Peter A. Riley (2016)

right-hand cornerofthe page. At the hearing on this matter, the Panel admitted a further exhibit marked as Ex. 57. proposedexhibitsaredeemed Stipulatedexhibits)).Page numbersreferencetheBatesnumbersonthebottom parties (see Case Management Order ^ 14 and Rule37A(III)(b)(6)(B)(vii)(providingthat, absenttimelyobjections, 2"Ex."signifiesthepreviouslyfiled"ADO Exhibits,"abookcontaining56pre-markedexhibitsstipulatedto bythe Record in thismatter. 1"Answer"signifiesPeterRiley'sAnswer to theNoticeofChargesdatedAugust19,2015,whichispartofthe

actreflectingadverselyon thelawyer'shonesty,trustworthiness,or fitnessas alawyer in Violations andRecommended Sanction, admitting toviolationsofRule 8.4(b) (criminal 2. On February 3, 2012, Mr. Riley submitted to a Hearing Panel aStipulationofFacts,

l;Ex.249] suspendedfor two years in In theMatterofPeterA. Riley- LD-2012-0009. [Answer11 1. Mr. Rileywas admittedtopracticelaw inNew Hampshire on October 30, 1995. He was

theHearing Panel by clearand convincingevidence: The Committee has determined that the Record supports the following factualfindingsof

22,2016 hearing, theCommittee makes factual findings and rulings asdetailedbelow. including the NoticeofCharges, Answer, Hearing Panel Report, and Transcriptofthe January the Record in the above matter. Having reviewed the Record consistingof19 tabbed entries, On March 15,2016, theProfessionalConduct Committee (the"Committee") deliberated

Riley,Peter A.advs.AttorneyDiscipline Office-#13-035

ScottH. Harris Barbara J. Guay, LegalAssistant Richard H. Darling* * non attorneymember Susan R. Chollet* Martha Van Oot PeterG. Beeson Richard D. Sager ElaineHolden,* Vice Chair 603-224-5828* Fax 228-9511 Georges J. Roy* Heather E. Krans, Vice Chair Concord, New Hampshire 03301 Mona T. Movafaghi David M. Rothstein,Chair 4 Chenell Drive, Suite 102 Margaret R. Kerouac

Family Division- Dover ("the Court").[Answer 1} 5] Mr. Rileyintentionally post-divorceproceedingsfrom Ms. Fay,Case No. 670-2008-DM-00499,7thCircuit- 12. The conduct givingrise to this disciplinary matter occurred in the courseofMr. Riley's

proceedingshave been acrimoniousand lengthy. 11. A petition for divorce was filed by MelissaFay on November 11,2008. [Ex.1] The

[Answer ^ 4] 10. Mr. Riley'scurrent address is 148 Ocean Blvd., Seabrook Beach,New Hampshire 03874.

suspended there onAugust 25,2014. [Answer \ 3.] 9. Mr. Riley has been admitted topracticelaw inMassachusetts,but wasreciprocally

8. Mr. Rileyremains suspended. [Answer \ 2]

[Answerfl;Ex.49] Conduct 3.5, 8.4(b),(c), and 8.4(a). In the MatterofPeter A. Riley -LD-2012-0009. suspension(retroactivetoSeptember10,2012),forviolationsofRulesofProfessional 7. By Orderofthe Supreme CourtdatedOctober28,2013,Mr. Riley was issued a two-year

Bates 993-994] his suspension tookeffecton April 6, 2012) and tested positive for alcohol. [Ex. 48 at datedFebruary25,2013,that hepracticedlaw as late asSeptember 10,2012 (i.e. after had to serve the entire two-year period based on theCommittee'sfinding, in an order 6. The stayed portionofthe suspension was ultimately imposed, however, and Mr. Riley

wished to "begin the periodofsuspension"at that time.[Ex.46 (Assented-toMotion)]. that date based on Mr.Riley'srepresentationthat he was winding down hispracticeand April 6, 2012. [Ex. 47 at Bates990] The Attorney DisciplineOffice("ADO") agreedto conditionally stayed, and noted that the one year suspensionwould takeeffectstarting 5. On May 15,2012,theCommittee approved thetwo yearsuspensionwith one year

alcohol. [Id.] Program for an alcoholrehabilitationand monitoringprogramand abstain from using that Mr. Riley enter into and comply with acontractwith theLawyer'sAssistance with one year stayed subject tocertainconditions.[Ex.44] Those conditions included 4. In the Stipulation, Mr.Rileyagreedto a two year suspensionfrom the practiceoflaw,

[Ex. 45] 3. The HearingPanel approved the Stipulation, and issued an order on March 20, 2012.

misrepresentation),and Rule 3.5(Impartialityand Decorum oftheTribunal).[Ex.44] other respects), Rule 8.4(c) (conduct involving dishonesty,fraud,deceit, or p. 3 Page 3of22 21,2012. Rileyv. Riley, 670-2012-DM-00452,RockinghamCounty,10thCircuit(Fam.Div.),Portsmouth. 3Mr. Rileyand PageRileyweremarriedonAugust25,2011and Mr. RileyfiledapetitionfordivorceonNovember

