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ATTORNEY disciplinary
proceeding. Attorney's license revoked.
¶1 PER CURIAM. Attorney Randy J. Wynn
has filed a petition for consensual license
revocation under SCR 22.19.
¶2 Attorney Wynn's license has been
suspended since August 9, 2013, pending
receipt of additional information needed to
render a restitution order. The Office of
Lawyer Regulation (OLR) has provided this
court with the most complete accounting
available and the parties have agreed that
it is a final accounting for purposes of
this petition. Accordingly, we accept the
petition, direct Attorney Wynn to pay
restitution as set forth herein, and revoke
Attorney Wynn's license to practice law in
Wisconsin.
¶3 Attorney Wynn was admitted to the
practice of law in Wisconsin in 1979. He is
a solo practitioner from West Allis who,
until his suspension, worked primarily in
the area of debt collection. He has no
previous disciplinary history.
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¶4 In November 2012 Attorney Wynn self-
reported to the Milwaukee County District
Attorney's Office (MCDA) and to the OLR that
he had stolen money from his IOLTA client
trust account to fund a severe gambling
addiction and to pay personal bills. The
funds in Attorney Wynn's trust account were
generated from money judgments that Attorney
Wynn secured on behalf of various clients.
Attorney Wynn admitted that he had taken a
significant amount of money from his trust
account over the past several years; he was
not certain of the exact amount.
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¶5 In March 2013 Attorney Wynn provided
the MCDA with a partial accounting in which
he identified dozens of clients from whom he
had taken funds totaling $450,923.04. In
May 2013 Attorney Wynn provided the OLR with
a second partial accounting showing that
Attorney Wynn had taken $784,734.87 from
numerous clients. Attorney Wynn estimated
this second partial accounting was "90%
complete."
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¶6 The matter came to our attention in
June 2013 when Attorney Wynn filed his
petition for consensual license revocation.
The OLR supported the petition and provided
the court with a copy of the second partial
accounting. The OLR recommended we require
Attorney Wynn to make restitution to the
persons and entities identified on the
second partial accounting. However, the
parties conceded that specific, accurate
restitution amounts and apportionments were
not readily ascertainable. The OLR asked
the court to calculate set-offs to which
Attorney Wynn may be entitled, and
recommended Attorney Wynn should be required
to verify the funds owed. The OLR also
informed the court that criminal charges
from Milwaukee County were expected and
recommended Attorney Wynn be required to
comply with any future restitution order
that might be entered by the Milwaukee
County circuit court.
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¶7 This court issued an order directing
Attorney Wynn to show cause why his license
should not be temporarily suspended pending
further inquiry to ensure the court had the
most complete accounting possible for
purposes of awarding restitution to injured
clients. Attorney Wynn was temporarily
suspended on August 9, 2013, and the court
subsequently ordered the parties to file
additional information relating to a final
accounting.
¶8 On November 21, 2013, the OLR filed
the requested status update. With the
information provided by the OLR we are
prepared to proceed with Attorney Wynn's
petition.
¶9 We agree that revocation is
warranted and necessary. This has never been
in dispute. Attorney Wynn admitted he used
his law practice to misappropriate over
three-quarters of a million dollars from
numerous persons and entities. Attorney
Wynn acknowledged that he cannot
successfully defend against misconduct
allegations and further acknowledges that he
will owe restitution to the clients he has
harmed. He notes that he is represented by
counsel regarding his criminal liability and
has opted to proceed pro se in this
disciplinary matter. We grant the petition
and we revoke Attorney Wynn's license to
practice law in Wisconsin.
¶10 With respect to restitution, the OLR
informs the court that the second partial
accounting filed with the court in June 2013
remains the most complete accounting
available. We are further advised that the
information in that list has now been
verified by Attorney Wynn; reflects
appropriate offsets due Attorney Wynn; and
is agreeable to the parties to be final for
purposes of this petition. The MCDA has
performed spot-checks and cross-referencing
of the information in the document, and
reported satisfactory results to the OLR.
The OLR adds that Attorney Wynn confirms his
intent to make restitution as set forth
herein, as well as his intent to make
restitution to any other clients who may be
owed money but do not yet appear on any
listing.
¶11 We accept the OLR's recommendation
and we direct Attorney Wynn to make
restitution to the persons and entities and
in the amounts as shown on Exhibit 1-B,
filed by the OLR on November 21, 2013.
¶12 The OLR does not recommend we impose
any further conditions upon Attorney Wynn at
this time. We accept the OLR's explanation
that the issue of appropriate conditions is
best addressed in the context of
reinstatement. Should Attorney Wynn ever
seek reinstatement of his Wisconsin law
license he will be required to prove that he
has made restitution to or settled all
claims of all persons injured or harmed by
his misconduct, including reimbursement to
the State Bar of Wisconsin Lawyers' Fund for
Client Protection for all payments made by
that fund, or, if restitution has not been
made, Attorney Wynn will need to explain his
failure or inability to do so. See SCR
22.29 (4m).
¶13 The filings do not mention costs.
In view of Attorney Wynn's apparent
intention to cooperate fully with
authorities and meet his restitution
obligations we decline to impose costs in
this matter.
¶14 IT IS ORDERED that the license of
Attorney Randy J. Wynn to practice law in
Wisconsin is revoked effective the date of
this order.
¶15 IT IS FURTHER ORDERED that Randy J.
Wynn shall comply with the provisions of SCR
22.26 concerning the duties of an attorney
whose license to practice law has been
revoked, to the extent he has not already
done so.
¶16 IT IS FURTHER ORDERED that Randy J.
Wynn shall pay restitution to the persons
and entities identified in Exhibit 1-B,
filed with the court on November 21, 2013.
¶17 IT IS FURTHER ORDERED that no costs
are imposed in this matter.
¶18 SHIRLEY S. ABRAHAMSON, C.J., did not
participate.
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