Case Number(s): 07-O-14090, 08-O-11126
In the Matter of: Garbis N. Etmekjian, A Member of the State Bar of California, (Respondent), Bar # 151989
Counsel For The State Bar: Diane J. Meyers, Bar # 146643
Counsel for Respondent: Ronald Gold, Bar # 52416
Submitted to: Settlement Judge State Bar Court Clerk’s Office Los Angeles
Note: All information required by this form and any additional information which cannot be provided in the space provided, must be set forth in an attachment to this stipulation under specific headings, e.g., "Facts," "Dismissals," "Conclusions of Law," "Supporting Authority," etc.
1. Respondent is a member of the State Bar of California, admitted February 4, 1991.
2. The parties agree to be bound by the factual stipulations contained herein even if conclusions of law or disposition are rejected or changed by the Supreme Court.
3. All investigations or proceedings listed by case number in the caption of this stipulation are entirely resolved by this stipulation and are deemed consolidated. Dismissed charge(s)/count(s) are listed under "Dismissals." The stipulation consists of 11 pages, not including the order.
4. A statement of acts or omissions acknowledged by Respondent as cause or causes for discipline is included under "Facts."
5. Conclusions of law, drawn from and specifically referring to the facts are also included under "Conclusions of Law".
6. The parties must include supporting authority for the recommended level of discipline under the heading "Supporting Authority."
7. No more than 30 days prior to the filing of this stipulation, Respondent has been advised in writing of any pending investigation/proceeding not resolved by this stipulation, except for criminal investigations.
8. Payment of Disciplinary Costs-Respondent acknowledges the provisions of Bus. & Prof. Code §§6086.10 & 6140.7. (Check one option only):
<<not>>checked. until costs are paid in full, Respondent will remain actually suspended from the practice of law unless relief is obtained per rule 284, Rules of Procedure.
checked. costs to be paid in equal amounts prior to February 1 for the following membership years: 2010 and 2011. (hardship, special circumstances or other good cause per rule 284, Rules of Procedure.)
<<not>> checked. costs waived in part as set forth in a separate attachment entitled "Partial Waiver of Costs".
<<not>> checked. costs entirely waived.
Respondent has been active in the legal and general community, serving as a temporary judge for the Superior Courts, and as an arbitrator, mediator and settlement officer; providing pro bono legal services to church groups; and dealing with human rights, labor and immigration issues for the Armenian community. Respondent is an active member of his church and volunteers his services to other community groups. Respondent provided two letters from an employee and a lifelong friend attesting to his good character.
G. SUPPORTING AUTHORITY:
Standard 2.2(b) provides that culpability of commingling of entrusted funds or property with personal property or the commission of another violation of rule 4-100, Rules of Professional Conduct, none of which offenses result in the wilful misappropriation of entrusted funds or property shall result in at least a three month actual suspension from the practice of law, irrespective of mitigating circumstances. However, the standards, while entitled to great weight, do not mandate a specific discipline. The court is "not bound to follow the standards in talismanic fashion...," but the Supreme Court is "...permitted to temper the letter of the law with considerations peculiar to the offense and the offender." [Citations.] "...[A]lthough the standards were established as guidelines, ultimately, the proper recommendation of discipline rest[s] on a balanced consideration of the unique factors in each case. [Citations.] " (In the Matter of VanSickle (Review Dept. 2006) 4 Cal. State Bar Ct. Rptr. 980, 994.)
Balancing all factors present, including the lack of any aggravating factors, the presence of mitigating factors and the limited duration of the misconduct, deviation from a three month actual suspension is warranted under the circumstances.
Attachment language begins here (if any):
Respondent admits that the following facts are true and that he is culpable of the following violation:
FACTS:
1. Between July and November, 2007, Respondent maintained a client trust account at Citibank, account number XXXXXX0971 (the "CTA"). (The full account number is omitted for privacy purposes.)