Bates 332] funds held inbank accounts,which he was using for his personalbenefit."[Ex. 6 at purposefully, and intentionallyunderstatedhis income and failed to disclose significant findingthat "from April 6,2012 throughJuly3,2013,Mr. Riley...has consistently, 20. The Court's Order dated July 26, 2013 (the "2013Order")granted Ms. Fay's motion,

undisclosedincome and bank accountsofMr. Riley. [Ex. 6] asexhibitsbank statements demonstrating theexistenceofadditional, significant 19. The Court held a hearing on Ms. Fay'smotion on July 3,2013, duringwhich itadmitted

since at least January 1,2012. [Answer ^ 11;Exs. 5, 6] allegedthat Mr. Riley had beenfraudulentlyunderstatinghis income and hiding assets Riley had assetshe was notdisclosingto Ms.Fay. [Fay testimony] Ms. Fay's motion come to her attention fromMr. Riley'ssecond(thenestranged)wife,Page,3thatMr. 18. On April3,2013,Ms. Fay filed a Motion to BringForwardand Modify.Informationhad

the other. [Ex. 4 atBates 131] Support, issued on September 20,2012,provided that neither party pay child support to 17. The Court'sFinal Order on Parenting, Relocation, SchoolAttendance,and Child

February7,2012. [Ex.3] PendingMotionsdatedApril19,2012,terminatinghis child supportobligationeffective affidavit dated the same day. The Court granted Mr.Riley'smotion in an Order on 16. The Court conducted a hearing on April 6,2012 and reviewedMr. Riley'sfinancial

representedby William Boc. 15. As ofFebruary7,2012, Mr. Rileywas represented by Keri Marshall. Ms. Fay was

45] yearsuspensionfromthepracticeoflaw,with oneyearconditionallystayed.[Exs.44, HearingPanelhad approved aStipulationexecuted by Mr. Riley and the ADO for a two that he wasunemployed and without income. [Id.; Ex. 2] By this date, as noted supra, a 14. On February7,2012,Mr. Rileymoved to terminate his child support obligations, arguing

month. [Ex. 2; Ex. 3 at Bates113] 13. As ofDecember 28,2011,Mr. Riley had a child supportobligationof$655.00 per

years old at the time Mr.Rileymoved to terminate child support. proceedingsregardingchildsupportforhis only child with Ms.Fay,Owen, who was six understated hisincome and failed to disclosesignificantassets during hispost-divorce p. 4 Page 4of22 proceedsof$27,000 in2011 for renting out his Seabrook home (with a fair market value 29. Under thesectionnumbered 14 for"additionalinformation,"Mr. Rileynoted grossrental

monthly income. Id. $350.00 from self-employment and $475.00 in rental income, for a totalof$825.00 in 28. Under the section numbered 5 for "monthly income before taxes," Mr. Riley disclosed

[Ex. 7] "assets'Vcheckingaccounts, listed one checkingaccount at "TD Bank" holding $350.00. 27. Mr. Riley's April 6,2012 financial affidavit, under the section numbered 7 for

AllegationsRelating to Mr. Riley's April6,2012 FinancialAffidavit:

"Providentaccount") [Exs. 13, 14]. c. ProvidentBank "TotallyFreeChecking"Account No.XXXXXX4053 (the

[Exs.11,12];and (Peter A. Riley, Trustee), TD Bank Account No. XXXXXX1497 (the"RETA") b. TD Bank "ConvenienceChecking" Account for The Riley Family Real Estate Trust

account") [Ex. 10]; a. TD Bank "ConvenienceChecking" Account No. XXXXXX7865 (the"TD Bank

all timesrelevantto thisdisciplinaryaction, are pertinent: 26. At least three bank accounts in Mr. Riley's name, which he accessed for personal use at

25. Each financialaffidavitisdiscussedin detailseparatelybelow.

mandatory disclosure." confirm, by initialing, that the signer has "complied with Rule1.25-Aregarding each financial affidavit. That section requires that the person signing thedocument Compliance- Family DivisionOnly:InitialOne" section set forth on the second page of 24. Mr. Riley did not, in anyoffinancial affidavits he submitted, initial the "Rule1.25-A

Order);Exs. 7, 8, 9 (Fin.Affidavits)] informationprovidedin this financial affidavit for each courthearing."[Ex. 6(2013 having any substantial value" and providing that Mr. Riley had a duty to "update the oath and notarized, affirming that Mr. Riley had "fully disclosed all income and all assets 23. All of Mr. Riley's financial affidavits covered monthly amounts. All were signed under

filed by Mr. Riley on April 6, 2012, July13,2012,and September 12, 2012. [Ex. 6] 22. The relevantFinancialAffidavitsdiscussedin the Court's2013 Order includedthose

"relied in part on the truthfulness and accuracyofMr. Riley'sFinancial Affidavits." Id. first on April19,2012,then later in the Final Order dated September 20,2012,the Court 21. The 2013 Order further stated that in terminating Mr.Riley's child support obligation, p. 5 Page 5 of22

summer todefrayexpenses." [Id.] proceedsof$41,000 in 2012 for renting out his Seabrook home"fora portionofthe 40. Under thesectionnumbered 14 for"additionalinformation,"Mr. Rileynoted grossrental

monthly income. [Id.] $350.00 fromself-employmentand $200.00 in rental income, for a totalof$550.00 in 39. Under the sectionnumbered 5 for"monthly income beforetaxes,"Mr. Rileydisclosed

checkingaccountat"TD Bank" holding $800.00. [Ex. 8] 38. Mr. Riley, under thesectionnumbered 7 for"assets'Vcheckingaccounts,listedone

Allegationsrelatingto Mr. Riley'sJuly 13,2012 FinancialAffidavit:

[Ex. 13] 37. As ofMarch 30, 2012, the account balancein theProvidentaccount was $46,382.34.

