In re Kazanas

96 S.W.3d 803, 2003 Mo. LEXIS 1, 2003 WL 115253
CourtSupreme Court of Missouri
DecidedJanuary 14, 2003
DocketNo. SC 83033
StatusPublished
Cited by14 cases

This text of 96 S.W.3d 803 (In re Kazanas) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Kazanas, 96 S.W.3d 803, 2003 Mo. LEXIS 1, 2003 WL 115253 (Mo. 2003).

Opinion

William Ray PRICE, Jr., Judge.

I.

On August 4, 2000, pursuant to a plea agreement, Daniel J. Razanas was found guilty of filing a false federal tax return in violation of 26 U.S.C. § 7206(1) (2001).1 This crime is a felony. As part of his plea agreement, Mr. Razanas promised to surrender his law license. On October 2, 2000, Mr. Razanas deposited his law license in this Court. On January 18, 2001, Mr. Razanas filed an application for voluntary surrender of license pursuant to Rule 5.25 2 with this Court. In the application, Mr. Razanas recited that neither his attorney nor the assistant United States Attorney handling his case “anticipated or intended that Respondent would be unable for a period of five years [to] be eligible to apply for reinstatement or that he would only be eligible for reinstatement if he applied for, was allowed to take, and successfully passed the Missouri Bar Exam.” Respondent admitted in his application for surrender that “he has violated Rule 4-8.4(b) and (c) of the Missouri Rules of Professional Conduct by his violation of section 7206(1), which adversely reflects upon his honesty in the handling of his 1996 personal income taxes.” Mr. Raza-nas sought to have his license suspended [805]*805rather than suffer disbarment. This Court refused to accept Mr. Razanas’ voluntary surrender under these circumstances pursuant to Rule 5.25.

Respondent’s conviction under 26 U.S.C. § 7206(1) (2001) and his violation of Rule 4-8.4(b), (c), and (d) warrant disbarment.

II. Factual Background

In a disciplinary proceeding, the disciplinary hearing panel’s “findings, conclusions, and recommendations are advisory in nature. This Court reviews the evidence de novo, determines independently the credibility, weight, and value of the testimony of the witnesses, and draws its own conclusions of law.” In re Oberhellmann, 873 S.W.2d 851, 852 (Mo. banc 1994). In attorney disciplinary proceedings, the truth of the allegations must be established by a preponderance of the evidence. In re Howard, 912 S.W.2d 61, 63 (Mo. banc 1995). “The purpose of attorney discipline is to protect the public and maintain the integrity of the legal profession.” In re Caranchini, 956 S.W.2d 910, 918-919 (Mo. banc 1997). The Court finds the following facts:

Dan Razanas worked his way through both college and law school. Mr. Razanas was licensed to practice law in Missouri in 1983. Shortly thereafter, Mr. Razanas joined the firm of Rlutho, Cody & Rilo, P.C. A three-person executive committee consisting of the named partners managed all aspects of the firm, including hiring, termination, bonuses and opportunities for shareholder status. The firm did not recognize individual “ownership” of clients— all clients were “firm clients.” All attorneys’ fees collected from clients belonged to the firm and the firm maintained a proprietary interest in the work performed by firm attorneys on behalf of firm clients.

In 1994, after ten years as an associate with the firm, Mr. Razanas requested a meeting with John Rilo to discuss his compensation and future with the firm. At the meeting, Mr. Rilo told Mr. Razanas that he would become a shareholder in the firm and that Mr. Rilo would confer with the other members of the executive committee concerning Mr. Razanas’ salary. There is a dispute as to other topics of discussion at the meeting. Mr. Razanas contends that Mr. Rilo promised him thirty percent of the fees collected from clients Mr. Razanas brought to the firm. Mr. Rilo denies any agreement to divide fees.

