Thomas J. Tessier (2008)

File CniigA. Calamah, C.PA RobertChristy, Esquire ThOmas,J. Tessier, Esquire Landya 13. ivIcCafferty, Esquire James L. DeHart, Administrator Stephen J. Patterson, Esquire Distribution:

DATE: December 24, 2008

Broderick, C.J., and D~anis, Galway and Hicks, JJ.; concurred.

and pros~cution of this matter.. expense~incurred by the Professional Conduct Committee in the investigation the practice of law in New Hampshire. Attorney Tessier is hereby assessed all THEREPORE, the court orders that Thomas J. Tessier be disbarred from

disbarment and orders that Attorney Tessier be disbarred. Having reviewed the p8Ities' stipUlation, the court grants the consent to

Supreme Court Rules 37 and 37 A.". matters pending against him, and waived all of his procedural rights under charges brought against him, waived all of his due process rights on the voluntarily and with the advice of counsel, waived his right toa hearing on the disbarment by the court. In agreeing to disbarment, Attorney Tessier, counsel, filed a Consent to Disbarment in which Attorney Tessier agreed to dl"scipJinary counsel, and Attorney Thomas J. Tessier, personally and, through On December 23, 2008, the Attorney Discipline Office, through

LD-2008-0002, In the Matter of Thomas,I. Tessier

4. On October p. 2 10,2008, Disciplinary Counsel issued a Notice of

Consent to Disbarment.

March p. 2 19,2008, as a result of the allegations underlying this

3. Mr. Tessier has been suspended from the practice of law since

Hampshire in p. 2 1963.

2. Mr. Tessier was admitted to practice law in the State of New

Salmon Street, Manchester, New Hampshire 03 p. 2 104.

p. 2 1. Thomas J. Tessier was a partner at Christy and Tessier PA, 37

Garfunkel, Esq., and stipulate as follows:

with Thomas J. Tessier, and Mr. Tessier's counsel, David A.

New Hampshire Supreme Court Attorney Discipline Office, along

NOW COME Landya B. McCafferty, Disciplinary Counsel of the

Tessier, Thomas J. advs. Attorney Discipline Office

In the Matter of Thomas J. Tessier

that hearing and agree to his disbarment by the Court.

charges in the Notice of Charges, Mr. Tessier desires to waive

law. Rather than exercise his right to have a hearing on the

9. Mr. Tessier does not contest disbarment from the practice of

Charges.

8. Ms. Tessier waives his right to a hearing on the Notice of

Manchester, New Hampshire.

MacDonald, Esq., of the law firm of Nixon Peabody, LLP, in

Discipline Office dated March 17, p. 3 2008, from Gordon J.

7. The genesis of both matters was a referral to the Attorney

underlying allegations.

6. Matters LD- p. 3 2008-0002 and #08-016 stem from the same set of

hereto as Exhibit p. 3 2.

self-incrimination. A copy of Mr. Tessier's Answer is attached

Charges by asserting his Fifth Amendment privilege against

5. On November 1 p. 3 2,2008, Mr. Tessier answered the Notice of

attached as Exhibit 1.

Charges in matter #08-016. The Notice of Charges is hereto p. 4 3

in this, or in any other jurisdiction, an order of this Court

12. Mr. Tessier further waives his rights to challenge on any basis,

thereafter. Id.

(c) to briefing and oral argument before the Supreme Court

Committee, id.; and

Conduct Committee on issues decided by the Hearings

(b) to briefing and oral argument before the Professional

p. 4 37A(III)(d);

the charges by clear and convincing evidence, Rule

Disciplinary Counsel would have the burden of proving

counsel and contest the charges and, at which,

Committee, at which Mr. Tessier could be represented by

(a) to have an evidentiary hearing before the Hearings

to his rights:

under N.H. Sup. Ct. R. p. 4 37 and 37 A, including but not limited

11. Mr. Tessier further waives any and all of his procedural rights

matters pending against him.

rights under both the state and federal constitutions on the

10. In so doing, Mr. Tessier waives any and all of his due process p. 5 4

(B) Issue an Order disbarring Mr. Tessier; and

(A) Grant this Consent to Disbarment;

respectfully pray that this Honorable Court:

WHEREFORE, the Attorney Discipline Office and Mr. Tessier

prosecution of this matter shall be assessed against him.

Professional Conduct Committee in the investigation and

15. Mr. Tessier agrees that the expenses incurred by the

advice of counsel.

the aforementioned rights knowingly, voluntarily and on the

1 p. 5 4. Mr. Tessier signs this Consent to Disbarment and waives all of

Mr. Garfunkel.

these rights, Mr. Tessier has had the assistance of his counsel,

13. In deciding to sign this Consent to Disbarment and waive

Disbarment.

ordering his disbarment pursuant to this Consent to p. 6 5

Dated: ~@')vem:s@r _~ 2008 By: --tr---r--r--------- ~C<!~"'2

Dated: t'te"v'eH'tbCF)~, 2008 By: _---.:.~~~...:-~~+ __ ~ P4~"~'"

Dated: Nmrt'lH'tber /1, 2008 By: ? -"',""'-. ~

interest.

