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Ex-officer for MCBA may lose law license

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Members and officers of the Marion County Bar Association say the organization has put behind it the theft and subsequent repayment of more than $10,000 by its former treasurer.
 

atkins Atkins

Trezanay Atkins admitted in a hearing before the Supreme Court Disciplinary Commission that she misappropriated money during her tenure as treasurer of the Indianapolis-based bar whose mission is the professional development of minority attorneys. The commission asserts that from October 2011 through December 2012, Atkins converted to her personal use 53 bar association checks she wrote ranging from $15 to $500, totaling $10,373.

“I was in personal financial distress,” Atkins testified at a hearing this year when asked why one check was written for an unusually specific amount – $456.12. “I didn’t have any money to take care of even my kids … and so the reason why it is for an odd number is because those were bills that I needed to pay in my house,” she stated.

In March 2013, Atkins self-reported the misappropriations to then-MCBA President TaKeena Thompson, who said the organization moved swiftly, removing Atkins from the treasurer position. Thompson, an associate at Cohen & Malad LLP, said that within a week of the disclosure, members were notified of the situation, and Atkins promptly returned the money. Atkins said she received a loan to repay most of the money.

“We told (members) that we apologized … we didn’t try to hide it,” Thompson said, noting the association also quickly changed its banking procedures, requiring multiple signatures on checks, for instance. She said of members, “I think they were confident in our board and that we would do everything that we could to make sure this never happened again.”

The association filed a grievance against Atkins that served as the basis of the disciplinary complaint against her, and the MCBA board voted to refer the case to the Marion County Prosecutor’s Office, though no charges had been filed as of May 31.

Atkins, who was admitted to practice in 2009, told Indiana Lawyer she is resigned to the likelihood that she may temporarily lose her law license. She admitted in her disciplinary action that she committed acts amounting to Class A misdemeanor conversion. The month she became treasurer, she sent board members an email that the organization was “hemorrhaging financially,” the record shows.

Atkins told IL the MCBA’s records were in disarray when she became treasurer. Marion Superior Judge Helen Marchal, the hearing officer in Atkins’ case, found that an aggravating factor was that the MCBA was a vulnerable victim.

Marchal submitted a report to the Supreme Court in May finding Atkins violated Rules of Professional Conduct 8.4(b) and 8.4(c). Marchal recommended a one-year suspension without automatic reinstatement. The Disciplinary Commission previously urged a two-year suspension.

Along with a violation for misappropriating funds, Atkins also tried to conceal the thefts. For instance, she made notations in memo lines of checks that the money was for false purposes, and she also provided summaries to the board with incorrect balances.

In November 2012, she reported to the board that the association had a balance of just over $19,900, when the actual balance was less than $9,700, according to the disciplinary record. The ledger didn’t include the checks she’d written for herself.

Members and officers of the association said they were disheartened by the misappropriations that came as the organization had become more active than it had been for several years. It hosted a successful retirement celebration for Court of Appeals Senior Judge Carr Darden and instituted regular “coffee chats” enabling members to meet informally with local judges.


bentley-cassandra.jpg Bentley

Cassandra Bentley, president of the Marion County Bar Association, said the facts in Atkins’ complaint speak for themselves: “It’s been resolved and we are moving on.

“From our end of things, we turned it over to the prosecutor’s office, and whatever they decided to do with it, that’s what they decided to do with it,” said Bentley, a law clerk for Judge Tanya Walton Pratt of the U.S. District Court for the Southern District of Indiana.

“It was an unfortunate situation and we handled it appropriately,” Bentley said. She doesn’t believe the MCBA has been damaged because of the situation.

“We’re still a functioning and valuable part of the legal community,” she said. The group plans to conduct a membership drive in September and is working on other initiatives.


McMillian McMillian

MCBA past president, life member and Barnes & Thornburg LLP partner Jimmie McMillian Jr. said he wouldn’t comment on Atkins, but agreed the organization had moved on.

“It takes a lot to do it and to do it right and do it well,” he said of leading an organization that relies entirely on volunteers. But he said its mission remains vital.

“I think it’s important to have a network for lawyers, particularly lawyers of color, to get plugged in and get connected in groups they feel comfortable and welcome in,” McMillian said. It’s also important for groups like MCBA to share in the successes of members who have a commonality of purpose, he added.

McMillian was mentored by MCBA members, and he’s had the opportunity to mentor others in the organization that he indicated has nearly 200 members.

“We have the same diversity challenges in the legal community we have for years,” he said, though corporate America, courts and government see diversity in the profession as a goal. “We are better served by a diverse bar. It better represents the community we serve.”