Following the meeting, Mr. Razanas became a shareholder of the firm and received a salary increase. In addition, Mr. Rilo made a series of personal loans to Mr. Razanas to help him with his financial situation. However, Rlutho, Cody <& Rilo refused to pay respondent thirty percent of “his” attorney’s fees. Frustrated, Mr. Razanas told Mr. Rilo, “Well, I’ve been honoring the agreement. I’m going to continue to honor the agreement, and I’m going to enforce the agreement.”

Between 1994 and 1996, Mr. Razanas misappropriated at least $169,172.17 in fees from Rlutho, Cody & Rilo. He deposited twenty-four checks, totaling $63,644.44, made payable to the law firm into his own account. He altered a Rlutho, Cody & Rilo address stamp by covering the address portion to make it appear to be a bank deposit stamp. He then forged John Rilo’s signature on the back of each check, signed his own name to each check and deposited the checks into his personal bank account.

Mr. Razanas also misappropriated an additional thirty-eight checks, totaling $105,527.73. These checks were made payable to respondent personally. Each check represented payment by Rlutho, Cody & Rilo clients for hours worked by firm attorneys, including Mr. Razanas. In [806]*806some cases, respondent specifically requested the clients to make checks payable to him personally instead of to the firm. Mr. Razanas deposited these checks into either his personal checking account or the account of the firm he joined after leaving Klutho, Cody & Kilo. In at least one instance, Mr. Razanas misappropriated attorneys’ fees from Klutho, Cody & Kilo by bartering with a client for personal services in exchange for payment of the firm invoice.

In January 1997, Mr. Razanas left Klu-tho, Cody & Kilo. In 1998, a Klutho, Cody & Kilo client told Vic Klutho that Mr. Razanas had directed the client to make a check for attorneys’ fees payable to Mr. Razanas personally. Based upon this information, the firm began an internal investigation of the manner in which Mr. Razanas handled firm clients and firm fees. The firm also notified the United States Attorney’s Office of Mr. Razanas’ conduct.

The United States Attorney’s Office, along with the Federal Bureau of Investigation, conducted an investigation of Mr. Razanas’ conduct. This investigation resulted in a nine-count indictment against Mr. Razanas. Counts I through VII charged that Mr. Razanas defrauded and embezzled $150,000 from Klutho, Cody & Kilo. Counts VIII and IX alleged that Mr. Razanas willfully filed tax returns that he knew to be untrue by underreporting income to the Internal Revenue Service.

Mr. Razanas ultimately reached a plea agreement with the government. In exchange for his plea of guilty to Count IX, the government agreed to dismiss the other eight counts. The elements of Count IX include the falsity of the tax form, that Mr. Razanas knowingly put materially false information in the form and that he acted willfully. By signing the stipulation, Mr. Razanas acknowledged that he understood the elements of the crime and admitted committing them. As part of the plea, Mr. Razanas agreed to cooperate with the IRS in resolving his tax liability, to give Travelers Property Casualty — Klutho, Cody & Kilo’s bonding company — a consent judgment and settlement agreement in the amount of $164,374.04, to repay in full the loans made by Mr. and Mrs.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re: Todd N. Agron
Supreme Court of Missouri, 2024
In re: Dan K. Purdy
Supreme Court of Missouri, 2023
In re: Philip E. Prewitt
Supreme Court of Missouri, 2023
In re: Lorenzo Antoine Hester
Supreme Court of Missouri, 2022
In re: Eric F. Kayira
Supreme Court of Missouri, 2021
In Re: R. Scott Gardner
565 S.W.3d 670 (Supreme Court of Missouri, 2019)
In re: Sanford P. Krigel
480 S.W.3d 294 (Supreme Court of Missouri, 2016)
In re: Nathan J. Forck
Supreme Court of Missouri, 2014
In re Forck
418 S.W.3d 437 (Supreme Court of Missouri, 2014)
In re Hess
406 S.W.3d 37 (Supreme Court of Missouri, 2013)
In Re Stewart
342 S.W.3d 307 (Supreme Court of Missouri, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
96 S.W.3d 803, 2003 Mo. LEXIS 1, 2003 WL 115253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kazanas-mo-2003.