Case Number(s): 09-O-10039; 10-O-5069 [MATTERS NOT FILED]
In the Matter of: George M. Halimi, Bar # 170074, A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Wonder J. Liang, Deputy Trial Counsel
180 Howard Street
San Francisco, California 94105
(415) 538-2372
Bar #184357
Counsel for Respondent: In Pro Per Respondent
George M. Halimi
! 875 Century Park East, #600
Los Angeles, California 90067
(310) 553-5562
Bar # 170074
Submitted to: Settlement Judge – State Bar Court Clerk’s Office Los Angeles.
Filed: March 17, 2011.
<<not>> checked. PREVIOUS STIPULATION REJECTED
Note: All information required by this form and any additional information which cannot be provided in the space provided, must be set forth in an attachment to this stipulation under specific headings, e.g., "Facts," "Dismissals," "Conclusions of Law," "Supporting Authority," etc.
1. Respondent is a member of the State Bar of California, admitted April 26,1994 .
2. The parties agree to be bound by the factual stipulations contained herein even if conclusions of law or disposition are rejected or changed by the Supreme Court.
3. All investigations or proceedings listed by case number in the caption of this stipulation are entirely resolved by this stipulation and are deemed consolidated. Dismissed charge(s)/count(s) are listed under "Dismissals." The stipulation consists of 14 pages, not including the order.
4. A statement of acts or omissions acknowledged by Respondent as cause or causes for discipline is included under "Facts."
5. Conclusions of law, drawn from and specifically referring to the facts are also included under "Conclusions of Law".
6. The parties must include supporting authority for the recommended level of discipline under the heading "Supporting Authority."
7. No more than 30 days prior to the filing of this stipulation, Respondent has been advised in writing of any pending investigation/proceeding not resolved by this stipulation, except for criminal investigations.
8. Payment of Disciplinary Costs-Respondent acknowledges the provisions of Bus. & Prof. Code §§6086.10 & 6140.7. (Check one option only):
<<not>> checked. Costs are added to membership fee for calendar year following effective date of discipline.
checked. Costs are to be paid in equal amounts prior to February 1 for the following membership years: 2012 and 2013. (Hardship, special circumstances or other good cause per rule 5.132, Rules of Procedure.) If Respondent fails to pay any installment as described above, or as may be modified by the State Bar Court, the remaining balance is due and payable immediately.
<<not>> checked. Costs are waived in part as set forth in a separate attachment entitled "Partial Waiver of Costs".
<<not>> checked. Costs are entirely waived.
Case Number(s): 09-O-10039 & 10-O-5069 [MATTERS NOT FILED]
In the Matter of: GEORGE M. HALIMI, SBN 170074
a. Restitution
checked. Respondent must pay restitution (including the principal amount, plus interest of 10% per annum) to the payee(s) listed below. If the Client Security Fund (“CSF”) has reimbursed one or more of the payee(s) for all or any portion of the principal amount(s) listed below, Respondent must also pay restitution to CSF in the amount(s) paid, plus applicable interest and costs.
1. Payee: Raul Berrios
Principal Amount: $50,000
Interest Accrues From: April 30, 2009
2. Payee: **
Principal Amount: **
Interest Accrues From: **
3. Payee: **
Principal Amount: **
Interest Accrues From: **
4. Payee: **
Principal Amount: **
Interest Accrues From: **
checked. Respondent must pay above-referenced restitution and provide satisfactory proof of payment to the Office of Probation not later than two and a half (2.5) years following the effective date of the Supreme court order.
checked. Respondent must pay the above-referenced restitution on the payment schedule set forth below. Respondent must provide satisfactory proof of payment to the Office of Probation with each quarterly probation report, or as otherwise directed by the Office of Probation. No later than 30 days prior to the expiration of the period of probation (or period of reproval), Respondent must make any necessary final payment(s) in order to complete the payment of restitution, including interest, in full.
1. Payee/CSF (as applicable) Raul Berrios
Minimum Payment Amount $1,512.46 - *See Amortization Schedule, pages 12 &13
Payment Frequency Monthly
2. Payee/CSF (as applicable) **
Minimum Payment Amount**
Payment Frequency**
3. Payee/CSF (as applicable) **
Minimum Payment Amount **
Payment Frequency **
4. Payee/CSF (as applicable) **
Minimum Payment Amount **
Payment Frequency **
checked. If Respondent fails to pay any installment as described above, or as may be modified by the State Bar Court, the remaining balance is due and payable immediately.
