Robert L. Steuk (2007)

currently pending in the Attorney Discipline Office against Mr. Steuk.

4. The three above referenced matters (two complaints and one referral) are

2007, as a result of the events underlying this Stipulation.

3. Mr. Steuk has been suspended from the practice of law since August 15,

03833.

Steuk's current address is 9 Ranawit Road, Exeter, New Hampshire

61, Bedford, New Hampshire 03110 (hereinafter"Warranty Title"). Mr.

Warranty Title Company, Inc., 40 South River Road, Bedford Place, Unit

2. At all times material to this proceeding, Mr. Steuk worked as an officer of

Steuk was admitted to practice in 1973.

1. Mr. Steuk is an attorney licensed to practice law in New Hampshire. Mr.

Steuk, and Mr. Steuk's counsel, Mark F. Weaver, and stipulate as follows:

Hampshire Supreme Court Attorney Discipline Office, along with Robert L.

NOW COME Landya B. McCafferty, Disciplinary Counsel of the New

Steuk, Robert L. advs. Gerard J. Gambino -

Steuk, Robert L. advs. Gerald N. Audet -

Steuk, Robert L. advs. Attorney Discipline Office -

In the Matter of Robert L. Steuk -

11. On August 9, p. 2 2007, Mr. Steuk reported to Chicago Title the above facts.

Account as a result of insufficient funds.

checks were in the process of being returned to Warranty's Trust

money from Warranty's Trust Account, approximately twenty-five ( p. 2 25)

10. As of August 9, p. 2 2007, and as a result of Mr. Steuk's removal of this

equity loan transactions and paying proceeds to sellers of real estate.

existing mortgages, providing cash to borrowers for refinance and/ or

various entities and individuals for the general purposes of paying off

not due to Warranty Title was being held by it in trust and on behalf of

9. The money Mr. Steuk removed from Warranty's Trust Account that was

Title that were rightfully transferred to Warranty's Operating Account.

although Warranty's Trust Account did also hold funds due to Warranty

8. The money at issue did not belong to either Mr. Steuk or Warranty Title,

"W arran ty's Operating Account").

Trust Account") and into Warranty Title's Operating Account (hereinafter

out of Warranty Title's Escrow/Trust Account (hereinafter"Warranty's

funds, estimated by the claimants to total approximately $450,000.00

approximately six months (February - August p. 2 2007), Mr. Steuk moved

7. The underlying facts are summarized as follows. Over a period of

6. Each matter stems from the same set of underlying facts.

any of the three cases.

5. The Attorney Discipline Office has not yet issued a Notice of Charges in p. 3 3

into his account at Franklin Savings Bank. On August 11, 2007,

On August 8,2007, Mr. Audet deposited the check from Warranty Title

Title issued Mr. Audet a check for $58,612.00 (as extra cash to close).

at 264 Lakeshore Drive in Franklin. As part of the closing, Warranty

17. On May 2 p. 3 3,2007, Mr. Audet attended a real estate closing on his home

16. Gerald N. Audet is the Complainant in matter #07-04l.

transferred to Warranty's Operating Account.

Warranty Title, had been removed from Warranty's Trust Account and

2007, an estimated $450,000.00, which did not belong to Mr. Steuk or

15. The records provided to Chicago clearly show that, as of August 10,

Operating Account.

transfer of money out of Warranty's Trust Account and into Warranty's

on Warranty's Trust Account that were"bouncing" due to Mr. Steuk's

numerous telephone calls from consumers who were given checks drawn

14. Shortly thereafter, Chicago Title Insurance Company began receiving

Warranty Title's real estate transactions.

1 p. 3 3. Chicago Title Insurance Company provided the title insurance for

Company.

Trust and Operating Accounts) were provided to Chicago Title Insurance

financial reports for Warranty Title (including statements for Warranty's

Weaver, attorney for Mr. Steuk and Warranty Title, the bank records and

12. On August 10,2007, with the permission of Mr. Steuk and Mark F. p. 4 4

is based on the same set of underlying facts discussed above.