(C) Grant such other relief as is fair and in the public p. 7 6

Report."

Notice of Charges. Mr. Calaman's audit report is hereafter referred to as"Audit

Notice of Charges and is hereby incorporated into, and made a part of, this

2001, through March 31, 2008. Mr. Calaman's audit report is attached to this

September 19, 2008. Mr. Calaman's audit covered the period from January 1,

completed his audit and has set forth his conclusions in a report dated

accounts and operating account of Christy and Tessier, PA. Mr. Calaman has

appointed Craig A. Calaman, CPA, to conduct an audit of the trust! escrow

In an Order dated March 17, 2008, the New Hampshire Supreme Court

as the disciplinary rules alleged to have been violated.

sets forth both the allegations of misconduct against Thomas J. Tessier, as well

Court Rule 37A(III)(b)(2). In accordance with that Rule, this Notice of Charges

This Notice of Charges is issued pursuant to New Hampshire Supreme

as"Thaddeus."

Thaddeus Jakobiec, Jr. Thaddeus Jakobiec, Jr. is hereinafter referred to

Manchester. She had only two heirs: her sons, Dr. Jakobiec and

6. At the time of her death, Beatrice resided at 560 Candia Road in

the faculty at Harvard Medical School.

at the Massachusetts Eye and Ear Infirmary, and a tenured member of

residing in Boston, Massachusetts, and was the Chief of Ophthalmology

Beatrice's probate administration. At that time, Dr. Jakobiec was

5. On or about May 14,2001, Dr. Jakobiec asked Mr. Tessier to handle

intestate.

May 11, 2001, at the age of 8 p. 8 7, Beatrice died. She apparently died

4. Dr. Jakobiec's mother, Beatrice Jakobiec, was Mr. Tessier's aunt. On

Tessier to draft a will for him.

3. In or about August 198 p. 8 7, Frederick A. Jakobiec, M.D., retained Mr.

years.

2. Mr. Tessier and Robert Christy, Esq., have been law partners for over 40

this Notice of Charges,"Mr. Tessier" refers to Thomas J. Tessier.

P.A., 3 p. 8 7 Salmon Street, Manchester, New Hampshire 03104. Throughout

this proceeding, Mr. Tessier operated his law office as Christy & Tessier,

Mr. Tessier was admitted to practice in 1963. At all times material to

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

signature is witnessed by Mr. Christy and Mr. Tessier. The document

document bears a signature that purports to be that of Thaddeus. The

document acknowledging each provision of the document. The

Power of Attorney for Health Care." Thaddeus's initials appear on the

12. The document was executed on June 24,2002, and is entitled,"Durable

power of attorney for Thaddeus.

health care power of attorney that purported to name Mr. Tessier as

Estate as its lawyer/administrator, Mr. Tessier created a fraudulent

11. In June 2002, as Mr. Tessier was attempting to gain control over the

Creation of a Fraudulent Power of Attorney (POAl)

commission of fraudulent acts.

engaged in various acts which were fraudulent or which facilitated the

10. Following his appointment as Administrator of the Estate, Mr. Tessier

The Beatrice Jakobiec Estate is hereinafter referred to as"the Estate."

Court assigned docket #2002-1201 to the Estate of Beatrice Jakobiec.

County Probate Court appointed him to administer her Estate. The

Estate of Beatrice Jakobiec and, on June 26, 2002, the Hillsborough

9. In or about June 2002, Mr. Tessier filed the paperwork to administer the

Mr. Tessier is Appointed to Administer the Estate

Dr. Jakobiec, as joint tenants with rights of survivorship.

p. 9 8. At the time of her death, Beatrice owned the Candia Road property with

Thaddeus has been completely blind since birth.

7. Thaddeus had resided with his mother at the Candia Road property. p. 10 9

then notarized the forged signature.

20. Mr. Tessier forged Thaddeus's signature on the TJ Trust Agreement and

1 p. 10 9. Thaddeus never signed the TJ Trust Agreement.

agreement as the"TJ Trust Agreement."

18. This trust is hereinafter referred to as the"TJ Trust," and the trust

Trustee.

17. The trust agreement also bears the signature of Michael Tessier, as

Thaddeus. The signature is notarized by Mr. Tessier.

16. The trust agreement bears a signature purporting to be that of

as"Michael Tessier."

