Case Number(s): 11-O-19325
In the Matter of: Harvey Raymond Hasson , Bar # 37346 , A Member of the State Bar of California, (Respondent).
Counsel For The State Bar Ross E. Viselman, Deputy Trial Counsel, 1149 South Hill Street, Los Angeles, California 90015-229, Bar # 204979
Counsel for Respondent: In Pro Per Respondent, Harvey Raymond Hasson, 230 Desert Falls Drive E, Palm Desert, California 92211, Bar # 37346
Submitted to: Settlement Judge –State Bar Court Clerk’s Office Los Angeles .
<<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.
1. Respondent is a member of the State Bar of California, admitted September 1, 1965.
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 12 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 5.130, Rules of Procedure.
checked. Costs are to be paid in equal amounts prior to February 1 for the following membership years: three (3) billing cycles immediately following the effective date of the Supreme Court order in this matter. (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.
<<not>> checked. Costs are waived in part as set forth in a separate attachment entitled "Partial Waiver of Costs".
<<not>> checked. Costs are entirely waived.
Case Number(s): 11-O-19325
In the Matter of: Harvey Raymond Hasson
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: Grossmont Hospital, or its agent
Principal Amount: $3,796.50
Interest Accrues From: April 14, 2004
<<not>> checked. Respondent must pay above-referenced restitution and provide satisfactory proof of payment to the Office of Probation not later than **.
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) Grossmont Hospital, or its agent
Minimum Payment Amount $110.00
Payment Frequency One (1) payment per month on or before the 15th of each month
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.
IN THE MATTER OF: Harvey Hasson, State Bar No. 37346
STATE BAR COURT CASE NUMBER: 11-O-19325
I. FACTS AND CONCLUSIONS OF LAW.
Respondent admits that the following facts are true and that he is culpable of violations of the specified statutes and/or Rules of Professional Conduct.
Case No. 11-O-19325
A. Facts
1. On December 5, 2009, Respondent and the Office of the Chief Trial Counsel of the State Bar (the "State Bar") entered into a Stipulation Re: Facts, Conclusions of Law, and Disposition in Case No. 07-0-14408 et al. (the "Stipulation").
2. On December 21, 2009, the State Bar Court filed an Order approving the stipulated facts and disposition (as modified) and recommending the discipline set forth in the Stipulation to the California Supreme Court.
3. On April 29, 2010, the California Supreme Court issued Order No. S 180461 (the "Disciplinary Order") and ordered that Respondent be suspended from the practice of law for two (2) years, that execution of the suspension be stayed, and that Respondent be placed on probation for three (3) years with conditions, including the condition that Respondent be actually suspended for one (1) year. Respondent was properly served with the Disciplinary Order and received it.
4. The Disciplinary Order became effective on May 29, 2010.
5. On June 10, 2010, the Office of Probation ("Probation") mailed a letter to Respondent with information regarding the conditions of probation. Respondent received the letter.
6. As a condition of probation, Respondent was required to contact Probation and schedule a meeting with the assigned probation deputy to discuss the terms and conditions of the Disciplinary Order within thirty (30) days of the effective date of the Disciplinary Order, or by no later than June 28, 2010. Respondent did not schedule the meeting with Probation until on July 27, 2010.
7. As a condition of probation, Respondent was required to submit written quarterly reports to Probation on each of January 10, April 10, July 10, and October 10 of the period of probation, stating under penalty of perjury his compliance with the State Bar Act, the Rules of Professional Conduct, and all conditions of probation during the preceding calendar quarter. Respondent did not submit to Probation the written quarterly report due on each of January 10, April 10, July 10, and October 10, 2011. Respondent did not submit to Probation the written quarterly report due by July 10, 2010 until August 23, 2010.
8. As a condition of probation, Respondent was required to submit a client funds certificate to Probation on each of January 10, April 10, July 10, and October 10 of the period of probation. Respondent did not submit to Probation the client funds certificate due on each of January 10, April 10, July 10, and October 10, 2011. Respondent did not submit to Probation the client funds certificate by July 10, 2010, until August 23, 2010.
9. As a condition of probation, Respondent was required to pay restitution of $110 monthly, and to submit proof of payment to Probation quarterly on each of January 10, April 10, July 10, and October 10 of the period of probation. Respondent did not submit to Probation the proof of restitution payments due on each of January 10, April 10, July 10, and October 10, 2011. Respondent did not submit to Probation the proof of restitution payment due by July 10, 2010, until September 28, 2010.
10. As of February 23, 2012, Respondent has not fully paid restitution as required by the Stipulation and the Disciplinary Order.
11. As a condition of probation, Respondent was required to provide to Probation proof of attendance at a session of Ethics School within one (1) year of the effective date of the Disciplinary Order (i.e., May 29, 2011). Respondent has not attended a session of Ethics School or provided proof of attendance to Probation.