17; Ex. 21 atBates 880] 36. The opening depositof$49,000 into theProvidentaccountcame from this legal fee. [Ex.

smallerbank checks used overtime to pay bills andexpenses." [Ex. 16] [Ex. 6 at Bates331;Ex. 53] Mr. Riley "divided thesettlementcheck into multiple Judge Foley andcorrespondenceto the ADO, Mr. Riley kept thecheck "fora rainyday." 35. Mr. Riley did not promptly deposit the check. Instead,accordingtotestimonybefore

settled, theclientspaidhis fee with acashier'scheck. [Ex.15] 34. In a July 16,2013 affidavitsubmittedto the Court, Mr. Rileystatedthatafterthe case

Ex. 17 (letterRileytoGreene datedOctober 22,2014)] ofRiley dated7/16/13);Ex. 16 (Amended AffidavitofRiley datedNovember 20,2014); behalfofa client sometime in2011. [Answer ^ 55; Ex. 6 at331,Ex. 7, Ex.15 (Affidavit paid $67,000, which represented a contingent fee for a chiropractic case he had settled on 33. Mr. Riley also failed to disclose on his April 6,2012 financialaffidavitthat he had been

[Answer U 22; Ex. 6 atBates 330] 32. The Providentaccountwas being regularly used by Mr. Riley forpersonalexpenses.

$48,000, plus$1,000 in cash. [Ex. 14] $49,000. Id. Mr. Riley made this deposit using nine separate bank checks totaling 31. On March 17,2012,Mr. Riley opened theProvidentaccountwith an initialdepositof

opened the monthbeforefiling his April 6, 2012 financialaffidavit.[Exs. 7,13,14] 30. Mr. Riley did not disclose a Provident Bank checking account in his name, which he

Exs. 8, 9] of1.5million dollars) "for a portionofthe summer to defrayexpenses." [Id;see also p. 6 Page 6of22 mitigate this omission, Rule1.25-Arequires that all such accounts be disclosed. 4AlthoughthedisclosureofincomeunderSection14,AdditionalInformation,oftheFinancialAffidavitmight

875,879]4 have beendisclosedon his July 2012 financialaffidavit.[Ex. 6 at 330; Ex. 21 at Bates depositedsummer rentalincome from hisSeabrook home, and thustheRETA should 52. The Court's Order ofJuly 26, 2013 found that it was thisRETA intowhich Mr. Riley

RETA. [Ex.23] 51. Between July 20, 2012 andAugust 13, 2012, another $25,995 wasdepositedinto the

$10,026.12. [Ex. 12 at Bates 465] 50. As ofJuly13,2012,the date thataffidavitwas signed, that account had a balanceof

11,12] Mr. Rileyopened theRETA at TD Bank, forwhich he is trustee, on July 2,2012. [Exs. 49. Mr. Rileyfailed todiscloseanother bank account in his July13,2012 financialaffidavit.

[Answer K 35; Ex. 6 atBates 330] 48. The Providentaccountwas being used almostdailyby Mr. Rileyfor personalpurposes.

47. As ofJuly 31,2012, theProvidentaccount held$23,140.11. [Id.]

theaffidavitwas signed, the account had a balanceof$8,229.16.[Ex. 22 at Bates 756] 46. The Provident account held $13,531.13 asofJune 30, 2012. On July 13, 2012, the date

Ex.21 atBates 880] 45. The $15,000depositcame from the fee he was paid from the chiropractic case. [Ex.17;

paid thecontingentfee for the chiropractic case he hadsettled.[Ex. 8] 44. Mr. Rileyagain failed to disclose on his July13,2012 financialaffidavitthat he had been

deposited$15,000into this account on June 25, 2012. [Ex. 8, Exs.19-20] 43. Mr. Rileyagain failed to disclose the Provident checking account, even though he

$14,838 in June 2012. [Ex. 57 at bates 707] and on June 29,2012,he deposited $5,265.00 into this account, for total depositsof Bates 703] On June 20,2012, Mr. Rileydeposited$806.00 into the TDBank account, 2012, he deposited $6,917.00 and on June 8, 2012 he deposited $1,850.00. [Ex. 57 at submissionofhisAprilfinancialaffidavitand his July financialaffidavit.On May 22, 42. Mr. Riley made multipledeposits into the TD Bank account in the timebetweenhis

two days prior to the affidavit, the account had a balanceof$4,481.15. [Id.] 9, 2012 actually had a balanceof$4,581.62. [Id.; Ex. 18 atBates710] On July 11,2012, 41. Mr. Rileysignificantlyunderstated the amount in his TD Bank account,which asofJuly p. 7 Page 7of22 office clienttrustaccount.[Ex. 22 at Bates 756; Ex. 25] 65. On July 26, 2012,Mr. Riley deposited $22,000 into the Provident account from his law

August 2012. affidavit even though he made two large deposits into theProvidentaccount in July and 64. Mr. Riley failed to list the Provident account on his September12,2012 financial

Ex. 6 at Bates 330] 63. Mr. Riley continuedto use the Provident account forpersonalexpenses.[Answer ^(50;

financialaffidavit.[Ex. 9] 62. Mr. Rileyagainfailedto list theProvidentcheckingaccounton hisSeptember 12,2012

account held a balance of$13,191.97. [Ex. 28 at Bates 471] OnSeptember 13,2012,the day after theaffidavitwas signed, the 61. As ofSeptember 10, 2012, two days prior to the affidavit, the RETA held $14,191.97.

affidavit),Mr. Rileysignificantlyunderstatedtheamount heldby thisaccount. Bank accountin hisname inexistenceat the timeoftheSeptember 12,2012 financial had therebydisclosedthe RETA (anaccountalsoheld at TD Bank, and the only TD 60. Even ifby listinga "TD Bank" accounton thefinancialaffidavit,Mr. Rileybelievedhe

adequately disclose either account on his September 12, 2012 financial affidavit. [Ex. 9] 59. Mr. Riley was using the RETA and the Provident bankaccountregularly, but failed to