Jakobiec Irrevocable Trust." Michael E. Tessier is hereinafter referred to

Tessier's brother) as Trustee. The trust was entitled,"The Thaddeus

agreement naming Thaddeus as the grantor and Michael E. Tessier (Mr.

15. Also on June 24, 2002, Mr. Tessier created a fraudulent trust and trust

Creation of Fraudulent Trust for Thaddeus

initials. Mr. Tessier bore false witness to Thaddeus's signature on POAI.

14. Mr. Tessier forged Thaddeus's signature on POAl, and forged Thaddeus's

capable of writing a typical signature.

and initials to POAl. Thaddeus's blindness prevents him from being

document. Thaddeus never gave anyone permission to sign his name

13. Thaddeus never signed POAI nor did he put his initials anywhere on the

This document is hereinafter referred to as"POAl."

was notarized by Debra L. Johnson, a secretary at Mr. Tessier's office. p. 11 10

Smillie Trust.

25. As of June 26, 2002, Michael Tessier had full access to the funds in the

and was not present at the hearing.

Smillie Trust assets. Dr. Jakobiec had not received notice of the hearing

Successor Trustee. A hearing occurred on June 25, 2006, to review the

removing Dr. Jakobiec as Trustee and appointing Michael Tessier as

24. The next day, June 12,2002, the Court (Cloutier, J.) issued an order

Fiduciary with the Hillsborough County Probate Court.

23. On June 11, 2002, Mr. Tessier filed an Ex-Parte Petition to Remove

four certificates of deposits and one checking account.

on hand in the Smillie Trust was $53,955.23. The assets were held in

period from September 1, 1997, through January p. 11 10, 2001, the income

Trust was 1994-2082. As of the Fourth Accounting, which covered the

22. The Hillsborough County Probate Court docket number for the Smillie

Trust."

designated Trustee. This trust is hereinafter referred to as the"Smillie

her estate was placed in trust for Thaddeus, and Dr. Jakobiec was the

Smillie. Ms. Smillie died in 1987. Under Ms. Smillie's Will, a portion of

created for Thaddeus through the estate of Thaddeus's aunt, Lillian M.

with respect to the control of a legitimate trust that had been previously

21. During this same June 2002 time-frame, Mr. Tessier took certain actions

Installation of Michael Tessier as Trustee of the Smillie Trust p. 12 11

misappropriate funds belonging to Thaddeus.

32. Mr. Tessier undertook these actions in order to gain control over and to

31. Mr. Tessier forged Thaddeus's signature on POA2.

30. Thaddeus never signed POA2.

hereinafter referred to as"POA2."

This document was notarized by Ms. Johnson. This document is

is dated September 26, 2002. It is entitled,"Specific Power of Attorney."

29. This document bears a signature purporting to be that of Thaddeus and

all United States Savings Bonds in the name of Thaddeus.

attorney was executed giving Mr. Tessier the authority to redeem any and

attorney with respect to Thaddeus. On that date, a specific power of

28. On September 26, 2002, Mr. Tessier created another fraudulent power of

Creation of Second Fraudulent Power of Attorney (POA2)

27. Mr. Christy was listed as the Appraiser for the Estate.

$184,412.73.

and various savings accounts and certificates of deposits worth a total of

consisting of U.S. Savings Bonds with an estimated value of $66,150.00,

Those documents listed the value of the Estate at $250,562.73,

26. On September 9,2002, Mr. Tessier filed the Estate Inventory documents.

signature was notarized by Mr. Tessier. The Warranty Deed was

40. The Warranty Deed was purportedly signed by Dr. Jakobiec, and the

Dr. Jakobiec to Thaddeus.

2003, was a Warranty Deed conveying the Candia Road property from

39. The second fraudulent document which Mr. Tessier created on March 18,

misappropriate funds belonging to Dr. Jakobiec.

38. Mr. Tessier undertook these actions in order to gain control over and to

fraudulently notarized the signature of Dr. Jakobiec on POA3.

Mr. Christy relied on the false representation of Mr. Tessier and

signature was valid and that Mr. Christy should notarize the document.

Mr. Christy, and falsely informed Mr. Christy that Dr. Jakobiec's

37. Mr. Tessier then took POA3 to his longtime partner and trusted friend,

sign it for him. Mr. Tessier forged Dr. Jakobiec's signature on POA3.

36. Dr. Jakobiec never signed POA3, nor did he give Mr. Tessier authority to

to act for Dr. Jakobiec"in all matters ...."

