Compiled Evidence RE Corruption To Leathers
Compiled Evidence RE Corruption To Leathers
Compiled Evidence RE Corruption To Leathers
To: [email protected]
Cc: [email protected]
Date: Thursday, December 6, 2018, 05:04 PM PST
I received the binder that you provided to the Governor’s Office through Jason McGill, titled “Evidence of
Fraud, Bribery & Tax Evasion by Public Officials of the State of Washington.” We have reviewed the
materials in the binder, and it remains unclear as to what you are alleging and what you are seeking from
the Governor’s Office. As you likely know, the Governor’s Office does not have direct authority to file
criminal charges or prosecute. If you provide us additional materials detailing specific allegations and the
desired response from the Governor’s Office, we will be happy to review that information. In the
alternative, you could provide these materials to an appropriate law enforcement agency for their review
and consideration.
Respectfully,
Kathryn
KATHRYN LEATHERS
General Counsel | Office of Governor Jay Inslee
Desk: 360.902.4119 | PO Box 40002, Olympia, WA 98504-0002
www.governor.wa.gov | [email protected]
Email communications with state employees are public records and may be subject to disclosure, pursuant
to Ch. 42.56 RCW.
1/3
11/28/2019 Yahoo Mail - RE: Follow up RE Jason McGill's Referral - Package
Ms. Leathers:
Attached is the package Robert gave to Jason McGill, in both hard-copy, and email.
Here are the documents in this email, and the order in which they belong:
00 A - Notebook Cover Federal Proposal Evidence of Bribery Titus 10 19 2018 1.2 (1)
C 1 - Overview of GPF
C 6 - Fincen Briefing
E 6 - Illegal TRO, Monetary Sanctions on Hansens Client, Recommendation for Sanctions on Hansen
2/3
11/28/2019 Yahoo Mail - RE: Follow up RE Jason McGill's Referral - Package
Regards,
(206) 492-1773
VGPR.io
3/3
Evidence of
Fraud, Bribery & Tax Evasion
By
In RE:
The Guardianship & Probate Fraud Case
of
D. Douglas Titus
___
___
Prepared for
Table of Contents
Section
A - Letter of Introduction from Veterans for Guardianship and Probate Reform (VGR)…………. Inside Cover
D - A National Model Case of Probate/Guardianship Fraud: The Late D. Douglas Titus and his Estate
Brief Reference/Overview of the Titus Case………….………………………………….………………..….…..……. 13
AG DSHS Illegal Order Specifically Appointing Guardian Hansen Outside of Rotation….. 14
Hansen's Bar Sanction………….……………………………………………………………….………..……..……. 15
Kameron Kirkevold's Response to VAPO, and Motion to Dismiss……………………..…...……. 16
Declaration of Dr. Shalit………………….……………………………..………..…………………………...……. 17
Illegal TRO, Sanctions on Hansen…………………………………………..……………………………….…… 18
Slander of Title - Clarice Coker v. Emily Hansen…………..…………………….…………..……..……. 19
Declaration of Dr. Sam Sugar………….………………………………….…...……………………..…….……. 20
Evidence of
Fraud, Bribery &
Tax Evasion by
Public Officials
of the State of
Washington
In RE: The
Guardianship &
Probate Fraud
Case of
D. Douglas Titus
September 1, 2018
Prepared for:
Criminal
Investigations Division
Guardianship and Probate Fraud
Overview of Fraud in Washington State
DSHS
Fraudulent
Care Facility Assistant
DSHS Guardian Ad Litem
or Hospital Attorney Generals
or Guardian Appointed
Family
Either DSHS, AG,
or Judges pick
Fraudulent Guardian
© 2018 Veterans for Guardianship & Probate Reform, S.P.C. Federal Law Enforcement Briefing - Graph 42b
Guardianship & Probate Fraud (GPF)
Bribery of WA State Public Officials
Who Bribes
WA State Officials
Bribes
© 2018 Veterans for Guardianship & Probate Reform, S.P.C. Federal Law Enforcement Briefing - Graph 16
Guardianship & Probate Fraud
Method of Bribery - Home Loan/Re-Fi Laundering Scheme
Commissioners
& Judges
Home Loan
Commissioners/Judges & Home Loan
Corrupt Bribe Paid Via Home Assistant Bribes Paid Off
DSHS Collude to Commit Bribes Renewed
Guardian/Attorney Loan Laundering Scheme Attorney Generals by 3rd Party
Fraud Against Wards Every 2-3 Years
Guardian/Attorney
DSHS - State
Social Workers
© 2018 Veterans for Guardianship & Probate Reform, S.P.C. Federal Law Enforcement Briefing - Graph 57b
Public Official Bribery Via Home Loan Re-Fi's
Method of Bribery - Overview
© 2018 Veterans for Guardianship & Probate Reform, S.P.C. Federal Law Enforcement Briefing - Graph 15
Public Cost of Guardianship & Probate Fraud (GPF)
Estimated Cost of GPF to WA State Taxpayers Exceeds $1B
Net Worth of Victim WA State Public Officials Net Worth of Victim WA Taxpayers Pay
Before GPF Commit GPF for After GPF Billions for GPF
Personal Profit
© 2018 Veterans for Guardianship & Probate Reform, S.P.C. Federal Law Enforcement Briefing - Graph 51A
Commissioner Carlos Y. and Barbara Ann Velategui (married until 2013)
14 liens in 21 years
–A–
Statutory Warranty Deed: 198803040549 03-04-1988 Purchase price: $189,950
–B–
Deed of Trust 19900730-1384 06-14-1990 $30,000 (copy not available)
–D–
Deed of Trust 19920330-00577 03-20-1992 $162,000.00 1992
–H–
Deed of Trust 20040528-003469 05-24-2004 $114,416.00 2004
–I–
Deed of Trust 20060428-000048 04-06-2006 $31,500.00 2006
–J–
Deed of Trust 20071224-000300 12-18-2007 $417,000.00 2007
–L–
Statutory Warranty Deed - SALE to Jakoboski: 20120904001810 08/31/12 2012
$610,000.00
Excise Tax 2562557
On-site Sewage System 20120904001809
8 liens in 13 years
Property:
1545 NE 107th St Seattle WA 98125
*The first liens to purchase the house were 1 for the down payment and 1 for the regular
payment. That means that the loan officer did a trick to get the house was 100% financed without
it being obvious to the lender.
–M–
Stat Warranty Deed 20030404002418 Purchase price: $255,500 0% down
– N --
Deed of Trust 20060424-000973 04-14-2006 $266,000.00 2006
–O–
Deed of Trust 20080814000832 08-01-2008 $284,750.00 2008
–P–
Deed of Trust 20100714-000371 05-07-2010 $293,585.00 2010
Corporation Assignment
20130327000128 3-06-2013
Appt Successor Trustee
20130327000129 3-11-2013
–
–Q–
Deed of Trust 20130115-002076 01-07-2013 $288,747.00 2013
–
– R --
Deed of Trust 20160708-000887 06-11-2016 $66,510.00 2016
This property has no bribe income as it has no liens during the time that Carlos owned a share of
it,
BUT it provides proof that there is something fishy about the other liens.
Around the period of this purchase there were 5 other liens (Documents H-J) ALL by the same
bank placed on the Woodinville house. Why didn’t he just put one lien on the condo?
Property:
Villa Marina Condo
Unit 45, Building W
King County Parcel number: 894421 0450
--
Quit Claim Deed 20130131 001945 02-21-2013 Divorce Settlement $0
----------------------------
--
Deed of Trust 20090127-001268 01-27-2009 $238,500.00
–U–
Deed of Trust 20141120-001012 11-17-2014 $218,100.00
---------------------------------------------------------------------------
----------------------------
------------------------------------------------------------------------------
----------------------------
Brian and Krystal Velategui (Brian Velategui, relative of Carlos Y. Velategui, maybe
son)
–W–
Statutory Warranty Deed 20090602 001038 05-26-2009 Purchase Price: $254,500.00
--
Deed of Trust 20090602-001039 05-26-2009 $249,889.00
– X --
Deed of Trust 20121130-002901 11-26-2012 $238,427.00
Page 1
Sheet2
Property Deed Doc Date Lien Amount Full Date Other Doc Item # Bank/Lende
TAX Value Number Reconveyan Related Doc r
ce Doc Number
Number
Page 2
Sheet2
MERS PO
BOX 2026,
Flint MI
48501-2026
1-888-679-
MERS(6377
)
Seattle link- Loan #: trustee Return to:
Notary?