An influential member who spoke on condition of anonymity said the organization is likely to focus on its basic mission of helping students study for the bar exam and assisting young lawyers advance in the local legal community, likely deferring any initiatives until late summer.

Atkins spoke to IL after Marchal’s report was transmitted to the Supreme Court. She said she sensed tension between younger and older MCBA members, a view some members contacted for this story shared but others did not.

Thompson, now immediate past-president, said the MCBA made strides to improve communication with members and offer more activities. She said some members had not paid dues in the past because they didn’t receive invoices, and those were the kind of issues the leadership addressed.

“We were trying to get all of our processes in order, and not everything was up to par,” Thompson said of the board under her direction. “I definitely think it was an accomplishment for the board to have as much activity as we had. We had an increase in membership and active members, and I think the board did a good job.”

In Thompson’s estimation, that includes dealing with the fallout from Atkins’ misappropriation.

“Do I think those things are being overshadowed? I don’t think so,” she said.

Atkins said she’s shutting down her law practice and isn’t accepting new clients. She hopes to keep her license active after her discipline case is concluded, but she doesn’t intend to practice. Instead, she’s turning her attention to a new enterprise, Ignis Strategic Communications, a public relations company whose Twitter page reads, “between you and the media stands Ignis. We handle crisis | reputation | strategy | press.”•

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  1. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  2. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  3. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

  4. OK so I'll make this as short as I can. I got a call that my daughter was smoking in the bathroom only her and one other girl was questioned mind you four others left before them anyways they proceeded to interrogate my daughter about smoking and all this time I nor my parents got a phone call,they proceeded to go through her belongings and also pretty much striped searched my daughter including from what my mother said they looked at her Brest without my consent. I am furious also a couple months ago my son hurt his foot and I was never called and it got worse during the day but the way some of the teachers have been treating my kids they are not comfortable going to them because they feel like they are mean or don't care. This is unacceptable in my mind i should be able to send my kids to school without worry but now I worry how the adults there are treating them. I have a lot more but I wanted to know do I have any attempt at a lawsuit because like I said there is more that's just some of what my kids are going through. Please respond. Sincerely concerned single parent