35. The POA3 purports to grant Mr. Tessier"the fullest and broadest powers"

document is hereinafter referred to as"POA3."

purportedly signed by Dr. Jakobiec and notarized by Mr. Christy. This

(RSA 506:6)." This document is dated March 18,2003, and is

34. The first was a document entitled"General Durable Power of Attorney

33. On March 18,2003, Mr. Tessier created three fraudulent documents.

Creation of a Third Fraudulent Power of Attorney (POA3) p. 14 13

fraudulently notarized the form.

signature on the Declination, falsely bore witness to the signature, and

authority to sign on his behalf. Mr. Tessier forged Dr. Jakobiec's

47. Dr. Jakobiec never signed the Declination, nor did he give Mr. Tessier

March 31, 2003.

46. Mr. Tessier filed the Declination with the Probate Court on or about

beneficiary.

inheritance from his mother's Estate, thereby making Thaddeus the sole

Declination, Dr. Jakobiec purportedly disclaims his share of the

Dr. Jakobiec, and was witnessed and notarized by Mr. Tessier. In the

45. Like POA3 and the Warranty Deed, this form purports to be signed by

2003, was a"Declination" form.

44. The third fraudulent document which Mr. Tessier created on March 18,

Creation and Filing of False Declination Form

misappropriate funds belonging to Dr. Jakobiec.

43. Mr. Tessier undertook these actions in order to gain control over and to

and fraudulently notarized that signature.

42. Mr. Tessier forged the signature of Dr. Jakobiec on the Warranty Deed,

authority to sign it on his behalf.

41. Dr. Jakobiec never signed the Warranty Deed, nor did he give Mr. Tessier

2003 (Book 6875, Page 1580).

recorded at the Hillsborough County Registry of Deeds on March 27, p. 15 14

of financial assets owned by the Estate.

57. Mr. Tessier improperly omitted from the Accounting a significant amount

56. On May 11, 2003, the Court allowed the Accounting.

Thaddeus, was deposited into the TJ Trust.

trust account in the amount of $272,229.00 and made payable to

55. On April 11,2003, check number 6477, drawn on Mr. Tessier's firm's

54. Mr. Tessier forged Thaddeus' signature on the Receipt.

53. Thaddeus never signed the Receipt, and he never received the money.

receipt of $272,229.00.

bearing the purported signature of Thaddeus, acknowledging Thaddeus's

52. Mr. Tessier filed with the Accounting a Receipt dated April 10, 2003,

Tessier and due the sole beneficiary, Thaddeus.

51. The balance of $272,229.00 was listed as being in the possession of Mr.

law firm.

Attorney's fees and costs totaling $7,895.00, were paid to Mr. Tessier's

50. The Accounting listed the total value of the Estate at $280,124.00.

Accounting."

April 7, 2003. This document is hereinafter referred to as"the

for the Estate with the Probate Court. The date of the Accounting was

49. On or about April 10, 2003, Mr. Tessier filed a First and Final Account

misappropriate funds belonging to Dr. Jakobiec and Thaddeus.

48. Mr. Tessier undertook these actions in order to gain control over and to p. 16 15

jointly with or in trust for one of her sons.

64. At the time of her death, Beatrice also held a large number of cash assets

found in the Audit Report at pages 8-9.

A detailed explanation of Mr. Tessier's handling of these assets can be

Fleet CD #7248844302 $22,434.28 7- p. 16 15-02 Fleet CD #703701417 $59,363.03 7-15-02 Fleet CD #703114959 $53,394.46 7-15-02 Fleet CD #151410163 $21,571.98 7-1-02 Fleet CD #151410040 $50,356.23 7-1-02 Bank Instrument Value Date Closed

own personal use include the following certificates of deposit:

63. Examples of Estate cash assets that Mr. Tessier misappropriated for his

Examples of Mr. Tessier's Misappropriation of Jakobiec Assets

many instances, misappropriated the cash for his own personal use.

moved them into his law firm's trust and! or operating accounts, or in

62. From 2002 through 2003, Mr. Tessier closed out these cash assets and

accounts, as well as certificates of deposit.

Hampshire banks and took the form of savings and money market

61. These unreported cash assets were held in several different New

$295,950.03 of the Estate's cash assets.

60. Thus, Mr. Tessier neglected to include in the Accounting a total of

59. In actuality, the Estate owned cash assets totaling $576,074.03.

Bonds, having a total value of $280, 124.00.

58. The Accounting listed four certificates of deposits and U.S. Savings p. 17 16

Mr. Tessier misappropriated for his own personal use are as follows:

70. Examples of funds Beatrice held jointly or in trust for Dr. Jakobiec which

several instances, misappropriated the money for his own personal use.

Jakobiec's money into his firm's trust or operating accounts and, in

69. Instead of safeguarding Dr. Jakobiec's funds, Mr. Tessier deposited Dr.

Jakobiec's funds.

out the accounts, Mr. Tessier had an obligation to properly safeguard Dr.

event that Mr. Tessier could not locate Dr. Jakobiec at the time he closed

and should have been directed to the control of Dr. Jakobiec. In the

68. Any assets that Beatrice held jointly or in trust for Dr. Jakobiec could

found in the Audit Report at pages 10-14.

