A choice to steal $300,000 from clients marked a bitter end to what prosecutors called a stellar legal career.
Paul
Dykstra, a disgraced Paramus attorney, stood humbly in Superior Court
in Hackensack on Friday and acknowledged that his 44 years in practice
could be reduced to the crime that ended it.
“Shame is probably the biggest thing I feel right now,” Dykstra said, declaring he would accept whatever punishment he received.
A
Superior Court judge took into account Dykstra’s recent disbarment, and
responded by sparing him a jail sentence and ordering five years of
probation, three if he makes full restitution.
Dykstra,
70, had enjoyed a healthy general law practice in Hasbrouck Heights
that focused on real estate litigation, according to Raymond Flood, his
attorney. He had no prior criminal record or blemishes in is legal
career. Yet, he swiftly consented to disbarment following his arrest in April 2018.
Flood noted that Dykstra already took out a reverse mortgage to repay most of the funds and still owes $40,000.
“He’s done everything he possibly could to make the victims whole,” Flood said. “His life is in shambles, his career is over.”
But
Judge Christopher Kazlau said the theft was also a crime against the
profession and violated the trust clients place in their attorneys.
“Although they have been paid, that doesn’t obviate the harm and impact,” Kazlau said.
Dykstra admitted
he had pocketed money that clients were expecting from a real estate
deal and funded a personal business venture. When the clients pressed
him for answers, he said the checks were lost in the mail, according to
an affidavit of probable cause.
Dykstra,
however, gave a different story when questioned by authorities,
claiming the money was in his possession but could not be released until
he completed a “lost-check” process with the state’s Office of Attorney
Ethics, according to court documents.
He was
arrested and charged with misapplication of entrusted funds and
hindering an investigation, but he pleaded guilty to a third-degree
theft charge.
A Google search of Dykstra’s practice lists the firm as “permanently closed.”
“It’s tragic all the way around,” David Malfitano, an assistant prosecutor, said.
Full Article & Source:
Paramus lawyer who stole client funds spared jail, gets probation
Spare the lawyers every time. Judges are card-carrying lawyers so it makes sense.
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