March 2002

Disciplinary Notices

These notices of imposition of disciplinary sanctions and actions are published pursuant to Rule 11.2(c)(4) of the Supreme Court's Rules for Lawyer Discipline, and pursuant to the February 18, 1995 policy statement of the WSBA Board of Governors.

Pursuant to Rule for Enforcement of Lawyer Conduct 3.6(b), file materials relating to a matter concluded with an admonition may be destroyed five years after the admonition was issued. In admonition matters, it is the WSBA's policy to remove the disciplinary notice from the Washington State Bar News website archive five years after the admonition was issued, regardless of whether the WSBA's file materials are destroyed.

For a complete copy of any disciplinary decision, call the Washington State Disciplinary Board at 206-733-5926, leaving the case name and your address, or electronically submit your requests at http://pro.wsba.org/forms/publicrequest.asp. A list of recent disciplinary notices is available on the WSBA Website.

William Wheeler (WSBA No. 11557, admitted 1981), of Bellevue, has been disbarred by order of the Supreme Court approving a stipulation, effective June 30. The discipline is based on his acts of fraud, dishonesty and misrepresentation while attempting to arrange a world-class boxing match in 1991 and 1992.

In 1991, Mr. Wheeler and a business partner operated a boxing promotion company named Wheeler and Associates (W&A). In February, W&A agreed to assist a Chinese corporation (CX) in planning a world-class boxing event in China, agreeing to act as agent for CX. Later in 1991, a disagreement regarding W&A's compensation developed. When CX asked for the names of W&A's directors, Mr. Wheeler provided a false response, naming two individuals who were not directors of W&A.

In December 1991, CX and W&A signed a supplemental agreement providing that CX would advance $700,000 for Mr. Wheeler to sign boxer George Foreman. Mr. Wheeler did not sign Mr. Foreman, but used the money for personal and business expenses. When Mr. Wheeler suggested that the main event involve two other fighters, CX agreed, and the parties signed another agreement in March 1992. This agreement was signed in both Chinese and English. The Chinese version was four pages and did not contain any fee provisions for W&A. The English version contained five pages, the last of which included an $850,000 fee for W&A. Mr. Wheeler caused CX's president, who could not read English, to sign this last page without knowledge of the fee.

In March 1992, Mr. Wheeler delivered two signed boxing services agreements to CX. These agreements purported to be signed by the agents of the two main-event fighters. In fact, Mr. Wheeler's business partner had forged the signatures at Mr. Wheeler's direction. Mr. Wheeler falsely told CX that he had advanced $1.8 million dollars of W&A's money to secure the two main-event fighters. On April 21, CX wired $1 million to Mr. Wheeler's personal account.

On May 1, 1992, Mr. Wheeler told CX, falsely, that the two main-event boxers' contracts were cancelled to avoid a $5.6 million-dollar charge, because W&A and CX had not rescheduled the boxing match. Mr. Wheeler also falsely told CX that the $2.4 million already advanced to the two fighters was forfeited as a result of the cancellation of the boxing match. On May 11, knowing that he would not be able to sign the two main-event fighters, Mr. Wheeler allowed CX to announce the fight in a press conference in China.

During May, Mr. Wheeler continued to demand that CX reimburse him for the money he falsely claimed to have paid the fighters. On May 16, CX wired $600,000 to Mr. Wheeler's personal bank account and another $800,000 on May 18. On May 27, Mr. Wheeler transferred $1 million to an investment account. Mr. Wheeler continued to press CX for more money, indicating that if he did not receive $400,000 "there will be no event."

In August 1992, Mr. Wheeler and his business partner were in Beijing, meeting with the CX representatives. Mr. Wheeler and his partner gave CX a false letter of credit, to show that they had obtained funding for the television pay-per-view contracts. Mr. Wheeler's partner drafted the letter on bank stationery, and Mr. Wheeler signed a fictitious name as bank chairman. Later, Mr. Wheeler told CX that the letter was only a sample. On the way home from Beijing, Mr. Wheeler vacationed in Europe, financing his trip mostly with money from the $3.1 million provided by CX.

On August 24, Mr. Wheeler and his business partner split the remaining funds. A former employee of Mr. Wheeler and his partner contacted CX and suggested that they ask for an accounting. In response to CX's requests for cancelled checks and receipts, Mr. Wheeler produced a false report stating that $1.2 million had been advanced to each main-event fighter and that the money had been forfeited due to cancellation. Mr. Wheeler paid one fighter's manager $70,000 at most, and made no payments to the other.

Mr. Wheeler's conduct violated RPCs 8.4(a), prohibiting lawyers from knowingly assisting others to violate the RPCs; 8.4(c), prohibiting lawyers from engaging in conduct involving dishonesty, fraud, deceit or misrepresentation; RLD 1.1(a), prohibiting lawyers from committing acts involving moral turpitude, dishonesty, corruption or other acts reflecting disregard for the rule of law; RLD 1.1(c) and APR 5(d), prohibiting lawyers from violating the oath or duties as a lawyer; and RLD 1.1(p), prohibiting lawyers from engaging in conduct demonstrating unfitness to practice law.

Linda Eide and Anne I. Seidel represented the Bar Association. Mr. Wheeler represented himself.

Ronald W. Anderson (WSBA No. 7418, admitted 1977), of Lakewood, has received a censure pursuant to a stipulation approved by the Disciplinary Board on November 30, 2001. This discipline is based on his disclosure of client secrets and confidences in 2000. (Note: Ronald W. Anderson is to be distinguished from Ronald M. Anderson of Bellevue and Ronald E. Anderson of Bremerton.)

Mr. Anderson represented a client who sustained a closed brain injury in a collision. The client's ex-wife alleged that the client threatened her in the courtroom after a December 2000 hearing. Mr. Anderson agreed to represent the client in his ex-wife's anti-harassment petition; a hearing was set for January 9, 2001. On December 27, 2000, Mr. Anderson wrote the client that he would not continue to represent him unless the $9,776 balance owed on attorney's fees was paid by January 3, 2001. On January 8, the client left a voice-mail terminating Mr. Anderson's services. Mr. Anderson practiced out of his home and used the same telephone number for home and work.

At the beginning of the January 9, 2001 hearing, Mr. Anderson submitted a motion to withdraw from representing the client. His supporting declaration stated that the client "left a voice-mail at home" and that the client was "highly intoxicated and agitated." Mr. Anderson's declaration also stated that he and his wife were afraid of the client. Subsequently, Mr. Anderson sued the client for unpaid fees. In the lawsuit, Mr. Anderson filed a "confidential memorandum" that he had previously sent to the client. The memorandum discussed the client's "substance abuse and sales of controlled substances," prior criminal record, and harassment of the defendants in the personal injury suit.

Mr. Anderson's conduct violated RPC 1.6, prohibiting a lawyer from revealing confidences or secrets relating to representation of a client unless the client consents after consultation.

Anne I. Seidel represented the Bar Association. Mr. Anderson represented himself.