Page 3
Boharski Property Liens 1
Page 1
Sheet2
Page 2
Sheet2
Page 3
Sheet2
Page 4
Sheet2
249220-0835-08
Page 5
Sheet2
Page 6
Sheet2
0003444676
/5,516
0003444684
/5,521
613132430
0127758720
-00
Page 7
Sheet2
Page 8
Sheet2
Return to:
Page 9
Sheet2
Page 10
VETERANS FOR GUARDIANSHIP
AND PROBATE REFORM, S.P.C.
All Americans May Join and Benefit
HE NEE
The explosion of GPF may be explained in one word: complexity. Complexity is fraud’s best
friend. A box full of puzzle pieces is complex and meaningless until we see the whole
picture. GPF is a puzzle – when the whole picture of GPF is shown to us,
the complex becomes simple. Please see our website below.
• Let us know about your probate and/or guardianship fraud case, or refer someone you
know who is a victim. We can assist in preparing evidence, and the filing of a federal
criminal complaint. We work closely with federal law enforcement, and have attorneys
experienced with case preparation.
• Please visit our website at VGPR.io, and feel free to provide information about any
case or evidence relating to guardianship and probate fraud.
The innocent people who are being robbed by GPF include veterans - the people who have
sacrificed everything for every American’s right to live under the rule of law. But GPF
affects us all. Let’s work together now to stop GPF.
"All that's required for injustice to exist is for good people to do nothing."
It’s up to us.
VETERANS FOR GUARDIANSHIP AND PROBATE REFORM, S.P.C.
WWW.VGPR.IO (206) 492-1773
e a
I BETORS rgE EBE[VE
DISCIPLINARY BOARD
2 Or fHE 00T 1? lS3
WASHINGTON STATE BAR ASSOCIATION
3
FEVIEW CO$ilIrTEE TWO ul/.s.B.A.
4
CompLainant Frank Ruano
a
Attorney Emily Hansen
6
A report on the investigation of the above complaint was con-
I
sid.ered, by Review Conunittee of the Disciptrinary Board
o
(,
n4
on K. . Based upon this review, and pur*
9
Euant authorlt,y of Rule 2.4(d) of the Rules for Lawyer Disci
t0
pIi-ne,
tl
IT ID ORDERED:
L2
( ) That the cor*trllaint be dismissed.
13
( ) That the complai.nt is dismissed. An advisory letter wi
14
Pg sent. to the-lawyer cautioning the, Lawyer i*girai"g
his or her conduct, pursuant to RLD 5.6.
r5
That investigation and review of the connpraint is defer
r6 ed pending civil or criminal 1itigation.
17 Shat further investigation should be cond,ucted in the
area of
IB
19
K - rhat a hearj.ng should- be .her{ on the allegations of. the
complaint 7 r ttr air{tj T6, *t u,r ( c,ccour,* u i ,,ia-k'n,, *l<
" ^",,./
20 ( ) other: -' I /
2t
,.,
t3///
23 DAfED this day or &|A-h /r , re83
*&
25
26
27 rperson,
o
Wesnwcrou Srem Ban AssooATroN
505 Madison Street
Srarrm, WnssrxcroN 98 1 04
t o
I BEFORE TI{E
DISCIPLINARY BOARD
EBEIVE m
, og' tHE 00T 18 ml
WASHINGTON STATE BAR ASSOCIATION I
'3 I
W.S.B.A.
4
I
B
pursuanr ro RrD z.s {ohN rfu. RoF:p , ,,- , - - i"
9 appointed Hearing Pangl
I
Officer in the above-entitled proceeding.
10 DATED this Mday of , 1e83.
i
ll
t2
13
14
,
15 Address and phone number of the Hearing Panel Officer:
1600 Peoples National Bank Bldg.
l6 Seattle, Washington 98171
(206) 223 1600
17
18
19
20
2t
srct
23
2,'
25
26
2l
ORDER APPOINTING TIEARITG PANEL OTFICER
Wesl{rNcroN Srnru Bm AssocnrroN
505 Madison Street
_ :
Srertre, Wnsamcrou 98 I 04
o o
I BEFORE THE tEtrrvtrB
2
DISC]PLINARY BOARD
tlCT 19 ffi- L
b
EMILY R. TANSEN,
FORMAL COMPLAINT
6 An Attorney at Law.
l5 Washington. ,
23 defendant appealed.
-,
24 2. The Court of Appeals upheJ-d the trial court's decision
25 and the de.f endalrts petitioned fof l::eview ito ,. ,he Filashington State
26 supreme court. rn' lirte May, rgg2, J-t was anticipated that the
27
FORMAL COMPLAINT
%.snmcrox Sraru Ban AssoctATIoN
Page 1 of 6
505 Madison Street
Srerrrp;'WesHrNcroN 98 1 04
o O.
2 satisf i-ed.
3 3. On June 2t Lg82, there was a meeting between.Frank Ruano
4 and Emily'Hansen. At that meet,inE, Mr'. Ruano questioned the amount
5 of Ms.rHansenrs fees. These fees were to be paid when the defen-
6 dants satisfied the judgment against them. In response to that
I
questionirg, Emily Hansen mailed her client copies of her time
l
I .:
I 4. On June 25, 1982, the Engas paid the judgment with a :
L7 On June 29, tgT2, Ms. Hansen wrote to the attorney for the company
18 which had posted a supersedeas bond for the Engas, informing them
19 that the judgment had been satisfied. She sent a copy of that
20 letter .to her client, Mr. Ruano.
2.1$Mr. Sidney Clinch, the real estate sale,sman, .that por.tion of the
25 trust funds due hjm as his part of the sales commission.
216 7. Alsor orr June 29, 1982, Ms. Hansen wrote the following
27 trust account checks to herself:
EORMAL COMPLAINT
WesnwcroN Stntn Ben AssoctATIoN
Page 2 of 6
505 Madison Street
Srlrrr.B, WlssrNcroN 98 I 04
o o
I
o
l0
ll
t2
13
14
t5
t6
t7
t8
19 ,
l-0r. As indicated above in paragraph '7 , Sidney Clinch was the
:
20 real estate salesman, who arranged the sale which the Enqas refused
26 Ms. Hansen began providing Mr. Clinch with copies of letters she
27 wrote on Mr. Ruano!s behalf. In addition, she would write letters
LAINT
Page 3 of 6
WesnwcroN Sraru Bn AssoctATIoN
505 Madison Street
Srlrrm, WnsHrNcroN 98 I 04
1
about Ruano v.-!qgq to both Mr. Ruano and Mr. Clinch.
:.1'
2 " 13, This conduct continued despite l4r. Ruanols protest, until
3 JuIy" l-982, when M::.,' Ciinch recerved'the funds due him.
4 FACTS REGARDING COUNT IV
L4. ' During the month of Ju111, L982, tls. Hansen was also
al. -.
,5 ' .
8 notifying her that the lawsuit had been settled, and that Ms.
9 Charles should sign a release and the settlement check which Ms.
l0 Hansen had received.. i:
ll 15. On JuIy- L9:, 1983, Ms. Charles si-gned the release and the
L2 settlement check. The'funds were then deposited into Ms. Hansenrs
l3 trust account,at the Bank of California. At the r.same, time, MS.
L4 Charles was given a statement showing'the amount claimed as Ms.
15 Hansen'rs fees.' 'The statement did not indicate that the fees had
been paid. .t
r6
'l
L7 16. On the same d.y, July 19, t9}2t Ms. Hansen wrote the
.: .
26 sure that
I'the settlement draft had
l
27
4 coullr r i
10 I COUNT II
#
25 COUNT IV
4
.l .i .
t8
19
20
2t
22
23
24
25
26
27
TORMAX COMPLAINT
Page 6 ofG %,suiNcrou Srlrr Ban AssocrATroN
505 Madison Street
' Srerrrr,WessrrcroN 98104
a o
I B&TON8 THE DISCIPIffiILRY
-,
or THE WASHINGEON STATE BAR ffi#_5nY5"X=UJ
:i In fA v[l.s.B.A.
