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¶19 Attorney Bant appeals. In
conducting our review, we will affirm the
referee's findings of fact unless they are
found to be clearly erroneous, but we will
review the referee's conclusions of law on a
de novo basis. See In re Disciplinary
Proceedings Against Inglimo, 2007 WI 126,
¶5, 305 Wis. 2d 71, 740 N.W.2d 125. The
court may impose whatever sanction it sees
fit regardless of the referee's
recommendation. See In re Disciplinary
Proceedings Against Widule, 2003 WI 34,
¶44,
261 Wis. 2d 45, 660 N.W.2d 686.
¶20 In her appellate briefing, Attorney
Bant challenges the referee's disciplinary
recommendation as tainted by various factual
missteps. She argues that the referee
clearly erred by describing her fabricated
seminar receipt as a fabricated seminar
"flyer" that she showed her supervisor when
they first discussed the prospect of her
attending the seminar. This errant factual
description, Attorney Bant says, led the
referee to the mistaken conclusion that the
trip to the seminar was a ruse from the
outset, when this is not so: she had
genuinely planned to go to the seminar, but
was unable to attend because she mixed up
the dates. The referee also erred, Attorney
Bant claims, by assuming that at the time
she submitted the fabricated seminar receipt
for reimbursement on October 31, 2016, she
could have actually attended the seminar on
November 3 and 4, 2016, and simply chose not
to do so. There is no evidence that she
could have actually attended the conference
on those dates, Attorney Bant claims.
Attorney Bant also faults the referee for
stating that the evidence suggests her
misconduct was financially motivated;
Attorney Bant insists her motivation was job
preservation, as she testified at the
evidentiary hearing. Attorney Bant also
claims that the referee wrongly believed she
was projecting blame on others for her
misconduct. To the contrary, she says, she
has "only endeavored to explain how, as a
new attorney in her first attorney job, the
combination of a toxic corporate environment
and a manipulative supervisor eroded her
good judgment."
¶21 Attorney Bant further argues that
the cases cited by the referee——Shea and
Siderits——are distinguishable. Both
involved misappropriation of more money than
that involved in this case, by more
experienced attorneys, through courses of
misconduct that spanned far longer than
hers. Attorney Bant contends that other,
more analogous cases call for a 60-day
suspension, such as In re Disciplinary
Proceedings Against Davig Huesmann, 2018
WI
114, 385 Wis. 2d 49, 922 N.W.2d 498 (2018)
(60-day suspension for numerous trust
account violations, including the conversion
of over $13,000), In re Disciplinary
Proceedings Against Bartz, 2015 WI 61, 362
Wis. 2d 752, 864 N.W.2d 881 (60-day
suspension for, among other things, failure
to disburse settlement funds and
misappropriation of trust funds, resulting
in a restitution order of over $3,000), In
re Disciplinary Proceedings Against Kitto,
2018 WI 71, 382 Wis. 2d 368, 913 N.W.2d 874
(60-day suspension for mishandling funds and
converting about $10,000 of funds to
personal use), and In re Disciplinary
Proceedings Against Casey, 174 Wis. 2d
341,
342–43, 496 N.W.2d 94, 95 (1993) (60-day
suspension for misappropriation of three
client retainers, totaling $2,300).
Attorney Bant insists that in the face of
these cases, a six-month suspension for her
misconduct would be "arbitrarily harsh."
¶22 Finally, Attorney Bant argues that
the referee's recommendation for a
psychological examination was inappropriate
for a number of reasons, including the
absence of evidence in the record regarding
her mental health.
