Costa Mesa, CA 92626-1660
28 January 2018 | Resigned (7 years, 4 months ago) Resignation with charges pending 17-Q-03499 |
---|---|
16 June 2017 | Not eligible to practice law in CA (8 years ago) Vol.inactive(tender of resign.w/charges) 17-Q-03499 |
12 February 2016 | Not eligible to practice law in CA (9 years, 4 months ago) Discipline w/actual suspension 12-N-16663 |
15 February 2013 | Disciplinary charges filed in State Bar Court 12-N-16663 (12 years, 4 months ago) |
1 August 2012 | Not eligible to practice law in CA (12 years, 10 months ago) Actual Suspension Delayed 06-O-11488 |
16 July 2012 | Active (12 years, 11 months ago) |
13 July 2012 | Probation with conditions 06-O-11488 (12 years, 11 months ago) |
13 July 2012 | Not eligible to practice law in CA (12 years, 11 months ago) Discipline w/actual suspension 06-O-11488 |
27 June 1969 | Admitted to the State Bar of California (56 years ago) |
February 12, 2016 ALBERT MYRICK GRAHAM JR. [#44490], 78, of Santa Ana, was suspended from the practice of law for two years and until he provides proof of his rehabilitation. He was also ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. In addition, he was placed on three years’ probation and faces a three-year suspension if he does not comply with the terms of his disciplinary probation. The order took effect Feb. 12, 2016. A hearing judge found Graham culpable of failing to comply with rule 9.20. Graham appealed, asserting the Office of Chief Trial Counsel had failed to prove the violation and that, in any event, it was a “technical and insignificant instance of noncompliance.†A three-judge review panel affirmed the hearing judge’s discipline recommendation.In mitigation, Graham stipulated to certain facts in his case and took some steps to comply with rule 9.20, although he should have done so earlier.Graham had two prior records of discipline: a 2012 suspension that stemmed from his underpayment of taxes for three years and a 2002 private reproval for improperly entering into a business transaction with a client.July 13, 2012 ALBERT MYRICK GRAHAM JR., 75, of Santa Ana was suspended for three years, stayed, placed on three years of probation with an actual two-year suspension and until he proves his rehabilitation and he was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. The order took effect July 13, 2012, with the exception of the actual suspension, which became effective Aug. 1. A three-judge review panel upheld a State Bar Court hearing judge’s conclusion that Graham committed acts of moral turpitude based on a federal court’s finding that he underpaid his taxes for three years by about $157,000. Graham argued that his actions “did not rise to the level of moral turpitude†because criminal tax fraud charges were never filed against him.In 2005, a U.S. Tax Court judge found that Graham engaged in an elaborate scheme to hide his income and assets in order to avoid paying taxes and a private debt to a mortgage company. The appellate court affirmed the finding and its tax fraud penalty.Prior to 1995, Graham owned a 33 percent interest in an apartment building. That year, he and his co-owners defaulted on a $3.4 million note on the property held by Redlands Federal, which instituted judicial foreclosure proceedings. According to the hearing judges’ opinion, Graham admitted he created bogus legal documents to prevent the bank from attaching his personal assets for a deficiency judgment — he created a fraudulent lien on his car and then executed two false deeds of trust. Graham’s office manager and an accountant friend helped divert client checks and attorney’s fees that were not reported on his tax returns.Graham’s misconduct was discovered after he accused his office manager of embezzling funds and she reported his actions to her lawyer. An Orange County deputy district attorney testified at Graham’s tax court trial that no charges were filed against him due to insufficient evidence. Graham testified that he sued his office manager and received a judgment of more than $500,000.The bar court found that his testimony lacked candor and cited his claims that he legitimately created deeds of trust on his properties in 1995, even though he told the tax court they were bogus. He also falsely testified that he diverted $135,421 of his income to his accountant to “invest†in his retirement, although the court said the accountant simply followed Graham’s instruction to either pay the money back to him or to others for his benefit. Graham filed a malpractice action against his accountant for not discovering the office manager’s alleged embezzlement.He ultimately paid his overdue taxes, penalties and fees.The review department rejected Graham’s claims that he encumbered his assets on his lawyer’s advice and that his actions did not involve moral turpitude because he was never charged with criminal tax fraud.Writing for the panel, Judge Catherine Purcell said, “Graham fraudulently concealed his assets and income for more than four years to deceive a creditor and the IRS. He engaged in a complex scheme of fraud for personal financial gain. He also used his legal skills to draft false documents and hide his law practice income.â€Graham was privately reproved in 2002 for improperly entering into a business transaction with a client. In mitigation, he presented evidence of his good character and has performed extensive pro bono services. |