| 04/27/2011 | | GRANTED On consideration of the petition of Bar Counsel of and at the direction of the Board on Professional Responsibility (the Board), pursuant to D.C. Bar Rule XI, Sec 3 (c), for a temporary suspension of respondent, Wilfredo Pesante, a member of the Bar of the District of Columbia; Bar Counsel's verified motion before the Board, with attachments, requesting that the Board petition this court for an order temporarily suspending respondent; the Board's order directing Bar Counsel to file the petition supported by an affidavit showing that respondent appears to pose a substantial threat of serious harm to the public; the affidavit of the Senior Assistant Bar Counsel; respondent's motion for extension of time to answer order of temporary suspension, and Bar Counsel's motion for leave to file under seal Bar Counsel's lodged opposition, it is ORDERED that Bar Counsel's motion is granted and the Clerk is directed to file Bar Counsel's opposition under seal. It is FURTHER ORDERED that respondent's motion for extension of time to answer order for temporary suspension is denied. It is FURTHER ORDERED that the petition is granted and respondent Wilfredo Pesante is hereby temporarily suspended from the practice of law in the District of Columbia, effective immediately, on the ground that he appears to pose a substantial threat of serious harm to the public, based upon allegations of serious misconduct, including intentional or reckless misappropriation of client funds, dishonesty, conduct seriously interfering with the administration of justice, neglect, intentionally prejudicing clients, failure to communicate, failure to refund unearned fees and surrender client papers, and other ethical misconduct; and it is FURTHER ORDERED that respondent Wilfredo Pesante is required to disclose to the Board and Bar Counsel with ten (10) days of the date of this order the identity of all accounts where he maintains funds subject to Rule 1.15 (a) of the District of Columbia Rules of Professional Conduct (Rule 1.15); and it is FURTHER ORDERED that respondent Wilfredo Pesante's maintenance and use of such accounts is restricted to the extent that, effective immediately upon service of this order upon Wilfredo Pesante, and until further order of the court, he (1) shall comply fully with the requirements of Rule 1.15, and (2) shall disburse funds subject to the rule only with the prior approval and co-signature of such member of the Bar as the Board may designate to serve as financial monitor; and it is FURTHER ORDERED that Bar Counsel shall serve copies of this order upon respondent Wilfredo Pesante and upon each financial institution in which he is known or believed to maintain funds subject to Rule 1.15, such order to serve as an injunction barring each financial institution so served from making payments from the account on any obligation except with the prior approval and con-signature of the financial monitor referred to in the preceding paragraph of this order; and it is FURTHER ORDERED that the Office of Bar Counsel shall identify a financial monitor to the Board who is available and willing to serve in this matter; and it is FURTHER ORDERED that respondent Wilfredo Pesante shall comply fully with the provisions of D.C. Bar Rule XI, Sec 3 (c)(1), concerning (1) the acceptance of new cases and other legal matters, and (2) the deposit, in a trust account complying with the provisions of Rule 1.15, of any and all fees tendered at any time after service of this order upon him, and it is FURTHER ORDERED that respondent Wilfredo Pesante's attention is drawn to the requirements of D.C> Bar Rule XI, Sec 14, relating to suspended attorneys and to the provisions of Rule XI, Sec 16 (c), dealing with the timing of eligibility for reinstatement as related to compliance with Sec 14, including the filing of the required affidavit. (RD,NW,TE) | |