On Friday, December 15, 2023, the Illinois Attorney Registration and Disciplinary Commission filed a complaint against attorney Wesley C. Zaba alleging that he engaged in misconduct by submitting falsified financial statements and audit reports to the Illinois Department of Financial and Professional Regulation (IDFPR).

The case is entitled “In the Matter of Wesley C. Zaba,” with case no. 2023PR00073.

The charges cited Illinois Rules of Professional Conduct 8.4(c) which states:

Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.

The Rules of Professional Conduct can be found here.

According to the complaint, Zaba incorporated Stonewall Mortgage Corporation in 2015 and served as its president and sole owner. Stonewall Mortgage was required to submit audited financial statements to IDFPR, and Zaba allegedly submitted false statements for the years 2019, 2020, and 2021, representing that they had been prepared by an accounting firm named KPW.

The complaint states that Zaba also submitted unaudited financial statements for Stonewall Mortgage for the years 2017, 2018, and 2019, falsely claiming that they had been prepared by an accountant named JH. The complaint alleges that Zaba knew that JH had not prepared the financial statements and that he had no involvement in preparing any submission for Stonewall Mortgage.

The complaint alleges that Zaba’s conduct violates the Illinois Rules of Professional Conduct, which states that a lawyer shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.

The IDFPR initiated an investigation into Zaba’s conduct in June 2022, and in January 2023, Zaba and Stonewall Mortgage entered into a consent decree with the IDFPR. As part of the consent decree, Stonewall Mortgage agreed to pay a fine of $5,000, and Zaba agreed never to apply for another Illinois residential mortgage license or to hold ownership or be a control person for another Illinois residential mortgage license.

The complaint is requesting that the matter be referred to a panel of the Illinois Attorney Registration and Disciplinary Commission for further investigation and hearing. If found guilty, Zaba faces possible disciplinary action, including suspension or revocation of his law license.

The complaint states:

“WHEREFORE, the Administrator requests that this matter be referred to a panel of the Hearing Board of the Commission, that a hearing be conducted, and that the Hearing Panel make findings of fact, conclusions of fact and law, and a recommendation for such discipline as is warranted.”

According to avvo.com, Mr. Zaba is a real estate attorney in Downers Grove, Illinois. He attended the Loyola University Chicago School of Law, graduating in 2007. He acquired his law license in Illinois in 2010.

A copy of the original filing can be found here.