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Trust/Estate lawyer disbarred for false expense reports

At his disbarment hearing, former trusts and estates attorney Robert J. Pape claimed his severe ethical misconduct was a product of depression, in part from learning late in life that he was adopted. Read the full New York law Journal story, NYC T&E Partner Disbarred for Stealing $200k from Firm (June 28, 2006) by Anthony Lin.
   
Here are some excerpts:
   
A former Manhattan law firm partner who filed false expense reports for almost $200,000 to pay his yacht club membership and credit card bills has been disbarred.
   
“He showed a brilliance in the way he expanded the double dip system,” wrote the referee, Benjamin Altman. “[Pape’s] scheme created a host of different ways to defraud, i.e., billing two clients when neither was involved, billing a non-existent client, billing two different clients when no evidence of appointments were in any diary or calendar.”
   
In arguing against disbarment, Pape had claimed his actions had arisen partly from depression he suffered. Barbara Falanga, a social worker who treated Pape after he was suspended from the firm, testified at his disciplinary hearing that his learning relatively late in life that he was adopted was also a factor in his conduct.
   
But the referee dismissed Falanga’s testimony as having little value, noting that she was not a physician and, therefore, not qualified to diagnose Pape’s mental health, much less whether it had any bearing on his conduct.
   
* * * [T]he referee said the matter was a straightforward case of a lawyer intentionally converting client funds for personal use. Disbarment is required in almost all such cases.