A detailed explanation of Mr. Tessier's handling of these assets can be Citizens CD #3342-063976 $35,126.94 8-27-02 Fleet CD #7248879885 $69,921.25 7-1-02 Bank Instrument Value Date Closed

misappropriated for his own use, are as follows:

67. Examples of funds Beatrice held in trust for Thaddeus, which Mr. Tessier

Tessier misappropriated the money for his own personal use.

operating accounts, the fraudulent TJ Trust, or in many instances, Mr.

Smillie Trust, Mr. Tessier deposited them into his firm's trust or

66. Rather than deposit the cash assets held in trust for Thaddeus into the

pre-dated Beatrice's death.

should have been deposited directly into the Smillie Trust, which Trust

65. Any assets that Beatrice held jointly or in trust for Thaddeus could and p. 18 17

• Prudential Life (life insurance policy) • Oppenheimer Funds (IRA Rollover account) • ..I-Vl.lVl.I..l.V'-' LoU.!. \.J.I. V.I.,",,--0, .1..1...1-'-'. \ .l.lV.I.'-' L '-' _l.l .. J 1\1fl\!TL TnH~sh.... -yo Qe1"'"TT~r.,:::..C- T-nr> {l·.,...... <Testm~n. acno'u~t\ • Bank of America (savings account) • Sovereign Bank (money market account) • Fleet Bank (two accounts) • Citizens Bank (five accounts)

owned by Dr. Jakobiec at the following financial institutions:

74. Mr. Tessier gained unauthorized access to accounts and cash assets

accounts.

personal use or deposited the money into his firm's trust and operating

Tessier either misappropriated Dr. Jakobiec's money for his own

73. Once he had gained unauthorized access to Dr. Jakobiec's money, Mr.

personal bank and investment accounts.

2003, Mr. Tessier was able to gain unauthorized access to Dr. Jakobiec's

72. Utilizing POA3, which Mr. Tessier fraudulently created on March 18,

them for his own personal use.

access to many of Dr. Jakobiec's personal assets and misappropriated

Beatrice held jointly with or in trust for her sons, Mr. Tessier also gained

71. In addition to misappropriating cash assets of the Estate and those

found in the Audit Report at pages 10-15 ..

A detailed explanation of Mr. Tessier's handling of these assets can be Citizens CD #330093-3778-3 $15,831.34 7-22-03 St. Mary's CD #87112905 $24,307.40 5-20-03 Fleet CD #7248989092 $11,263.35 4-16-03 Bank Instrument Value Date Closed p. 19 18

found in the Audit Report at pages 19-27.

A detailed explanation of Mr. Tessier's handling of these assets can be

America #015-067102-8 Bank of Savings Account $176,783,21 3-21-05 #6080003015 Bank Account Sovereign Money Market $85,000,00 3-7-06 #6080003015 Bank Account Sovereign Money Market $125,000,00 9-27-04 #6080003015 Bank Account Sovereign Money Market $40,000,00 10-6-04 #60800033015 Bank Account Sovereign Money Market $70,000.00 6-2-04 #150671044 Fleet Bank Account $46,841. p. 19 18 5-10-04 #3342-113612 Citizens Bank Savings Account $57,100.67 6-3-03 Institu tion Misappropriation or Withdrawn Financial Instrument Amount of Date Closed

misappropriated for his own personal use are as follows:

76, Examples of funds owned by Dr. Jakobiec that Mr. Tessier

knowledge or awareness of Mr. Tessier's fraudulent activities,

Dr, Jakobiec's personal accounts and assets, Dr, Jakobiec had no

75, Throughout the time that Mr. Tessier was using POA3 to gain access to p. 20 19

fraudulent Warranty Deed (that he had created in March 2003 to

property owned by Dr. Jakobiec. Specifically, Mr. Tessier utilized the

80. In May 2006, Mr. Tessier engaged in further acts of fraud with respect to

Creation of Fourth Fraudulent Power of Attorney iPOA41 Closing on the Candia Road Property and

affidavit.

79. Mr. Christy notarized Mr. Tessier's signature on the May 2, 2006,

Lynch accounts and open another.

that Mr. Tessier had the authority to close one of Dr. Jakobiec's Merrill

Being In Full Force" falsely attesting to the fact that POA3 was valid, and

May 2, 2006, Mr. Tessier signed an"Affidavit As to Power of Attorney

new account with Merrill Lynch, account #80942376. Specifically, on

Affidavit to effectuate the closing of that account and the opening of a

073903 listed above, Mr. Tessier provided Merrill Lynch with a false

78. With respect to Dr. Jakobiec's MML Investor Services Account #BMA-

Creation of False Affidavit for Merrill Lynch

Jakobiec.

asserted that he held a valid power of attorney over the affairs of Dr.

