Monday, December 21, 2015

The Ohio Supreme Court has accepted the resignation of an attorney convicted of criminal charges earlier this year.

Cleveland.com reported on the criminal case against the attorney

A Solon lawyer found guilty of impersonating a friend in order to double charge disabled Army veterans was sentenced to nine months in prison Wednesday by Common Pleas Judge Pamela Barker.

Gary Bakst, 60, pleaded guilty to charges of identity fraud and tampering with records in December of last year. He had been serving as the legal guardian to four disabled veterans, while also collecting legal fees from the four by impersonating a friend and fellow lawyer, Paul Silver.

Cuyahoga County Probate Court prohibits attorneys from collecting fees as both a legal guardian and lawyer to disabled veterans.

Several of Bakst's siblings, a colleague, and his ex-wife spoke at the sentencing to defend Bakst's normally good character.

Robin Tilley Bakst, who was his wife for six years, told the judge she was disappointed in her former husband's actions, but that he was a good parent and a supportive part of her life.

Emily Lynette, a colleague at the CVS where Bakst served as a pharmacist, asked the judge to keep in mind "all the good" he has done for the pharmacy and the community.

In his own defense, Bakst told the judge he was "absolutely sorry" and called his actions inexcusable. He said the case had caused dramatic changes to his life, including the potential loss of his law and pharmacy licenses, a divorce from his second wife, and the alienation of his friend, Paul Silver.

But Silver was also present to share his thoughts. The attorney choked up slightly as he recounted the friendship that started back in sixth grade over a shared music stand. He had served as best man in both of Bakst's weddings, and was known to his kids as "Uncle Paul," but insisted the friendship that had spanned four decades was over.

"How do I get my reputation back? How do I get my good name back? He has taken that away from me," he told the court.

Matthew Meyer, a Cuyahoga County assistant prosecutor and supervisor of the Public Corruption Unit, said Bakst knew he was acting improperly, but did it anyway, because he thought the law preventing double charging of disabled veterans was stupid.

"Cuyahoga County has seen an unfortunate trend of attorneys who think they are above the law," Meyer told the judge, urging her to set an example. He also noted that Bakst collected $15,300 in attorney fees he was not entitled to, though the exact amount was debated by Bakst's lawyers, who said it was closer to $11,960.

Judge Barker said the sentence was intended to deter others in a similar position from taking advantage of disabled veterans. Bakst was sentenced to nine months on both counts, but the two sentences will be served concurrently. He will also have to pay a fine of $5,000, plus court costs. His prison sentence will start on April 6.

He had filed a motion to either resign or retire from the Bar. (Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2015/12/the-ohio-supreme-court-has-accepted-the-resignation-of-an-attorney-clevelandcom-reported-on-the-criminal-case-against-the-a.html