EMILY R. HANSEN
4 NOTICE TO A}ISWER AT.TD
I{TTCE OF ITEARITSG OrrrCER
D An Attorney at Lanr.
DIFECT LINE
(208) 622€028
Leland G. Ripley
State Bar Counsel
LGR: gp
Enclosures
cc: Emily R, Hansen
James Mi1ler
I -
2
3 In re
or,#'fiilfi ,fr8*"i':$ffi'gi*'^333x-ffiq.,[
;:: l
4 EMILY R. HANSEN AcKNowl,socumult, o$t&$fl .
D An At,torney at Law. )
)
6
2L
,t
23
al
25
26
27
I
the Respondent herein, EI\,IILY R. HANSEN, and,
COMES NOW
I
pursuant to Rule 4.5 of the Rules for Lawyer Discipline (Rf,O1 ,
10
admits, denies and alleges as follows:
11
BACKGROUND AND ADM]SSION TO PRACTICE
12
the allegations concerning her admission
Respondent admits
13
to practice law in the State of Washington.
14
FACTS REGARDING COUNTS I AND II
15
1. Respondent. admits the allegations of Paragraph 1.
16
2. Respondent admits the allegations of Paragraph 2.
17
3. Respondent admit.s that a meeting between Frank Ruano
18
and Emily R. Hansen occurred on June 2, 1982, but specifically
19
deni-es that Mr. Ruano questioned the amount of the fees charged
20
by Respondentts 1aw firm- At the referenced meeting, Mr. Ruano
21
asserted for the first time malpractice by a prior attorney, which
22
a1Iegedly occurred three and one-ha1f years before; stated that
23
the form of Respondentts firrn!s monthly statements, sent to Mr.
24
Ruano for some five years without comment, were improper in failing
25
to designate the time spent on each service; and stated he had
26
ANSWER . 1
LAW OFFICES
IHOM, NAVONI, PIERSON, RYDER & MAJOR. INC,, P.S.
3737 BANK OF CALIFORNIA CENTER
SEATTLE. WASHINGTON 981 64
TELEPHONE: (206) 623"8433
1
never sought the services of Respondent. No challeqge to the
2
time spent nor the chargres therefore was raised. Respondent
3
admits that certain tj-me records were sent to l4r. Ruano following
4
the meetirg, but not due to a request for same, but only in re-
5
sponse to lr{r, Ruanor s off-hand cornrnent concerning the form of
6
billings. Thirty or more of daid bilrings had been sent to Mr.
7
Ruano by Respondent personnally without any reaction. Respondent
8
specifically denies that. the fees for services rend.ered to Mr.
I Ruano were due on satisfaction of the subject judgrment. said
10
fees were due and payable on receipt of each monthly statement
11
from the commencement of the litigation in lg78 to its conclusion.
12
4. Respondent admits the allegations of paragraph 4.
13
5. Respondent admits the allegations of paragraph 5.
14
6. Respondent admits the allegations of paragraph 6,
15
7. Respondent denies that the trust account check No. 4g2
16
for $7,712.00 was written or negotiated by Respondent. Said
17
check was payable to Thom, Navoni, Pierson, Ryder & Major, which
18
negotiat.ed the same. Respondent denies that no notice of this
19
transfer from trust was given to Mr. Ruano. Respondent advised
20
Mrs. Ruano, his wifer on June 30, L982, of this payment out of
21
trust of the outstanding fees and costs accrued. Respondent
22
admits that the fees paid to Thom, Navoni-, Pierson, Ryder & Major
23
represented the fees outstanding on the June 7, L982, statement
24
to Mr. Ruano, together with the fees and costs accrued through
25
that month.
26
ANSWER - 2
LAW OFFICES
THOM, NAVONI, PIERSON. RYDER & MAJOR. INC,. P.S
3737 BANK OF CALIFORNIA CENTER
SEATTLE. WASHINGTON 981 64
TELEPHONE: (206) 629-8433
1
B. Respondent admits the meeting of July 1-2, Lggz, occurred,
2
but denies that Mr. Ruano had not previously been notified of
3
the disbursement from trust.
4
9. Respondent admits that for the first time on July 72,199
5
following Mr. Ruanors representation by Thorn, Navoni et aI. in
6
the subject litigation for more than four years, Mr. Ruano express
7
his opinion that the fees charged him had been excessive. Re-
I spondent, admj-ts further that Mr. Ruano protested the removal of
I fees from trust, although he had been advised of this through his
10
wifer orl June 30, 1982.
11
FACTS REGARDING COUNT TTI
12
I0. Respondent admits the allegations of paragraph 10.
13
11. Respodent admits the allegations of paragraph 11.
14
iJ2. Respondent specifically denies that she had no authority
15
from Mr. Ruano to apprise I4r. clinch of the status of Ruano v.
16
E4ga, a controversy in which he was the critical witness and in
17
whieh he had a considerable fi-nancial interest.
18
13. Respondent specifically denies that Mr. Ruano has ever
19
protested to Respondent regarding the providing of copies of statu
2A
letters on the subject litiqration to Mr. Clinch.
21
FACTS REGARDTNG COUNT IV
22
L4. Respondent admits the allegations of paragraph 14.
23 15. Respondent admits the allegations of paragraph 15 and
24 further states that on Jury L9, LgB2, when Ms. charles endorsed
25 the settlement draft in Respondent's office, Respondent advised
26 ANSWER - 3
LAW OFFICES
IHOM, NAVONI. PIERSON, RYOER & MAJOR, INC,. P.S.
3737 BANK OF CALIFOBNIA CENTEF
SEATTLE. WASHINGTON 981 54
TELEPHONE; (206) 623-8433
1
her that the fees and cost.s evideneed in the JuIy L9, Lgg2,
2 statement. wouLd be paid out of the settlement funds.
3 16. Respondent admits the allegations of paragra6rh 16.
4 L7. Respondent admits the allegations of paragraph 17.
5
18. Respondent denies the al-legations of paragraph 18 as
6 Ms. charles was notified by statement of July 19, ]]9lz, by trans-
7
mittal letter of July 2'7, 7982,, and. by the regular monthly state-
8 ment on August 10, Lg82, that the fees associated with her liti-
I gation had been paid
10
COUNT T
11
19. Respondent specifically denies that she knew a dispute
12 existed as to her law firmts entitlement to fees and costs from
13 Mr. Ruano. Over a four and one-half year course of representing
14 Mr. Ruano in Ruano v. Enga and after submitting more than fifty
15 statements to Mr. Ruano, neither Respondent nor any member of her
16 firm was ever apprised of anlz challenge to these fees. The first
17 time Respondent was advised of the nature of this dispute was durin
r8 a fee arbitration hearing before the Bar Association earlier this
19 year, when Mr. Ruano challenged the fees and costs on virtually
20 every statement from Respondentr s office.
21
COUNT fI
22 20. Based on the common practice of her 1aw firm, Respondent
23 understood that she should notify her client when fees and costs
24 were disbursed from her trust account. fn the Ruano matter,
25 Respondent did provide a contemporaneous oral accounting to Mrs.
26 Ruano when the fees were disbursed. A written accounting was pre-
ANSWER . 4
rHoM, NAV.Nr, ,,.htg-:t-tJSEB & MAJ.R, rNc., ps.
3737 BANK OF CALIFORNIA CENTEF
SEATTLE. WASHINGTON 981 64
TELEPHONE: {206) 623-8493
1 pared on June 29, 1,982, but due to a laek of awareness concerningr
2 the reguirement of a contemporaneous notification and the meeting
3 scheduled in early July, Respondent derivered the accounting to
4 Mr. Ruano at this meeting.
5 COUNT III
6 2L. that she revealed any client confi-
Respondent. denies
7 dences and secrets to Mr. crinch. Mr. clinch, the individual
I most intimately familiar with the subject real estate transaction,
I were merely advised by carbon copy of the status of the litigation
10 during the appellate process, which was a matter of public record.
