2010 WI 106
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Case No.: |
2010AP1047-D |
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In the Matter of Disciplinary Proceedings Against Thomas H. Koch, Attorney At Law: Office of Lawyer Regulation, Complainant, v. Thomas H. Koch, Respondent. |
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DISCIPLINARY PROCEEDINGS AGAINST KOCH |
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Opinion Filed: |
August 25, 2010 |
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2010
WI 106
notice
This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports.
ATTORNEY disciplinary proceeding. Attorney's license revoked.
¶1 PER CURIAM. Attorney Thomas H. Koch has filed a petition for consensual license revocation pursuant to SCR 22.19.[1] He states he cannot successfully defend against the professional misconduct allegations being investigated by the Office of Lawyer Regulation (OLR). The OLR initiated an investigation with respect to one count of theft contrary to Wis. Stat. § 943.20(1)(b), involving Attorney Koch's conversion of over $2,400,000 in subrogated funds he collected on behalf of a client.
¶2 Attorney Koch was admitted to the practice of law in
¶3 On February 22, 2010, Attorney Koch was charged in Milwaukee
County circuit court with one felony count of violating Wis. Stat. § 943.20(1)(b), Theft-Business
Setting greater than $10,000. Attorney
Koch converted for his own use funds that he collected on behalf of his client
beginning in November 2001 and continuing until September 2008.[2] Attorney Koch directed third parties to make
subrogated claim settlement checks payable to him or to his trust account so
that he could convert some or all of the settlement funds. Attorney Koch's client has calculated over
$2,400,000 of its funds were collected by Attorney Koch. According to the criminal complaint, Attorney
Koch admitted he has stolen huge amounts of settlement money owed to his
client. He explained he gambled away
almost all of the embezzled money at local casinos.
¶4 Attorney
Koch states he freely, voluntarily, and knowingly files his petition for the
consensual revocation of his license to practice law in
¶5 Attorney
Koch acknowledges that if this court grants his petition and revokes his
license to practice law in
¶6 The
OLR recommends this court grant Attorney Koch's petition and revoke his
¶7 We accept Attorney Koch's petition for consensual license
revocation and we revoke Attorney Koch's license to practice law in
¶8 IT IS ORDERED that the license to practice law of Thomas H. Koch is revoked, effective the date of this order.
¶9 IT IS FURTHER ORDERED that, to the extent he has not already done so, Thomas H. Koch shall comply with the provisions of SCR 22.26 concerning the duties of an attorney whose license to practice law has been revoked.
¶10 IT IS FURTHER ORDERED that as a condition of reinstatement of his license to practice law in Wisconsin, Thomas H. Koch shall demonstrate he has made full restitution to or settled all claims of persons harmed by the misconduct subject of this proceeding as set forth in the complaint.
[1] SCR 22.19 provides, in part: Petition for consensual license revocation.
(1) An attorney who is the subject of an investigation for possible misconduct or the respondent in a proceeding may file with the supreme court a petition for the revocation by consent or his or her license to practice law.
(2) The petition shall state that the petitioner cannot successfully defend against the allegations of misconduct.
. . .
(5) The supreme court shall grant the petition and revoke the petitioner's license to practice law or deny the petition and remand the matter to the director or to the referee for further proceedings.
[2]