People v. Rishel

50 P.3d 938 (2002)

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People v. Rishel

Colorado Office of the Presiding Disciplinary Judge
50 P.3d 938 (2002)

Facts

Attorney John B. Rishel, III (defendant) was a member of the Colorado bar. Rishel participated in a ticket-buying pool with other fans of the Colorado Rockies (Rockies). In January 2000, Rishel asked Joanne Baum-McCarthy and her husband (the McCarthys), who were members of the pool, to pay him $1,176 by cashier’s check for their tickets for the 2000 season. In prior years, the McCarthys had paid Rishel by personal check. Rishel cashed the McCarthys’ check but did not provide them with their tickets, and he ignored their inquiries after the Rockies advised them that Rishel never bought the tickets. Thomas M. Dunn, another pool member, had a similar experience with Rishel. In late 1998 and early 1999, Dunn paid Rishel $1,105.76 for a share of Rockies’ tickets, but Dunn never received the tickets. Instead, Rishel gave Dunn’s tickets to someone else and did not respond to Dunn’s inquiries. In June 2000, Rishel filed for personal bankruptcy. Rishel’s filing revealed that he had spent the money he received from the McCarthys and Dunn (victims). The State of Colorado (plaintiff) initiated disciplinary proceedings against Richel for professional misconduct for, among other things, (1) engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation by misappropriation or (2) committing a criminal act reflecting adversely on a lawyer’s honesty, trustworthiness, or fitness as a lawyer via theft. Rishel argued that he did not commit misappropriation or theft because he did not intend to deprive the victims of their money permanently.

Rule of Law

Issue

Holding and Reasoning (Keithley, J.)

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