Opinion
D-52 September Term 2022 087970
06-07-2023
In the MATTER OF Matthew D. RASMUSSEN, An Attorney at Law (Attorney No. 039012012)
ORDER The Disciplinary Review Board having filed with the Court, its decision in DRB 22-176, recommending on the records certified to the Board pursuant to Rule 1:20-4(f) (default by respondent) that Matthew D. Rasmussen formerly of Freehold, who was admitted to the bar of this State in 2012, and who has been temporarily suspended from the practice of law since March 17, 2022, be disbarred for violating RPC 1.3 (lacking diligence), RPC 1.4(b) (two instances -- failing to keep a client reasonably informed about the status of a matter and to comply with reasonable requests for information), RPC 1.15(a) (two instances -- failing to safeguard client funds) and the principles of In re Wilson, 81 N.J. 451, 409 A.2d 1153 (1979) (two instances -- knowing misappropriation of client funds), and In re Hollendonner, 102 N.J. 21, 504 A.2d 1174 (1985) (two instances -- knowing misappropriation of escrow funds), RPC 1.15(b) (two instances -- failing to promptly deliver funds to client), RPC 1.15(c) (failing to provide an accounting to a client when separating funds in which both the client and the attorney claim interests), RPC 1.15(d) (failing to comply with the recordkeeping requirements of Rule 1:21-6)), RPC 8.1(a) (two instances -- making a false statement of material fact in a disciplinary matter), RPC 8.1(b) (two instances -- failing to cooperate with disciplinary authorities), and RPC 8.4(c) (two instances -- engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation);
And the Disciplinary Review Board having further determined that respondent relinquish control of any physical property belonging to the Estate of Solange Saka, which he may still possess, and which respondent was obligated to ship to Israel;
And Matthew D. Rasmussen having failed to appear on the order directing him to show cause why he should not be disbarred or otherwise disciplined;
And good cause appearing;
It is ORDERED that Matthew D. Rasmussen be disbarred, effective immediately, and that his name be stricken from the roll of attorneys; and it is further ORDERED that Matthew D. Rasmussen be and hereby is permanently restrained and enjoined from practicing law; and it is further
ORDERED that Matthew D. Rasmussen comply with Rule 1:20-20 dealing with disbarred attorneys; and it is further
ORDERED that all funds, if any, currently existing or hereinafter deposited in any New Jersey financial institution maintained by Matthew D. Rasmussen 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 further order of this Court; and it is further
ORDERED that Matthew D. Rasmussen relinquish control of any physical property belonging to the Estate of Solange Saka, which he may still possess, and which respondent was obligated to ship to Israel and that he shall comply with the terms of this order within 30 days; 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.