Non-Bank POA with the Bank. In that Affidavit, Mr. Tessier falsely

on October 18, 2004, Mr. Tessier filed an Affidavit for Validation of a

with the Bank to effectuate a name change on that account. Specifically,

Account, #60800033015, listed above, Mr. Tessier filed a false Affidavit

77. With respect to Dr. Jakobiec's Sovereign Bank Money Market Savings

Creation of False Affidavit for Sovereign Bank p. 21 20

Rules of Professional Conduct 3.3(a)( 1); 3.3(a)(3); S.4(c) and S.4(a).

89. Mr. Tessier's conduct in this case raises questions under New Hampshire

May 24, p. 21 2005, closing can be found in the Audit Report at pages 16-17.

88. A detailed explanation of Mr. Tessier's handling of the assets from the

net proceeds from this sale.

87. Mr. Tessier misappropriated for his own personal use $160,000.00 of the

86. The net proceeds of the sale were $ p. 21 202,060.98.

Jakobiec had no prior knowledge or awareness of this sale.

85. On May 24, p. 21 2005, the closing occurred at Mr. Tessier's law firm. Dr.

84. Mr. Christy falsely notarized Thaddeus's signature on POA4.

83. Mr. Tessier forged Thaddeus's name on POA4.

on his behalf.

82. Thaddeus never signed POA4, nor did he give anyone authority to sign it

document is hereinafter referred to as"POA4."

for Thaddeus in regard to the sale of the Candia Road property. This

signature. The document purports to grant Mr. Tessier authority to act

signature purporting to be that of Thaddeus. Mr. Christy notarized the

p. 21 2005, and it is entitled"Power of Attorney." The document bears a

fraudulent power of attorney document. The document is dated May 17,

81. In order to effectuate the closing, Mr. Tessier created yet another

the Candia Road property.

transfer the Candia Road property from Dr. Jakobiec to Thaddeus) to sell p. 22 21

regards would constitute a violation of N.H. R. Prof. Conduct 3.3(a)(I).

95. If proven by clear and convincing evidence, Mr. Tessier's conduct in these

otherwise properly account for these Estate assets.

failed to file any documentation with the Court to explain or

(b) Mr. Tessier omitted these cash assets from the Accounting and

Estate.

Accounting a total of $295,950.03 of cash assets belonging to the

value of the Estate. Specifically, Mr. Tessier failed to include in the

(a) In the Accounting, Mr. Tessier failed to inform the Court of the full

Court are listed below:

94. The false statements of material fact that Mr. Tessier made to the Probate

whether to allow the Accounting.

of the Estate administration in general, and the Court's decision on

statement was capable of influencing the Probate Court's consideration

93. Each of these false statements was material because each false

Court.

aware that the statements were false and would mislead the Probate

92. Mr. Tessier made each of these false statements knowingly; he was fully

numerous false statements of material fact to the Probate Court.

91. While representing and administering the Estate, Mr. Tessier made

90. Allegations set forth above are incorporated by reference.

fraud, deceit and misrepresentation with respect to Estate assets, as well

102. From 2002 through 2005, Mr. Tessier engaged in numerous acts of

101. Allegations set forth above are incorporated by reference.

regards would constitute a violation of N.H. R. Prof. Conduct 3.3(a)(3).

100. If proven by clear and convincing evidence, Mr. Tessier's conduct in these

of $272, p. 23 229.00 from the Estate.

falsely declared that Thaddeus had received and was in possession

fraudulent and forged Receipt dated April 10, 2003, which Receipt

(b) On or about April 10, 2003, Mr. Tessier filed with the Accounting a

Jakobiec disclaimed his share of the inheritance from the Estate.

forged Declination form, which form falsely declared that Dr.

(a) On or about March 31, 2003, Mr. Tessier filed a fraudulent and

administering the Estate, as follows:

99. Mr. Tessier offered false evidence to the Probate Court while

the evidence was false and would mislead the Probate Court.

98. Mr. Tessier offered this false evidence knowingly; he was fully aware that

evidence to the Probate Court that he knew to be false.