2012 FinancialAffidavitwas the RETA. 58. Thus, the only TD Bank accountinexistenceat the timeofMr. Riley'sSeptember 12,

2012. [Id.] the TD Bank account(accountno.XXXXXX7865). [Ex. 24] Heclosedit onAugust 8, 57. However, by the dateofthe September12,2012 financial affidavit, Mr. Riley had closed

summer todefrayexpenses." [Id.] proceedsof$41,000 in2012 for renting out hisSeabrook home "fora portionofthe 56. Under thesectionnumbered 14 for"additionalinformation,"Mr. Rileynoted grossrental

$2,100.00 fromself-employmentand $475.00 in rental income, for a totalof$2,575.00. 55. Under the section numbered 5 for "monthly income beforetaxes,"Mr. Riley disclosed

with$800. [Ex.9] 54. Mr. Riley continued to list, in the section numbered 7, a "TD Bank" checking account

Allegationsrelatingto Mr. Riley'sSeptember 12,2012 FinancialAffidavit:

330] 53. This RETA was used for Mr. Riley'spersonal expenses.[Answer % 41;Ex. 6 at Bates p. 8 Page 8 of22

time it submitted Proposed Findings and Rulings and by the time of the hearing on January 22, 2016. 5The NoticeofChargesreferencedtheaffidavitdatedApril2,2013,buttheADO had correctedtherecordby the

at "TDBank" holding$6,000.00.[Ex.31 at Bates 142] 74. Mr. Riley, under thesectionfor"assets'Vcheckingaccounts,listedone checkingaccount

the divorce matter. [Ex.31 at Bates142-143]5 accordingto theNotarialOfficer,as well asaccordingto theCase Summary/Docket for cornerofall three pages, but which apparently was actually signed on May 6,2013 73. Mr. Riley submitted a Financial Affidavit which was dated April 2,2013 in the top right

Allegationsrelatingto Mr. Riley'sMay 6.2013 FinancialAffidavit:

5,6] supportbecause Mr. Rileyhad fraudulentlyunderstatedhisincome. [Answer K 11;Exs. 72. Ms. Fay filed hermotion to modify on April3,2013,seekingtoobtainadditionalchild

Requests forFindingsofFact and RulingsofLaw as ExhibitA. from rentingout hisSeabrook home aresummarized in aChart attachedto theADO's realityoftheexistenceofadditionalcheckingaccounts,balances,deposits,and income 71. The disclosuresmade by Mr. Riley in his2012 financialaffidavits,compared with the

understatehisassetsinadditionalfinancialaffidavitsas setforthbelow. 70. Though not the focusoftheCourt'sJuly 26,2013 Order, Mr.Rileycontinuedto

client. [Ex. 9] had been paid the contingent fee for the chiropractic case he had settled onbehalfofa 69. Mr. Riley again failed to disclose on his September12,2012 financialaffidavitthat he

6 atBates 330] Mr. Rileyused theRETA funds for his travel andpersonalexpenses. [Answer If54; Ex. 2012, thebalancein theRETA was $72,459.59.[Exs. 28 atBates471, 29 atBates476] $14,191.97on September 10,2012 (two days before the affidavit) and byNovember 68. The undisclosedRETA had a balanceof$14,467.41asofAugust 17,2012, a balanceof

Providentaccountwas $14,114.68.[Ex. 40 at Bates 771] Bates 762] OnSeptember 12,2012, the dateofthe financialaffidavit,the balance in the 67. The Providentaccounthad abalanceof$20,135.16as ofAugust 31,2012. [Ex. 26 at

check reads"Re: Law OfficeofPeterA. Riley,PL." [Ex. 27 atBates 765] amount was deposited using an "Official Check" from TD Bank. The"Re:"on that and took out$1,000cash back from this deposit. [Ex. 26 at Bates 762; Ex. 27] This 66. On August 18,2012,Mr. Riley deposited$29,150.74into the Provident checking account p. 9 Page 9 of22

signed. [Id] That accountalso had abalanceof$8,416.65on July12,theday beforetheaffidavitwas had abalanceof$984.63,and by July 16, 2013, had abalanceof$12,916.65.[Ex. 38] 85. Mr. Riley failed toaccuratelydisclose the balanceofthe RETA, which on June17,2013

financialaffidavitwas the RETA. 84. The only "TD Bank" account inexistenceat thetime Mr. RileyfiledhisJuly3,2013

monthly income. $1,000.00 fromself-employmentand $475.00 in rental income, for a totalof$1,475.00 in 83. Under the sectionnumbered 5 for"monthly income beforetaxes,"Mr. Rileydisclosed

82. Mr. Riley also discloseda checkingaccount at "TDBank" containing$700. [Ex. 37]

3,2013,the date the affidavit was signed, the account held a balanceof$1,323.01. Bates 414] AsofJune 28, 2013, the balance was $1,356.00. [Ex. 35 at 416] AsofJuly affidavit, intowhich a depositof$5,000.00 was made on June 3, 2013. [Ex. 37; Ex. 35 at 81. Mr. Rileydisclosed,for the first time, theProvidentbank accounton the July 3,2013

Allegationsrelatingto Mr. Riley'sJuly3,2013 FinancialAffidavit:

balances. conscious disregardofMr. Riley's obligations to investigate andaccuratelyreport these understatethesebalances.The disclosures,however, reflecteitherlackofcareor balancesin theRETA accountand theProvidentaccountareinaccurate,they did not that Ms. Fay asserted he was understating income. Although hisdisclosureofthe 80. Mr. Riley again failed to disclose the Provident account, even though he was on notice

