In the Matter of Gus Vincent Soto

315 Ga. 726

Opinion

315 Ga. 726 FINAL COPY

S23Y0438. IN THE MATTER OF GUS VINCENT SOTO.

PER CURIAM.

This disciplinary matter is before the Court on the Report and

Recommendation of the State Disciplinary Review Board addressing

a Notice of Reciprocal Discipline and an Amended Notice issued to

Respondent Gus Vincent Soto (State Bar No. 779589) pursuant to

Rule 9.4 of the Georgia Rules of Professional Conduct, see Bar Rule

4-102 (d). Soto failed to acknowledge service of the Notice or the

Amended Notice, which were mailed to him at the post office box

address on file with the State Bar’s membership department. See

Bar Rule 4-203.1 (a). The State Bar then properly served Soto by

publication pursuant to Bar Rule 4-203.1 (b) (3) (ii),1 but he has filed

no objection to the imposition of reciprocal discipline.

1 Bar Rule 4-203.1 (b) (3) (ii) provides, in part, that

when the respondent has only provided a post office box or commercial equivalent address . . . and the respondent has not The reciprocal discipline arose out of the Florida Supreme

Court’s temporary suspension of Soto’s Florida law license on April

20, 2022, based on his violations of numerous Florida Rules of

Professional Conduct by settling lawsuits on behalf of several clients

but failing to disburse the settlement proceeds correctly, and

repeatedly misleading the clients on the whereabouts of the funds.

In its petition for emergency suspension, the Florida Bar provided

evidence of Soto’s misconduct via affidavits from a staff auditor, who

opined that Soto handled his trust accounts “in a manner similar to

a Ponzi scheme” by misappropriating funds from multiple clients

(often for his personal use) and using funds from other clients’

settlements to make partial payments to clients whose funds were

previously misappropriated.

acknowledged service within 10 days of a mailing to respondent’s post office box or commercial equivalent address, service may be accomplished by publication once a week for two weeks in the legal organ of the county of respondent’s address, as shown on the records of the Membership Department of the State Bar of Georgia, and, contemporaneously with the publication, mailing a copy of the service documents by first class mail to respondent’s address . . . .

2 After the Notice of Reciprocal Discipline was filed in Georgia,

Soto filed a Petition for Disciplinary Revocation Without Leave to

Apply for Readmission in Florida, stating that he had no prior

discipline, listing his pending disciplinary cases, agreeing to pay

restitution to the clients involved in the pending disciplinary cases,

and requesting that his membership in the Florida Bar be revoked

without leave to seek readmission. On June 16, 2022, the Supreme

Court of Florida entered an order permanently revoking Soto’s

license to practice law. The Georgia Bar filed an Amended Notice of

Reciprocal Discipline on August 3, 2022, reflecting the fact that

Soto’s law license had been revoked in Florida.

In its Report and Recommendation, the Review Board

considered the facts and circumstances of Soto’s underlying

misconduct and the Florida disciplinary proceeding as described in

the Florida Bar’s petition for emergency suspension, and concluded

that Soto’s conduct as described therein would constitute a violation

of the Georgia Rules and could result in the imposition of

substantially similar discipline. The Review Board found no basis

3 for recommending anything other than substantially similar

discipline. See Rule 9.4 (b) (3) (i)-(vi). Thus, the Review Board

recommends that the Court disbar Soto, who has been a member of

the Florida Bar since 1984 and the Georgia Bar since 2012.

Neither Soto nor the State Bar has filed objections to the

Review Board’s Report and Recommendation. Having reviewed the

record, we agree with the Review Board that disbarment is the

appropriate sanction in this reciprocal discipline matter.

Accordingly, it is ordered that the name of Gus Vincent Soto be

removed from the rolls of persons authorized to practice law in the

State of Georgia. Soto is reminded of his duties pursuant to Bar Rule

4-219 (b).

Disbarred. All the Justices concur.

4 Decided February 21, 2023.

Disbarment.

Paula J. Frederick, General Counsel State Bar, William D.

NeSmith III, Deputy General Counsel State Bar, Jenny K.

Mittelman, Andreea N. Morrison, Assistant General State Bar, for

State Bar of Georgia.