11
No information whatsoever secured from Mr. Ruano was communicated
12 to Mr. clinch. Respondent emphatically denies that Mr. Ruano
13 has ever, through the present date, complained to Respondent of
14 her sending these copies to Mr. Clinch.
15 COUNT IV
16 22. Respondent denies any misconduct in the Charles litiga-
17 tion and disbursement of settfement funds. Respondent followed
18 the common practice of fellow attorneys in her firm by depositing
19 the settlement draft, then disbursing funds to outstanding fees
20 and costs and advising Ms. Charles of, said disbursement. Respond
21 was unaware of the need to have the draft clear banking channels
22 prior to disbursement to fees, again as learned from her partners.
23 Respondent delayed payment to Ms. Charles of the net recovery to
24 assure that she would have immediately available funds.
25 ANSWER - 5
26
LAW OFFICES
THOM. NAVONI. PIERSON. RYDER & MAJOR, INC P.S.
3737 BANK OF CALIFORNIA CENTER
SEATTLE, WASHINGTON 981 64
TELEPHONE: (206) 623.8433
t--"
1
Having fu11y answered the Formal Complaint herein, Respon-
2 dent asserts'the following Af'firmative Defenses and justifications
3 for the conduct asserted herein:
4 1. Bar counsel fails to state an act of misconduct in Count
5 I as Respondent had no knowledge of a dispute over the fees when
b the. trust funds were disbr:rsed, as Mr. Ruano challenged the rea-
7 sonable value of Lhe services rendered to him for the first time
I during a hearj-ng before the Bar Association months following the
9 disbursement.
10 2. Bar counsel fails to state an act of misconduct in Counts
11 fI and IV as Respondent acted in reasonable reliance on the common
12 practice of fe11ow attorneys and the bookkeeper in her 1aw firm
13 and perhaps based on a lack of experience in disbursing the trust
14 funds in the Ruano and Charles litigation.
15 3. Bar counsel fails to state an act of misconduct in Count
16 fII as all information conveyed to Mr. Clinch was secured from
17 him; as the primary witness at trial or was a matter of public
18 record. Further, Mr. Ruano authorized Respondent's providing of
19 the status letters to Mr. Clinch.
20 4. Immediately prior to the activation of this Complaint
21 against Respondent, Mr. Ruano reached an accord and satisfaction
22 of any and all claims against Respondent in exchange for payment
23 to Mr. Ruano of, substantial consideration-
24 5. Bar counselts actions in pursuing the present claim again
25 Respondent is barred based on commitments to Respondent and her
26 ANSWER - 6
LAW OFFICES
THOM, NAVONI, PIERSON, RYDER 8 MAJOR, INC,, P,S
3737 BANK OF CALIFORNIA CENIER
SEATTLE. WASHINGION 981 64
TELEPHONE: (206) 023-8433
1
counsel in early Julyr 1983, that this matter would be terminated
2 on or before October l, 1983, in consideration of Respondent's
3 personal commitments and the imminent termination of her 1aw
4 practice and departure from the country.
5 RESPONDENTIS ADDRESS
6
Respondent states that she maintains her'Iaw practice at
7
Thom, Navoni, Pierson, Ryder & Major, 373,7 Bank of California
I Center, Seatt1e, WA 98L64, and that all further pleadings and
I documents may be served upon her at said address.
10 WHEREFORE, Respondent prays that Counts I through IV of the
11 Formal Complaint be dismissed and that Respondent be granted such
12 other and further relief as may be deemed just and equitable.
13 Dated this -?5& day of October, 1983.
14
15
16
17 Respondent
18
19
20
21
22
23
24
25 ANSWER - 7
26
LAW OFFICES
THOM. NAVONI, PIERSON, RYOER & MAJOR. INO., P,S,
3737 BANK OF CALIFOBNIA CENTER
SEATILE. WASHINGlON 981 64
TELEPHONE: (206) 623-8433
L
I BEFORE THE
D]SCTPLINARY BOARD
2 OF THE
WASIIINGTON STATE BAR ASSOCIATION
3
4 ln re )
)
J EMILY R. HANSEN, )
) NOTICE OF HEARTNG
6 An Attorney at Law. )
)
I )
I
9 TO: EMILY R. IIANSEN, Respondent -'
10 By agrreement the hear+ng i,n Lhis matter has been set for
'l
II I.Iovember 1, 1983, j-n Room 631, f,yon,Bui-lding, Third and James Stree 3 f
t7 I,,eland G.
State Bar Counsel
1B
19
20
21 RTIFICATH OF.
I CERTIFY THAT,I MAILED A COPY
,,
oF THE FCIREGOTNG 4 eli c4 TO
23 , RESPONDENTIGEUilSE&--
€OE.RESPENDE TT AT
24 ?P/07
EERilFTED/FI RST CLASS MAI L,
25 ON THE
26
27
NOTICE OF HEARTT\TC
3 Inre )
i
4 EMrLy R. HANSEN, i{ p,*I^:gyl:p"'s HEARTNG
MEMORANDUM i
I
b An Attorney at Law. )
'I )
:t
6 I
t4 her trust account. On the same day that the funds were deposited,
15 without authority from her'crient and while she knew her fees
I8 Mr. Ruano.
---_-----
19
20 Mr. Ruano did no,t know that Ms,. Hansen had made these trust
2t disbursementsunti1Ju1yl2,1'982.
oo On that date, Mr. Ruano again protested these. trust disburse-
.-j
23 ments. Despj-te these protests, I{s. Hansen did not return the funds
.:
?A to the trust account. :
''-l
25
4
that this delay of eight days was required to obtain notification
5
that the settlement draft had cleared. the banking process and the
6
fund.s were available.
I
There is a dispute, but the better evidence will show that Ms.
9
Cli-nch, 'a person with a financial stake in the legal matter on
l0 which she represented Mr. Ruano, copies of letters she wrote on her
ll client's behalf. She continued to do so even after Mr. Ruano
L2
protested her conduct.
l3 This memorandum is provided in order to outline the 1egal
t4 issues surrounding Ms. Hansen's mishandling of client funds and her
l5 breach of con. fidentiality.
ARGUMENT
16
L7
I. EMILY HANSEN MISAPPROPRIATED CLIENT FUNDS.
t9 King County Superi-or Court were not her monies. The entire sum
3 656 P.2d 503 ,.(1983), quotj.ng In re Beekley, 6 Wn.rrd 4LO, 423, lO7
:: -:-------'-*-*-T i
b Since':1]1s funds Ms. Hansen received were Mr. Ruano's and since
,.
l5 tr{hea Ms. Hansen acted,without authority from her client, she '
t7 this fact, Ms. Hansen was aware at the tj-me she took her fees that
18
,the amount of her bill was disputed.. DR 9-I02(A) (2) clearly pro-
19 vides that. trust. funds "belonging to a lawyer orl 1", firm,, may be
20 withdrawn from the trust account "unless the right of the lawyer...
I
9
10
11
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2T
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2A
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b CONCLUSION
I Code of Professional,Responsibility.
r0 Respectfully
11
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HEARING MEMORANDUM
Page 6 of 6
Wessnlctgl p1o:t Ber. AssocrArroN
505 Madison Street
SrarrrB, WnsumoroN 98 I 04
RTIFICATE
I CERTiFY THAT I MAILED A COP\T
FoHcciNG fruqb,rff,eo,rd,t &.e . rc
FOR-RESFeT+Bf$I Al'
R5$THUts
eE+{IiF+E9, f I [3T C i_f 'ir *+r.Dc. 26520
onr rHe 6\( D.,Ly c1: s
v[l.s.B.A.
{WE6I*ffiSMHE_DISCIPLINARY BoARD
S.TATI
OF THE WASHINGTON STATE BAR ASSOCIATION
In re EI{ILY R. HANSEN, )
an Attorney at Law, ) HEARING OFFICERIS OPINION,
) TINDINGS, CONCLUSION AND
) RECOMIVIENDATION
letter that day to Ruano and Clinch telling them that she had
received payment of the judgrnent and that the three should have
a meeting soon to disburse funds t,o Ruano and Clinch. On the
next day respondent and Mrs. Ruano had a telephone conversa-
tion. l'Irs. Ruano is a secretary in a Seattle 1aw f irm. She
was familiar with much of Ruano's business and with the Enga
case. Respondent testified that she told lilrs. Ruano that she
had disbursed the costs and fee from her trust account and that
she had tried to reach Ruano on the 29Lh to inform him that she
was going to do so. Mrs. Ruano testified that respondent did
not telI her that. Mrs. Ruano testified that she told respon-
dent "You know the fee is in dispute". Respondent denied that
Mrs. Ruano had said that.