22. Matter #07-0 p. 4 40 is an Attorney Discipline Office generated complaint that

a result of his actions.

admits that he is not able to cover all of the checks that did not clear as

Gambino and Mr. Audet to cover the checks that did not clear, but

21. Mr. Steuk has since caused replacement funds to be sent to both Mr.

the funds in Warranty's Trust Account.

occurred as a direct result of Mr. Steuk's failure to properly safeguard

20. Mr. Audet and Mr. Gambino are examples of the kinds of losses that

Warranty Title check was returned due to insufficient funds.

Savings Bank in Lunenburg, Massachusetts. Shortly thereafter, the

deposited the Warranty Title check into his account at North Middlesex

Warranty Title for $ p. 4 47,179.67. Following the closing, Mr. Gambino

Gam bino exchanged the deed to the real estate for a check from

estate located in Northwood to one Paul Cain. At the closing, Mr.

Portsmouth office of Warranty Title. Mr. Gambino sold a piece of real

19. On August 2, 2007, Mr. Gambino attended a real estate closing at the

18. Gerard J. Gambino is the Complainant in matter #07-051.

had been returned due to insufficient funds.

Franklin Savings Bank informed Mr. Audet that the Warranty Title check p. 5 5

charges by clear and convincing evidence, Rule 37 A(III)(d);

Discipline Office would have the burden of proving the

counsel and contest the charges, and at which the Attorney

Committee, at which Mr. Steuk could be represented by

(c) to have an evidentiary hearing before the Hearings

(b) to file an Answer to any such charging document, id.;

Rule 37 A(III)(b);

(a) to notice of the charges in the form of a Notice of Charges,

Sup. Ct. R. 37 and 37 A, including but not limited to his rights:

26. Mr. Steuk further waives any and all of his procedural rights under N.H.

him.

both the state and federal constitutions on the matters pending against

2 p. 5 5. In so doing, Mr. Steuk waives any and all of his due process rights under

appropriate sanction for his misconduct.

24. Mr. Steuk concedes that disbarment from the practice of law is the

Title was holding as fiduciary and in trust for third persons.

Conduct 1. 1 p. 5 5(a) by failing to properly safeguard funds which Warranty

there is clear and convincing evidence that he violated N.H. R. Prof.

23. Mr. Steuk concedes that, in matters #07-040, #07-041 and #07-0 p. 5 51, p. 6 6

pray that this Honorable Court:

WHEREFORE, the Attorney Discipline Office and Mr. Steuk respectfully

disbarment from the practice of law.

once the Court approves this stipUlation and orders Mr. Steuk's

docket #'s 07-040, 07-041, 07-051) referenced herein become public

matters (i.e., all ADO file materials excluding the ADO's work product in

32. Mr. Steuk agrees that this document and the three attorney discipline

Order of Disbarment in his pending cases.

31. Mr. Steuk consents to Disbarment and asks the Court to impose an

Conduct Committee in the investigation and prosecution of this matter.

30. Mr. Steuk agrees to pay the expenses incurred by the Professional

rights knowingly, voluntarily and on the advice of counsel.

29. Mr. Steuk signs this Stipulation and waives all of the aforementioned

had the assistance of his counsel, Mr. Weaver.

28. In deciding to sign this Stipulation and waive these rights, Mr. Steuk has

of the referenced matters and ordering his disbarment.

Mr. Steuk violated N.H. R. Prof. Conduct 1. 15(a) in connection with each

in any other jurisdiction, an order of this Honorable Court finding that

27. Mr. Steuk further waives his rights to challenge on any basis, in this, or

(e) to oral argument before to the Supreme Court thereafter, id.

on issues decided by the Hearings Committee, id.; and

(d) to oral argument before the Professional Conduct Committee p. 7 7

Dated: October J!, 200 p. 7 7 BY:~uk __

Dated: October 11, 200 p. 7 7 By:

(D) Grant such other relief as is fair and in the public interest.

(C) Issue an Order disbarring Mr. Steuk; and

(B) Grant this Consent to Disbarment;

matters #0 p. 7 7-040, #07-041, and #07-051;

(A) Find that Mr. Steuk violated N.H. R. Prof. Conduct 1. 15(a) in