97. While representing and administering the Estate, Mr. Tessier offered

96. Allegations set forth above are incorporated by reference.

Dr. Jakobiec's signature on POA3. Mr. Tessier presented POA3 to

(d) On March 18, 2003, Mr. Tessier created POA3. Mr. Tessier forged

authority to redeem savings bonds belonging to Thaddeus.

to others to induce them into believing that Mr. Tessier had the

forged Thaddeus's signature on POA2. Mr. Tessier presented POA2

(c) On September 26, 2002, Mr. Tessier created POA2. Mr. Tessier

induce others into believing that the TJ Trust was a valid trust.

utilized the TJ Trust Agreement with the fraudulent intent to

Agreement and then notarized the forged signature. Mr. Tessier

Mr. Tessier forged Thaddeus's signature on the TJ Trust

(b) On June 24, 2002, Mr. Tessier created the TJ Trust Agreement.

from Thaddeus.

them into believing that Mr. Tessier held a valid power of attorney

presented POAI to others with the fraudulent intent to induce

Thaddeus's signature and his initials on POAI. Mr. Tessier

(a) On June 24, 2002, Mr. Tessier created POAL Mr. Tessier forged

listed below:

104. Mr. Tessier engaged in acts of fraud, deceit and misrepresentation as

reliance upon his acts of fraud, deceit and misrepresentation.

Tessier's purpose was to induce others to act, or refrain from acting, in

103. With respect to each instance of fraud, deceit and misrepresentation, Mr.

Thaddeus.

as assets related to the Estate and/ or belonging to Dr. Jakobiec and p. 25 24

Declination form to induce the Probate Court to believe that Dr.

then falsely notarized the form. Mr. Tessier created the fraudulent

on the Declination form, bore false witness to the signature, and

about March 31, 2003. Mr. Tessier forged Dr. Jakobiec's signature

form, which he subsequently filed with the Probate Court on or

(g) On March 18, 2003, Mr. Tessier created a fraudulent Declination

Property.

to believe that Thaddeus was the lawful owner of the Candia Road

Mr. Tessier created the fraudulent Warranty Deed to induce others

Warranty Deed and then fraudulently notarized that signature.

Thaddeus. Mr. Tessier forged the signature of Dr. Jakobiec on the

Deed conveying the Candia Road property from Dr. Jakobiec to

(f) On March 18, 2003, Mr. Tessier created a fraudulent Warranty

notary on POA3.

partner and friend, Mr. Christy, to provide a false attestation as a

made this false statement with a purpose to induce his longtime

Christy that Dr. Jakobiec had in fact signed POA3. Mr. Tessier

(e) On or about March 18, 2003, Mr. Tessier falsely informed Mr.

assets for his own personal use.

to assets belonging to Dr. Jakobiec and to misappropriate those

utilized POA3 in a fraudulent scheme to gain unauthorized access

had a valid power of attorney over Dr. Jakobiec. Mr. Tessier

others with the fraudulent intent to induce them into believing he p. 26 25

either misappropriated Dr. Jakobiec's money for his own personal

gained unauthorized access to Dr. Jakobiec's money, Mr. Tessier

Jakobiec's personal bank and investment accounts. Once he had

18,2003, Mr. Tessier was able to gain unauthorized access to Dr.

U) Utilizing POA3, which Mr. Tessier fraudulently created on March

assets had been properly disbursed to Thaddeus.

induce the Court into believing that $272,229.00 of the Estate's

Tessier created and filed the fraudulent Receipt with the intent to

date. Mr. Tessier forged Thaddeus's signature on the Receipt. Mr.

Mr. Tessier filed with the Probate Court on or about that same

(i) On April 10, 2003, Mr. Tessier created a fraudulent Receipt, which

Court's oversight or awareness.

to misappropriate and misuse assets of the Estate without the

under-represented. Mr. Tessier's fraud on the Court enabled him

Estate's assets equaled the amount that Mr. Tessier had falsely

induce the Probate Court into believing that the value of the

Accounting. Mr. Tessier filed a false Accounting with the intent to

that the Estate had a value in excess of the value he stated on the

value of the Estate at $280,124.00. At that time, Mr. Tessier knew

Accounting with the Probate Court. The Accounting listed a total

(h) On or about April 10, 2003, Mr. Tessier filed a false and fraudulent

mother's Estate, thereby leaving Thaddeus as the sole beneficiary.

Jakobiec had disclaimed his share of the inheritance from his p. 27 26

property at the closing on May 24, 2005.

Mr. Tessier had the legal authority to sell the Candia Road

POA4 to induce the buyer, bank and title company to believe that

Mr. Tessier forged Thaddeus's name on POA4. Mr. Tessier utilized

(m) On or about May 17, 2005, Mr. Tessier fraudulently created POA4.

another.

to close one of Dr. Jakobiec's investment accounts and open

induce Merrill Lynch to believe that Mr. Tessier had the authority

validity of POA3. Mr. Tessier utilized this fraudulent Affidavit to

Power of Attorney Being in Full Force falsely attesting to the

(I) On May 2, 2006, Mr. Tessier created a fraudulent Affidavit as to

Jakobiec's investment accounts.

allow Mr. Tessier to effectuate a name change on one of Dr.

