On September 23, 2022, the Supreme Court of Illinois suspended Oak Park attorney Richard Michael Ruggiero from the practice of law for alleged dishonesty.

The case is styled ‘In the matter of Richard Michael Ruggiero’ and was brought by the Attorney Registration and Disciplinary Commission with Case #6211359.

The charges cited rules of professional conduct Rule 8.4(c) of the Illinois Rules of Professional Conduct (2010), which states that:

It is professional misconduct for a lawyer to:
(c) engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.

The rules of professional conduct can be found here.

The following are as alleged and summarized from the filing:

Respondent was the sole owner of The Ruggiero Law Group, LLC in Oak Park, and was the sole attorney operating and providing services as part of that entity. On September 19, 2003, Respondent’s aunt, Lena De Benedetto (“Ms. De Benedetto”), executed a trust that she named the Lena De Benedetto Revocable Living Trust The Trust named Ms. De Benedetto’s sister and brother as trustees of the Trust. The Trust named Respondent as a successor trustee, meaning that if no other individuals referenced in the Trust were able or willing to act as the trustee, Respondent would become a trustee.

The Trust further provided for distributions to Ms. De Benedetto’s son to terminate either when the funds were exhausted or upon the death of Ms. De Benedetto’s son, whichever occurred first. The Trust further provided that if Ms. De Benedetto’s son died before the funds of the trust were exhausted, the trustee was to distribute the remaining principal and all accrued or undistributed net income of the trust in equal share to the following four charities: The American Heart Association, the Lupus Foundation, the Pacific Garden Mission, and the Shriners’ Hospital for Children (‘the Charities”). Ms. De Benedetto died on December 30, 2017, and his son followed her death after that year.

Respondent subsequently became successor trustee of the Trust. By the terms of the Trust, the Charities were beneficiaries of the Trust, and as successor trustee, Respondent owed the beneficiaries the duty to ensure that the Trust’s assets were distributed to them, and not to use those assets for his own purposes. However, respondent did not notify the Charities that they had been named beneficiaries of the will. As of the date, this complaint was filed, Respondent had not made any distribution to the American Heart Association, the Lupus Foundation, the Pacific Garden Mission, or the Shriners’ Hospital for Children, as required under the terms of the Trust.

The Order states:

“As successor trustee, respondent owed the beneficiaries the duty to ensure that the Trust’s assets distributed to them, and not to use those assets for his own purposes. Respondent did not notify the Charities that they had been named beneficiaries of the will.”

The Order continues:

“In stealing the trust funds, respondent had not performed sufficient services for the Trust that would entitle him to take all of its assets as a fee, and did not notify any of the charities that he was taking the Trust’s assets for his own purposes or obtain their authority to do so.”

The Order further alleges:

“As of December 22, 2020, Respondent had used $260,644.28 of the Trust’s funds for his own personal or business purposes, without notice to, or authority from, and of the beneficiaries of the Trust.
At the time Respondent used those funds, Respondent knew that he was using the funds for his own personal or business purposes, and, in doing so, he acted dishonestly.”

In relation to the facts that were stated, the court rules against the respondent and charged him in violation of the above-mentioned rules.

The Disposition states that:

“The rule to show cause that issued to respondent Richard Michael Ruggiero pursuant to Supreme Court Rule 774 on March 25, 2022, is enforced. Respondent is suspended from the practice of law effective immediately and until further order of the Court.”

Prior to the suspension, Mr. Ruggiero is listed on the website of law firm, Ruggiero Law Group, LLC as a practicing attorney. He attended John Marshall Law School, graduating in 1989, and practices in Oak Park, Illinois. He has been licensed in Illinois, license #60301-1301. His info can be found online at https://www.martindale.com/attorney/richard-michael-ruggiero-905097/.

A copy of the original filing can be found here.