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ATTORNEY reinstatement proceeding.
Reinstatement granted upon conditions.
¶1 PER CURIAM. We review, pursuant to
Supreme Court Rule (SCR) 22.33(3), a report
filed by Referee James W. Mohr, Jr.,
recommending that the court reinstate the
license of Richard A. Kranitz to practice
law in Wisconsin. Upon careful review of
the matter, we agree that Attorney Kranitz's
license should be reinstated, with the
conditions described herein. We agree that
Attorney Kranitz should be responsible for
the costs of this proceeding, which total
$3,142.97.
¶2 Attorney Kranitz was licensed to
practice law in Wisconsin in 1969. He
practiced corporate law in the Milwaukee and
Grafton areas. He had no disciplinary
history until the matter giving rise to this
proceeding.
¶3 In 2013, Attorney Kranitz was
convicted of one count of conspiracy to
commit securities fraud in violation of 18
U.S.C. § 1348, 1349, and 2. See
United States v. Kranitz, CR No. 11-
10415-NMG (D. Mass.). He was sentenced to
18 months at a federal prison camp in
Duluth, Minnesota, and served 14 of the 18
months, receiving time off for good
behavior.
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¶4 The conviction resulted in the
summary suspension of his license to
practice law pursuant to SCR 22.20.
Thereafter, this court accepted a
stipulation executed by Attorney Kranitz and
the OLR, and suspended Attorney Kranitz's
license to practice law for two years for
the professional misconduct giving rise to
the federal felony conviction. In re
Disciplinary Proceedings Against Kranitz,
2014 WI 47, 354 Wis. 2d 710, 848 N.W.2d 292.
¶5 In March 2016, Attorney Kranitz
filed a petition seeking reinstatement of
his law license. In June 2016, the OLR
filed a response stating it did not oppose
the reinstatement petition. The referee
conducted a public hearing in July 2016. At
the hearing, Attorney Kranitz testified on
his own behalf and called several witnesses,
including several business associates,
attorneys, and clients who knew, worked, or
practiced law with him. The referee filed
his report and recommendation in August
2016, recommending reinstatement. No appeal
was filed.
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¶6 SCR 22.31(1) provides the standards
to be met for reinstatement. Specifically,
the petitioner must show by clear,
satisfactory, and convincing evidence that
he or she has the moral character to
practice law, that his or her resumption of
the practice of law will not be detrimental
to the administration of justice or
subversive to the public interest, and that
he or she has complied with SCR 22.26 and
the terms of the order of suspension. In
addition, SCR 22.31(1)(c) incorporates the
statements that a petition for reinstatement
must contain pursuant to SCR 22.29(4)(a)-
(4m). Thus, the petitioning attorney must
demonstrate that the required
representations in the reinstatement
petition are substantiated.
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¶7 When reviewing referee reports in
reinstatement proceedings, we utilize
standards of review similar to those we use
for reviewing referee reports in
disciplinary proceedings. We do not
overturn a referee's findings of fact unless
they are clearly erroneous. On the other
hand, we review a referee's legal
conclusions, including whether the attorney
has satisfied the criteria for
reinstatement, on a de novo basis. In re
Disciplinary Proceedings Against Jennings,
2011 WI 45, ¶39, 334 Wis. 2d 335, 801 N.W.2d
304; In re Disciplinary Proceedings
Against Gral, 2010 WI 14, ¶22, 323 Wis. 2d
280, 779 N.W.2d 168.
¶8 The referee found that Attorney
Kranitz demonstrated by clear, satisfactory,
and convincing evidence all of the
requirements for reinstatement of his
Wisconsin law license. The referee found
that Attorney Kranitz has not practiced law
during the period of his suspension; that he
has complied fully with the terms of the
order of suspension and will continue to do
so until his license is reinstated; that he
has maintained competence and learning in
the law; that his conduct since the
suspension has been exemplary and above
reproach; that he has a proper understanding
of and attitude toward the standards that
are imposed upon members of the bar and will
act in conformity with those standards; and
that he can be safely recommended to the
legal profession, the courts, and the public
as a person fit to be consulted by others
and to represent them and otherwise act in
matters of trust and confidence and in
general to aid in the administration of
justice as a member of the bar and an
officer of the courts.
¶9 The referee urged reinstatement of
Attorney Kranitz's license to practice law,
conditioned upon his compliance with the
terms of two consent orders issued by the
United States Securities and Exchange
Commission that are included in the record
in this matter. See In re Richard
Kranitz, Securities & Exch. Comm'n, No. 3-
16149 (Sec. Exch. Act of 1934, Release No.
73169, Sept. 22, 2014)
(https://www.sec.gov/litigation/admin/2014
/34-73169.pdf); In re Richard Kranitz,
Securities & Exch. Comm'n, No. 3-16149 (Sec.
Exch. Act of 1934, Release No. 73170, Sept.
