Quincy attorney disbarred by Illinois Supreme Court
7 months, 3 weeks ago
Devin Cashman cannot practice law for three years; Felony case is on the December jury docket
Quincy attorney Devin Cashman has been disbarred by the Illinois Supreme Court.
Cashman was named in a complaint last year with the Illinois Attorney Registration and Discipline Commission that alleges he used client funds without permission for personal use. He has been charged with Theft over $100,000, a Class 1 felony, He has pleaded not guilty and is free on $50,000 bond. Pre-trial motions for the case are set for November 16.
Adams County State's Attorney Jon Barnard has recused himself from the case, citing a personal relationship with Cashman. Ed Parkinson will serve as the special prosecutor and Judge Eric Pistorius from the Seventh Judicial Circuit has been assigned to the case.
According to the ARDC Website, Cashman was disbarred on consent. The disbarment took place on September 17 and is in place for three years. Cashman can then apply for reinstatement.
The statement of charges show that Cashman’s bank records from his trust account and the checking account of the Estate of Elizabeth L. Wilkins, court records, and the testimony of Marcia Bower and Craig Cherington would establish the following facts:
A. Conversion and presentation of false evidence in the Wilkins Estate
1. Between 2008 and 2009, while Cashman was the attorney for Marcia Bower, the representative in the Estate of Elizabeth L. Wilkins, Deceased, in the Circuit Court of Adams County, he used at least $162,571.75 in proceeds belonging to that estate by drawing and negotiating checks payable to himself or to cash from his trust account. Between May 2008 and November 2009, Cashman wrote 16 checks payable to himself or to cash from his trust account from the estate. Cashman used the funds for his own business or personal expenses without the authority of the estate's representative or the court.
2. In October 2009, Cashman prepared a final report of the independent representative in the Wilkins case. At Cashman's request, the executor signed the report, and Cashman filed it. The report falsely stated that the estate's assets had been distributed to the persons entitled to receive them under the decedent's will.
B. Conversion from the Lichtenberg Estate
3. In 2010, Cashman was holding funds on behalf of Craig Cherington, the executor in the Meta Lichtenberg estate, which was pending in Adams County. Between March 2010 and June 2010, Movant used $15,250 of the funds belonging to the Meta Lichtenberg estate by writing seven checks to himself out of his trust account. Cashman used the funds without the authority of the estate's representative or the court.
C. Conversion of Moneys Held for Taxes for the Lichtenberg Estate and Elsie Lichtenberg
4. In 2011, Cashman was holding funds on behalf of Elsie Lichtenberg, and on behalf of the Meta Lichtenberg estate for the purposes of paying income taxes. Between April 2011 and July 2011, Movant used $19,250 of the funds belonging to Elsie Lichtenberg and the Meta Lichtenburg estate, by writing five checks to himself out of his trust account. Cashman used the funds without the authority of the estate's representative or Elsie Lichtenberg.
5. By reason of the conduct described above, Cashman has engaged in the following misconduct:
- offering evidence (the final report in the Wilkins estate) the lawyer knows is false, in violation of Rule 3.3(4) of the Illinois Rules of Professional Conduct (1990);
- conduct involving dishonesty, fraud, deceit, or misrepresentation, in violation of Rule 8.4(a)(4)(1990) and 8.4(c)(2010) of the Illinois Rules of Professional Conduct;
- conduct that is prejudicial to the administration of justice, in violation of Rule 8.4(a)(5) (1990) and 8.4(d)(2010) of the Illinois Rules of Professional Conduct; and
- conduct which tends to defeat the administration of justice or to bring the courts or the legal profession into disrepute.