IN THE MATTER OF MANDEL, 776 N.E.2d 1215 (Ind. 2002)

776 N.E.2d 1215

IN THE MATTER OF DEREK L. MANDEL.

No. 49S00-9904-DI-227Supreme Court of Indiana.
October 29, 2002

ORDER APPROVING STATEMENT OF CIRCUMSTANCES AND CONDITIONAL AGREEMENT FOR DISCIPLINE
Pursuant to Ind. Admission and Discipline Rule 23, Section 11, the Indiana Supreme Court Disciplinary Commission and the respondent have submitted for approval a Statement of Circumstances and Conditional Agreement for Discipline stipulating a proposed discipline and agreed facts as summarized below:

Facts: The parties agree that the respondent frequently traveled by air for particular client’s business. In one instance, the respondent traveled on client business with a ticket purchased using frequent flyer miles. The respondent, however, submitted an expense memorandum to his law firm claiming that he purchased the ticket with his personal credit card. The firm reimbursed the respondent and billed the client for the ticket. For other business travel for the same client, the respondent incurred expensed on his personal credit card, but did not seek reimbursement. The parties agree that the client did not suffer any direct out-of-pocket economic loss because of the respondent’s conduct.

Violations: By submitting an expense memorandum that contained false and misleading information, the respondent violated Ind.Professional Conduct Rule 8.4(c), which prohibits attorneys from engaging in conduct involving dishonestly, fraud deceit or misrepresentation.

Page 1216

Discipline: Public reprimand.

The Court, having considered the submission of the parties, now APPROVES and ORDERS the agreed discipline. Costs of this proceeding are assessed against the respondent.

The Clerk of this Court is directed to forward a copy of this Order to the hearing officer and in accordance with the provisions of Admis.Disc.R. 23, Section 3(d).

All Justices concur.