IIow can we tel1 which recollection is correct? We cannot,
but we can make deductions. Most of the conversation dealt
with Mrs. Ruanors astonishment and indignation that the court
clerk had paid the money out of the registry by a check drawn
to respondent I s order. Iv1rs . Ruano bel ieved that the clerk
normally drew such checks to the joint. order of the client and
the lawyer. (I believe that she is wrong about the clerk's
customr but the custom is of no moment here, and we know what
the clerk did in this case.) Mrs. Ruano believed that the
clerkrs drawing the check sole1y to respondentrs order vtas
somehow respondentrs doing and that iL deprived Ruano of a
3 In re
RE'Ps{ ru
4 EMILY R. HANSEN, NOTICE OT APPEAL
W.S.B
b An Attorney at Law.
l5
16 mendation that respondent receive two censures
17
l8
19
20
TIFICATE CIF
2L
I CERTIFY THAT I MAILED A
22
23
la, aazo
24
25
26
27
t4
t5
Leland G. Ripley
l6 State Bar Counsel
t7
1B
r9
2A
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,,
23
24
25
26
27
20 FACTS
b to pay the judgrnent with the cle.nR' of. the King Countyr Superior
6 CourL. ron June 29, 7-982, Ms. Hailseni'.'as attorney f,or F'rank Ruano,
It (Ex. L4 e 15). Tr. p. L4 1.I0-p-I5. ,.At the time Ms. Hansen wrote
:.
t2 these trust account checks, her client did not know.that she had
.'..
I3 his money in her account. Tr. p.i5, ls.12:15.
t4 the same 'day that Ms. Hansen withdrew these fund.s, she
On
15 wl:ote a'Iet'ter to 'her client 'informing him that the funds had been
r6 received, but not. informing,, him that she.had withdrawn those funds.
20 Atthetimethatthefundsweredisbursed,theamountof
2L fees anrf cost=,'t.k"r, by I,{s. Hansen exeeeded any bill that had
22 previously, been subrnit.ted''to Ruano. trr. p.14, Isi2-8. The'amount
23 she took inctuded :.: atrL the interestl'which R.uano had. specificalIy
ztl protested., in the approxj-mate ar,rount of $800 (Op. p.11).
25 In addition, in another unrelated maf,ter, Ms,. Hansen wrote
26 herself
-. ----. .--- tiiust
-- --: - account - for fees and costs on the same day
- - - *- checks .
2 she delayed dlsbursing funds to her client until she was certain
4 ARGUMENT
I
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Page 4 :of 7
: 505 Madison Street
t 1o
.:
I . The hearing
-:- - -- - --.- officer, apparentl,y is' of the, opinion that the
, properapproachind.ea].ingwithdj.sputesregardingfeesis-to
3 require the client to notify the attorney of the exact amount of th
4 dispute, otherwise the attorney is entit}ed to, the rfloney. This
:
l0 ..
18 Superior
: Court clerk's trust account until that court,ideterroj.ned
19 whowas,ent,it'1edtot'hesefeesorany'partofthern
20 B. The. Hearing Of f icer's Recornmended Sanction Faj-Is
2 I lnecognize
"
the Serious Nature of' Respondentis
'-'''' t''''
Misconduct.
':
|
rn making a recoinmendation with regand to Ms. Flansen's
I
22 I
I
23
24
lconcluded that a lett,er of censure would be appropriate for tir-e
I
Splrtlx, I[esruxclror* $ S1 o+
a o
I
,
3
I
9
10
lt
t2
l3
t4
15
16
V
t7
18
l9
E
20
2L
22
23
?/L
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26
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3 a ,30 d,ay suspension for lrts. Hansenrs trust account violat.ions in-
4 volving Uotfr Mr, Ruano ! s and, I"Is. ,icharles' funds. (Since both in-
17
Le
18 State Bar Counsel
19
20 CERTI FICAT€
%
CIf $Hft"lfi Cf
zl 1 CERTIFY TFiAT I MA]LED A COPY
22
fofifiGQrn*Gwra
2g f9R+EsFe$+DEur Ar
2/l
25
STATE BAR COUI!
26
27
TATEMENT rN oPPosrt'ro\MAsHINcroN
srarr Bln AssoctArloN
aEeTofT 505 Madison Street
Spertm, WessruoroN 98 1 04
rHoM"?ouo*,, o,;;;#' RYDen tnroR ffi L0 L SYt'Xa
3X&r a H${t}a I Frot!3s1orlAL SElYrea conioia?lon,ilcl.uol]ra lRolvltuaL caBpQ'a"loxl o, ceiatt '.4
oll.t L ruiaxa
o^no L $JO.. r.a
..rtlrg ra oxrE?oaa 373? AAAX of cAl.lroii{lA C€N"ER
{io w. trl*toB ta SEAT.rLA rtASHIilGTON 9{lI 64
licat a ftax
,rrHtx e lv6cr. ta
aot6E w. tcxooBrax]le ,,3
.iut L ?r€* P.3.
rEL€FltOlrE: zOa 68!'5.3! ' i
' r !
rt
:i
l+ sl
.rune _22!_Jry
Frank Ruano
T'8ANK RUANO & ASSOCIATES, INC.
L6744 39th N,E.
Seat,t,le, l{ashington 98L33
'4
Sidney Clinch
850 Somerset Lane
I
Ednonds, Washington 980?0
Rel Srank Ruano & Associates, Inc. v' Enga
King County Cause No. 845423
Gentlemen:
Please be advised that, at long 1ast, the f,unds in
satisf,action of tlre above-referencad judgarent have been
of
iJceived in my of f ices. I recoruaend that ttre threethesE
us arrange a ileeting for the Purpose- of disbursing
.: f,unds aciording to [,ne
-ds agreemant as between Frank r 8s former
AioXer, 'and Sla""Vr firmer agentr oll this transact,ion and
the written disbulsement, instruct,ions PreviousJ'y submitted
to me.
f will be ou state rom
rou , m-am availabLe after that
d,ate for is meeting.
Very trulY Yours,
*,u,Q\I,-,-",,J
./
Emilyin. Hansen
ASSOi]IAIIONS
rYHltl!r
Li\r ilut I l.,tn
r!v
I i J
, BEFORE THE IREBEIMEMI
-[U,
2
DrscrPli.+# BoARD lNl;;*I
!. I:t A t'
WASHINGTON STATE BAR ASSOCIATION
3
4 uu.s.BJL
5 OfiA'L ARGUMENT
l5
16
t7
18
19
RTIFICATE CIF SH
I CERTIFY THATJ
20 roilEcfin'lc g{-
2l
22 c.2r)52.O
23
24
25
26
27
NEQUEST FOR
WessmoroN Smre Ban AssocrATroN
ARGUMENT
505 Madison Street
Srerrle, WesswcroN 98104
(nq 622-6026
American Embassy Ouagad"ougou
Department of State
Washington, n.C. 2O52O
January 2f, 1984
'{*Wff)
Emily &. Hansen
cc: Leland G. Ripley
$tate'Bar Counsel
uI'
LEGAL DEPARTXIENT
DIRECT LINE
(206) 622.6026
Enclosures
tGR: Ep
A COPY
I CERTIFY THAT I MA]LED
OFTHEF0REGOING qO'' :"--.!!'
BffiIORE TTIE
R5eslyum
DISC]PLII{ARY BOARD
OF TI{E
V{A.SHINGICN STAIE BAR ASSOCIIffICN] v[/.s.B.A.
In re
R. HANSENI,
H\,IILY COUIfIERSTAIEMH,II OF RESPONDEI,TI
An Attorney at Law.