2. Between July 3 and August 2, 2007, Respondent paid personal expenses via checks he issued from the CTA, as follows:
Date 07-03-07; Check No. 6880; Payee Providence St. Joseph; Amount $ 44.63
Date 08-02-07; Check No. 6891; Payee Providence St. Joseph; Amount $ 44.63;
Date 08-02-07; Check No. 6892; Payee Providence St. Joseph; Amount $ 21.65
3. On July 9, 2007, Respondent paid a personal expense via electronic debit from the CTA to Cingular Wireless for $193.34.
4. Or about July 27, 2007, Respondent issued check number 6890 from the CTA for $395 to the Department of Homeland Security for a client matter when there were no funds belonging to the client in the CTA.
5. On August 8, 2007, Respondent paid a personal expense via electronic debit from the CTA to ATT for $230.31.
6. On August 18, 2007, Respondent issued check number 6894 from the CTA for $32 to the Department of Justice for a client matter when there were no funds belonging to the client in the CTA.
7. On September 7, 2007, Respondent paid a personal expense via electronic debit from the CTA to ATT for $192.98.
8. On October 6, 2007, Respondent issued check number 6901 from the CTA for $340 to Citizenship & Immigration Service for a client matter when there were no funds belonging to the client in the CTA.
9, On October 24, 2007, Respondent issued check number 6903 from the CTA for $32 to the U.S. Department of Justice for a client matter when there were no funds belonging to the client in the CTA.
CONCLUSION OF LAW:
By paying personal expenses from the CTA and by issuing checks for clients from the CTA when there were no funds belonging to those clients in the CTA, Respondent deposited and commingled funds belonging to Respondent in a bank account labeled "Trust Account,, "Client’s Funds Account" or words of similar import, in wilful violation of Rules of Professional Conduct, rule 4-100(A).
Case Number(s): 07-O-14090, 08-O-11126
In the Matter of: Garbis N. Etmekjian A Member of the State Bar
a. Restitution
<<not>> checked. Respondent must pay restitution (including the principal amount, plus interest of 10% per annum) to the payee(s) listed below. If the Client Security Fund (“CSF”) has reimbursed one or more of the payee(s) for all or any portion of the principal amount(s) listed below, Respondent must also pay restitution to CSF in the amount(s) paid, plus applicable interest and costs.
1. Payee:
Principal Amount:
Interest Accrues From:
2. Payee:
Principal Amount:
Interest Accrues From:
3. Payee:
Principal Amount:
Interest Accrues From:
4. Payee:
Principal Amount:
Interest Accrues From:
<<not>> checked. Respondent must pay above-referenced restitution and provide satisfactory proof of payment to the Office of Probation not later than .
<<not>> checked. Respondent must pay the above-referenced restitution on the payment schedule set forth below. Respondent must provide satisfactory proof of payment to the Office of Probation with each quarterly probation report, or as otherwise directed by the Office of Probation. No later than 30 days prior to the expiration of the period of probation (or period of reproval), Respondent must make any necessary final payment(s) in order to complete the payment of restitution, including interest, in full.
1. Payee/CSF (as applicable)
Minimum Payment Amount
Payment Frequency
2. Payee/CSF (as applicable)
Minimum Payment Amount
Payment Frequency
3. Payee/CSF (as applicable)
Minimum Payment Amount
Payment Frequency
4. Payee/CSF (as applicable)
Minimum Payment Amount
Payment Frequency
<<not>> checked. If Respondent fails to pay any installment as described above, or as may be modified by the State Bar Court, the remaining balance is due and payable immediately.
checked.
