Christopher David Wiest v. Kentucky Bar Association

• Court: Kentucky Supreme Court
• Decided: November 1, 2018
• Docket: 2018-SC-0537
• Status: Unpublished

Opinion

TO BE PUBLISHED

2018-SC-000537-KB

CHRISTOPHER DAVID WIEST MOVANT

V. IN SUPREME COURT

KENTUCKY BAR ASSOCIATION RESPONDENT

OPINION AND ORDER

This matter is before the Court upon review of the application of attorney

Christopher David Wiest for reinstatement to the practice of law pursuant to

Supreme Court Rule (SCR) 3.510(3). The Kentucky Bar Association (KBA)

Board of Governors (Board), unanimously recommends approving Wiest’s

application. For the following reasons, we agree with the Board and therefore

approve Wiest’s application for reinstatement to the practice of law in the

Commonwealth of Kentucky.

Factual and Procedural Background

Wiest’s KBA member number is 90725 and his bar roster address is

9380 Montgomery Road, Ste. 202, Cincinnati, Ohio 45242. He was admitted to

practice law in the Commonwealth of Kentucky on May 2, 2005. On December 19, 2016, the Ohio Supreme Court suspended Wiest from

the practice of law in the State of Ohio for a period of two years with the second

year stayed on the condition that Wiest engage in no further misconduct. As

reciprocal discipline, this Court entered an opinion and order on April 27,

2017, suspending Wiest from the practice of law in the Commonwealth of

Kentucky for a period of two years with the second year stayed on the condition

that he engage in no further misconduct. KBA v. Christopher David Wiest, 514

S.W.3d 530 (Ky. 2017). This suspension was to run concurrently with the

suspension previously ordered by the Ohio Supreme Court. Id. Wiest was also

suspended from practice by the U.S. District Court for the Southern District of

Ohio, Eastern Division.

Analysis

Wiest’s suspensions in Ohio and Kentucky arise from unlawful securities

trading. More specifically, the Securities and Exchange Commission (SEC)

investigated Wiest after it was discovered that he bought and sold stock in a

company, InfoLogix, Inc., (hereafter “InfoLogix”), after being retained to perform

services for Stanley Works, later known as Stanley Black 85 Decker (hereinafter

“Stanley”). Wiest purchased the InfoLogix shares before Stanley publicly

announced the acquisition of InfoLogix. As a result, the SEC filed a cease and

desist order against Wiest on May 13, 2014. Wiest agreed to resolve the SEC

proceedings by paying disgorgement of $56,292.00, prejudgment interest in the

sum of $5,122.97, and civil penalties of $56,292.00 for a total payment of

$117,706.97 to the SEC. On January 19, 2018, the Ohio Supreme Court determined that Wiest

had substantially complied with the December 19, 2016 order of suspension

and reinstated him to the practice of law in the state of Ohio. After his

reinstatement by the Ohio Supreme Court, in January 2018, U.S. District

Court for the Southern District of Ohio also reinstated Wiest to the practice of

law.

During his suspension, Wiest has worked as a paralegal in multiple part-

time positions with supervision by licensed attorneys as permitted by SCR

3.130(5.7(c)). Pursuant to SCR 3.510(3), Wiest filed his Application for

Reinstatement to the KBA on September 29, 2017. To be clear, the charges

arising from the InfoLogix stock trading issue were the sole disciplinary

sanctions he received in Ohio or Kentucky.

The KBA Office of Bar Counsel has certified that there are no pending

disciplinary actions against Wiest as of September 25, 2017. The Character

and Fitness Committee of the KBA Office of Bar Admissions issued an

extensive report, ultimately recommending that Wiest’s application be

approved. On July 17, 2018, Bar Counsel filed a motion recommending that

the Board accept the recommendation of the Character and Fitness Committee.

Wiest has also completed his continuing legal education (CLE) credits, through

the education year ending June 30, 2019.

In August 2018, the Board—with two members recused and one

abstention—voted unanimously to reinstate Wiest to the practice of law in the

Commonwealth of Kentucky. Disposition

We agree with and accordingly accept the Board’s recommendation that

Christopher David Wiest’s Application for Reinstatement to the practice of law

be approved.

It is therefore ORDERED:

1. Christopher David Wiest’s Application for Reinstatement to the

Kentucky Bar Association is approved pursuant to SCR 3.510, subject to

paragraph 2 below.

2. Pursuant to SCR 3.510(1), Wiest is directed to pay all costs associated

with these disciplinary proceedings, in the amount of $549.88. If the KBA

costs exceed the posted bond, Wiest will pay for any additional costs. This

order of reinstatement is contingent upon payment of any outstanding bar

dues, CLE compliance, and payment of the costs in this action.