12. As a condition of probation, Respondent was required to provide to Probation proof of attendance at a session of Client Trust Accounting School within one (1) year of the effective date of the Disciplinary Order (i.e., May 29, 2011). Respondent has not attended a session of Client Trust Accounting School or provided proof of attendance to Probation.
B. Conclusions Of Law
13. By failing to comply with all conditions attached to disciplinary probation, Respondent willfully violated Business and Professions Code, section 6068(k).
II. PENDING PROCEEDINGS.
The disclosure date referred to, on page 2, paragraph A(7), was February 24, 2012.
Ill. AUTHORITIES SUPPORTING DISCIPLINE.
A. Standards
Standard 1.3 provides that the primary purposes of the disciplinary system are: "the protection of the public, the courts and the legal profession; the maintenance of high professional standards by attorneys and the preservation of public confidence in the legal profession."
Standard 1.7(a) provides that if a member has a prior imposition of discipline, "the degree of discipline imposed in the current proceeding shall be greater than that imposed in the prior proceeding unless the prior discipline imposed was so remote in time to the current proceeding and the offense for which it was imposed was so minimal in severity that imposing greater discipline in the current proceeding would be manifestly unjust."
Standard 2.6, Title IV, Standards for Attorney Sanctions for Professional Misconduct, provides that a violation of Business and Professions Code, section 6068(k) "shall result in disbarment or suspension depending on the gravity of the offense or the harm, if any ,to the victim, with due regard to the purposes of imposing discipline set forth in standard 1.3."
B. Case Law
The Supreme Court has emphasized the importance of the standards and has held that great weight should be given to the application of the standards in determining the appropriate level of discipline. In re Silverton (2005) 36 Cal. 4th 81. The standards must be followed unless there is a compelling reason justifying a deviation from the standards. In the Matter of Bouyer (Review Dept. 1991) 1 Cal. State Bar Ct. Rptr. 404. The Supreme Court has held that unless it has "grave doubts as to the propriety of the recommended discipline," it will uphold the application of the standards. In re Silverton, supra, 36 Cal. 4th at 91-92.
"The primary aims of attorney disciplinary probation are the protection of the public and the rehabilitation of the attorney." In the Matter of Marsh (Review Dept. 1990) 1 Cal. State Bar Ct. Rptr. 291,299. "The payment of restitution and the filing of quarterly reports are important steps toward rehabilitation." In the Matter of Broderick, 3 Cal. State Bar Ct. Rptr. 138.
Potack v. State Bar (1991) 54 Cal.3d 132. The California Supreme Court determined that Potack violated the terms of his probation by failing to file a quarterly probation report and failed to comply timely with another probation condition requiring that he make restitution. The Supreme Court revoked probation and imposed a two-year actual suspension.
In the Matter of Broderick (Review Dept. 1994) 3 Cal. State Bar Ct. Rptr. 138. Broderick failed to make any of the required restitution, filed no quarterly reports and failed to obtain required psychological counseling. For the probation violations, the Supreme Court imposed a one-year actual suspension.
In the Matter of Hunter (Review Dept. 1994) 3 Cal. State Bar Ct. Rptr. 81. Hunter was found to have violated one of the quarterly-reporting conditions of his probation and failed to make about $1,166.50 of required restitution. The Supreme Court imposed actual suspension of one year and until Hunter provided proof of restitution.
The parties submit that the discipline recommended in the matter is consistent with the Standards.
IV. COSTS OF DISCIPLINARY PROCEEDINGS.
Respondent acknowledges that the Office of the Chief Trial Counsel has informed respondent that as of February 23, 2012, the prosecution costs in this matter are $2,797.00. Respondent further acknowledges that should this stipulation be rejected or should relief from the stipulation be granted, the costs in this matter may increase due to the cost of further proceedings.
SIGNATURE OF THE PARTIES
Case Number(s): 11-O-19325
In the Matter of: Harvey R. Hasson
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: Harvey R. Hasson
Date: March 6, 2012
Respondent’s Counsel:
Date:
Deputy Trial Counsel: Ross E. Viselman
Date: March 8, 2012
Case Number(s): 11-O-19325
In the Matter of: Harvey R. Hasson, State bar No.: 37345
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:
<<not>> checked. The stipulated facts and disposition are APPROVED and the DISCIPLINE RECOMMENDED to the Supreme Court.
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.
1. At page 4, item D(1)(a)(i), remove the “and Until” std. 1.4(c)(ii) condition from the stayed suspension.
2. At page 7, Financial Conditions, delete item “B” re installment payments as inconsistent with the “and until” restitution actual suspension.
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.) 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: March 22, 2012
[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 March 23, 2012, 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:
HARVEY RAYMOND HASSON ESQ
230 DESERT FALLS DR E
PALM DESERT, ca 92211
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
Ross E. Viselman, Enforcement, Los Angeles
I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on March 23, 2012.
Signed by:
Julieta E. Gonzales
Case Administrator
State Bar Court