LIT COMMENTARY
This rogue Texas lawyer stole funds between 2006-2009. It took till 2014 to indict and then till 2017 for the court to enter judgment, which was a fully probated sentence, restitution etc. In Sept 2020 the Texas Bar only now seeks disbarment.
In 2021, the bald-faced thievin’ lawyer now responds, wherein he admits to a crime of moral turpitude but claims that as the court fully probated his 10 year sentence, he can contest disbarment and that his Texas license to practice law be suspended during the term of his probation.
PETITION FOR COMPULSORY DISCIPLINE TO THE BOARD OF DISCIPLINARY APPEALS:
PUBLISHED BY LIT: FEB 13, 2021
Petitioner, the Commission for Lawyer Discipline (hereinafter called “Petitioner”), brings this action against Respondent, Ramon Gerardo Rios, (hereinafter called “Respondent”), showing as follows:
1. This action is commenced by Petitioner pursuant to Part VIII of the Texas Rules of Disciplinary Procedure. Petitioner is providing Respondent a copy of this Board’s procedures for handling a compulsory discipline matter by attaching a copy of such procedures to this petition.
2. Respondent, Ramon Gerardo Rios, may be served with a true and correct copy of this Petition for Compulsory Discipline, its attachments, as well as a notice of hearing, at Ramon Gerardo Rios, 13809 Research Blvd., Ste. 500, Austin, Texas 78750-1223.
3. On or about July 29, 2014, Respondent was charged by Indictment (Exhibit 1)
in Cause Number D-1-DC-14-900131 styled The State of Texas v. Ramon Gerardo Rios, in the 147th Judicial District Court of Travis County, Texas,
wherein on or about the 20th day of September, 2006, and continuing through the 12th day of February, 2009,
before the presentment of this indictment, in the County of Travis, and State of Texas,
did then and there intentionally, knowingly, or recklessly misapply property, to-wit: United States currency, in the value of more than $100,000 but less than $200,000,
that the said Ramon Gerardo Rios held as fiduciary or as a person acting in a fiduciary capacity but not as a commercial bailee, contrary to an agreement under which the said Ramon Gerardo Rios held the property, and in a manner that involved substantial risk of loss of said property to Ronald Park, Raul Capitaine and Capro Investments, LLC, the owner of said property, and the person for whose benefit the property was held, by diverting company money to himself.
4. On or about August 4, 2017, Respondent was charged by Amended Indictment (Exhibit 2) in Cause Number D-1-DC-14-900131 styled The State of Texas v. Ramon Gerardo Rios, in the 147th Judicial District Court of Travis County, Texas, wherein on or about the 20th day of September, 2006, and continuing through the 30th day of April 2008, before the presentment of this indictment, in the County of Travis, and the State of Texas, did then and there intentionally, knowingly, or recklessly misapply property, to-wit: United States currency, in the value of more than $100,000 but less than $200,000, that the said Ramon Gerardo Rios held as a fiduciary or as a person acting in a fiduciary capacity but not as a commercial bailee, contrary to an agreement under which the said Ramon Gerardo Rios held the property, and in a manner that involved substantial risk of loss of property to Ronald Park, Raul Capitaine and Capro Investments, LLC, the owner of said property, and the person for whose benefit the property was held, by diverting company money to himself.
5. On or about August 4, 2017, a Plea of Guilty, Admonishments, Voluntary Statements, Waivers, Stipulation & Judicial Confession (Exhibit 3) was entered in Cause Number D-1-DC-14-900131 styled The State of Texas v. Ramon Gerardo Rios, in the 450th Judicial District Court of Travis County, Texas, wherein Respondent pleaded guilty to Misapplication of Fiduciary Property, a second degree felony.
6. On or about September 15, 2017, Conditions of Community Supervision (Exhibit 4) was filed in Cause Number D-1-DC-14-900131 styled The State of Texas v. Ramon Gerardo Rios, in the 450th Judicial District Court of Travis County, Texas, wherein Respondent was placed on community supervision for a period of ten (10) years, ordered to pay restitution in the amount of $177,800, complete 100 hours of community service, and receive counseling/treatment designated by the Supervision Officer, have no contact with Ron Park and Raul Capitaine, ordered not to obtain employment in real estate, and have no contact with Capro Investments, LLC.
