in the Matter of Hendrickx H. Toussaint ( 2014 )

FINAL COPY
294 Ga. 439S14Y0112. IN THE MATTER OF HENDRICKX H. TOUSSAINT.
PER CURIAM.
This disciplinary matter is before the Court on the report and
recommendation of the special master, Patrick H. Head, who recommends that
the Court accept the petition for voluntary surrender of license filed by
Respondent Hendrickx H. Toussaint (State Bar No. 723334), after the State Bar
filed a Formal Complaint against him. In the petition Toussaint admits that he
violated Rule 1.15 (I) of the Georgia Rules of Professional Conduct, see Bar
Rule 4-102 (d).
In the petition Toussaint admits that he agreed to serve as escrow agent for
transactions between companies seeking to acquire, rehabilitate and resell 36
residential properties. In connection therewith Toussaint received fiduciary
funds from one of the companies to be used in the transactions. Between July
2009 and April 2010, Toussaint conducted over 60 counter transactions on his
trust account involving fiduciary funds and failed to keep records regarding the
source of the deposits or the payees on the withdrawals. Toussaint currently is
the subject of a federal criminal investigation for his conduct related to these
transactions. Toussaint admits that he violated Rule 1.15 (I) when he failed to
keep complete records regarding the transactions. The State Bar and the special
master recommend that the Court accept Toussaint’s petition for voluntary
surrender of his license.
We have reviewed the record and accept the petition for voluntary
surrender of Toussaint’s license to practice law in Georgia. As a voluntary
surrender of license is tantamount to disbarment, see Bar Rule 4-110 (f), we
hereby order that the name of Hendrickx H. Toussaint be removed from the rolls
of persons entitled to practice law in the State of Georgia. He is reminded of his
duties under Bar Rule 4-219 (c).
Voluntary surrender of license accepted. All the Justices concur.
Decided January 21, 2014.
Voluntary surrender of license.
Paula J. Frederick, General Counsel State Bar, Jenny K. Mittelman,
Assistant General Counsel State Bar, for State Bar of Georgia.
Lawrence E. Diamond, for Toussaint.
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