79. Mr. Riley used funds in both theProvidentaccount and theRETA forpersonalexpenses.

balanceof$8.15.[Ex.34] 78. He failed to disclosetheProvidentbank account, which asofApril 30,2013 had a

atBates 143] 4,419.33 on May 7, 2013, the day after the affidavit was signed. [Id. at Bates 504; Ex. 31, $2,708.68 asofApril 30, 2013 [Ex. 57 at Bates 502-504]. This account had a balanceof 77. Mr. Riley failed to accurately disclose the balance in the RETA, which held a balanceof

financialaffidavitwas the RETA. 76. The only "TD Bank" account in existence at the time Mr. Riley filed the May 6,2013

monthly income. [Id.] $1,500.00 from self-employmentand $475.00 in rental income, for a totalof$1,975.00 in 75. Under the section numbered 5 for "monthly income before taxes," Mr. Riley disclosed p. 10 Page 10 of22

at Bates881; Ex. 30 atBates 1007-1016 (Amended 2012 Tax Return)] 95. The Final Order went found that Mr. Riley's true income for 2012 was $162,745.74. [Id.

personalbenefit." [Id. atBates 873-877] todisclosesignificantamounts held in bankaccounts,which he was usingfor his Riley had"consistently,purposefully,and intentionallyunderstatedhisincome and failed re-emphasizedtheCourt'sfinding at that time,undisturbedby its Final Order, that Mr. 94. The Final Order reproducedverbatimcertain findings from theCourt's2013 Order, and

[Ex.21] 93. The Court issued a Final Child Support Order on April14,2015 ("the Final Order").

92. Mr. Riley testifiedat the April 7,2015 hearing, as did Mr.Maloney.

accurateincome for theyears2012, 2013 and 2014. [Ex. 21 atBates 873, 877] 91. The Court held a finalhearingon April 7,2015 todetermineMr. Riley'strue and

Child Support,and Award ofAttorney'sFees to Ms. Fay The Final Hearing in April2015, theFinal Order on

submitteda reportdatedApril3, 2015. [Ex. 39] 90. RichardJ.Maloney, Esquire,CPA, was appointedCommissioner. Mr. Maloney

issued a finalreport. [Id.] 89. The Court'sOrder stated that the Court would hold ahearingonce theCommissioner

deems to be likely to assist him in his appointed task." [Id.] and delegated authority to the Commissioner "to access all financial records which he 88. The Court ordered both parties to cooperate with theCommissioner and his investigation

make a "recommendation regardingMr. Riley'sincome for theidentifiedperiod." [Id.] 87. In the 2013 Order, theCourt appointed aCommissioner,to be paid for by Mr. Riley, to

Orders shall bereformedretroactivelyto January 1,2012." [Ex. 6 at Bates 333] Orders addressing child support were fraudulentlymanipulatedby Mr. Riley. Those ofhis income and failure to disclose associated liquid assets, theCourt'sidentified misrepresentations to the Court" and "based upon Mr.Riley'sintentional understatement 2013 Order that theRiley/Faydivorce file "is fraught with Mr.Riley'sfraudulent 86. Following a hearing on Ms.Fay'smotion to modify child support, the Court found in its

The Court'sJuly26,2013 Order and theAppointment ofa Commissioner p. 11 Page 11 of22 to Mr. Riley fromrentingout hisresidenceinSeabrook. Bates 879] The Panel made no findings as to funds in the RETA, other than those funds comprisedofrental income Whether this helpfulness is gifting or a loan, it is not income, regardless of how generous his mother is." [Ex.21 at Order dated April14,2015 that how much money Mr. Riley's mother may have loaned him"does not matter. to him from his mother (who has since passed away), to whom he owes over $232,000. Judge Foley noted in his 6 For example, Mr. Riley testified before Judge Foley that most of the money in the RETA was comprisedofloans

ofthe ProvidentAccount and his receiptofa $67,000 legal feewhich constituted a his2012 FinancialAffidavits(or his May 6,2013 FinancialAffidavit),boththeexistence 104. Mr. Riley'sAnswer to the NoticeofChargesdid not dispute that he failed to disclose, on

date wascontinuedto January 22,2016. would notappearat thehearingthenscheduledforJanuary15,2016.The firsthearing 103. Mr. Riley informed the ADO and theHearingPanelChairon January1,2016that he

Rileyhas not appealed this Order. He had not paid Ms. Fay. [Faytestimony] $16,439.25and required Mr. Riley to pay this amountwithin90 days. [Ex. 52] Mr. 102. On November 5,2015,the Courtgrantedattorneys'fees to Ms. Fay in the amountof

Rileyfiled anobjectionon July 1,2015. [Ex.51] since 2012. Thataffidavitset forth total attorneys' feesof$18,195.50.[Ex. 50] Mr. attributable to thecalculationand collectionofMr. Riley'struechildsupportobligation 101. On June 19,2015, Mr. Boc, counsel for Ms. Fay, filed anaffidavitofattorneys'fees

100. Mr. Rileydid not appeal the Final Order.

[Id.] the calculation andcollectionofMr. Riley'strue child supportobligationsince2012." behavior," Ms. Fay was awarded that portionofher attorney's fees"closelyconnected to 99. The Final Order also found that"based on Mr. Riley'soutrageousand deceptive

$28,690.00. [Id.] Mr. Rileypaid thatarrearagein atimelymanner. lump sum within60 daysofthe NoticeoftheFinalOrder, anamount totaling 98. The Final Order required Mr.Rileyto pay Ms. Fay all child supportarrearagesin one

