Disciplinary counsel urges disbarment of Wynn; respondent tells Washington Supreme Court he lacked criminal intent

The Washington Supreme Court heard arguments May 28, 2024, in In Re Wynn, a disciplinary appeal in which the Office of Disciplinary Counsel (ODC) asked the court to affirm the disciplinary board's unanimous recommendation that the respondent be disbarred. Henry Cruz, appearing for the ODC, told the court the board found respondent had embezzled "hundreds of thousands of dollars of client and investor funds," engaged in intentional misrepresentations and conflicts of interest, and that those findings warranted disbarment.

Why it matters: Disbarment would end the lawyer's ability to practice and follows findings the hearing officer and board concluded involved conversion of funds, a fraudulent reconveyance deed, and false accounting. The high court's decision will determine whether the board's credibility assessments and sanction recommendation must be upheld.

Cruz summarized the board's findings and sanction reasoning, telling the court the record supports substantial evidence of unauthorized transfers and concealment of three transactions that were omitted from an accounting provided to investors. "The disciplinary board unanimously recommended respondent's disbarment for embezzling hundreds of thousands of dollars of client and investor funds for committing fraudulent acts…