<<not>> checked.
1. If Respondent possesses client funds at any time during the period covered by a required quarterly report, Respondent must file with each required report a certificate from Respondent and/or a certified public accountant or other financial professional approved by the Office of Probation, certifying that:
a. Respondent has maintained a bank account in a bank authorized to do business in the State of California, at a branch located within the State of California, and that such account is designated as a “Trust Account” or “Clients’ Funds Account”;
b. Respondent has kept and maintained the following:
i. A written ledger for each client on whose behalf funds are held that sets forth:
1. the name of such client;
2. the date, amount and source of all funds received on behalf of such client;
3. the date, amount, payee and purpose of each disbursement made on behalf of such client; and,
4. the current balance for such client.
ii. a written journal for each client trust fund account that sets forth:
1. the name of such account;
2. the date, amount and client affected by each debit and credit; and,
3. the current balance in such account.
iii. all bank statements and cancelled checks for each client trust account; and,
iv. each monthly reconciliation (balancing) of (i), (ii), and (iii), above, and if there are any differences between the monthly total balances reflected in (i), (ii), and (iii), above, the reasons for the differences.
c. Respondent has maintained a written journal of securities or other properties held for clients that specifies:
i. each item of security and property held;
ii. the person on whose behalf the security or property is held;
iii. the date of receipt of the security or property;
iv. the date of distribution of the security or property; and,
v. the person to whom the security or property was distributed.
2. If Respondent does not possess any client funds, property or securities during the entire period covered by a report, Respondent must so state under penalty of perjury in the report filed with the Office of Probation for that reporting period. In this circumstance, Respondent need not file the accountant’s certificate described above.
3. The requirements of this condition are in addition to those set forth in rule 4-100, Rules of Professional Conduct.
<<not>> checked. Within one (1) year of the effective date of the discipline herein, Respondent must supply to the Office of Probation satisfactory proof of attendance at a session of the Ethics School Client Trust Accounting School, within the same period of time, and passage of the test given at the end of that session.
IN THE MATTER OF: GEORGE M. HALIMI, State Bar No. SBN 170074
STATE BAR COURT CASE NUMBER: 09-O-10039 & 10-O-4069 [MATTERS NOT FILED]
FACTS AND CONCLUSIONS OF LAW.
Respondent admits that the following facts are true and that he is culpable of violations of the specified
statutes and/or Rules of Professional Conduct.
Case No. 09-O-10039 (Complainant: Joseph and Cathy Levy,)
FACTS:
1. Prior to July 2004, Joseph Levy ("Levy") entered into a reverse mortgage on his property in
Culver City, California, in which he received $1,000 per month from the mortgage company.
2. On or about July 30, 2004, Nick Johnson ("Johnson") offered to refinance Levy’s property
by offering Levy an unsecured promissory note in the amount of $350,000 and, based on the note, to pay Levy $1,500 per month to which Levy agreed. Upon Levy’s death, the note would be forgiven.
3. On or about March 16, 2005, Cathy Levy ("C. Levy") and her father Levy contacted
respondent regarding Levy having been defrauded of his residential property in Culver City by Johnson.
4. On or about March 21, 2005, Levy and respondent executed an Attorney/Client Retainer
Agreement.
5. On or about August 2, 2005, respondent offered and took over paying Levy $1000 per
month in lieu of Levy accepting Johnson’s monthly payments.
6. Thereafter, respondent made the following payments to Levy:
July 7, 2005 - $1000
July 26, 2005 - $500
August 2, 2005 - $1,000
August 27, 2005 - $200
August 29, 2005 - $100
September 3, 2005 - $1000
October 2, 2005 - $1000
October 28, 2005 - $1000
December 4, 2005, $1000
December 22, 2005, $240
January 3, 2006, $1000
Total: $8040
7. On or about March 27, 2006, respondent prepared and Levy signed a document entitled,
Certificate of Authority And Instruction, addressed to Johnson instructing Johnson to "pay
[respondent] the sum of $7,140.00 from the monthly payments to be paid to" Levy.
8. On or about May 2006, the Levys and Johnson, with counsel, executed a Mutual General
Release And Settlement Agreement.
