Opinion
07PDJ038.
June 19, 2007.
Attorney Regulation.
The Presiding Disciplinary Judge approved a Conditional Admission of Misconduct submitted by the parties and suspended Daniel Scott Wittenberg (Attorney Registration No. 33570) from the practice of law for a period of ninety days, all stayed upon the successful completion of a two-year period of probation with conditions, effective June 19, 2007. On November 20, 2006, Respondent submitted a false expense reimbursement statement to his firm for expenses he incurred on a personal trip to Georgia. The expense reimbursement statement showed that his expenses for the personal trip should be billed to a Georgia client. This submission was not an error or oversight on the part of Respondent. However, on his own initiative, Respondent reimbursed the travel expenses paid to him and reported his misconduct to the firm. Respondent's Georgia client was never billed for these expenses. The Court gave substantial weight to the significant mitigating factor that Respondent contemporaneously engaged in actions to report and remedy his misconduct without provocation. Respondent's knowing misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5(b) and resulted in a violation of Colo. RPC 8.4(c).