PRM,]MIT{ARY STAIEMENT
ttris discipUrnqf rnatter has ncnr been pending one fuIl year, dr:ring
wflich tjne tLre Reslnndent has rnade innediate reply to all bar inquiries
and formal pleadings. Bar Counsel has now filed an appeal of the Hearings
EX<arniner's reccnrnendation. Responderrt objects to this a;peal on the basis
that it unfairly prejr.rdices her ability to defend herself and to protect
her career and liveUhood. Bar Cor.rrsel j-s well aware, and has been for
many nrrnths, tJ:at by ncxrv Restrnndent is in Mrica wittr her husband. She
has access to no 1ega1 te><ts, no re;nrters, no fellow lavryers to help her
prepare, and none of her files pertaining to ttris matter.
or,wr
And it is not accurate to staLe that l,trs. Flansen brought these circtmr-
way or tlre ottrer long before then. Yet he did nottring to bring tlre rnatter
to hearing r:ntil late October. Ttrus, It{rs. Hansen's plight is not of her
rnaking. As distasteful as receiving any sanction nrmst be, Respondent cannot
adequately defend an a;peaI. Thus she asks ttrat the Board disniss the atr4:ea1
COI]TTIERSTAf,STE}{I OF RESPOITDMIT - 1
does Bar Cor:nsel object to?: The severity of tlre sanction, to that
and
alone. Ttre dispute between ttre Hearings Srarniner and Cor:nse1 is based on
the Exanuiner finds ltrs. I{ansen to have been "a sound lavryrer and a truthful,
honest person, wtro actedin good faith." (Op. p. 20, 22) Suspension r,'nu1d
inordinately ectend her suffering. Justice must consistently fit the "crime",
buL it must also be fajr. Any sanction harsher than that reccrnrended by
ttre Hearings Exarniner would be neittrer.
F'ACTS
Vlith a fsr additional itens, Bar Cor.rnselts statenerrt of tJ:e facts found
is that he guestionned tkre interest being charged on his four years' overdue
bills. He d"id request ccnplete time records; artd ilirs. Hansen presented those
available to her and offered rnore if he wanted thsn. Ruano did not take up
the offer. (Op.p. 8)
COUISIMSTAf,EMM'W OF RESPONDENI . 2
Second, Bar Cor:nsel states ttrat no written notice of the withdrawal
of funds was given to her client, l4r. Rrano, until f,ourteen days later.
He fails to note that ttre Efcaininer found attenpted nctj-ce by telephone
the same day, and actual notice to Mrs. Ruano the nect day. 16p. p. 6-7)
Ttrird, Bar Cor:nsel claims Mrs. Hansen had no specific authority frcm
Rrano to clajm her fees. On tlre contrarlz, ttre Hearings E<arniner f,or:nd an
stantial objection and that lulrs. Hanssr was warranted jn her belief that there
was no ottpr dispute.
He also finds l,Irs. Hansen was yolr:g and. inecpenience (Op. p. 10) and
concludes that her error was that of ine<perience, "not of arzarice or greed
C0UT{1ER-ARG]ME[{}
That reference bV the Exanuiner was to the Charles charge, v*ere Bar
Counsel, after a painstaking o<afirination of a full year'of Req>ondent's
tnrst account reoords, was able to discover one instance vr?rere Reslnnderrt
failed to wait for a checl< to clear bank charurels before issuing checks
against it,. (o5>. p. 20) Though Bar bunsel has formally apg:ealed lboth
COU}OIER.STASEMENT OF RESPONDMOI - 3
decisions, his entire argiurrent, save this one erroneous reference, refers
to tlre Rr:ano natter.
B. fhe Hearings Exam:iner Did Not Erroneously Concluge as a l4atter
of law That A Client Cou1d Waive His Rights to F\l:{s in a Trust Agcrcunt.
Ttre Board will search the Ercanriner's @inion in vain for any such
conclusion. Rather ttre Exam:iner finds I4r. Rr:ano agreed years earlier to
pay an hourly rate, failed. to object or pay despite nnnttrly biI1j-ngs, and
ttren first raised his argunents nnnths after funds were trnid (Op. p, tg-20) ,
Total. "
Norr,rhere will ttre Board find this conclusion in the subject opinion.
The Heari::gs B<am-iner for:nd that Rr:ano had not disputed the hourly fees
accrued until after tJ:ey wee paid. DR 9-102 (A) (2) specifically per:nits
ttre attorneyrs wittrdrawal of fees due and not disputd frcm trust.
D. Tlre Hearings Examjner Correctly (traracterizes Mrs. Hansenlg
Based on his decades of practice j-n ttre hrashington Bar and his reputaLion
as a scholar in ethical concerns, the Hearings Exarniner, John N. Rupp, is
well versed in ttre fiduciarlz status of attorneys in relation to their clierrts
COUIfIEII,STAIEMENT OF RESPCNDH\TI - 4
and the authorities cited by Bar Counsel. He did not crcnsider ttris proceeding
as a sinple nratter involving the mishandUng of trust fi:nds, nor did he disniss
Restrnndent's conduct as a trivial nntter" Rather he devoted considerable
ttrought and twenty-ttrree pages of an opi-::ion to analyzing Respondent's actions
i:lrolve any deliberate attenpt to deprive Rrano of fr-tnds dire him. (oI), p. 20)
Responderrt must be e>pended before this Corplaint of Mr. Rr.rano can f5na11y
be ptrt to rest? Bar Cor:nsel was afforded an otrportr-rnit1, dr:ring a fuII day's
hearing in Novsricer to present his best evidence and his best argn-lrents in an
effort to secure a more severe sanction. Now that tstris adjudication is ocrn-
p1ete, it is tine for tlre Association and this Board to pursue rnore serious
corplaints.
fhe recrcrnrended sanction of a letter of censure is npre ttran anple penalty
for ttre actions at issue here. Durjng ttre past y€arr Restrnndent has sustained
repeated attacks on her professional integriff and honesty and. has been forced
to g'<pend dozens of ottrerwise productive hor:rs and considerable suns of rmney
defending herself. She has been tlre victim of l4r. Rr:anols ttrreats to take out
ns^rspaper q)ac€ defaming her and her lawfirm, B/en after Respondentrs lanr.r
partners prevailed on her to reimburse Ruano his fuII claim to avoid adverse
pr:blicity and conclude ttre mntroversy, Responderrt was nevertlreless forced to
defmd herself before ttre Bar Association just days before leaving Seattle
to join her husbanl in Africa and in ttre rnidst of a tqzing litigation schedule'
Restrnndent's husband, famity, friends and associates can attest to her deep
sufferi:ng a11d snotional strain, wtrich krave affected her professional and personal
COUNIERSTAIEMMflI OE RESPCNDENTI - 5
life to this date. Respondent had arrticipated a move to Afrj-ca and an
ad.justnrent to life overseas, but Bar Cor:nsel j-nsists on prolonging ttris
CI)UI{IERSITAIEMENI OF RESPCDIDMfI - 6
'!;
a o flr-
I s e s84
oF -,B',fiiffi ,flEfi'o$', 3;ill'il1*"^33$?;o$rB
2
3 In re }TS.BT"
4 EMTTY R. HANSEN, ORDER ADOPTING
FINDINGS AND CONCLUSIONS
b An Attorney at Lavr. A}ID MODIFYtrNG RECOMMENDATION
27
4
WASHINGTON STATE BAR ASSOCIATION
J
I g J'. Gr an
Chairman
I Disciplinary Board
I
l0
ll
L2
r3
t4
15
l6
17
IB
19
20
2l AT
T.::LASS
,, ot{ THE
23
24
25
26
27
fn re
tr]}III,Y R. HAI{SHN, HO[I0$; fiO DTSHISS C0UNT IV
AI{} Irscrptrr}(AnY BSAAD ' S
An .$,ttorney at taw. OR}EN N&IATTiTS rHERX'IS
RtrGN'XTB Respon
W.S.B.A.
D]RECT LINE
(206) 622.6026
1. . Motion to Dismiss
:2.
"
IiiSR: gp
I CERT'FY THAT
11I
CL,E.SS
ON TFIE YOF
$TATE tsAR
I BEFORE THE DISCIPTINARY fu{AY 2 BoARD p84
OF THE WASHINGTON STATE BAR ASSOCIATION
2
l/[|.s.B.A.