Mr. Tessier had a valid power of attorney for Dr. Jakobiec and to

fraudulent Affidavit to induce Dr. Jakobiec's bank to believe that

attorney over the affairs of Dr. Jakobiec. Mr. Tessier utilized the

Tessier falsely attested to the fact that he held a valid power of

Validation of a Non-Bank Power of Attorney. In that Affidavit, Mr.

(k) On October 18, 2004, Mr. Tessier created a fraudulent Affidavit for

scheme to defraud.

misuse and misappropriation of Dr. Jakobiec's assets constitute a

operating accounts. Mr. Tessier's unauthorized access to and

use or deposited Dr. Jakobiec's money into his firm's trust and p. 28 27

must assert all affirmative defenses. See Sup. Ct. R. 37 A(III)(b)(3)(B).

respond specifically to each allegation of this Notice of Charges, and

R. 37 A(III)(b)(3)(A). Mr. Tessier's answer must be in writing, must

30 days of the date of his receipt of this Notice of Charges. See Sup. Ct.

107. Mr. Tessier is advised that he must answer this Notice of Charges within

violation of N.H. R. Prof. Conduct S.4(a).

clear and convincing evidence, this would necessarily constitute a

106. In the event that anyone of the above alleged rule violations is proven by

regards would constitute a violation of N.H. R. Prof. Conduct S.4(c).

105. If proven by clear and convincing evidence, Mr. Tessier's conduct in these

(and Michael Tessier's) personal use.

sale, $160,000.00 of which Mr. Tessier appropriated for his own

Tessier was able to gain unauthorized access to the proceeds of the

authority and without providing any notice to Dr. Jakobiec, Mr.

fraudulent scheme to sell the Candia Road property without legal

Tessier perpetrated a fraud on Dr. Jakobiec. As a result of his

Jakobiec, the rightful owner of the property. In so doing Mr.

sell the Candia Road property without giving any notice to Dr.

(n) On May 24, 2005, Mr. Tessier acted under the authority of POA4 to p. 29 28

requested within 30 days of the appointment of a hearing panel in this

In the absence of"good cause," such pre-hearing conference must be

subsection (6) of that Rule, which provides for a pre-hearing conference.

37A(1II)(b)(5), which governs discovery in this matter, as well as

112. Mr. Tessier's attention is also directed to Supreme Court Rule

See Sup. Ct. R. 37(20)(b)(2).

product, internal memoranda, and deliberations) of both, shall be public.

Conduct Committee, as well as the written decisions (other than work

Charges that take place before the Hearings Committee and Professional

is now a public file. Further, the proceedings related to this Notice of

work product and internal memoranda of the Attorney Discipline Office)

111, This Notice of Charges and the file of Disciplinary Counsel (other than

37 A(III)(b)(2).

and to testify and present evidence on his own behalf. See Sup. Ct. R.

110. Mr. Tessier is advised that he has the right to be represented by counsel,

day period for him to file an answer. See Sup. Ct. R. 37 A(III)(b)(4).

receiving an answer from Mr. Tessier, or upon the expiration of the 30-

Hearings Committee appoint a hearing panel in this matter either upon

109. It is the duty of Disciplinary Counsel to request that the chair of the

See Sup. Ct. R. 37A(III)(b)(3)(A).

forth in this Notice of Charges"shall be deemed to be admitted."

108. In the event Mr. Tessier fails to file an answer, the allegations set p. 30 29

prepaid. 81559944, return receipt requested and a copy to both by regular mail postage 03302 by certified mail #7006 0100 0005 8155 9937 and #7006 0100 0005 Gallagher, Callahan & Gartrell, P.O. Box 1415, Concord, New Hampshire Hampshire 03104, and a copy to his attorney, David A. Garfunkel, Esquire, at Thomas J. Tessier, Esquire, at 265 North Bend Drive, Manchester, New aforesaid Notice of Charges is being sent on this /6 tt.day of October 2008, to Supreme Court Attorney Discipline Office, certify th;3.t the original of the I, Landya B. McCafferty, Disciplinary Counsel of the New Hampshire

Date: October~, 2008 fI-.-

matter. See Sup. Ct. R. 37 A(III)(b)(6)(A). p. 31 GALLAGHER, CAl 30 ,& GARTRELL, P.C.

cc: Thomas Tessier

DAG/msk

numbered paragraph in the Notice of Charges. 1, Article 15 of the New Hampshire Constitution in response to each separately self-incrimination under the Fifth Amendment to the United States Constitution and Part client, Thomas Tessier, answers the Notice of Charges by asserting his rights against As per our discussions and agreement today, I am writing to advise that my

Dear Attorney McCafferty:

Re: Tessier, Thomas J. advs. Attorney Discipline Office - #08-016

Concord, NH 03301 4 Cheneli Dr. Attorney Discipline Office Landya B. McCafferty, Esq.