Opinion
S244067
11-08-2017
D'ARCO ON DISCIPLINE
Recommended discipline imposed
The court orders that THOMAS RICHARD D'ARCO, State Bar Number 79929, is suspended from the practice of law in California for two years, execution of that period of suspension is stayed, and he is placed on probation for two years subject to the following conditions:
1. THOMAS RICHARD D'ARCO is suspended from the practice of law for a minimum of the first year of probation, and he will remain suspended until the following conditions are satisfied:
i. He makes restitution to the following payees (or reimburses the Client Security Fund, to the extent of any payment from the fund to the payees, in accordance with Business and Professions Code section 6140.5) and furnishes proof to the State Bar's Office of Probation in Los Angeles:
(1) Michelle Moschides in the amount of $2,500 plus 10 percent interest per year from June 12, 2015; and
(2) Kevin McCormack in the amount of $1,441 plus 10 percent interest per year from September 10, 2015.
ii. If he remains suspended for two years or more as a result of not satisfying the preceding condition, he must also provide proof to the State Bar Court of his rehabilitation, fitness to practice and present learning and ability in the general law before the suspension will be terminated. (Rules Proc. of State Bar, tit. IV, Stds. for Atty. Sanctions for Prof. Misconduct, std. 1.2(c)(1).)
2. THOMAS RICHARD D'ARCO must also comply with the other conditions of probation recommended by the Hearing Department of the State Bar Court in its Order Approving Stipulation filed on July 26, 2017.
3. At the expiration of the period of probation, if THOMAS RICHARD D'ARCO has complied with all conditions of probation, the period of stayed suspension will be satisfied and that suspension will be terminated.
THOMAS RICHARD D'ARCO must also comply with California Rules of Court, rule 9.20 and perform the acts specified in subdivisions (a) and (c) of that rule within 30 and 40 calendar days, respectively, after the effective date of this order. Failure to do so may result in disbarment or suspension.
Costs are awarded to the State Bar in accordance with Business and Professions Code section 6086.10 and are enforceable both as provided in Business and Professions Code section 6140.7 and as a money judgment. One half of the costs must be paid with his membership fees for each of the years 2019 and 2020. If THOMAS RICHARD D'ARCO 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.