On Tuesday, July 18, 2023, the Presiding Disciplinary Judge of the Supreme Court of Arizona suspended attorney Mark Walter Heckele for violations of the Securities and Exchange Act.

The case is entitled “In the matter of Mark Walter Heckele,” with case no. 2022-9098.

An extensive agreement reached on June 29, 2023, has laid the foundation for the resolution of attorney Mark W. Heckele’s disciplinary matter. The agreement meticulously detailed a factual basis that supported Heckele’s conditional admissions to the alleged violations. A significant facet of the agreement was Heckele’s voluntary decision to forego an adjudicatory hearing and relinquish any potential motions, defenses, objections, or requests that he could have made.

The Securities and Exchange Commission (SEC) alleged five claims against Heckele under the Securities and Exchange Act of 1934: (i) a claim under Section 5(a) and (c) for the unregistered offering of securities; (ii) a claim under Section 15(a) for acting as an unregistered broker-dealer; (iii) a claim under section 17(a) for fraud in the offer or sale of securities; (iv) a claim under Section 10(b) and Rule 10b-5 for fraud in connection with the purchase or sale of securities; and (v) a claim under Section 20(a) for control person liability.

As an integral component of the accord, Heckele committed to a six-month suspension, followed by a two-year probation period marked by specific conditions. Additionally, he agreed to fulfill his obligation of reimbursing the State Bar for associated costs. The agreement also delved into the core of the misconduct in question, which originated from legal proceedings initiated against Heckele by the SEC. These proceedings were centered around alleged breaches of the Securities and Exchange Act.

The Agreement for Discipline by Consent states:

“Respondent and the State Bar of Arizona agree that based on the facts and circumstances of this matter, as set forth above, the following sanctions are appropriate: Suspension of six months, and two (2) years Probation upon Reinstatement,”

The determination of the imposed sanction was grounded in the American Bar Association (ABA) Standards, encompassing an evaluation of factors such as the nature of duties violated, the mental state involved, the extent of harm caused, and a comprehensive assessment of aggravating and mitigating circumstances.

In light of the gravity of the allegations and the comprehensive agreement for discipline, the Presiding Disciplinary Judge of the Supreme Court of Arizona reached the decision to suspend Heckele from the practice of law.

The Disposition states:

“IT IS ORDERED that Mark Walter Heckele, Bar No. 027588, is suspended from the practice of law in Arizona for six months, effective 30 days from the date of this order, for his conduct in violation of the Arizona Rules of Professional Conduct, as outlined in the consent documents”

Mr. Heckele attended the University of Arizona, graduating in 2009. He practices in Tucson, Arizona. He is licensed in Arizona. His info can be found on Martindale.

A copy of the original filing can be found here.