January1,2015. [Id. at 884] 97. The Final Order imposed a child support obligation on Mr.Rileyof$1,175.00effective

on his financialaffidavits. [Id. at 879] for purposesofcalculating his child support obligations andshouldhave been disclosed RETA. [Id. at 875]The Court found that such rentalincome was income to Mr.Riley that Mr.Rileydeposited rental income from summer rentalofhis Seabrook home into the support purposes, all funds in the RETA.6 [Ex.21 at Bates 879] It did find,however, 96. The Final Order stated that the Court would notimputeas income to Mr.Riley,for child p. 12 Page 12 of22 Affiant from any source. 8Form NHJB-2065-FS (5-25-10)alsorequiresdisclosureof"AdditionalAssets"thatincludesmoney owed to [Ex.21 at Bates 879] earned and received in a prior year and then tucked in a desk'fora rainy day' or to avoiddisclosureon a tax return." "There isnothingin RSA 458-C which restrictsme from consideringas income for agiven year a check thatwas

equivalent. sectioncovers"assets/checkingaccounts"(section7),thosetwo categoriesare not one sectionofthefinancialaffidavitcovers"monthly income" (section5), andanother divorce matter need not disclose cash on hand and/or savings account information.8 If accounts";and (c) Mr. Riley cited no authority for thepropositionthat alitigantin a FinancialAffidavits,under section "7. Assets,"requestdisclosureof"checking account[Ex.13,new accountfor"TotallyFreeChecking"];(b) alloftherelevant accountsheld at TDBank, theProvidentaccount was a "checking,"not asavings, on hand." [Answer ^|26] The Committee rejectsthisargument because (a) like the two legal feebecausethefinancialaffidavithas no"section"for"savingsaccounts"or"cash 109. Mr. Riley alsoapparentlydefended his failure to disclose theProvidentaccount and the

have been on his2012 financialaffidavits. figures is$47,150.74,a sum which was income to Mr. Riley in 2012 and thus should $114,150.74 intothe ProvidentAccount in2012. The differencebetween thosetwo ProvidentAccount. Rather,bank recordsdemonstratethatMr. Riley deposited 108. Finally, the$67,000 legal fee did not comprise theentiretyofthe funds held in the

[Ex. 56] firm in his deskdrawer as an asset. [Exs. 54, 55] Nor did he do so on his2011 tax return. do so. Nor did he thendisclosethat he had an uncashed bankcheck payableto his law the $67,000 legal fee when it was earned, i.e. in a2011 Financial Affidavit. He did not 107. Even were theCommittee toacceptMr. Riley'sinterpretation,he should have disclosed

affidavit. practicewhich was actuallyreceived/negotiatedin the timeperiodcovered by the support for theassertionthat a financial affidavit need notreflectincome from a law rejectedthem in his Order dated April14,2015,7Mr. Riley failed to come forth with any 106. The Hearing Panel rejected these defenses. Putting aside the fact that Judge Foley

financialaffidavit."[Answer ffi[21,23] FinancialAffidavit"dealtsolelywith the incomeassociatedwith thepresenttime ofthe to dowith currentincome for theyear2012." According to Mr.Riley,the April2012 "[t]hefundssupporting[the $49,000] deposit were earned in2010-2011 and had nothing under no obligation to report it on his2012 Financial Affidavits. [Id] He stated that it into multiple, smaller checks) in2012,he earned the legal fee in2011,and thus he was 105. Mr. Riley stated that although he deposited thecashier'scheck for $67,000 (after splitting

obligationtodisclosethisinformation.[Answer ^f21,23, 31,36, 55] portionofthefunds in theProvidentaccount. Rather,he assertedthathe had no p. 13 Page 13 of22 knowing and intentional. 116. For thereasonsoutlinedbelow,theCommittee findsthatMr. Riley'sconduct was

mind ismore culpablethan a "knowing" stateofmind. consciousobjectiveorpurposeto accomplish aparticularresult."This stateof 115. An intentionalstateofmind is defined in the ABA Standards asactingwith"a

that couldpotentiallyhave hindered hisjudgment."). ... is the volitional natureofthe respondent's acts, and not the external pressures 285, 307 (2009)(discussing"knowing" misconduct and stating"[w]hatis relevant ABA Standards, Sec. Ill ("Definitions"). See also In ReWyatt'sCase, 159 N.H. withouttheconsciousobjectiveor purpose toaccomplisha particularresult." "consciousawareness ofthe natureor attendantcircumstancesofthe conduct but may be inferred fromcircumstances."The ABA Standards define"knowledge" as "denoting]actual knowledgeofthefactfs]in question. Aperson'sknowledge 114. Rule 1.0(f)ofthe RuleofProfessionalConduct defines"knowingly" as

Tribunal) and a Rule 3.4(c) (Fairness to Opposing Party andCounsel)violation. 113. A knowing stateofmind is an essential element for a Rule 3.3(Candor to the

RETA or to theotherTD Bank account. under section 7. This is true whether one compares the disclosed amount either to the balances for the sole "TD Bank" checking account he disclosed on his financial affidavits whether therewere two TD bank accountsor one, Mr.Riley never disclosedcorrect affidavitshouldhave disclosed both TD Bank Accounts. More importantly,however, TD Bank accountno.XXXXXX7865). Thus, at aminimum, Mr. Riley'sJuly2012 TD Bank account already existed) until August 8,2012 (when Mr. Riley closed the other the periodoftime covering July 2,2012 (when Mr. Riley opened the RETA and the other no.XXXXXX1497, and the"other"TD Bank account,accountno.XXXXXX7865) for 112. His assertionsareincorrect.First,therewere two TD Bank accounts (theRETA, account

