In re Thompson

In re Thompson (99-442); 170 Vt. 560; 742 A.2d 761

[Filed 22-Oct-1999]


                                 ENTRY ORDER

                      SUPREME COURT DOCKET NO. 99-442

                             OCTOBER TERM, 1999


In re James Grant Thompson	       }	Original Jurisdiction
	                               }
	                               }
     	                               }	From Professional
	                               }	Conduct Board
	                               }
	                               }	DOCKET NO. 99.23


             In the above-entitled cause, the Clerk will enter:


       The resignation of James Grant Thompson from the Bar of the Vermont
  Supreme Court is  accepted subject to the terms and conditions of A.O. 9,
  Rule 16.  It is hereby ordered that James  Grant Thompson is disbarred from
  the office of attorney and counsellor at law.


       James Grant Thompson is reminded that he must comply with A.O. 9, Rule
  21.


	                               BY THE COURT:



	                               _______________________________________
	                               Jeffrey L. Amestoy, Chief Justice

	                               _______________________________________
	                               John A. Dooley, Associate Justice

	                               _______________________________________
 	                               James L. Morse, Associate Justice

	                               _______________________________________
                                       Denise R. Johnson, Associate Justice

	                               _______________________________________
	                               Marilyn S. Skoglund, Associate Justice
 
 
-------------------------------------------------------------------------------
138.PCB

[1-Oct-1999]

                              STATE OF VERMONT

                     PROFESSIONAL RESPONSIBILITY PROGRAM

In Re:	James Grant Thompson, Esq.
        PCB File No. 99.23
        Supreme Court Docket No. 98-546

                             STATEMENT OF FACTS


       NOW COMES Jessica G. Porter, Disciplinary Counsel, and pursuant to
  Administrative  Order No. 9, Rule 16B, hereby offers the following facts,
  in addition to those contained in the  affidavit of Respondent.

       Respondent's affidavit, dated August 30th, 1999 is submitted at the
  request of Disciplinary Counsel pursuant to A.O. 9, Rule 16.  The facts
  contained in that affidavit support a violation of DR 1-102(A)(3), DR
  1-102(A)(4), DR 1-102(A)(7) and DR 9-102(B)(4) of the Code  of Professional
  Responsibility.

       On August 31, 1999, U.S. District Judge William K. Sessions III,
  sentenced Respondent  to two concurrent sentences of 18 months, followed by
  three years of supervision, based upon the  same facts which are reiterated
  in Respondent's affidavit.  In addition, it should be noted that two  of
  the special conditions of supervision are: (1) that Respondent shall make
  restitution to Richard  and Pamela Backus for $4,908.00 and First Franklin
  Bank for $60,450.00; and (2) shall refrain,  during the period of
  supervision, from engaging in any activity that involves the practice of
  law  (See attached sentencing order).

       Respectfully submitted this 10th day of September, 1999.

________________________
Jessica G. Porter, Esq.
Disciplinary Counsel

------------------------------------------------------------------------

                              STATE OF VERMONT
                         PROFESSIONAL CONDUCT BOARD

In Re:	James Grant Thompson, Esq.
        PCB File No. 99.23
        Supreme Court Docket No. 98-546

                          AFFIDAVIT OF RESIGNATION

       NOW COMES James Grant Thompson, being duly sworn, and, pursuant to
  Rule 16(A)  of Administrative Order 9, hereby submits this affidavit of
  resignation.  In so doing, I hereby  depose and state as follows:

       1. I am an attorney licensed to practice law in the State of Vermont.

       2. I was placed on interim suspension on December 18, 1998.

       3. I desire to resign my license to practice law in the State of
  Vermont.

       4. This resignation is being rendered freely and voluntarily.

       5. In submitting this resignation, I am not being subjected to
  coercion or duress.

       6. I am fully aware of the implications that will flow from the
  submission of this resignation.

       7. I am aware that the Office of Bar Counsel is investigating
  allegations that I  misappropriated client funds and have abandoned my law
  practice.

       8. I am aware that in PCB File No. 99.23 the Office of Bar Counsel is 
  investigating  allegations that I misappropriated $50,000 that had been
  given to me by Rebecca Olson, and,  eventually, pled guilty to the
  following federal offenses, each of which is a felony: (a)  Interstate
  Transfer of Stolen Goods; and (b) Structuring a Transaction to Avoid
  Currency  Reporting Laws.   

       9. The material facts upon which these allegations are based are true.  
  They are  described in more detail staring in paragraph 11 below.

       10. If formal disciplinary charges were predicated on the allegations
  referenced in paragraph 8, I would not be able to successfully defend
  against them.

       11. On November 6, 1998, I deposited a check from Rebecca Olson into
  my trust  account at the Chittenden Bank.

       12. The check was for the amount of $57, 578.62 and was drawn on
  Attorney  Olson's trust account.

       13. Attorney Olson gave me the funds to hold in trust pending the
  discharge of a  mortgage in a real estate transaction in which we I were
  involved.

       14. On November 9 and 10, 1998, I withdrew $50,000 from my trust
  account at  the Chittenden Bank.  I withdrew some of the money in cash and
  took the remaining amount in  the form of bank checks made out to me.

       15. The money was not mine to take.

       16. Later that month, I left the State of Vermont.

       17. On December 9, 1998, I surrendered to officals in the State of
  Florida.

       18. I was charged with federal offenses and eventually returned to
  Vermont to face  charges in the United States District Court for the State
  of Vermont.

       19. On April 12, 1999, I pled guilty to two felonies relating to my
  misappropriation  of the funds that I deposited after receiving Attorney
  Olson's check: (a) Interstate Transfer of  Stolen Goods; and (b)
  Structuring a Transaction to Avoid Currency Reporting Laws.

       20. Wherefore, I admit that the facts upon which the allegations are
  predicated are true and that I cannot successfully depend against them if
  presented with formal disciplinary  charges.  Thus, I freely and
  voluntarily resign my license to practice law in the State of  Vermont.

       21.	The facts recited herein are based on my own personal
  knowledge.

DATED at Middlebury, Vermont, this 30th day of August, 1999.

     /s/ 					
________________________________
James Grant Thompson, Esq.
Respondent


subscribed and sworn before me on August 30th , 1999.

 /s/ James Dempsey
_________________________
Notary Public