1. If Respondent possesses client funds at any time during the period covered by a required quarterly report, Respondent must file with each required report a certificate from Respondent and/or a certified public accountant or other financial professional approved by the Office of Probation, certifying that:
a. Respondent has maintained a bank account in a bank authorized to do business in the State of California, at a branch located within the State of California, and that such account is designated as a “Trust Account” or “Clients’ Funds Account”;
b. Respondent has kept and maintained the following:
i. A written ledger for each client on whose behalf funds are held that sets forth:
1. the name of such client;
2. the date, amount and source of all funds received on behalf of such client;
3. the date, amount, payee and purpose of each disbursement made on behalf of such client; and,
4. the current balance for such client.
ii. a written journal for each client trust fund account that sets forth:
1. the name of such account;
2. the date, amount and client affected by each debit and credit; and,
3. the current balance in such account.
iii. all bank statements and cancelled checks for each client trust account; and,
iv. each monthly reconciliation (balancing) of (i), (ii), and (iii), above, and if there are any differences between the monthly total balances reflected in (i), (ii), and (iii), above, the reasons for the differences.
c. Respondent has maintained a written journal of securities or other properties held for clients that specifies:
i. each item of security and property held;
ii. the person on whose behalf the security or property is held;
iii. the date of receipt of the security or property;
iv. the date of distribution of the security or property; and,
v. the person to whom the security or property was distributed.
2. If Respondent does not possess any client funds, property or securities during the entire period covered by a report, Respondent must so state under penalty of perjury in the report filed with the Office of Probation for that reporting period. In this circumstance, Respondent need not file the accountant’s certificate described above.
3.
The requirements
of this condition are in addition to those set forth in rule 4-100, Rules of
Professional Conduct.
checked. Within one (1) year of the effective date of the discipline herein, Respondent must supply to the Office of Probation satisfactory proof of attendance at a session of the Ethics School Client Trust Accounting School, within the same period of time, and passage of the test given at the end of that session.
SIGNATURE OF THE PARTIES
Case Number(s): 07-O-14090, 08-O-11126
In the Matter of: Garbis N. Etmekjian
By their signatures below, the parties and their counsel, as applicable, signify their agreement with each of the recitation and each of the terms and conditions of this Stipulation Re Facts, Conclusions of Law and Disposition.
Signed by:
Respondent: Garbis N. Etmekjian
Date: 1/12/09
Respondent’s Counsel: Ronald Gold
Date: 1/12/09
Deputy Trial Counsel: Diane J. Meyers
Date: 1/14/09
Case Number(s): 07-O-14090, 08-O-11126
In the Matter of: Garbis N. Etmekjian
Finding the stipulation to be fair to the parties and that it adequately protects the public, IT IS ORDERED that the requested dismissal of counts/charges, if any is GRANTED without prejudice, and:
checked. The stipulated facts and disposition are APPROVED and the DISCIPLINE RECOMMENDED to the Supreme Court.
<<not>> checked. The stipulated facts and disposition are APPROVED AS MODIFIED as set forth below, and the DISCIPLINE IS RECOMMENDED to the Supreme Court.
<<not>> checked. All Hearing dates are vacated.
The parties are bound by the stipulation as approved unless: 1) a motion to withdraw or modify the stipulation, filed within 15 days after service of this order, is granted; or 2) this court modifies or further modifies the approved stipulation. (See rule 135 (b), Rules of Procedure.) The effective date of this disposition is the effective date of the Supreme Court order herein, normally 30 days after the file date. (See rule 9.18(a), California Rules of Court.)
Signed by:
Judge of the State Bar Court: Richard A. Honn
Date: 1-21-09
[Rule 62(b), Rules Proc.; Code Civ. Proc., § 1013a(4)]
I am a Case Administrator of the State Bar Court of California. I am over the age of eighteen and not a party to the within proceeding. Pursuant to standard court practice, in the City and County of Los Angeles, on January 22, 2009, I deposited a true copy of the following document(s):
STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND
ORDER APPROVING
in a sealed envelope for collection and mailing on that date as follows:
checked. by first-class mail, with postage thereon fully prepaid, through the United States Postal Service at Los Angeles, California, addressed as follows:
RONALD GOLD ESQ
OLDMAN COOLEY ET AL LLP
16133 VENTURA BLVD PH #A
ENCINO, CA 91436- 2447
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
Diane J. Meyers, Enforcement, Los Angeles
I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on January 22, 2009.
Signed by:
Julieta E. Gonzales
Case Administrator
State Bar Court