TD bank accountopen." confusingthe two TD Bank accounts....[a]t alltimes,therewas effectivelyonly one to|41 oftheNotice ofCharges affirmativelyallegedthattheADO "isconfused and is argument which must fail based on the bank records. Forexample, Mr. Riley'sAnswer 111. Second, Mr. Riley stated that the ADO"confused"the two TD Bank Accounts, another

evidencedby bank recordsand contradictMr. Riley'sdenials. 62] But as to theexistenceofand balanceofvariousbank accounts,thoseareplainly Account asofa given day. [See, e.g. ffl|28, 59oftheNoticeofCharges;Answer ffi|30, First, Mr.Rileydenied certainallegationsaddressingbalancesin theRETA and TD Bank balancesheld in the TDBank Account and/orRETA, Mr. Riley'sAnswer did twothings. 110. As to thefailurestodisclosetheexistenceoftheRETA and toaccuratelydisclose p. 14 Page 14 of22

a one-timesettlementdifferentand larger than any other case I canrecallhaving chiropracticsettlementfee"was not a case I would havetypicallytaken, and was justhow singularan eventthis was; he makes a pointofstating that the $67,000 legal fee Mr. Riley received. Mr.Riley'sresponseto the ADO illustrates 122. The openingbalancefor theProvidentaccount came from aportionofthe

with nearly$50,000 would make the account morememorable, notless." Id. thatassertion"counterintuitiveand lacking incredibility.Justopening an account financialaffidavit.[Ex. 6 atBates329] The Committee, likeJudge Foley,finds about theProvidentaccountat the time he filled out andsignedhisApril2012 had $350 in the TD Bank account. He testified before Judge Foleythathe forgot institution, Mr. Riley filed the April 2012 financial affidavitrepresentingthat he 121. Less than onemonth after making this large initialdepositat a newbanking

[Exs. 13, 14] Bank), bydepositing nine bank checks totaling $48,000 as well as $1,000 in cash. at a new bank not previouslydisclosedto orknown by hisex-wife(Provident 120. One month later,however, on March 7,2012,he opened a new checking account

insurancefor hisyoung son. presentmonthly income,"and no longer able to afford childsupportor health hischildsupportobligation.He claimedhe was"unemployed, withoutany two-yearsuspensionpartially stayed [Exs.44,45],Mr. Riley moved to terminate Hearing Panelapproved hisStipulationin his previousdisciplinarymatterto a 119. The chronology supportsthis finding. OnFebruary6,2012, threedays aftera

wife andtherebyavoidpayingchild support. [Ex. 2 at Bates 930] throughout a periodofmore than a year, in order to conceal income from his exdemonstrates that Mr. Riley failed to accurately disclose financialinformation 118. Intent may be inferred from the circumstances. Here, thedocumentary evidence

d. Correctand accuratebalancesforthe TD Bank Account.

b. The existenceofthe Providentaccount and balancesheld therein;

a. The $67,000 legal fee;

financialaffidavits: matteroflaw hisconductwas also"knowing"),when he failed todisclosein his below, theCommittee finds that Mr. Riley actedintentionally(and thus as a 117. Based on thePanel'sfindings as noted supra flfl|12-103),and as set forth further p. 15 Page 15 of22 undisclosed,and the balances inthe TD Bank account inaccurate. significantfundsin the monthsthereafter,and awarethat theexistenceof the RETAand ProvidentAccountwere awarethat he was openingbankaccountson agivenday withagivendeposit,awarethat he wasdepositingfurther thefinancialaffidavitswere signed underoath,that the courtandtheopposingparty wouldrely on them astruthful, a "consciousawareness ofthe natureor attendantcircumstancesofhisconduct," i.e. he was aware ofand knew that 9 Mr. Riley's conduct was also knowing because he had actualknowledgeof the relevant facts in question as well as

previous disciplinary matter, which also involveddishonest conduct. 126. Furthermore, Mr. Riley engaged in these acts while "on probation" for his

year.9 Affidavits were glaring, substantial, and occurred over the courseofmore than a of Mr. Riley's failure to disclose theRETA. The omissions on his Financial avoid a legal obligation (i.e. child support), and benefit himself. The same is true deceive the court and the opposing party with an objective to understate income, separate financial affidavits coveringthat same period demonstrates his intent to totaling$115,150.74,into an account he usedfrequently,while submitting three 125. Mr. Riley's failure to disclose over a five month period four separate deposits

financialaffidavit) c. $29,150.74on August 18, 2012(undisclosedon hisSeptember 12, 2012

financialaffidavit);and b. $22,000 on July26,2012 (undisclosed on hisSeptember 12,2012

affidavit); a. $15,000 on June 25, 2012 (undisclosed on his July 13,2012 financial

affidavits: accountwithoutdisclosingthe account or its balance on thepertinentfinancial almost daily, and (b) deposit the following significant amounts into the Provident 124. However, Mr. Rileycontinuedin the ensuing months to (a) use theaccount

April2012 financialaffidavitthat he had only $350 in a singlecheckingaccount. been suspended from the practiceoflaw and Mr. Rileyrepresentedthat in his action was not surprising given that, as far as the Court was aware, Mr. Riley had terminatedhis child supportobligation,by Orderdated April19,2012. This 123. Shortly after receiving Mr. Riley's April 2012financialaffidavit, the Court

financialaffidavit. nineseparateofficialbank checks,less than amonth beforehe filed therelevant settlementamount of his career,which hedepositedinto a new bank account, via Committeethus does not creditMr. Riley'sclaimthat heforgotthelargest inmy 18yearsas anattorney" [Ex.53 (emphasisadded)at Bates 6] The p. 16 Page 16of22

violatedthefollowingRules ofProfessionalConduct by clearand convincingevidence: The Committee concludes thatthereisclearand convincingevidence thatMr. Rileyhas

and in thejudicialprocess. inaccurate anddishonest.Such conduct harms thepublic'sconfidencein lawyers an officerofthe court. His financialaffidavits,though signedunder oath, were 132. Finally, Mr.Riley'sconductharmed the integrityoftheprofession.A lawyeris