  5. California Sex Offender Management Board (CASOMB) End of Year Report 2014. (page 13) Under the current system many local registering agencies are challenged just keeping up with registration paperwork. It takes an hour or more to process each registrant, the majority of whom are low risk offenders. As a result law enforcement cannot monitor higher risk offenders more intensively in the community due to the sheer numbers on the registry. Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the life’s of registrants and those -such as families- whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety. The full report is available online at. http://www.casomb.org/index.cfm?pid=231 National Institute of Justice (NIJ) US Department of Justice Office of Justice Programs United States of America. The overall conclusion is that Megan’s law has had no demonstrated effect on sexual offenses in New Jersey, calling into question the justification for start-up and operational costs. Megan’s Law has had no effect on time to first rearrest for known sex offenders and has not reduced sexual reoffending. Neither has it had an impact on the type of sexual reoffense or first-time sexual offense. The study also found that the law had not reduced the number of victims of sexual offenses. The full report is available online at. https://www.ncjrs.gov/app/publications/abstract.aspx? ID=247350 The University of Chicago Press for The Booth School of Business of the University of Chicago and The University of Chicago Law School Article DOI: 10.1086/658483 Conclusion. The data in these three data sets do not strongly support the effectiveness of sex offender registries. The national panel data do not show a significant decrease in the rate of rape or the arrest rate for sexual abuse after implementation of a registry via the Internet. The BJS data that tracked individual sex offenders after their release in 1994 did not show that registration had a significantly negative effect on recidivism. And the D.C. crime data do not show that knowing the location of sex offenders by census block can help protect the locations of sexual abuse. This pattern of noneffectiveness across the data sets does not support the conclusion that sex offender registries are successful in meeting their objectives of increasing public safety and lowering recidivism rates. The full report is available online at. http://www.jstor.org/stable/full/10.1086/658483 These are not isolated conclusions but are the same outcomes in the majority of conclusions and reports on this subject from multiple government agencies and throughout the academic community. People, including the media and other organizations should not rely on and reiterate the statements and opinions of the legislators or other people as to the need for these laws because of the high recidivism rates and the high risk offenders pose to the public which simply is not true and is pure hyperbole and fiction. They should rely on facts and data collected and submitted in reports from the leading authorities and credible experts in the fields such as the following. California Sex Offender Management Board (CASOMB) Sex offender recidivism rate for a new sex offense is 0.8% (page 30) The full report is available online at http://www.cdcr.ca.gov/Adult_Research_Branch/Research_Documents/2014_Outcome_Evaluation_Report_7-6-2015.pdf California Sex Offender Management Board (CASOMB) (page 38) Sex offender recidivism rate for a new sex offense is 1.8% The full report is available online at. http://www.google.com/url?sa= t&source=web&cd=1&ved= 0CCEQFjAA&url=http%3A%2F% 2Fwww.cdcr.ca.gov%2FAdult_ Research_Branch%2FResearch_ documents%2FOutcome_ evaluation_Report_2013.pdf&ei= C9dSVePNF8HfoATX-IBo&usg=AFQjCNE9I6ueHz-o2mZUnuxLPTyiRdjDsQ Bureau of Justice Statistics 5 PERCENT OF SEX OFFENDERS REARRESTED FOR ANOTHER SEX CRIME WITHIN 3 YEARS OF PRISON RELEASE WASHINGTON, D.C. Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. The full report is available online at. http://www.bjs.gov/content/pub/press/rsorp94pr.cfm Document title; A Model of Static and Dynamic Sex Offender Risk Assessment Author: Robert J. McGrath, Michael P. Lasher, Georgia F. Cumming Document No.: 236217 Date Received: October 2011 Award Number: 2008-DD-BX-0013 Findings: Study of 759 adult male offenders under community supervision Re-arrest rate: 4.6% after 3-year follow-up The sexual re-offense rates for the 746 released in 2005 are much lower than what many in the public have been led to expect or believe. These low re-offense rates appear to contradict a conventional wisdom that sex offenders have very high sexual re-offense rates. The full report is available online at. https://www.ncjrs.gov/pdffiles1/nij/grants/236217.pdf Document Title: SEX OFFENDER SENTENCING IN WASHINGTON STATE: RECIDIVISM RATES BY: Washington State Institute For Public Policy. A study of 4,091 sex offenders either released from prison or community supervision form 1994 to 1998 and examined for 5 years Findings: Sex Crime Recidivism Rate: 2.7% Link to Report: http://www.oncefallen.com/files/Washington_SO_Recid_2005.pdf Document Title: Indiana’s Recidivism Rates Decline for Third Consecutive Year BY: Indiana Department of Correction 2009. The recidivism rate for sex offenders returning on a new sex offense was 1.05%, one of the lowest in the nation. In a time when sex offenders continue to face additional post-release requirements that often result in their return to prison for violating technical rules such as registration and residency restrictions, the instances of sex offenders returning to prison due to the commitment of a new sex crime is extremely low. Findings: sex offenders returning on a new sex offense was 1.05% Link to Report: http://www.in.gov/idoc/files/RecidivismRelease.pdf Once again, These are not isolated conclusions but are the same outcomes in the majority of reports on this subject from multiple government agencies and throughout the academic community. No one can doubt that child sexual abuse is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are effective in doing so. Megan’s law is a failure and is destroying families and their children’s lives and is costing tax payers millions upon millions of dollars. The following is just one example of the estimated cost just to implement SORNA which many states refused to do. From Justice Policy Institute. Estimated cost to implement SORNA Here are some of the estimates made in 2009 expressed in 2014 current dollars: California, $66M; Florida, $34M; Illinois, $24M; New York, $35M; Pennsylvania, $22M; Texas, $44M. In 2014 dollars, Virginia’s estimate for implementation was $14M, and the annual operating cost after that would be $10M. For the US, the total is $547M. That’s over half a billion dollars – every year – for something that doesn’t work. http://www.justicepolicy.org/images/upload/08-08_FAC_SORNACosts_JJ.pdf. Attempting to use under-reporting to justify the existence of the registry is another myth, or a lie. This is another form of misinformation perpetrated by those who either have a fiduciary interest in continuing the unconstitutional treatment of a disfavored group or are seeking to justify their need for punishment for people who have already paid for their crime by loss of their freedom through incarceration and are now attempting to reenter society as honest citizens. When this information is placed into the public’s attention by naive media then you have to wonder if the media also falls into one of these two groups that are not truly interested in reporting the truth. Both of these groups of people that have that type of mentality can be classified as vigilantes, bullies, or sociopaths, and are responsible for the destruction of our constitutional values and the erosion of personal freedoms in this country. I think the media or other organizations need to do a in depth investigation into the false assumptions and false data that has been used to further these laws and to research all the collateral damages being caused by these laws and the unconstitutional injustices that are occurring across the country. They should include these injustices in their report so the public can be better informed on what is truly happening in this country on this subject. Thank you for your time.

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