Opinion
D-66 September Term 2020 085447
06-16-2021
In the MATTER OF Richard A. LUTHMANN, An Attorney At Law (Attorney No. 044562004)
ORDER
The Disciplinary Review Board having filed with the Court its decision in DRB 20-115, recommending that as a matter of final discipline pursuant to Rule 1:20-13(c)(2), Richard A. Luthmann, formerly of Iselin, who was admitted to the bar of this State in 2004 and who has been temporarily suspended from practice pursuant to Rule 1:20-13(c)(1) since May 15, 2019, be disbarred, respondent having been convicted following guilty pleas in the United States District Court for the Eastern District of New York to one count of conspiracy to commit wire fraud, contrary to 18 U.S.C. § 1343 and 18 U.S.C. § 1349, and one count of conspiracy to commit extortionate collection of credit, contrary to 18 U.S.C. § 894 (a) ;
And the Disciplinary Review Board having determined that respondent's convictions of conspiracy to commit wire fraud and conspiracy to commit extortionate collection of credit establish violations of RPC 8.4 (b) (criminal act reflecting adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects) and that respondent's additional misconduct established in this matter constitute violations of RPC 4.1(a)(2) (failure to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client) and RPC 8.4(d) (conduct prejudicial to the administration of justice);
And Richard A. Luthmann having been ordered to show cause why he should not be disbarred or otherwise disciplined;
And good cause appearing;
It is ORDERED that Richard A. Luthmann be disbarred, effective immediately, and that his name be stricken from the roll of attorneys; and it is further
ORDERED that Richard A. Luthmann be and hereby is permanently restrained and enjoined from practicing law; and it is further
ORDERED that all funds, if any, currently existing or hereinafter deposited in any New Jersey financial institution maintained by Richard A. Luthmann pursuant to Rule 1:21-6 be restrained from disbursement except on application to this Court, for good cause shown, and shall be transferred by the financial institution to the Clerk of the Superior Court, who is directed to deposit the funds in the Superior Court Trust Fund pending the further Order of this Court; and it is further
ORDERED that Richard A . Luthmann comply with Rule 1:20-20 dealing with disbarred attorneys; and it is further
ORDERED that the entire record of this matter be made a permanent part of respondent's file as an attorney at law of this State; and it is further
ORDERED that respondent reimburse the Disciplinary Oversight Committee for appropriate administrative costs and actual expenses incurred in the prosecution of this matter, as provided in Rule 1:20-17.