On October 31, 1985, the Director of the Lawyers Board of Professional Responsibility filed a petition for disciplinary action, alleging respondent Paul H. Ray's criminal theft convictions. The Minnesota Court of Appeals affirmed those convictions in July 1986, State v. Ray, 390 N.W.2d 843 (Minn.App. 1986), and, on November 17, 1986, a Referee appointed by this court held a hearing on the Director's petition. The Referee's findings of fact, conclusions of law, and recommendation for disbarment were filed on December 14, 1986.
And the state need not prove that the swindler acted without claim of right to the property. See State v. Ray, 390 N.W.2d 843, 846-47 (Minn. App. 1986) (rejecting appellant's argument that he had a right to trick victims into paying him for legal services and concluding that swindle was complete "when appellant intentionally tricked [victims] into giving $10,000 for an appeal bond," reasoning that "[w]hether [victims] received legal services, either before or after they gave the $10,000, is immaterial to the criminal charge because they gave the $10,000 for a bond, not in payment for legal services"). Because Virginia Carlson was convicted of felony theft by swindle, the state was required to prove an additional element: that "the value of the property or services stolen is more than $35,000."
And the state need not prove that the swindler acted without claim of right to the property. See State v. Ray, 390 N.W.2d 843, 846-47 (Minn. App. 1986) (rejecting appellant's argument that he had a right to trick victims into paying him for legal services and concluding that swindle was complete "when appellant intentionally tricked [victims] into giving $10,000 for an appeal bond," reasoning that "[w]hether [victims] received legal services, either before or after they gave the $10,000, is immaterial to the criminal charge because they gave the $10,000 for a bond, not in payment for legal services"). Because Philip Carlson was convicted of felony theft by swindle, the state was required to prove an additional element: that "the value of the property or services stolen is more than $35,000."