Kokomo, Vincennes attorneys disciplined for mismanaging trusts

Two Indiana attorneys have been suspended from the practice of law for mismanaging and overdrafting their trust accounts, Indiana Supreme Court justices announced in separate orders.

The high court ordered the suspension of two Hoosier lawyers late Friday after the Indiana Supreme Court Disciplinary Commission and each attorney respectively submitted for approval a statement of circumstances and conditional agreement for discipline stipulating agreed facts and proposed discipline. One of the suspensions was stayed under a monitoring agreement.

Mark D. Geheb of Vincennes stipulated to have pervasively mismanaged his trust account between 2016 and 2018, including failing to maintain adequate records, over drafting the account, commingling client and attorney funds, and converting client funds for his own personal use. Geheb additionally failed to timely and fully cooperate with the commission’s investigation against him.

Supreme Court justices agreed with the commission that Geheb’s conduct violated 10 ethical rules, including:

• Rule of Professional Conduct 1.15(a)

• Rule 1.15(c)

• Rule 8.1(b)

• Rule 8.4(b)

• Rule 8.4(c)

• Ind. Admission and Discipline Rule 23(29)(a)(4)

• Rule 23(29)(a)(5)

• Ind. Admission and Discipline Rule 23(29)(a)(1)

• Rule 23(29)(a)(2)

• Rule 23(29)(c)(2)

Geheb is suspended from the practice of law in Indiana for no less than six months without automatic reinstatement, effective immediately.

Geheb, who is already under an indefinite suspension for noncooperation in a separate cause, can petition for reinstatement at the end of his minimum suspension period if he has paid the costs of the proceedings, fulfilled the duties of a suspended attorney and satisfied the requirements for reinstatement under Admission and Discipline Rule 23(18).

Similarly, Kokomo attorney Steven K. Raquet of Raquet, Vandenbosch & Steele overdrafted his trust account on three occasions in late 2017. Inquiry as to the overdrafts led to the commission’s discovery that Raquet’s firm’s bookkeeper, who had replaced Raquet’s wife in that role several months earlier, had made multiple deposits into incorrect accounts.

Raquet hired a certified public accountant to perform an audit, which revealed both errors and theft committed by the bookkeeper, who later pleaded guilty to Level 5 felony theft and Level 6 felony forgery. The audit also revealed that Raquet had held earned funds in his trust account over a period of years totaling a more than $5,000.

The high court agreed with the commission in its Friday order that Raquet’s conduct violated five professional conduct rules, including:

• Rule of Professional Conduct 1.15(a)

• Rule 1.15(b)

• Rule 5.3(b)

• Ind. Admission and Discipline Rule 23(29)(c)(1)

• Rule 23(29)(c)(4)

Raquet, who has been the subject of one prior disciplinary action, received a 180-day suspension from the practice of law, stayed subject to the competition of 18 months of probation. Under the terms of his probation, among other things, any trust account maintained by Raquet will be monitored by a commission-approved CPA who will make detailed quarterly reports to the commission.

Raquet’s probation shall remain in effect until it is terminated pursuant to a petition to terminate probation filed under Admission and Discipline Rule 23(16).

Costs of the proceedings in each case were assessed against the attorneys.