State
Bar Court of California
Hearing
Department
STIPULATION
RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND ORDER APPROVING
REPROVAL
Case Number(s): 11-O-14329
In the Matter of: Vafa Allan Khoshbin, Bar # 165486,
A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Katherine Kinsey
Deputy Trial Counsel
State Bar of California
1149 S. Hill Street
Los Angeles, CA 90015
213-765-1503
Bar # 183740
Counsel for Respondent: In Pro Per Respondent
Vafa Allan Khoshbin
1722 Westwood Blvd, Ste 205
Los Angeles, CA 90024
310-820-2500
Bar# 165486
Submitted to: Assigned Judge State Bar Court Clerk’s Office
Los Angeles
Filed: January 23, 2012.
<<not>> checked. PREVIOUS STIPULATION
REJECTED
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.
A. Parties' Acknowledgments:
1.
Respondent is a member of the State Bar
of California, admitted July 6, 1993.
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 10
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):
checked.
Costs are added to membership fee for calendar year following effective date of
discipline (public reproval).
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checked. Case ineligible for costs (private reproval).
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checked. Costs are to be paid in equal amounts prior to February 1 for the
following membership years: (Hardship, special circumstances or
other good cause per rule 5.132, Rules of Procedure.) 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.
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checked. Costs are waived in part as set forth in a separate attachment
entitled "Partial Waiver of Costs".
<<not>>
checked. Costs are entirely waived.
9.
The parties understand that:
<<not>> checked. (a) A private
reproval imposed on a respondent as a result of a stipulation approved by the
Court prior to initiation of a State Bar Court proceeding is part of the
respondent’s official State Bar membership records, but is not disclosed in
response to public inquiries and is not reported on the State Bar’s web page.
The record of the proceeding in which such a private reproval was imposed is
not available to the public except as part of the record of any subsequent
proceeding in which it is introduced as evidence of a prior record of
discipline under the Rules of Procedure of the State Bar.
<<not>> checked. (b) A private reproval
imposed on a respondent after initiation of a State Bar Court proceeding is
part of the respondent’s official State Bar Membership records, is disclosed in
response to public inquiries and is reported as a record of public discipline
on the State Bar’s web page.
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(c) A public reproval imposed on a respondent is publicly available as part of
the respondent’s official State Bar membership records, is disclosed in
response to public inquiries and is reported as a record of public discipline
on the State Bar’s web page.
B. Aggravating Circumstances [for definition, see Standards for
Attorney Sanctions for Professional Misconduct, standard 1.2(b)]. Facts
supporting aggravating circumstances are required.
<<not>> checked. (1) Prior
record of discipline [see standard 1.2(f)].
<<not>>
checked. (a) State Bar
Court case # of prior case
<<not>>
checked. (b) Date prior
discipline effective
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checked. (c) Rules
of Professional Conduct/ State Bar Act violations:
<<not>>
checked. (d) Degree of
prior discipline
<<not>>
checked. (e) If
Respondent has two or more incidents of prior discipline, use space provided
below or a separate attachment
entitled “Prior Discipline”.
<<not>> checked. (2)
Dishonesty: Respondent's misconduct was surrounded by or followed by bad
faith, dishonesty, concealment,
overreaching or other violations of the
State Bar Act or Rules of Professional Conduct.
<<not>> checked. (3) Trust
Violation: Trust funds or property were involved and Respondent refused
or was unable to account to the client or
person who was the object of the misconduct for improper conduct toward said
funds or property.
<<not>> checked. (4) Harm:
Respondent's misconduct harmed significantly a client, the public or the
administration of
justice.
<<not>> checked. (5)
Indifference: Respondent demonstrated indifference toward rectification
of or atonement for the consequences of his or her misconduct.
<<not>> checked. (6) Lack of
Cooperation: Respondent displayed a lack of candor and cooperation to
victims of his/her misconduct or to the
State Bar during disciplinary investigation or proceedings.
<<not>> checked. (7)
Multiple/Pattern of Misconduct: Respondent's current misconduct evidences
multiple acts of wrongdoing or demonstrates a pattern
of misconduct.
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(8) No aggravating circumstances are involved.
Additional aggravating circumstances:.
C. Mitigating Circumstances [see standard 1.2(e)]. Facts supporting
mitigating circumstances are required.
