Opinion
No. 80-17
Decided February 25, 1981.
Attorneys at law — Misconduct — Indefinite suspension — Acts warranting.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline.
Relator, Columbus Bar Association, instituted this complaint before the Board of Commissioners on Grievances and Discipline alleging that respondent, Ben L. Pfefferle, was guilty of misconduct in that he withdrew monies belonging to others from certain accounts and used these monies for his own benefit and purposes. Specifically, relator alleged as follows:
"Count I:
"1. On or about March 7, 1973, Respondent, as attorney for Gene Fulscher, a/k/a Clarence E. Fulscher, entered into an agreement with said Gene Fulscher, Wanda L. Fulscher, his wife, the Galbreath Mortgage Company, and J. Allen Gingery, attorney for the Galbreath Mortgage Company, whereby Respondent agreed to hold as Trustee in Account No. 801-8-93806 with the Ohio National Bank, Columbus, Ohio, monies allegedly deposited by Mr. Fulscher for the benefit of the Galbreath Mortgage Company. Pursuant to the terms of said agreement***, the monies on deposit in said account were to be used solely for the payment of Mr. Fulscher's obligations to the Galbreath Mortgage Company. Said agreement further provided that in the event that the balance of said account should be less than the sum of One Thousand Eight Hundred Eighty Dollars ($1,880.00) at any time, Respondent was obligated to remit forthwith the sum then on deposit in said account to the Galbreath Mortgage Company.
"2. Without the consent of said Gene Fulscher or the Galbreath Mortgage Company, Respondent, at numerous times commencing on or about July 23, 1974, withdrew funds from said Account No. 801-8-93806 for his own personal use and benefit, which withdrawals caused the balance in said account to fall below the minimum balance required to be maintained in said account pursuant to the provisions of the agreement to which the account was subject."
"Count II:
"Commencing in August 1971, and at numerous times thereafter until approximately December of 1976, Respondent, without authority from or knowledge of any other partner or principal in the Columbus Agency of The Ohio Bar Title Insurance Company, Columbus, Ohio, withdrew and appropriated for his own personal use from various bank accounts maintained in the name of the Columbus Agency of The Ohio Bar Title Insurance Company monies in excess of the sum of Fifty Thousand Dollars ($50,000.00). In addition to unauthorized withdrawals from said bank accounts, Respondent, without authority from or knowledge of any other partner or principal in said Columbus Agency of The Ohio Bar Title Insurance Company, pledged or otherwise granted liens upon the assets of the Columbus Agency of The Ohio Bar Title Insurance Company to secure personal loans made to Respondent by various financial institutions."
Based upon the stipulations and admissions of the parties, and after hearing extensive evidence, the board of commissioners, on November 4, 1980, found respondent guilty of misconduct and in violation of DR 1-102(A)(3) and (A)(4) and DR 9-102(A) of the Code of Professional Responsibility, and recommended that he be indefinitely suspended from the practice of law. Thereafter, the parties submitted their objections and briefs, and the cause is presently before this court.
Mr. John C. Hartranft, Mr. Geoffrey Stern and Mr. James E. Wilhelm, Jr., for relator.
Messrs. Topper, Alloway, Goodman, DeLeone Duffey and Mr. John J. Duffey, for respondent.
There is ample evidence in the record to support the findings of the board of commissioners that respondent was guilty of misconduct as alleged herein. Cf. Ohio State Bar Assn. v. Kahn (1974), 40 Ohio St.2d 15; Toledo Bar Assn. v. Ishler (1974), 39 Ohio St.2d 33; Toledo Bar Assn. v. Illman (1969), 18 Ohio St.2d 122; Cleveland Bar Assn. v. Hamilton (1966), 6 Ohio St.2d 264; Ohio State Bar Assn. v. Rekeweg (1966), 6 Ohio St.2d 128; Ohio State Bar Assn. v. Gray (1965), 1 Ohio St.2d 97.
We concur in the recommendation of the board of commissioners, and respondent is hereby indefinitely suspended from the practice of law.
Judgment accordingly.
CELEBREZZE, C.J., W. BROWN, P. BROWN, SWEENEY, LOCHER, KERNS and C. BROWN, JJ., concur.
KERNS, J., of the Second Appellate District, sitting for HOLMES, J.