¶23 In its appellate briefing, the OLR
disputes Attorney Bant's arguments, with
limited exceptions. It concedes that the
referee should not have described the
fabricated seminar receipt that Attorney
Bant submitted for reimbursement as a
"flyer" that she showed her supervisor to
obtain permission to attend the seminar in
the first place. The OLR submits, however,
that this mistake had no bearing on the
referee's ultimate disciplinary
recommendation. The referee correctly
determined that Attorney Bant's conduct in
creating and submitting the falsified
receipt was intentional, fraudulent, and
deserving of a lengthy suspension,
especially in light of the surrounding
circumstances; e.g., her lies to her
supervisor when caught; her submission of
false hotel receipts for reimbursement on
two separate occasions, months apart; her
continued attempt to blame her misconduct on
her work environment and her supervisor; and
her decision to submit a fabricated seminar
receipt at a time (October 31, 2016) when
she could have still registered for the
early November seminar. The OLR also cites
a variety of cases in support of a six-month
suspension, including Siderits,
Shea, and In
re Disciplinary Proceedings Against
Glasbrenner, 2005 WI 50, 280 Wis. 2d 37,
695
N.W.2d 291 (six-month suspension for
associate who overbilled the state public
defender's office on appointed cases as a
result of sloppy billing habits). The OLR
agrees with Attorney Bant, however, that
there is no cause for her to undergo a
psychological assessment now, and suggests
that the need for such an assessment can be
addressed during any future reinstatement
proceeding.
¶24 After conducting our review, we find
no basis to conclude that the referee's
findings of fact are clearly erroneous, with
one minor exception that has no bearing on
whether Attorney Bant engaged in misconduct
deserving of a six-month suspension. As
mentioned above, Attorney Bant insists, and
the OLR agrees, that the referee incorrectly
described Attorney Bant's seminar
documentation as a fabricated "flyer" that
she showed her supervisor in order to obtain
permission to attend the seminar, when the
document was actually a fabricated seminar
registration receipt that she uploaded to
her employer's expense reporting system to
obtain reimbursement. We fail to see how
such differences matter. Whether one labels
the fabricated seminar document a "receipt"
or a "flyer," and whether Attorney Bant
submitted the document to her supervisor or
her company's procurement department, the
core, undisputed facts remain the same:
Attorney Bant submitted a phony document to
her employer in order to perpetuate a ruse
that she would be traveling to New Orleans
to attend a seminar that she knew she would
not actually attend. We note, too, that
while Attorney Bant criticizes various
aspects of the referee's factual discussion,
she does not directly challenge any other
factual findings by the referee as clearly
erroneous. Thus, we accept and adopt all
but the referee's finding that Attorney Bant
showed her supervisor an altered seminar
"flyer" in order to obtain permission to
attend the seminar, and we hold that this
single erroneous finding is immaterial to
the outcome.
¶25 As for the referee's legal
conclusions of misconduct, we note that
while Attorney Bant attempts to downplay the
severity of her misconduct, she does not
claim that the facts as found by the referee
fail to satisfy the elements of the two
counts against her. Our review of the
matter leads us to agree with the referee
that the facts of this case establish a
conclusion of misconduct on each of the two
counts alleged by the OLR.
¶26 Turning now to the question of the
proper level of discipline, we agree with
the referee's recommendation for a six-month
license suspension. Our precedent
demonstrates that this court takes a dim
view of a lawyer's creation and use of false
documentation for the purpose of misleading
others. For example, in In re
Disciplinary
Proceedings Against Donovan, 211 Wis. 2d
451, 564 N.W.2d 772 (1997), this court
imposed a six-month license suspension on an
attorney who filed false documents with the
court in order to obtain favorable treatment
for an acquaintance and for a former
boyfriend in cases she was prosecuting as a
municipal attorney. In In re Disciplinary
Proceedings Against Spangler, 2016 WI 61,
370 Wis. 2d 369, 881 N.W.2d 35, this court
imposed a six-month suspension on an
attorney who created an array of
meticulously faked documents to support
false representations made to his clients
that their lawsuits were pending when in
fact they were not. We particularly noted
in Spangler that the misconduct involved
was
not "a passive type of error," but was
rather "an affirmative act of deception and
a betrayal of the trust" others had placed
in the respondent-lawyer. Id., ¶36.
¶27 Donovan, Spangler, and this
case are
alike in significant ways. In all three
cases, the lawyers committed affirmative
acts of deception by creating false
documentation for the sole purpose of
misleading others. In all three cases, the
lawyers had no disciplinary history.