<<not>> checked. (1) No Prior
Discipline: Respondent has no prior record of discipline over many years
of practice coupled with present misconduct which is not deemed serious.
<<not>> checked. (2) No
Harm: Respondent did not harm the client or person who was the object of
the misconduct.
checked. (3)
Candor/Cooperation: Respondent displayed spontaneous candor and
cooperation with the victims of his/her misconduct and to the State Bar during
disciplinary investigation and proceedings.
<<not>> checked. (4)
Remorse: Respondent promptly took objective steps spontaneously demonstrating
remorse and recognition of the wrongdoing, which steps were designed to timely
atone for any consequences of his/her misconduct.
<<not>> checked. (5)
Restitution: Respondent paid $ on in restitution to
without the threat or force of disciplinary, civil or criminal
proceedings.
<<not>> checked. (6)
Delay: These disciplinary proceedings were excessively delayed. The
delay is not attributable to Respondent and the delay prejudiced him/her.
<<not>> checked. (7) Good
Faith: Respondent acted in good faith.
<<not>> checked. (8)
Emotional/Physical Difficulties: At the time of the stipulated act or
acts of professional misconduct Respondent suffered extreme emotional
difficulties or physical disabilities which expert testimony would establish was
directly responsible for the misconduct. The difficulties or disabilities
were not the product of any illegal conduct by the member, such as illegal drug
or substance abuse, and Respondent no longer suffers from such difficulties or
disabilities.
<<not>> checked. (9) Severe
Financial Stress: At the time of the misconduct, Respondent suffered from
severe financial stress which resulted from circumstances not reasonably
foreseeable or which were beyond his/her control and which were directly
responsible for the misconduct.
<<not>> checked. (10) Family
Problems: At the time of the misconduct, Respondent suffered extreme
difficulties in his/her personal life which were other than emotional or
physical in nature.
<<not>> checked. (11) Good
Character: Respondent's good character is attested to by a wide range of
references in the legal and general communities who are aware of the full
extent of his/her misconduct.
<<not>> checked. (12)
Rehabilitation: Considerable time has passed since the acts of professional
misconduct occurred followed by convincing proof of subsequent rehabilitation.
<<not>> checked. (13) No
mitigating circumstances are involved.
Additional mitigating circumstances:
Respondent
was admitted to the State Bar on July 6, 1993 and has no prior record of
discipline.
D. Discipline:
<<not>> checked. (1) Private
reproval (check applicable conditions, if any, below):
<<not>>
checked. (a) Approved by the Court prior to initiation of the State Bar Court
proceedings (no public disclosure).
<<not>>
checked. (b)Approved by the Court after initiation of the State Bar Court
proceedings (public disclosure).
or
checked.
(2) Public
reproval (Check applicable conditions, if any below)
E. Additional Conditions of Reproval:
checked.
(1)
Respondent must comply with the conditions attached to the reproval for a
period of .
checked.
(2) During
the condition period attached to the reproval, Respondent must comply with the
provisions of the State Bar Act and Rules of Professional Conduct.
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(3) Within
ten (10) days of any change, Respondent must report to the Membership Records
Office of the State Bar and to the Office of Probation of the State Bar of
California ("Office of Probation"), all changes of information, including
current office address and telephone number, or other address for State Bar
purposes, as prescribed by section 6002.1 of the Business and Professions Code.
checked.
(4) Within
thirty (30) days from the effective date of discipline, Respondent must contact
the Office of Probation and schedule a meeting with Respondent's assigned
probation deputy to discuss these terms and conditions of probation. Upon the
direction of the Office of Probation, Respondent must meet with the probation
deputy either in-person or by telephone. During the period of probation,
Respondent must promptly meet with the probation deputy as directed and upon
request.
checked.
(5)
Respondent must submit written quarterly reports to the Office of Probation on
each January 10, April 10, July 10, and October 10 of the period of probation.
Under penalty of perjury, Respondent must state whether Respondent has complied
with the State Bar Act, the Rules of Professional Conduct, and all conditions
of probation during the preceding calendar quarter. Respondent must also state
whether there are any proceedings pending against him or her in the State Bar
Court and if so, the case number and current status of that proceeding. If the
first report would cover less than 30 days, that report must be submitted on
the next quarter date, and cover the extended period.
In addition to all quarterly reports, a final report, containing the same
information, is due no earlier than twenty (20) days before the last day of the
period of probation and no later than the last day of the condition period.
