Rockingham lawyer disbarred for embezzlement

by Matthew Sasser Editor

ROCKINGHAM — Rockingham lawyer J. Brent Garner has been disbarred from the North Carolina State Bar.

According to a June disciplinary hearing commission, Garner, who was admitted to the NC State Bar in 2003, misappropriated entrusted funds, made misrepresentations to the Grievance Committee, improperly disbursed entrusted funds, did not properly maintain entrusted funds, did not conduct required trust account reconciliations and reviews, and did not maintain other required trust account records.

According to the order of discipline, Garner embezzled $5,900 from ten separate clients with amounts as high as $2,000. The minimum amount was for $100.

“Garner knowingly disbursed to himself or caused to be disbursed to himself the funds…” states the document.

Additionally, Garner issued a check to himself from a client’s estate for $6,763.52 in December of 2018. A week later, there was a deficit of at least $8,000 from the client’s funds. Three checks for resolved court costs and fines in traffic cases, each for $263, were issued to the Anson County Clerk of Court from some of the embezzled funds. There was insufficient funds for these checks.

In the course of the grievance investigation, Garner responded in a March 29, 2019, letter that he “was intending to place an asset into the estate account that [he] believed was not there yet” and that he “did not pay attention to the deposit slip [he] was using.”

This statement was found to be contradictory to the information written on the checks from the account. Upon examination, the state bar found that Garner had misused other entrusted funds, improperly deposited funds and failed to conduct required reviews and trust account records.

“By knowingly disbursing to himself or causing to be disbursed to himself funds to which he was not entitled from [the ten client accounts] Garner committed criminal acts (embezzlement) that reflect adversely on his honesty, trustworthiness, or fitness in other respects in violation of Rule 8 .4(b) and engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation that reflects adversely 011 the lawyer’s fitness as a lawyer,” states the disciplinary hearing commission. “By knowingly attempting to disburse $6,763.52 from the Estate Account…For no purpose beneficial to the Estate and where it would have been used for the benefit of Garner and/or Garner’s clients, Garner committed criminal acts (attempted embezzlement) that reflect adversely on his honesty, trustworthiness, or fitness.”

From court documents, the “Findings of Fact Regarding Discipline” listed that Garner was deceptive in his responses to inquiries from the grievance committee.

“Garner refused to acknowledge the wrongful and intentional nature of his misconduct,” states the committee, adding that Garner introduced letters from 10 members of the legal community, including three district court judges, one superior court judge and the Richmond County Sheriff, who all spoke highly of his good character and reputation.

A hearing committee determined that “a censure, reprimand, admonition, or suspension would be insufficient discipline because of the gravity of the significant harm and the potential significant harm caused by Defendant’s conduct to the profession and the public.”

Garner is prohibited from handling entrusted funds and was disbarred effective July 7, 2023. Garner must pay all administrative fees and costs from the proceedings. The order of discipline was signed by Shannon R. Joseph, chair of the disciplinary hearing panel.

A phone call to the Law Offices of J. Brent Garner indicated that the number had been disconnected.

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Rockingham lawyer disbarred for embezzlement