of practice without discipline. |