Rancho Cucamonga, CA 91729
18 September 1999 | Resigned (24 years, 7 months ago) Resignation with charges pending 99-Q-11182 |
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7 July 1999 | Not eligible to practice law in CA (24 years, 9 months ago) Vol.inactive(tender of resign.w/charges) 99-Q-11182 |
29 June 1999 | Active (24 years, 10 months ago) |
10 June 1999 | Not eligible to practice law in CA (24 years, 10 months ago) Vol.inactive(tender of resign.w/charges) 99-Q-10942 |
4 July 1998 | Discipline, probation; no actual susp. 95-O-11049 (25 years, 10 months ago) |
21 April 1997 | Disciplinary charges filed in State Bar Court 95-O-11049 (27 years ago) |
11 April 1975 | Admitted to the State Bar of California (49 years ago) |
September 18, 1999 CHARLES FRANKLYN BENNINGHOFF III [#63634], 55, of San Juan Capistrano was placed on interim suspension Aug. 9, 1999, following his conviction for conspiracy to falsify financial statements to a federally insured financial institution. He was ordered to comply with rule 955. He resigned from the bar Sept. 18, 1999. July 4, 1998 CHARLES F. BENNINGHOFF III [#63634], 54, of San Juan Capistrano was suspended for 30 days, stayed, placed on one year of probation with conditions including restitution, and was ordered to take the MPRE within one year. The order took effect July 4,1998. Benninghoff stipulated to misconduct in three matters.In the first case, he threatened to file a State Bar complaint against opposing counsel and to pursue criminal action against the attorney's clients if the attorney did not stop his efforts to execute a judgment against Benninghoff's clients.In another matter, he sent a written solicitation of employment to prisoners held in the San Diego jail. Written in Spanish, the solicitation, which was not identified as an advertisement, said Benninghoff could help prisoners apply for a transfer to a Mexican prison. It also implied he had a relationship with government officials in both Mexico and the U.S. which could help the prisoners. In the third matter, Benninghoff accepted $15,000 to help a Mexican prisoner secure a transfer to a Mexican prison. Several days after signing an employment agreement, the prisoner said he no longer wanted Benninghoff to represent him and asked for a return of the fee. Benninghoff provided an accounting of the work he had done, demonstrating that he had earned the full amount. Due to a communications problem, he charged for services performed after he was discharged.Benninghoff took the matter to arbitration and won, but refunded $3,000 to the prisoner's family anyway.In a separate investigative matter, Benninghoff was found to have accepted representation adverse to a former client, but his conduct did not rise to the level of a disciplinary offense.In mitigation, he has no record of discipline since his 1975 admission to the bar, and he cooperated with the bar's investigation. |