3
In re
4
EMILY R. HANSEN, ORDER MODIFYING FEBRUARY 29,
1984 RECOMMENDATION AND
b
DISMISSING COUNT IV
An Attorney at Law.
6
I
This matter came before the Disciplinary Board at its
I April 27, 1984 meet.ing upon respondentrs motion to dismiss Count
9
IV and to strike that part of the Boardrs order directing that
r0
she receive an advisory letter. The Board being convinced that
l1
the motion should be granted, it is hereby
t2
ORDERED that the Boardrs order of February 21, 1984 be
13
modified so that it is thelBoardrs recommendation that Count IV,
14
the Charles matter, be dismissed.
t5
The vote on this matter was 10-0.
r6 I
Dated this t-ll 0 " day of May , Ig84.
t7
IB
WASHINGTON STATE BAR ASSOCIATION
19
20
25 p
W
26 AGE
GE,BIIEIED/FIRST CLASS
3
In re W.S.B.A.
4
EMILY R. HANSEN, STATEMENT OF
COSTS AND EXPENSES
b
An Attorney at Law.
a
The following are the costs and expenses claimed by the Bar
t2 Total :
i..
$S3,0.00
13
The chairperson of the Board is requested to enter an order
t4
assessing costs again's't the respondent attorney in the above
l5
amount. n
16
Dared rhis ru"ay of May, 1984.
17
18
19
20 an G. Ripley
CffiffiTiFIRATF tr}r: ,{:l;iii\"ji,r*,}tr
'- r ae:,-* d l* tJ il_ r, U
State Bar Counse
2t I CERTIFY ]'I4AT I !l-fiD A
22 TO
23 rVoL*a_
tuh. D.e,
24 PO$TA*r rD, "o5zt)
25
26
27
In re
3
4
EMILY R. HANSEIT, W.S.Bf,.
An Attorney at Law.
5
6
.]
A deeis,ion of the Disciplinagy Board,.,"recommending a'l Letter
I
B
of Censure was filed in this matter on May /., 1984, and neither
thelrespondent nor state bar'counsel.has fiLed a timelylappeal.
9 l
Now therefore,
t0 .l
t2
this matter is FINAL.
I
13
Dated this' gr"l day of Malr L984.
l4
ASS@IATION
l5
r6
17
Chairpers Discipl inary
18
19
cEffiTt FIQATE CIf, $i,Effi,VjfiE
20
I CffiTri:Y THlr,T t i.iA:!-[3 A COPY
2t
,,
23
24
25
26
27
In re
EMILY R. HAI{SEN, R"ESPONDENT' S EXCEPTIONS TO STATEMENT
OT COSTS AI\ID EXPENSES
An Attorney at Law.
COMES NOIJ the Respondent Attorney, EMILY R. HAIISEN, and, pursuant to RLD
s.7(e).
3. Bar Counsel has failed to ti.mely file his Statement of, Costs and Expenses,
pursuant to RLD 5.7(d):
. when a decision of the Board imposing a sanction is
served on the respondent lawyer after Board review, the Associa-
tion shal1 have 10 days in which to file a statement of costs and
expenses iu thercffice of the Association.
Ihe decision of the Board, entered in late February, 1984, r^ras served by nail-
RXSPONDENTIS EXCEPTIONS - 1
l+
enclosures
cc: Leland G. Ripley
Senior Staff AttorneY
Washington State Bar Associ-ation
BEFORE NIE DISCIPLINARY BOARD
OF THE WASIIINGTON STATE BAR ASSOCIATION
In re
EMrLY R. HANSEN, ORDER DENYING COSTS AND EXPENSES
An Attorney at Law.
The Associati.on having fil-ed tts Statement of Costs and Expenses; Respondent
Attorney having filed her Exceptions thereto; the Board having reviewed said
p1-eadings and the records and files hereln and finding it to be Ln the interest
of justlce to deny the assessment of costs and expenses agal-nst Respondent Attorney;
it is hereby
OR)ERED, ADJUDGED AND DECREED that the Associationrs request for an order
assessing costs against the Respondent Attorney be and is hereby denied.
DATED this day of June, L984.
Presented by:
Respondent AttorneY
Foreign Service Institute
1-400 Key Boulevard
Arlington, VA 22209
4
In re
5
EMILY R. HANSEN, BAR COUNSEL'S RESPONSE TO
RESPONDENT'S EXCEPTIONS TO
An Attorney at Law. STATEMENT OF COSTS AND
6
EXPENSES
7
FACTS
B
9
On February 29, L984, a Disciplinary Board Order bras signed
r0
adopting the findings and conclusions and modifying the hearing
ll panel officer's recommendation. Ttre Board recommended that
l2 respondent receive a letter of censure and an advisory letter
r3
for the violation found regarding Count IV. On March 22, L984,
14
Ms. Hansen filed a Motion to Dismiss Count IV. This Motion was
15
heard at the April 27, L984, meeting and the Board, by order
l6 dated May 2, L9B4 recommended dismissal of Count IV.
l7 On May 3, L984, the Association's Statement of Costs and
18
Expenses was filed. On May 22, L984, an order declaring the
19
Board's decision to be final was signed.
20 ARGUMENT
21
1. fhe Statement of Costs and Expenses was Timely Filed.
,, RLD 5.7(d), provides for service of a statement of costs
23
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27
5
Le RipIey
6 State Bar
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B
CHBIIFICATE ef $ffi V${is_
9 I CIRTIFY TI{AT LI,IAILED A COPY
10
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t2 fl Pi?IP
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$I-ATE BAft COUI"{:T
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DIBECT LINE
(206) 622.6026
Fffir:rit=;#,,,.I
Cffi:i:r:.l3T,I*LSS
aNrHE(?WAy oF
DIf;EgT LINE
1206) 622€026
tI
John N. Rupp
Attorney at Law
1600 Peoples National Bank Bldg.
Seattle, WA 98171-
Re: In re Etnily R. Hansen
Dear Mr. Rupp:
on behalf of the entire Discipi.inary Board r wish to
extend our thanks for expendinq tha time and effort to act
as hearing offieer in tlre above case
, For your information, following entry of your findings
and, an appeal by state bar counseL to the oisciplinary Boird,
the Board modified your recommendation to proviSe that Ms.
Hansen receive a single Letter of censure ior her handLing of
Prank Ruano's funds. This decision is of course not a criti-
cism of the qualj-ty of your d,ecision, but refLects the fact
that the Board, may frequently view a matter in a somewhat dif-
ferent light. than an individual hearinq officer.
OnIy through the assistance of voluntary hearing officers
can a lawyer disciprine systern function as etricientiy as it
now does. You may properly be proud of your contribut,ion to
this system.
Sincerely,
Thbhas J.
'ilr
Gr Chairperson
Disciplinary;/&ran,
z Board
TJG: al
F {d I v{ff
ay
/r': '-;)-...-x
^:'u{-ia;--Y{--{O{, <:
^- -
President )
t
1
BETORE T}IE DISCIPI;INAR.Y BOARD
OF fHE WASHINGTON STATE BAR ASSOCIA?ION
2
3
In re
{|A
EMILY R. HANSE}tr, NOTICE OF DISCTPLINE
J
An At,torney aL Law,
I
PLEASE 9AKE NOTICE that The above-named Washington State
B
attorney has been disciplined as follows:
Ordered to. receive letterof censure, May 22, L984
9
l0
1I
t2 A copy of the decision imposing discipline is encloserl.
13
This notice is provided pursuant to provisions of the Washington
Rules for Lawyer Discipline (RLD).
14
1) DATED this 4 0h
L-//{dav of fiUll\ , 1eB Y
16
t7
18
a
t9 State
20
2t
x Supreme Court of Washington
x U.S. DistricE CourE, W.D, Washington
,, x U.S. District Court, E.D. -v{ashington
x tJ.S. CourE of Appeals, Ninth Circuit
ae Oi,her jurisdictions where at,torney admiEted:
,A
.)<
26
,.?
