Discipline Summaries

Summaries from the California Bar Journal are based on discipline orders but are not the official records. Not all discipline actions have associated CBJ summaries. Copies of official licensee discipline records are available upon request.

December 20, 2002

ELLIOTT LEONARD AHERONI [#47377], 58, of Encino was disbarred Dec. 20, 2002, and ordered to comply with rule 955.

Aheroni misappropriated $58,454.80 in client funds and other misconduct included failing to maintain client funds in a trust account, pay out client funds or notify a client of receipt of funds, commingling personal and client funds and committing acts of moral turpitude. His misconduct involved three client matters.

Aheroni received a settlement check for $30,000 on behalf of several clients, deposited the check in his trust account, but after distributing some of the funds, allowed the balance in the account to fall below the required amount. He also wrote at least seven checks against insufficient funds in the account and 20 checks for personal and business expenses. He never paid the clients the total amount they were due, misappropriating at least $11,924 of their money.

In a second matter, he settled a personal injury case in 1995 for $15,000. In addition, he settled a subsequent disability insurance claim for the same client for another $25,000 in 1999. Without his client's consent, he signed the check and deposited it in his trust account.

He did not respond to three requests from the client for a release of her funds. He eventually paid the client two months later.

He allowed the balance in the account to fall below the required amount, used the funds to pay himself, his clients and his office expenses, and misappropriated at least $16,631.90 from his client.

Aheroni substituted in to a malpractice action, which he settled for $45,000. He received a check for that amount and deposited it in his trust account but for the next five months told his client he had received no money.

The client had four medical bills. Aheroni paid one and paid a second with a cashier's check he obtained with funds in his business account. His first check had bounced. The client was unable to determine if two other medical bills were paid.

When he eventually wrote a check to his client for her share of the settlement, it bounced. Aheroni misappropriated $26,342 from that client.

Aheroni has multiple sclerosis, is a member of Debtors' Anonymous, suffers from depression and has done significant pro bono work.

In recommending Aheroni's disbarment, Judge Paul A. Bacigalupo said he empathized with him but was "gravely concerned about the magnitude of respondent's acts of misconduct. [He] intentionally stole over $58,000 from clients and knew his actions were wrong."

Aheroni also was criminally charged with five counts of grand theft embezzlement.