On Wednesday, June 7, 2023, the Supreme Court of New Jersey disbarred attorney Matthew D. Rasmussen for his recordkeeping deficiencies.

The case is entitled “In the Matter of Matthew D. Rasmussen,” with case no. 087970.

The charges cited New Jersey Rules of Professional Conduct 1.3, 1.4(b), 1.15(a)(b)(c)(d), and 8.1(a)(b)(c).

The Rules of Professional Conduct can be found here.

In a decision dated March 6, 2023, it was stated that on June 5, 2019, the OAE conducted a random compliance audit of the respondent’s financial books and records at his law office in Freehold, New Jersey. By letter dated June 6, 2019, the OAE informed the respondent that, during the random audit, it had uncovered fourteen recordkeeping deficiencies that required corrective action to conform.

The decision states:

“Following the random audit, the OAE made several unsuccessful attempts to obtain from the respondent the information sought via the June 6, 2019 letter. On February 14, 2020, after the respondent failed to cooperate with the random audit unit, the OAE docketed the matter for disciplinary investigation. To date, the respondent has failed to provide proof that he maintained a running cash balance in his ATA checkbook or that the designations on his ATA and ABA were corrected.”

The decision continues:

“On September 21, 2020, following the demand audit interview, the OAE sent respondent a letter requesting eleven categories of information, including production of contemporaneous billing statements he had prepared in the Topper matter, as well as any letters he had sent to Topper explaining his legal fees. The OAE requested that the respondent produce the information no later than October 1, 2020.”

The decision further states:

“On July 15, 2021, the respondent sent the OAE a letter and purported billing records for the Topper matter. In his letter, the respondent apologized for his “extremely tardy submission.” Respondent claimed that he did not intend to be non-cooperative with the OAE’s investigation and that “a lot has occurred in between our correspondences, including me having COVID-19, which I did not know I had the last time I emailed with your office – simply stating that I had been ‘very sick.’””

The Disciplinary Review Board has filed with the court, its decision recommending on the records, that the respondent who was admitted to the bar of this state in 2012, and who has been temporarily suspended from the practice of law since March 17, 2022, be disbarred.

The Disposition states:

“It is ORDERED that Matthew D. Rasmussen be disbarred, effective immediately and that his name be stricken from the roll of attorneys; and it is further ORDERED that Matthew D. Rasmussen be and hereby is permanently restrained and enjoined from practicing law, and it is further ORDERED that Matthew D. Rasmussen comply with Rule 1:20-20 dealing with disbarred attorneys.”

Mr. Rasmussen practices in Freehold, New Jersey. She is licensed in New Jersey. His info can be found on lawyersfindlaw.com.

A copy of the original filing can be found here.