IiOTICE OF DISCIPLINE
lVessmcroN Siers B*n .4.ssocrA?loN
5C5 l,{adison Sueet
Se.rrirs, W.rsmxcrox 981 04
LEGAL DEPAflTMENT
DIRECT LINE
(2oo) 622-6026
Lela;rd G. S.icley
Senior Staff Attornev
LGR.: a1
I a IE]tEtEIEII[fIE iRt
JUN a tUJ
BEFORE THE
r €84
I DISCIPLINARY BOARD
OF THE
, WASHTNGTON STATE BAR ASSOCIATION w.s.B.A.
3
4
In re )
)
5
EMILYR. HANSEN, ) onoER AssEssrNG cosrs
) eNp EXPENSES
An Attorney at Law. )
6
)
)
a
B
Association having filed its statement of costs and
T1he
Expenses herein on May 3, L984 and having served the statement
9
l0 on the respondent effective May 6, L984, and the time for fi1-
ll ing exceptions thereto pursuant to RLD 5.7 (b) (2) having ex-
t2
pired, it is hereby ORDERED
r3
That cost and expenses are assessed against respondent
t4 Emily R. Hansen in the amount of $530.00.
l5 DArED this 2/ .t day of "Tune, 1984.
r6
t7
rB rperson
Disciplinary
r9
20
ORDER ASSESSING
WasnrNcrou SrlrB Ban AssocIATIoN
COSTS AND EXPENSES 505 Madison Street
Page I of 1 Srerrlp, WesnINcroN 98104
(206) 622-6026
BEFORE THE DISCIPLINARY BOARD
OF THE WASHINGTON STATE BAR ASSOCIATION
In re
EMrLY R. HAI{SEN, RESPONDENTT S REQUEST FOR
REVIEI{ OT' ORDER ASSESSING
An Attorney at Law. COSTS AI{D EXPENSES
June 21, L984, assessing costs and expenses against Respondent. This request
is based on the pleadings previously filed in this proceeding on the grounds
that an assessment of costs is contrary to the interest of justice and that
the assessed costs and expenses qrere neither reasonably nor necessarily incurred.
Based on the foregoing, the Disciplinary Board of the Washington State
Bar Association is respeetfully urged to enter an order modifying the order
of June 2L, Lg84," O, u.rrring said assessment.
Dated this 27th day of June, L984.
Respondent Attorney
Talleyrand Building
American Embassy Paris
APO New York 09777
In re
H"IILY R. HANSEN,. ORDER MODTFYING ORDER
ASSESSING COSTS AT.ID
An Attorney at Law. EXPEI{SES *'"
An o,rder having been entered on June 21, l-984, assesslng costs and
ORDERED, ADJUDGED AND DECREED that the order of June 21-, Lg84,
"*"""""irrg
costs in the amount of $530.00 against Respondent Attorney be and the same
Dlsciplinary Board
llashington State. Bar AssocLatlon
505 Madtson Street
Seattl-e, lIA 98104
Re: In re Emtly R. Ilansen, An Attorney at Law
Request for Review of Order Assesslng Costs
6-rQ-4L^^--)
(.
Euril-y *rr""o
enclosures
cc: Leland G. Riplgy
Senior Staff Attorney
!,Iashington State Bar Association
LEGAI. DEPARTilEilT
DIRECT LINE
(206) 622-6026
T"s\Ws
WesnrxcToN Srlre Ben Assocrerlox
SO5 MADISON gT., SEATTLE, WA.SHTNGTON 98I 04
ROBEFT T. FARNELL. STAFF ATTOENEYS
GENERAL COUNSEL ROBERT D. WELDEN
MEMORANDUM RHEA J. ROLFE
LELAND G. RIPI.EY ITIABK W. Ut EIISTER
SENIOR STAFF ATJORNEY DEBOFAH DOIYD .
4
In re
D
EMILY R. HANSEN, ORDER ASSESSING COSTS
AND EXPENSES
6
An Attorney at Law.
l0 on the respondent effective May 6, 1994, and the time for fil_
ll ing exceptions thereto pursuant to RLD 5.7(b) (2) having ex_
t2
pired, it is hereby ORDERED
13
Ftrat cost and expenses are assessed against respondent
L4
Enily R. Hansen in the amount of S530.00.
15 DATED this 2/ *t day of June, 1984.
l6
t7
1B -.rv8r€ v a va rperson
Disciplinary
I9
20
2L
.), |.,IA,ILED A CCIPY
23
24
25
26
€tn
ORDER ASSESSING
WasgrNcroN Srars Ban AssocrATroN
COSTS AND EXPENSES
505 Madison Street
Page 1 of 1 Searrr, WesnrNcroN 98104
(206) 622-6026
RqP 2m4
Talleyrand Building
American Embassy Paris
W.S.B.A. APO New York 09777
Disciplinary Board
Washington State Bar Associ-ation
505 Madison Street
Seattle, WA 98104
6",E-+t,-*J
Emily R. Hansen
enelosures
cc: Leland G. Riplgy
Senior Staff Attorney
Washi-ngtonState Bar Association
BEFORE THE DISCIPLINARY BOARD
OF TIIE WASHINGTON STATE BAR ASSOCIATION
In re
EMILY R. IIANSEN, RESPONDENTI S REQUEST FOR
REVIEW OF ORDER ASSESSING
An Attorney at Law. COSTS AND EXPENSES
LY M HANSEN
Respondent Attorney
Talleyrand Building
American Embassy Paris
APO New York 09777
In re
EMILY R. HAI{SEN, RESPONDENT'S EXCEPTIONS TO STATEMENT
OF COSTS A}ID E)PENSES
An Attorney at Law.
COI'IES IIOW the Respondent Attorney, EMILY R. IIANSEN, and, pursuant to RLD
s.7 (e) .
3. Bar CounseL has failed to timel-y fiLe his Statement of Costs and Expenses,
pursuant to RLD 5.7(d):
. when a decision of the Board imposing a sanction is
served on the respondenE lawyer after Board review, the Associa-
tion shal1 have 10 days in which to file a statement of costs arid
expenses irr thercffiee of the Association.
The declsion of the Board, entered in late February, 1984, hras served by mail
RESPONDENT'S EXCEPTIONS - 1
ln west Afrlca upon the Respondent Ln-early llarch, 1984. Bar counser failed to
fl"le the requtslte of Costs and Expenses wLth the AssocLatlon unttL
Statement
May 3, Lg$4,(recelved by Respondent on May 30,1984),
more than elxty days fol-
lowLng the service of the Board's declslon on Respondent,
well- beyond the rulers
ten day Llnlt' Therefore, no assessment of costs is available to the Assoctation.
the foregolng, the chairperson of the Board is respectfully urged
Based upon
LY R. EN
Respondent Attorney
RESPONDENT'S EXCEPTIONS _ 2
- ^
In re )
)
EMILY R. HANSEN, ) ORDER MODIFYING ORDER
) ASSESSING COSTS AND
An AttorneSr at Law. ) EXPENSES
)
An order having been entered on June 21, L984, assessing costs and
FACTS
B
1l
panel officer's recommendation. fhe Board recommended that
t2 respondent receive a letter of censure and an advisory letter
l3 for the violation found regarding count rv. on March 22, Lgg4,
L4
Ms- Hansen filed a Motion to Dismiss Count fV. ftris Motion was
yl
25
26
rr4
AI
)
a
6 State Bar
I
I
CHI?TIFiCATI OF' Sfi trljli.r*
I IAILED A COP'/
l0
1l
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I3
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15
L6
t7
IB
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20
2L
,C,
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24
25
26
itJ
ata
t
fifi Hffi fi I ;
Srare Ban AssoclArlo
i*3, ;l3I&Sfl,6"'oN
505 Madison Street
N
"#
STATEMENT OT COSTS A}ID SRffiEFffasHINcroN 98104
Page 3 of 3 (206\ 622-6026
3AL DCPARTTIEIIT ?w/y(
/RECT LINE
(206) 622-6026
Leland G. Riplelr
Senior Staff Attorney
LGR:cms
.AGAL DEPARTTIENT
DIRECT LINE
b
(206) 6AS026
Leland G. Ripley
Senior Staff Attorney
LGR: cms
Enclosure
Exhibit "E"