22, 2014)
(https://www.sec.gov/litigation/admin/2014
/34-73170.pdf). The consent orders
provide that Attorney Kranitz is suspended
from appearing or practicing before the
Securities and Exchange Commission pursuant
to Rule 102(e)(2) of the Commission's Rules
of Practice, and is barred from acting as an
officer or director of any public
corporation registered under the Exchange
Act, and barred from participating in any
capacity in any offerings of penny stocks.
The referee noted that Attorney Kranitz is
aware of both of those consent orders and
has stated he will abide by them.
¶10 In rendering his recommendation, the
referee noted that Attorney Kranitz was
sincere, forthright, credible, and entirely
candid in his testimony. Attorney Kranitz
affirmed that he will not do any further
securities work, but stated that he would
like to train clients and others in various
types of financing transactions; and to do
contract, estate planning, mergers and
acquisitions, and other family corporation
type transactions. The referee noted that
Attorney Kranitz is "more than current" in
all of his continuing legal education
requirements, having taken more ethics
credits than were required and has educated
himself regarding the variety of criminal
law issues involved in securities and
corporate law practice.
¶11 The referee noted that several
witnesses appeared on behalf of Attorney
Kranitz, including attorneys who have known
Attorney Kranitz for a long time, and former
clients. The referee was particularly
impressed by the clients' testimony. They
described the extremely high ethical, moral
and character standards that Attorney
Kranitz adhered to prior to the indictment.
Although each of them was very surprised to
hear of the indictment, they all testified
that their exceedingly high opinion of
Attorney Kranitz's character had not
decreased and that they would still use him
as their attorney, and would refer other
clients to him. They described him as an
exceptionally qualified attorney who can
render a valuable service to the small
business community in Wisconsin. The two
attorneys who testified in support of
Attorney Kranitz's reinstatement were
equally laudatory in their testimony. They
support his reinstatement petition and
praised his extensive knowledge base, which
they deem an asset to small businesses in
this state.
¶12 Upon review of the record, we agree
that Attorney Kranitz has established by
clear, satisfactory, and convincing evidence
that he has satisfied all the criteria
necessary for reinstatement. Accordingly,
we adopt the referee's findings of fact and
conclusions of law and we accept the
referee's recommendation that we reinstate
Attorney Kranitz's license to practice law
in Wisconsin, subject to the conditions
imposed by the consent orders described
herein.
¶13 The referee recommended that
Attorney Kranitz should pay the costs
associated with this reinstatement
proceeding, which total $3,142.97 as of
August 17, 2016. Our general practice is to
assess full costs against the respondent in
a disciplinary proceeding, or against the
petitioner in a reinstatement proceeding.
See generally SCR 22.24(1), (1m); see
also In re Disciplinary Proceedings
Against Webster, 2002 WI 100, ¶¶51-52, 255
Wis. 2d 323, 647 N.W.2d 831. We see no
reason to deviate from our standard policy
here and we impose the costs of this
proceeding on Attorney Kranitz.
¶14 Finally, we note that Attorney
Kranitz, whose license is suspended, has
assumed inactive membership status with the
State Bar of Wisconsin. Although his
license to practice law is reinstated,
effective the date of this order, Attorney
Kranitz is reminded that he must make
arrangements with the State Bar of Wisconsin
to resume active or emeritus status before
he resumes the active practice of law.
¶15 IT IS ORDERED that the license of
Richard A. Kranitz to practice law in
Wisconsin is reinstated, effective the date
of this order.
¶16 IT IS FURTHER ORDERED that, as a
condition of his reinstatement and as a
condition of his continued practice of law,
Attorney Kranitz is subject to the terms of
two consent orders, the terms of which bar
him from appearing or practicing before the
Securities and Exchange Commission pursuant
to Rule 102(e)(2) of the Commission's Rules
of Practice, bar him from acting as an
officer or director of any issuer that has a
class of securities registered pursuant to
Section 12 of the Securities and Exchange
Act, 15 U.S.C. s. 781, or that is required
to file reports pursuant to Section 15(d) of
the Securities and Exchange Act, 15 U.S.C.
s. 78o(d), and bar him from participating in
any offering of a penny stock, including:
acting as a promoter, finder, consultant,
agent, or other person who engages in
activities with a broker, dealer or issuer
for purposes of the issuance or trading in
any penny stock, or inducing or attempting
to induce the purchase or sale of any penny
stock.
¶17 IT IS FURTHER ORDERED that Richard
A. Kranitz shall promptly advise the Office
of Lawyer Regulation of any change to the
terms of the consent orders referenced in
this opinion.
¶18 IT IS FURTHER ORDERED that within 60
days of the date of this order, Richard A.
Kranitz shall pay to the Office of Lawyer
Regulation costs in the amount of $3,142.97.
¶19 IT IS FURTHER ORDERED that
compliance with all of the terms of this
order remain a condition of Richard A.
Kranitz's license to practice law in
Wisconsin.
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