9. Thereafter, Johnson did not pay respondent the $7,140.00.
10. On or about September 27, 2006, respondent filed a lawsuit in Small Claims Court against
Levy (Los Angeles Superior Court no. 06A01735) for "advances made by plaintiff to defendant while representing defendant in a lawsuit as the attorney of record, and out of pocket litigation costs."
11. In truth and in fact, respondent was attempting to collect the monthly payments he made to
Levy. The $7,140 paid was not for representing Levy "in a lawsuit as the attorney of record, and out of pocket litigation costs."
CONCLUSIONS OF LAW:
12. By misstating that the entire sum of $7,140.00 as advances made by him to Levy while
representing Levy and for out of pocket litigation costs, respondent employed means which are
inconsistent with truth in violation of section 6068(d) of the Business and Professions Code.
Case No. 10-O-5069 (Complainant: Raul Berrios)
FACTS:
13. In or around 2006, respondent represented Raul Berrios ("Berrios") in a civil litigation
matter.
14. On or about January 3, 2007, Raul Berrios ("Berrios") received his portion of the civil
settlement in the amount of $70,000.
15. On or about March 21, 2007, Berrios contacted respondent to discuss a safe investment for
his $50,000 portion of the settlement funds. Respondent told Berrios that he would be interested in borrowing the money for two years and pay Berrios 10% interest with the principal being paid on April 30, 2009.
16. On or about March 23, 2007, respondent sent a letter to Berrios enclosing a copy of the
promissory note.
17. On or about March 26, 2007, Berrios purchased a Cashiers’ Check in the amount of $50,000
payable to respondent.
18. On or about March 27, 2007, respondent sent Berrios a letter enclosing the original signed
promissory note.
19. Prior to the execution of the promissory note, respondent did not advise in writing that the
$50,000 promissory note was an unsecured promissory note, and the risks inherent in an unsecured note. The risk of the unsecured note was not fair and reasonable to Berrios.
20. Prior to the execution of the promissory note, Berrios was not advised in writing that he may
seek the advice of an independent lawyer of his choice.
21. Berrios was not given a reasonable opportunity to seek advice from an independent lawyer of
his choosing.
22. From in or around April 2007 through in or around March 2009, respondent made monthly
interest payments of $416.67 to Berrios.
23. In or around April 2009, when the principal amount was due, respondent contacted Berrios.
Although he expected a lump-sum payment of the principal, Berrios agreed to respondent’s suggestion to have respondent continue to make monthly interest payments.
24. Respondent and Berrios did not sign a new promissory note or enter to into any new written
agreement following in or around April 2009. Furthermore, if Berrios wanted money in an amount
greater than the $416.67 monthly interest payment, he would have to call respondent and give
respondent time to accumulate the funds.
25. In or around January 2010, Berrios requested respondent to pay the $50,000 to which
respondent informed Berrios that he did not have the money available since he reinvested it.
26. On or about March 1, 2010, respondent paid Berrios $1000 against the principal amount.
27. On or about April 30, 2010, respondent paid Berrios $2,000 against the principal amount.
28. On or about June 1, 2010, respondent paid Berrios $2,000 against the principal amount.
CONCLUSIONS OF LAW:
29. By borrowing $50,000 of Berrios’ settlement funds, by not advising Berrios that the
promissory note was an unsecured note and the risks inherent in a unsecured note; by not advising Berrios in writing that he may seek the advice of an independent lawyer of his choice and by not giving Berrios a reasonable opportunity to seek advice from an independent lawyer of his choosing, Respondent improperly entered into a business transaction with a client.
PENDING PROCEEDINGS.
The disclosure date referred to, on page 2, paragraph A(7), was February 11,2011.
AUTHORITIES SUPPORTING DISCIPLINE.
Standard 2.8 provides that culpability of a member of a wilful violation of rule 3-300, Rules of
Professional Conduct, shall result in suspension unless the extent of the member’s misconduct and the harm to the client are minimal, in which case, the degree of discipline shall be reproval.
COSTS OF DISCIPLINARY PROCEEDINGS.
Respondent acknowledges that the Office of the Chief Trial Counsel has informed respondent that as of February 11,2011, the prosecution costs in this matter are $3,689.00. Respondent further acknowledges that should this stipulation be rejected or should relief from the stipulation be granted, the costs in this matter may increase due to the cost of further proceedings.
AMORTIZATION SCHEDULE:
Respondent has provided satisfactory proof of principal payments amounting to $10,000 and
corresponding interest payments up to January 2011.
