Disciplinary Case Summaries, 0417 COBJ, Vol. 46 No. 4 Pg. 101
Office of the Presiding Disciplinary Judge
The summaries of disciplinary case Opinions and Conditional Admissions of Misconduct are prepared by the Office of the Presiding Disciplinary Judge (PDJ) and are provided as a service by the CBA. The CBA cannot guarantee the accuracy or completeness of the summaries. Opinions, including exhibits, complaints, amended complaints, and summaries, are available at the PDJ website, ww.coloradosupremecourt.com/PDJ/PDJ_Decisions.asp, and on LexisNexis.® The summaries and full-text Opinions are also accessible from the CBA website: www.cobar.org (click on “For Members,” and then “Opinions/Rules/Statutes”).
No. 17PDJ006. People v. Armstead II. 2/9/2017
The PDJ approved the parties’ conditional admission of misconduct and suspended Gary Lee Armstead II, attorney registration number 38513, from the practice of law for one year and one day, all stayed upon the successful completion of a three-year period of probation with conditions. The probation took effect February 9, 2017.
Armstead is subject to an order entered in Texas requiring him to pay child support and child support arrearages. Through garnishments, he is currently complying with his child support obligations, but he is not fully complying with his arrearage obligations. He thus has violated Colo. RPC 3.4(c) (a lawyer shall not knowingly disobey an obligation under the rules of a tribunal) and Colo. RPC 8.4(d) (a lawyer shall not engage in conduct prejudicial to the administration of justice).
No. 16PDJ029. People v. Borzillo. 9/8/2016
Following a sanctions hearing, the PDJ disbarred Michelle M. Borzillo, attorney registration number 15761, from the practice of law. Borzillo’s disbarment took effect on October 13, 2016.
In 2007, Borzillo purchased a home in Virginia for $850,000. She financed the home with Wells Fargo Bank. From about 2009 through December 2013, Borzillo knowingly and intentionally devised a scheme to defraud Wells Fargo in connection with the short sale of her Virginia home to a person who lived in the home with her, and with whom she was in a committed personal relationship. In December 2013, Borzillo closed on the short sale of her home, extinguishing her debt to Wells Fargo and completing her scheme.
In November 2015, Borzillo pleaded guilty to one count of felony bank fraud in violation of 18 USC § 1344. As part of her plea, she admitted she acted willfully, knowingly, and with the specific intent to violate the law. She was sentenced to 12 months and one day imprisonment and two years of supervised release, and was ordered to pay $288,497 in restitution to Wells Fargo.
Through her conduct described above, Borzillo violated Colo. RPC 8.4(b) (a lawyer shall not commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects) and Colo. RPC 8.4(c) (a lawyer shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation).
No. 16PDJ051. People v. Carlson. 12/20/2016.
Following a sanctions hearing, the PDJ disbarred Alan D. Carlson, attorney registration number 11205, from the practice of law. Carlson’s disbarment took effect on January 24, 2017.
Carlson committed misconduct in four separate client...
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