On Thursday, October 13, 2022, the Supreme Court of the State of New Mexico ruled on the recommendation of the Disciplinary Board to disbar Las Cruces Attorney Anthony R. Rascon for misappropriation of client funds.

The case titled In the Matter of Anthony R. Rascon, Esq. was brought by the Assistant Disciplinary Counsel, case no. 2021-02-4482.

The charges cited Rascon’s violation of Rules of Professional Conduct specifically rules 16-105, by charging an excessive fee; 16-115, by failing to hold a client’s property separate from the lawyer’s own property, and by failing to keep complete records of the account funds; 16-804(c), by dishonestly converting client funds for his own use; 16-804(d), by engaging on conduct prejudicial to the administration of justice.

The Specification of Charges, dated February 5, 2021, as summarized goes:

Respondent was retained by TG to represent him in criminal proceedings in Texas and in Aztec, New Mexico. TG and his mother, KM, made three payments to Respondent totaling $33,957.50. Respondent deposited the first two checks in his IOLTA account, but not the third check. He also billed TG for driving to Texas and Aztec, New Mexico in his meeting with the latter. Respondent claimed earned attorney’s fees of $6,669.43 plus Gross Receipts of Tax of $554.40 for work done from September 6, 2018, to September 24, 2018, leaving a balance allegedly owed $22,776.17. RG died as a result of a vehicular accident in late January 2019. Respondent did not refund any monies to KM.

Respondent’s IOLTA account showed balances well below $22,776.17, with zero balances in 2020, it also showed multiple transfers to Respondent’s operating account and cash withdrawal. KM retained attorney Albert Thiel, Jr., who then filed a lawsuit seeking the return of the funds. Respondent did not file an answer to the lawsuit which resulted in a default judgment against Respondent. On January 22, 2021, Respondent entered into a stipulated judgment in which he promised to pay a total of $26,733.67 of unearned fees, but up to this date, Respondent has failed to pay any portion of the monies owed.

Respondent failed to respond when asked by the Disciplinary counsel twice through email for an explanation of his apparent trust account violations, and also requested Respondent for the client ledger for TG/KM.

The Disciplinary Counsel respectfully requested that a hearing committee be designated to hear evidence and make findings of fact, conclusions of law, and recommendations to the Disciplinary Board and, if any of the charges are sustained, that Respondent be disciplined and assessed the costs of this proceeding.

Respondent has not submitted an Answer to the Specification of Charges, hence, the Assistant Disciplinary Counsel filed its Motion to Deem the Allegations Admitted on April 9, 2021, which was granted by the Hearing Committee Chair on June 15, 2021.

The Hearing Committee, in its Findings of Fact, Conclusions of Law and Recommendation as to Discipline, recommended disbarment of Respondent and made the following notes:

“Respondent admitted that he had misappropriated funds from his client for hs personal use.

Respondent has not made restitution, but has expressed his intent to do so.

Respondent attributed his conversion of client funds to his financial straits due to the pandemic.”

The Disciplinary Panel upon its review of the Hearing Committee’s recommendation dated September 21, 2021, also recommended that Respondent be disbarred, to pay the costs of the proceeding, to pay restitution, and that Respondent should be advised of his right to seek Supreme Court review of this matter.

Accordingly, the Supreme Court of the State of New Mexico, adopted the disciplinary pane’s findings of fact, conclusions of law, and recommended discipline of disbarment.

The Order reads:

“IT IS FURTHER ORDERED that respondent, Anthony R. Rascon is PERMANENTLY DISBARRED from the practice of law. . .effective immediately;”

Mr. Anthony Ray Rascon graduated from Northeastern University School of Law. He had practiced in Las Cruces, New Mexico. He had been licensed in New Mexico. His info can be found on LinkedIn.

A copy of the original filing can be found here.