A New Jersey attorney will be suspended for six months starting in November after a random audit of his financial records revealed that he had invaded client and escrow funds not meant for him.
But the New Jersey Supreme Court on Oct. 6 rejected its disciplinary board’s recommended sanction of disbarment, saying that Dominic Caruso’s misappropriation of the funds was negligent, not knowing.
In a 1979 opinion, the court ruled that disbarment is required for the knowing misappropriation of client funds, establishing the state’s “Wilson rule.” The state bar recently asked the court to clarify what a “knowing misappropriation” under ...
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