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Iowa Supreme Court Board of Professional Ethics and Conduct v. Jones2/16/2000
On review of the report of the Grievance Commission.
Grievance Commission report in disciplinary proceeding recommended a public reprimand.
LICENSE SUSPENDED.
Considered en banc.
In this attorney disciplinary proceeding, the Iowa Supreme Court Board of Professional Ethics and Conduct charged attorney Oscar E. Jones with several violations of the Iowa Code of Professional Responsibility. The alleged violations stem from Jones' conduct in persuading a former client to loan $5000 to Jones' current client. The grievance commission recommended a reprimand. On our de novo review, we find the violations serious enough to warrant suspension.
I. Facts.
Jones, a solo practitioner, has practiced law in Iowa for approximately forty-seven years. He has a general practice, consisting of personal injury work, family law, probate, and real estate .
In 1995 Leon Currie of Waterloo, Iowa, contacted Jones. Before this time, Jones had never represented Currie, nor did he know him.
Currie told Jones that he had negotiated a contract with the Nigerian National Petroleum Company to build a pipeline in Nigeria. He also told Jones that he had completed his end of the contract, but had yet to be paid what was owed him—$25,300,000.
Currie told Jones he needed $25,300 to pay for risk insurance for delivery of the $25,300.000. He also told Jones he had obtained most of the $25,300 for the premium, but was short $5000. Currie asked Jones to find a lender to cover this remaining amount. Currie agreed to purchase a two million dollar annuity for Jones if Jones were successful in securing a lender and obtaining payment of the $25,300,000.
Jones did not try to independently verify Currie's story. Instead, he accepted Currie's story at face value.
Currie told Jones that American banks wanted no part of any activities concerning Nigerian ventures because the banks considered such ventures "quite risky." Several banks that Jones contacted confirmed Currie's statement. Jones then tried, unsuccessfully, to borrow the $5000 from several individuals, but they were not interested.
On Saturday, May 17, 1997, Jones contacted Delbert Jones (no relation). Jones has known Delbert for over thirty years, and according to Jones, Delbert "liked to venture into things like this as long as he was satisfied that he could make some money off of it." Jones had represented Delbert in a divorce more than twenty years before but was not representing him at the time of the call. Delbert, a carpenter, is seventy-four years old with a high school education.
Jones told Delbert that Currie was due money on a pipeline contract but needed to pay an insurance premium before receiving payment. Jones told Delbert that, if he, Delbert, loaned Currie $5000 within two days to pay the premium, Currie would repay Delbert $15,000 within thirty days. Jones described the venture as an opportunity "to make some fast money . . . some good money."
In explaining the purpose of the loan, Jones showed Delbert two letters. One letter, dated March 7, 1997, was addressed to Currie and purportedly came from the Nigerian Deposit Insurance Co., Ltd. The letter stated that the company was prepared to issue Currie risk insurance "for delivery of your funds" in the amount of $25,300,000. The letter also stated that the company's liability to Currie commences upon receipt of your commitment of U.S. $25,300, and we guarantee that your funds will be remitted to you insured in conjunction with the Federal Ministry of Finance as soon as we receive your payment confirmation through our established service channel.
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