The amortization schedule on page 13 is based on the following:
Remaining principal: $40,000
Payments per year: 12
Annual interest rate: 10%
No. of payments: 30
Respondent’s first monthly payment for February 2011 according to the schedule is in the amount of $1,512.46 ($1,179.13 in Principal and $333.33 in interest).
AMORITATION SCHEDULE
Pmt: 1, Principal: 1,179.13, Interest: 333.33, Cum Prin: 1,179.13, Cum Int: 333.33, Prin Bal 38,820.87;
Pmt: 2, Principal: 1,188.95, Interest: 323.51, Cum Prin: 2,368.08, Cum Int: 656.84, Prin Bal 37,631.92;
Pmt: 3, Principal: 1,198.86, Interest: 313.60, Cum Prin: 3,566.94, Cum Int: 970.44, Prin Bal 36,433.06;
Pmt: 4, Principal: 1,208.85, Interest: 303.61, Cum Prin: 4,775.79, Cum Int: 1,274.05, Prin Bal 35,224.21;
Pmt: 5, Principal: 1,218.92, Interest: 293.54, Cum Prin: 5,994.71, Cum Int: 1,567.59 Prin Bal 34,005.29;
Pmt: 6, Principal: 1,229.08, Interest: 283.38, Cum Prin: 7,223.79, Cum Int: 1,850.97, Prin Bal 32,776.21;
Pmt: 7, Principal: 1,239.32, Interest: 273.14, Cum Prin: 8,463.11, Cum Int: 2,124.11, Prin Bal 31,536.89;
Pmt: 8, Principal: 1,249.65, Interest: 262.81, Cum Prin: 9,712.76, Cum Int: 2,386.92, Prin Bal 30,287.24;
Pmt: 9, Principal: 1,260.07, Interest: 252.39, Cum Prin: 10,972.83, Cum Int: 2,639.31, Prin Bal 29,027.17;
Pmt: 10, Principal: 1,270.57, Interest: 241.89, Cum Prin: 12,243.40, Cum Int: 2,881.20, Prin Bal 27,756.60;
Pmt: 11, Principal: 1,281.15, Interest: 231.31, Cum Prin: 13,524.55, Cum Int: 3,112.51, Prin Bal 26,475.45;
Pmt: 12, Principal: 1,291.83, Interest: 220.63, Cum Prin: 14,816.38, Cum Int: 3,333.14, Prin Bal 25,183.62;
Pmt: 13, Principal: 1,302.60, Interest: 209.86, Cum Prin: 16,118.98, Cum Int: 3,543.00, Prin Bal 23,881.02;
Pmt: 14, Principal: 1,313.45, Interest: 199.01, Cum Prin: 17,432.43, Cum Int: 3,742.01, Prin Bal 22,567.57;
Pmt: 15, Principal: 1,324.40, Interest: 188.06, Cum Prin: 18,756.83, Cum Int: 3,930.07, Prin Bal 21,243.17;
Pmt: 16, Principal: 1,335.43, Interest: 177.03, Cum Prin: 20,092.26, Cum Int: 4,107.10, Prin Bal 19,907.74;
Pmt: 17, Principal: 1,346.56, Interest: 165.90, Cum Prin: 21,438.82, Cum Int: 4,273.00, Prin Bal 18,561.18;
Pmt: 18, Principal: 1,357.78, Interest: 154.68, Cum Prin: 22,798.60, Cum Int: 4,427.68, Prin Bal 17,203.40;
Pmt: 19, Principal: 1,369.10, Interest: 143.36, Cum Prin: 24,165.70, Cum Int: 4,571.04, Prin Bal 15,834.30;
Pmt: 20, Principal: 1,380.51, Interest: 131.95, Cum Prin: 25,546.21, Cum Int: 4,702.99, Prin Bal 14,453.79;
Pmt: 21, Principal: 1,392.01, Interest: 120.45, Cum Prin: 26,938.22, Cum Int: 4,823.44, Prin Bal 13,061.78;
Pmt: 22, Principal: 1,403.61, Interest: 108.85, Cum Prin: 28,341.83, Cum Int: 4,932.29, Prin Bal 11,658.17;
Pmt: 23, Principal: 1,415.31, Interest: 97.15, Cum Prin: 29,757.14, Cum Int: 5,029.44, Prin Bal 10,242.86;
Pmt: 24, Principal: 1,427.10, Interest: 85.36, Cum Prin: 31,184.24, Cum Int: 5,114.80, Prin Bal 8,815.76;
Pmt: 25, Principal: 1,439.00, Interest: 73.46, Cum Prin: 32,623.24, Cum Int: 5,188.26, Prin Bal 7,376.76;
Pmt: 26, Principal: 1,450.99, Interest: 61.47, Cum Prin: 34,074.23, Cum Int: 5,249.73, Prin Bal 5,925.77;
Pmt: 27, Principal: 1,463.08, Interest: 49.38, Cum Prin: 35,537.31, Cum Int: 5,299.11, Prin Bal 4,462.69;
Pmt: 25, Principal: 1,439.00, Interest: 73.46, Cum Prin: 32,623.24, Cum Int: 5,188.26, Prin Bal 7,376.76;