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checked.
(6)
Respondent must be assigned a probation monitor. Respondent must promptly review
the terms and conditions of probation with the probation monitor to establish a
manner and schedule of compliance. During the period of probation, Respondent
must furnish such reports as may be requested, in addition to the quarterly
reports required to be submitted to the Office of Probation. Respondent must
cooperate fully with the monitor.
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(7) Subject
to assertion of applicable privileges, Respondent must answer fully, promptly
and truthfully any inquiries of the Office of Probation and any probation
monitor assigned under these conditions which are directed to Respondent
personally or in writing relating to whether Respondent is complying or has
complied with the probation conditions.
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(8) Within
one (1) year of the effective date of the discipline herein, Respondent must
provide to the Office of Probation satisfactory proof of attendance at a
session of the State Bar Ethics School, and passage of the test given at the
end of that session.
<<not>> checked. No Ethics
School recommended. Reason:
<<not>>
checked. (9) Respondent must
comply with all conditions of probation imposed in the underlying criminal
matter and must so declare under penalty of perjury in conjunction with any
quarterly report to be filed with the Office of Probation.
<<not>>
checked. (10) Respondent must provide
proof of passage of the Multistate Professional Responsibility Examination
("MPRE"), administered by the National Conference of Bar Examiners,
to the Office of Probation within one year of the effective date of the
reproval.
<<not>>
checked. No MPRE recommended. Reason: The protection
of the public and the interests of the attorney do not require passage of the
MPRE in this case.
checked. (11)
The following conditions are attached hereto and
incorporated:
<<not>>
checked. Substance Abuse Conditions.
<<not>>
checked. Law Office Management Conditions.
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checked. Medical Conditions.
checked.
Financial Conditions.
F. Other Conditions Negotiated by the Parties:
FINANCIAL
CONDITIONS
Case Number(s): 11-O-14329
In the Matter of: Vafa Allan Khoshbin
a.
Restitution
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: Robert and Mary Khalilpour
Principal Amount: $5,000
Interest Accrues From: February 2010
checked.
Respondent must pay above-referenced restitution and provide satisfactory proof
of payment to the Office of Probation not later than within ten (10) months of
effective date of the discipline herein.
b. Installment Restitution Payments
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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
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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.
c. Client Funds Certificate
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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”;
SIGNATURE
OF THE PARTIES
Case Number(s): 11-O-14329
In the Matter of: Vafa Allan Khoshbin
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:
Vafa A. Khoshbin
Date: January
20, 2012
Respondent’s
Counsel:
Date:
Deputy Trial
Counsel: Katherine Kinsey
Date: January
20, 2012
REPROVAL
ORDER
Case Number(s): 11-O-14329
In the Matter of: Vafa Allan Khoshbin
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:
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checked. The stipulated facts and disposition are APPROVED AND THE
REPROVAL IMPOSED.
checked.
The stipulated facts and disposition are APPROVED AS MODIFIED as set forth
below, and the
REPROVAL IMPOSED.
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All court dates in the Hearing Department are vacated.
Page 8,
paragraph 6: The words “and filed an amended complaint on March 28, 2012”
[sic] are deleted from the stipulation.
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 5.58 (E) & (F), Rules of Procedure.) Otherwise the
stipulation shall be effective 15 days after service of this order.
Failure
to comply with any conditions attached to this reproval man constitute cause
for a separate proceeding for willful breach of rule 1-110, Rules of
Professional Conduct.
Signed
by:
Judge of
the State Bar Court: Donald F. Miles
Date:
January 23, 2012
CERTIFICATE OF SERVICE
[Rules Proc. of State Bar; Rule
5.27(B); 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 23, 2012. I deposited a true
copy of the following document(s):
STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND ORDER APPROVING
PUBLIC REPROVAL
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:
VAFA A. KHOSHBIN
LAW OFFICE OF V ALLAN KHOSHBIN
1722 WESTWOOD BLVD STE 205
LOS ANGELES, CA 90024
checked. by
interoffice mail through a facility regularly maintained by the State Bar of
California addressed as
follows:
KATHERINE KINSEY, Enforcement, Los Angeles
I hereby
certify that the foregoing is true and correct. Executed in Los Angeles,
California, on January 23, 2012.
Signed by:
Tammy Cleaver
Case
Administrator
State Bar
Court