See
Donovan, 211 Wis. 2d at 456;
Spangler,
370
Wis. 2d 369, ¶3. In all three cases, the
lawyers and the OLR reached stipulations as
to the lawyers' misconduct. See
Donovan,
211 Wis. 2d at 452; Spangler, 370 Wis.
2d
369, ¶¶16-18. In all three cases,
restitution was not an issue: Attorney
Donovan did not benefit financially from her
misconduct, and Attorney Spangler, like
Attorney Bant, had already paid restitution
by the time this court issued its
disciplinary decision. See Donovan,
211
Wis. 2d at 456; Spangler, 370 Wis. 2d
369,
¶37. In all three cases, the lawyers
demonstrated remorse. See Donovan,
211 Wis.
2d at 457; Spangler, 370 Wis. 2d 369,
¶37.
¶28 To be sure, the cases are not
exactly alike. Attorney Donovan filed false
documents with the court, see
Donovan, 211
Wis. 2d at 452, whereas Attorney Bant
fabricated documents intended only for her
company's internal use. Attorney Spangler
perpetuated a ruse that went on for years,
see Spangler, 370 Wis. 2d 369, ¶¶7-
28,
whereas Attorney Bant's subterfuge was
comparatively brief. The number of counts
of misconduct alleged and proven against
Attorney Bant (two) is less than the number
of misconduct counts involved in Donovan
(three) and in Spangler (seven).
See
Donovan, 211 Wis. 2d at 454-56;
Spangler,
370 Wis. 2d 369, ¶¶1-2.
¶29 In the end, however, we find the
misconduct here to be sufficiently analogous
to that in Donovan and Spangler to
justify
the same suspension length: six months.
Like the respondent-lawyers' conduct in
Donovan and Spangler, Attorney
Bant's
conduct was laced with calculated
dishonesty, from the time of the first false
hotel receipt she submitted in June 2016
through the time, in December 2016, she
submitted an assortment of meticulously
faked receipts purporting to establish her
visit to a city in which she had not stepped
foot, for a conference she could not
possibly have attended. When her employer
questioned her story, she doubled down on
it, drafting a detailed fictional account of
her time in New Orleans and claiming to have
been physically assaulted there. Although
Attorney Bant argues on appeal that her
misconduct was not as severe as it seems——a
misguided attempt to cover-up a scheduling
error in a difficult work environment——the
referee found this explanation incredible;
he wrote that "there does not appear to be"
a "fathomable factual nexus between her
conduct and the explanation she has given."
This is not the forum for reweighing
Attorney Bant's credibility. See In
re
Disciplinary Proceedings Against Lister,
2010 WI 108, ¶32, 329 Wis. 2d 289, 787
N.W.2d 820 (referee is the ultimate arbiter
of credibility).
¶30 The public, the courts, and the
Wisconsin legal profession deserve the
assurance that, before Attorney Bant resumes
practice, she will have successfully
demonstrated to this court that she has made
efforts to remedy the causes of her
misbehavior. The six-month suspension
justified by our case law is therefore
necessary. See SCR 22.28(3).
¶31 We depart, however, from the
referee's recommendation that Attorney Bant
undergo a psychological assessment at this
time. We see no basis for a psychological
assessment.
¶32 Because Attorney Bant has already
made full restitution to her former
employer, no restitution award is sought,
and none is ordered.
¶33 Finally, as is our general practice,
we impose full costs on Attorney Bant, which
total $10,177.91 as of July 11, 2019.
Neither the OLR nor Attorney Bant challenges
the imposition of full costs.
¶34 IT IS ORDERED that the license of
Beth M. Bant to practice law in Wisconsin is
suspended for a period of six months,
effective January 29, 2020.
¶35 IT IS FURTHER ORDERED that within 60
days of the date of this order, Beth M. Bant
shall pay to the Office of Lawyer Regulation
the costs of this proceeding, which are
$10,177.91 as of July 11, 2019.
¶36 IT IS FURTHER ORDERED that, to the
extent that she has not already done so,
Beth M. Bant shall comply with the
provisions of SCR 22.26 concerning the
duties of a person whose license to practice
law in Wisconsin has been suspended.
¶37 IT IS FURTHER ORDERED that
compliance with all conditions with this
order is required for reinstatement.
See
SCR 22.29(4)(c).
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