Pmt: 26, Principal: 1,450.99, Interest: 61.47, Cum Prin: 34,074.23, Cum Int: 5,249.73, Prin Bal 5,925.77;
Pmt: 27, Principal: 1,463.08, Interest: 49.38, Cum Prin: 35,537.31, Cum Int: 5,299.11, Prin Bal 4,462.69;
Pmt: 28, Principal: 1,475.27, Interest: 37.19, Cum Prin: 37,012.58, Cum Int: 5,336.30, Prin Bal 2,987.42;
Pmt: 29, Principal: 1,487.56, Interest: 24.90, Cum Prin: 38,500.14, Cum Int: 5,361.20, Prin Bal 1,499.86;
Pmt: 30, Principal: * 1,499.86, Interest: 12.50, Cum Prin: 40,000.00, Cum Int: 5,373.70, Prin Bal 0.00; * The final payment has been adjusted to account for payments having been rounded to the nearest cent.
Case Number(s): 09-O-10039 & 10-O-5069 [MATTERS NOT FILED]
In the Matter of: GEORGE M. HALIMI -SBN 170074
By their signatures below, the parties and their counsel, as applicable, signify their agreement with each of the recitation and each of the terms and conditions of this Stipulation Re Facts, Conclusions of Law and Disposition.
Signed by:
Respondent: GEORGE M. HALIMI
Date: 05/25/2011
Respondent’s Counsel: N/A
Date:
Deputy Trial Counsel: Wonder J. Liang
Date: 02/28/11
Case Number(s): 09-O-10039 & 10-O-5069 [MATTERS NOT FILED]
In the Matter of: GEORGE M. HALIMI ; SBN 170074
Finding the stipulation to be fair to the parties and that it adequately protects the public, IT IS ORDERED that the requested dismissal of counts/charges, if any, is GRANTED without prejudice, and:
checked. The stipulated facts and disposition are APPROVED and the DISCIPLINE RECOMMENDED to the Supreme Court.
<<not>> checked. The stipulated facts and disposition are APPROVED AS MODIFIED as set forth below, and the DISCIPLINE IS RECOMMENDED to the Supreme Court.
checked. All Hearing dates are vacated.
The parties are bound by the stipulation as approved unless: 1) a motion to withdraw or modify the stipulation, filed within 15 days after service of this order, is granted; or 2) this court modifies or further modifies the approved stipulation. (See rule 5.58 (E) & (F), Rules of Procedure.) The effective date of this disposition is the effective date of the Supreme Court order herein, normally 30 days after the file date. (See rule 9.18(a), California Rules of Court.)
Signed by:
Judge of the State Bar Court: Richard A. Horn
Date: 03-16-2011
[Rules Proc. of State Bar; Rule 5.27(B); Code Civ. Proc., § 1013a(4)]
I am a Case Administrator of the State Bar Court of California. I am over the age of eighteen and not a party to the within proceeding. Pursuant to standard court practice, in the City and
County of Los Angeles, on March 17, 2001, I deposited a true copy of the following document(s):
STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND ORDER APPROVING
in a sealed envelope for collection and mailing on that date as follows:
checked. by first-class mail, with postage thereon fully prepaid, through the United States Postal Service at Los Angeles, California, addressed as follows:
GEORGE M HALIMI ESQ
1875 CENTURY PARK E #600
LOS ANGELES, CA 90067
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
Wo’nder J. Liang, Enforcement, San Francisco
I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on March 17, 2011.
Signed by:
Julieta E. Gonzales
Case Administrator
State Bar Court