Suchanoff, Matter of

Citation93 N.J. 226,460 A.2d 642
PartiesIn the Matter of Peter F. SUCHANOFF, An Attorney at Law.
Decision Date23 May 1983
CourtUnited States State Supreme Court (New Jersey)
ORDER

The Disciplinary Review Board having filed a report with the Supreme Court recommending that PETER F. SUCHANOFF of AVALON be disciplined for violations of DR. 1-102(A)(4) and (6) arising out of his improper utilization of an escrow account of the title company where he was employed, and good cause appearing;

It is ORDERED that the report of the Disciplinary Review Board is hereby adopted and that, substantially for the reasons appearing in that report, PETER F. SUCHANOFF is suspended from the practice of law for a period of three years and until the further order of this Court, effective March 26, 1981; and it is further ORDERED that respondent reimburse the Administrative Office of the Courts for the administrative costs incurred in this matter, including the production of transcripts; and it is further

ORDERED that respondent continue to be restrained and enjoined during the period of his suspension and that he continue to comply with all the regulations of the Disciplinary Review Board governing suspended, disbarred or resigned attorneys.

Decision and Recommendation of the Disciplinary Review Board

To the Honorable Chief Justice and Associate Justices of the Supreme Court of New Jersey:

This matter is before the Board based upon a presentment, captioned "Report of the Findings of Hearing Panel" filed by the District I Ethics Committee. The presentment details four instances of improper utilization of an escrow account of the Jersey Commonwealth Abstract Company, where respondent was employed as "settlement clerk".

Respondent began his employment in 1973 following graduation from law school. His employer, the complainant herein, maintained a law office in Avalon, New Jersey and simultaneously acted as agent for Chelsea Title and Guaranty Company, trading as Jersey Commonwealth Abstract Company (hereinafter Commonwealth). Respondent received limited training prior to assuming the bulk of the responsibility for settlements involving Commonwealth, although his employer was available for consultation when necessary.

Over time, respondent's workload increased to a point where he handled between ten and twenty settlements per week. This required that he work about twelve hours per day, six days a week. In 1978, he became a partner in his employer's law firm, and in the title company, although he continued to work exclusively on title company matters.

The four transactions which form the basis for the ethics complaint may be summarized as follows:

I. DILLER

Respondent, together with his two law partners, purchased property from William J. Diller, Jr., a Stone Harbor realtor for $75,000. $50,000 of that purchase price was secured by a purchase money mortgage taken back by Diller, which was payable in three years or at resale of the property. The purchasers intended and did, indeed, sell that property to a third party within several months of purchase. Although respondent, who acted as settlement clerk at the June 21, 1980 sale, prepared the settlement sheet, reference to the Diller mortgage was erased by respondent. The closing proceeds of $67,214.14 were put into respondent's personal account, and were utilized in other real estate transactions. It was, therefore, necessary for Diller to badger the respondent for several weeks for payment of the $50,000 owed to him. In mid-July, respondent issued a check in that amount from his personal checking account. That check was returned for insufficient funds. When Diller advised respondent's employer of what had occurred, respondent was told to leave the office. Ultimately, respondent reimbursed his employer for the full amount due.

II. SOUTH RIVER

On May 29, 1979, respondent conducted a closing on the purchase of certain property in Sea Isle City, New Jersey by South River Enterprise, Inc., a Suchanoff family corporation. Since funds were not available from First People's Bank of New Jersey, the proposed mortgagee at the time of closing, respondent issued a $55,000 check from Commonwealth's escrow account without the knowledge or authorization of his then partner. That money was replaced approximately eight months later when First People's Bank granted a mortgage in that amount on the Sea Isle City property.

III. ALL SEASONS

Respondent conducted a settlement involving All Seasons, a partnership. Monies were to be paid thereafter to the City of

Avalon to clear a municipal assessment. In June of 1979, when the amount of the assessment was determined, one of the partners in All Seasons issued a check for $4,398.19 to the respondent to cover the monies due the municipality. Rather than depositing the check in Commonwealth's escrow account, respondent deposited the money in the title company's operating account, and then drew a check to his own order for $4,398.19. Respondent claimed that he frequently made payments of this nature from his personal account and thereafter reimbursed himself, and by oversight simply failed to pay Avalon. The title company eventually paid the monies due Avalon, and respondent made reimbursement to...

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  • Hasbrouck, Matter of
    • United States
    • United States State Supreme Court (New Jersey)
    • January 30, 1998
    ...discipline. Hasbrouck, supra, 140 N.J. at 167, 657 A.2d 878; In re Schaffer, 140 N.J. 148, 156, 657 A.2d 871 (1995); In re Suchanoff, 93 N.J. 226, 230, 460 A.2d 642 (1983). Some criminal conduct is so utterly incompatible with the standard of honesty and integrity that we require of attorne......
  • Hasbrouck, Matter of
    • United States
    • United States State Supreme Court (New Jersey)
    • May 12, 1995
    ...behavior was not related to the practice of law or that her offense was not committed in her professional capacity. In re Suchanoff, 93 N.J. 226, 230, 460 A.2d 642 (1983); In re Kinnear, supra, 105 N.J. at 395, 522 A.2d 414. Any misbehavior, private or professional, that reveals a lack of g......
  • McCann, Matter of
    • United States
    • United States State Supreme Court (New Jersey)
    • June 7, 1988
    ...law. Matter of Rutledge, 101 N.J. 493, 498, 502 A.2d 569 (1986); Matter of Huber, 101 N.J. 1, 4, 499 A.2d 220 (1985); In re Suchanoff, 93 N.J. 226, 230, 460 A.2d 642 (1983); In re Franklin, 71 N.J. 425, 429, 365 A.2d 1361 (1976); In re Carlson, 17 N.J. 338, 347, 111 A.2d 393 (1955); In re G......
  • Pepe, Matter of
    • United States
    • United States State Supreme Court (New Jersey)
    • June 30, 1995
    ...clients. In re Rutledge, 101 N.J. 493, 498, 502 A.2d 569 (1986); In re Huber, 101 N.J. 1, 4, 499 A.2d 220 (1985); In re Suchanoff, 93 N.J. 226, 230, 460 A.2d 642 (1983); In re Franklin, supra, 71 N.J. at 429, 365 A.2d 1361. The Court's central concern in the administration of attorney disci......
  • Request a trial to view additional results

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