Partner in Minnesota Firm Disbarred After Swindling Thousands

Link for opinion: http://pa.courts.state.mn.us/CaseDetail.aspx?CaseID=1612635688


In State of Minnesota v. Thomas Allen Rothstein, 777 N.W.2d 31 (Minn. 2010), the court sentenced Rothstein, a partner in a law firm which he helped create, to a term of 5 years for violation of Minnesota Statute 609.52 – Theft by Swindle.

Over the course of several years, 2005-2007 according to the charges, Rothstein utilized the firm’s money for personal expenses. Rothstein altered bookkeeping records to hide the missing money, nearly $125,000, which had been used for expenses such as fitness clubs, MP3 downloads, and floral arrangements. Because he was one of only a handful of individuals in the firm familiar with the accounting software used, Rothstein was able to easily conceal his actions.

Not only did Rothstein commit a criminal act by taking the firm’s money for his own use (Minn. Stat. 609.52), he also violated Minnesota Rule of Professional Conduct (RPC) 8.4. Subsection (b) of this rule states that to commit a criminal act which reflects negatively on the attorney’s trustworthiness constitutes professional misconduct.

As a result of violating Statute 609.52, Rothstein was sentenced to a 5-year jail term and a $5000 fine, plus administrative fees. As a result of violating Minnesota RPC Rule 8.4, Rothstein was disbarred.

This case demonstrates the importance of attorneys maintaining professional conduct and to practice law in an honest and truthful manner. To do otherwise diminishes the work of attorneys who do abide by the Rules of Professional Conduct.