## Facts

- John B. Rishel, III was admitted to the Colorado bar in 1984 and was subject to discipline under C.R.C.P. 251.1(b).
- The People of the State of Colorado, through Attorney Regulation Counsel, filed two disciplinary complaints (Nos. 01PDJ051 and 01PDJ064) that were consolidated for trial.
- A hearing was held on February 4, 2002 before the Presiding Disciplinary Judge and a Hearing Board; Rishel filed answers but did not appear in person or by counsel.
- Rishel organized or participated in a Colorado Rockies season-ticket pool in which members paid him money so he could purchase season tickets for division among the group.
- In January 2000, Rishel told Joann Baum‑McCarthy and her husband that their share for the 2000 season was $1,176 and requested immediate payment by cashier’s check rather than the personal checks used in prior years.
- The McCarthys paid; Rishel cashed the cashier’s check but did not purchase the tickets, did not deliver tickets, and did not return the money.
- After the McCarthys contacted the Rockies’ ticket office, they learned Rishel had not purchased the tickets; Rishel then ignored their inquiries.
- Thomas M. Dunn, another member of the ticket pool, paid Rishel $1,105.76 in late 1998 and early 1999 for a share of tickets but never received them.
- Instead of providing Dunn his tickets, Rishel gave Dunn’s tickets to someone else and failed to respond to Dunn’s efforts to obtain either the tickets or a refund.
- In June 2000, Rishel filed for personal bankruptcy; information from the filing showed he had spent money received from the McCarthys and Dunn.
- The People alleged, among other misconduct, that Rishel engaged in dishonesty, fraud, deceit, or misrepresentation through misappropriation, and that he committed a criminal act reflecting adversely on his honesty or fitness (theft).
- Rishel contended he did not commit misappropriation or theft because he did not intend to deprive the ticket-pool members of their money permanently.

## Issues

1. Whether Rishel’s taking and use of the McCarthys’ and Dunn’s ticket-pool payments, without buying tickets and without refunding the money, constituted knowing conversion and dishonest conduct in violation of the Colorado Rules of Professional Conduct.
2. Whether the same conduct constituted a criminal act involving theft for disciplinary purposes, even if Rishel claimed he lacked intent to permanently deprive the victims of their money.
3. What sanction was appropriate under the ABA Standards for Imposing Lawyer Sanctions and Colorado disciplinary precedent given the nature of the misconduct and the aggravating and mitigating circumstances.

## Decision

- The Hearing Board found the People proved the charged misconduct by clear and convincing evidence.
- The Board determined Rishel knowingly converted funds entrusted to him for a specific purpose and engaged in dishonest conduct connected to both ticket-pool matters.
- The Board rejected Rishel’s attempt to avoid responsibility by claiming a lack of intent to permanently deprive; the conversion and dishonest-use findings rested on his receipt of funds, failure to use them as promised, and failure to account for or return them.
- Applying the ABA Standards and Colorado discipline decisions, the Board concluded disbarment was the proper sanction for knowing conversion and related dishonesty.
- The Board ordered Rishel disbarred and also ordered restitution and assessed costs as part of the disciplinary order.

## Legal Principles

- Attorney discipline charges must be proven by clear and convincing evidence.
- A lawyer’s receipt of funds for a specified purpose, followed by intentional use of those funds for the lawyer’s own purposes and failure to return or account for them, constitutes knowing conversion.
- Conduct involving dishonesty, fraud, deceit, or misrepresentation—especially when tied to mishandling of entrusted funds—warrants the most severe sanctions.
- Under ABA Standard 4.11, disbarment is generally appropriate when a lawyer knowingly converts client or third-party property and causes injury or potential injury, absent meaningful mitigation.
- In evaluating sanction, disciplinary tribunals consider aggravating factors such as multiple victims, a pattern of similar conduct, harm caused, and nonparticipation in the disciplinary process.

## Conclusion

In *People v. Rishel*, 50 P.3d 938 (2002), the Colorado Office of the Presiding Disciplinary Judge disbarred attorney John B. Rishel, III after finding by clear and convincing evidence that he took money from ticket-pool participants to buy Colorado Rockies season tickets, failed to buy or deliver the tickets, spent the funds, and then failed to communicate, account, or make repayment. Applying the Colorado Rules of Professional Conduct and the ABA Standards, the Hearing Board treated the misconduct as knowing conversion and dishonesty and imposed disbarment, along with restitution and costs, to protect the public and the integrity of the profession.


People v. Rishel, 50 P.3d 938 (2002)