7. On or about September 22, 2017, an Order of the Court Deferring Further Proceedings (Exhibit 5) was filed in Cause Number D-1-DC-14-900131 styled The State of Texas v. Ramon Gerardo Rios, in the 450th Judicial District Court of Travis County, Texas, wherein;
Respondent was placed on community supervision for a period of ten (10) years, ordered to pay restitution in the amount of $177,800, complete 100 hours of community service, and receive counseling/treatment…
designated by the Supervision Officer, have no contact with Ron Park and Raul Capitaine, ordered not to obtain employment in real estate, and have no contact with Capro Investments, LLC.
8. Attached hereto and made a part hereof for all intents and purposes as if the same were copied verbatim herein, are true and correct copies of the following documents in the Rios criminal case:
Indictment (Exhibit 1), Amended Indictment (Exhibit 2), Plea of Guilty, Admonishments, Voluntary Statements, Waivers, Stipulation & Judicial Confession (Exhibit 3), Conditions of Community Supervision (Exhibit 4), and Order of the Court Deferring Further Proceedings (Exhibit 5). Petitioner expects to introduce certified copies of Exhibits 1 through 5 at the time of hearing of this cause.
9. Respondent, Ramon Gerardo Rios, whose bar card number is 24062966, is the same person as the Ramon Gerardo Rios who is the subject of the Indictment, Amended Indictment, and Plea of Guilty, Admonishments, Voluntary Statements, Waivers, Stipulation & Judicial Confession, described above, true and correct copies of which are attached hereto as Exhibits 1, 2, and 3.
10. Attached hereto as Exhibit 6 and made a part hereof for all intents and purposes as if the same were copied verbatim herein is a true and correct copy of an affidavit of Judith Gres DeBerry, Attorney of Record for Petitioner herein, attesting to the fact that Respondent is the same person as the person who is the subject of the Indictment, Amended Indictment, and Plea of Guilty, Admonishments, Voluntary Statements, Waivers, Stipulation & Judicial Confession, entered in the Rios criminal case. Petitioner expects to introduce the original of said affidavit at the time of hearing of this cause.
11. The offenses for which Respondent was convicted is an intentional crime as defined by Rule 1.06(V), Texas Rules of Disciplinary Procedure. They are as well serious crimes as defined by Rule 1.06(GG), Texas Rules of Disciplinary Procedure.
12. Having pled guilty to an intentional crime, and such judgment being final, Respondent should be disbarred as provided in Rule 8.05, Texas Rules of Disciplinary Procedure.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Petitioner prays that Respondent be given notice of these proceedings as provided by law and, upon hearing of this matter, that the Board enter its order disbarring Respondent and for such other and further relief to which Petitioner may be entitled to receive, including costs of court and attorney’s fees.
Respectfully submitted,
Seana Willing
Chief Disciplinary Counsel
Judith Gres DeBerry
Assistant Disciplinary Counsel
Office of the Chief Disciplinary Counsel
STATE BAR OF TEXAS
P.O. Box 12487,
Capitol Station Austin,
Texas 78711-2487
Telephone: 512.427.1350
Facsimile: 512.427.4167
Email: jdeberry@texasbar.com
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RESPONDENT’S FIRST ORIGINAL ANSWER
Comes now, Respondent, Ramon Gerardo Rios, and files this, his First Original Answer, showing as follows:
I.
The Petition for Compulsory Discipline correctly identifies the Respondent as the same lawyer who has been convicted of the offense identified as “Misapplication of Fiduciary” in Exhibits 1 and 2 to the Petition for Compulsory Discipline on file in this case.
II.
Respondent does not contest that Misapplication of Fiduciary may be properly classified as an offense that involves moral turpitude for Texas attorney disciplinary purposes.
III.
Respondent respectfully shows that the sentence imposed upon him in Cause No. D-1-DC-14900131, as demonstrated by review of Exhibit 3 to the Petition for Compulsory Discipline, is fully probated.
Accordingly, Mr. Rios is entitled to resist disbarment and instead seek the suspension of his law license in the manner permitted by Rule 8.06,
Texas Rules of Disciplinary Procedure , and In re Caballero, 272 S.W. 3d 595 (Tex. 2008).
WHEREFORE, PREMISES CONSIDERED, Respondent respectfully prays that, after consideration of evidence and the argument of counsel, this honorable tribunal enter judgment that his Texas license to practice law be suspended during the term of his probation and that he have such other and further relief to which he is entitled in law or equity.
Respectfully submitted,
LAW OFFICE OF STEVEN L. LEE, P.C.
1411 West Ave., Suite 100 Austin, Texas 78701
Phone (512) 215-2355
Fax (512) 857-8108
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