The Akron Legal News

Attorney who submitted fake check as evidence he paid taxes is suspended

ANNIE YAMSON
Special to the Legal News
Published: December 21, 2016

The Ohio Supreme Court recently imposed a stayed one-year suspension from the practice of law on an Akron attorney who was the subject of a civil action for delinquent taxes.

The lawyer, Timothy Harman Champion, was admitted to the practice of law in the state in 1988.

Last year, the city of Akron filed a civil action against Champion for the collection of $544 in delinquent municipal income taxes plus interest and costs.

Court documents state that, in response, Champion "repeatedly made false statements claiming that he had paid the taxes and submitted to the city a fraudulent copy of a canceled check that purported to show partial payment of the taxes he owed."

An investigation by the city's tax department resulted in a finding that the check Champion had submitted as proof of his payment had been altered.

Champion admitted that the check was a fake and subsequently submitted payment in the full amount owed plus additional collections costs incurred by the city.

The city also demanded that Champion self-report his conduct to the Supreme Court's Disciplinary Counsel but Champion failed to do so and the city's attorney filed a grievance against him.

The Board of Professional Conduct subsequently found that Champion engaged in conduct involving dishonesty, fraud, deceit or misrepresentation in violation of the Rules of Professional Conduct.

In its per curiam opinion on the matter, the state's high court considered the stipulated facts of the case as well as the aggravating factor of Champion's dishonest motive.

"As mitigating factors, the parties agreed and the board found that Champion does not have a prior disciplinary record, made full and free disclosure to the board, and presented evidence of his good character and reputation apart from the charged misconduct," the high court wrote.

In it's recommendation to the Supreme Court, the board acknowledged that the high court typically requires attorneys who have engaged in illegal and dishonest conduct to serve an actual suspension from the practice of law.

"But citing three cases in which we imposed fully stayed suspensions for misconduct involving dishonesty, fraud, deceit, or misrepresentation, the board adopted the parties' stipulation that Champion should be suspended from the practice of law for one year, fully stayed on the condition that he engage in no further misconduct," the court wrote.

After considering Champion's misconduct and the sanctions imposed for similar infractions, the high court's majority agreed with the board that a fully stayed one-year suspension would be the appropriate sanction.

"Accordingly, Timothy Harman Champion is hereby suspended from the practice of law for one year, fully stayed on the condition that he engage in no further misconduct," the majority wrote. "If Champion fails to comply with the condition of the stay, the stay will be lifted and he will serve the full one-year suspension."

Justice William O'Neill was the sole dissent, writing in favor of remanding the cause to the Board of Professional Conduct in order for it to consider increasing the severity of the sanction.

The case is cited Disciplinary Counsel v. Champion, Slip Opinion No. 2016-Ohio-8023.

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