On Thursday, July 11, 2024, the Supreme Court of New Jersey reprimanded Attorney Andrew L. Monteleone for violating rules related to commingling funds and recordkeeping deficiencies.

The case is entitled “In the Matter of Andrew L. Monteleone,” with case no. 089428.

The charges cited New Jersey Rules of Professional Conduct 1.15(a) and 1.15(d) which states:

Commingling personal funds with client funds.

Failing to comply with the recordkeeping requirements of Rule 1:21-6.

The Disciplinary Review Board had recommended the reprimand based on a disciplinary stipulation between Monteleone and the Office of Attorney Ethics. Monteleone, an attorney since 1980, admitted to violating New Jersey Rules of Professional Conduct by commingling $500 of personal funds with client funds held in his attorney trust account. He also violated RPC by failing to comply with the recordkeeping requirements of Rule 1:21-6.

The allegations against Monteleone stemmed from his employment between 2005 and 2018 as an associate at the law firm O’Connor & Mangan, P.C., which had offices in New Rochelle, New York, and Hoboken, New Jersey. Between 2013-2018, Monteleone worked primarily out of the firm’s Hoboken office. O’Connor & Mangan served as the legal services provider for a benefit fund that provided free legal assistance to union members in the Bronx, New York.

An investigation by the Office of Attorney Ethics found that between 2012-2016, Monteleone overbilled the legal benefit fund for work he did not actually complete. Specifically, he submitted fraudulent billing statements to the fund claiming to have done legal work for at least 22 individuals who later asserted they never received services from Monteleone. In total, the overbilling amounted to approximately $28,400.

In March 2019, Monteleone was criminally charged in federal court with various fraud and false statement offenses related to the overbilling scheme. However, in September 2019 he entered into a deferred prosecution agreement where the criminal charges would ultimately be dismissed if he met certain conditions, including paying restitution of $14,200 to the benefit fund.

The OAE launched its investigation after learning of the criminal charges. In interviews with the OAE in 2021, four individuals whose names appeared on billing statements submitted by Monteleone verified that they never received any legal services from him during the times listed. The OAE estimated that at least $10,337.15 in billings to the fund were based on fraudulent records provided or approved by Monteleone.

In its July 2024 decision, the Disciplinary Review Board determined that a reprimand was the appropriate level of discipline given Monteleone’s unblemished record prior to this matter, his cooperation and acceptance of responsibility, and his lack of any financial benefit to himself from the overbilling.

The Supreme Court agreed and officially reprimanded Monteleone. He was also required to reimburse administrative costs associated with the ethics proceedings.

According to martindale.com, Mr. Monteleone attended the Brooklyn Law School. He acquired his law license in New Jersey in 1980.

A copy of the original filing can be found here.