Division. significantlydelayed proceedings and wasted the resources of the Family 131. Mr. Riley's conduct also injured the legal system because his dishonest conduct

inaccuratefinancialaffidavits. should have been astraightforwardmatterofaffirmativedisclosureby Mr. Riley significantattorneys'feeslitigatingan issue(namely,Mr. Riley'sincome) that family to make ends meet. Ms. Fay was also injured in that sheincurred young son for more than three years and was forced to borrow money from her on numerous financial affidavits, Ms. Fay went without child support for their Riley's conduct injured Ms. Fay. Becauseof themisrepresentationsby Mr. Riley 130. Melissa Fay testified on the issueofsanction. TheCommittee finds that Mr.

remorseand accountability. disclose anyofthe undisclosed information. This assertion demonstrates a lackof to disclose. [Id.] His Answer maintains, however, that he was under no duty to "careless"(thoughnotintentionallywithholding) with regard to theotherfailures income atthattime and shouldhave"). [Ex. 53] Hefurtheradmittedtobeing $67,000 settlementincome which he did notdisclose("I did notdisclosethat 129. In Mr. Riley'sinitialresponseto the ADO, he tookresponsibilityat least as to the

experiencereinforcesthis finding. ofhis obligationofcandor. Ms.Fay'stestimony about Mr.Riley'sfamily law 128. Mr. Riley, given histrainingand experience as a lawyer,shouldhave been aware

why. Mr. Rileydid notinitialeitherportionofthe Rule1.25-A certification. 1.25-A regardingmandatory disclosure"or ifhe did notcomply, thathe set forth Rileyconfirm,by initialing,that he had"compliedwith [FamilyDivision]Rule is true to bestofhisknowledge. The financialaffidavitsfurtherrequiredthat Mr. notarized,requiringthe partysigningto affirm theinformationcontainedtherein 127. Litigantshave aduty to behonestwith the Court, andfinancialaffidavitsare p. 17 Page 17of22

correctthe materialmisinformationcontainedin the financialaffidavitsas filed. Division,Mr. Riley offered evidencehe knew to befalse.Furthermore,he failed to 140. Inknowinglyandintentionallyprovidinginaccuratefinancialaffidavitsto theFamily

(No. XXXXXX7865) on his financial affidavit dated July 13, 2012. 139. Mr. Rileyknowinglyand intentionallyunderstatedwhat was in his TD Bank account

as setforthabove. accurateamounts in theProvidentaccount,the TD Bank account,and theRETA account affidavitshefiledin hispost-divorcematterwithMs. Fay,theexistenceofand/or 138. Mr. Rileyknowinglyandintentionallyfailedtoadequatelydisclose,in thefinancial

them in theeventany informationwas inaccurate. 137. Mr. Riley knew that he had a duty to betruthfulin suchfinancialaffidavits and to update

fundsfor hispersonalusethroughoutthe timeperiodcoveredby hisfinancialaffidavits. 136. Mr. Riley knew that theseaccountsheldsubstantialsums and that he was accessingthose

RETA. frame. He thereforeknew about theTD Bank account,theProvidentaccount,and the depositedopening balances, and regularly utilized each account during the relevant time 135. Mr. Riley opened each checking account and deposited additional sums thereafter,

thelawyerreasonablybelieves is false. other than the testimonyofa defendant in a criminal matter, that disclosure to the tribunal. A lawyer may refuse to offer evidence, shall takereasonableremedial measures,including,ifnecessary, materialevidenceand comes toknow ifits falsity, thelawyer lawyer'sclient,or awitnesscalledby thelawyer,has offered (3)offerevidencethat thelawyerknows to be false.Ifa lawyer,the

tribunalby the lawyer; or a false statementofmaterial fact or lawpreviouslymade to the (1) make a falsestatementoffact orlaw to atribunalor fail tocorrect

(a) Alawyer shall notknowingly:

134. Rule 3.3 states inpertinentpart:

133. Factual findings set forth above areincorporatedby reference.

divorce proceedings would be accurate constitutes a violationofRule 3.4(d). ofall bank accounts which he was using so that hissubmissionto the court in his post- 146. Mr. Riley'sfailure toundertakereasonably diligent efforts toascertainthe truebalances

1.25-A and 2.16. accurate and truthful in his financial affidavits as required by FamilyDivisionRules 145. Mr. Riley violated Rule 3.4(c) when he knowingly disobeyed hisobligationto be

rule subject to appropriate action by theCourt...."Rule 2.16(B). schedulingconference, or any time thereafter...shall be considered a violation of this all assetsofthe parties...[ijntentional failure to disclose any asset at the timeofthe order to make full and complete disclosure to each otheroftheidentificationand valueof requested on the family division financial affidavit." Parties are"undera continuing Rule 2.16addressesfinancial affidavits and requires that they"containtheinformation child support filed by Mr. Riley in February 2012. See Rules 1.25-A,1.25(B)(1)(a). petitions to change court orders in parenting matters, such as the motion to terminate that current financial affidavits be submitted in the format required by Rule2.16for any 144. Rule 1.25-A(Mandatory InitialSelfDisclosure)ofthe Family Division Rules requires

discoveryrequestby an opposing party. make reasonablydiligenteffort tocomply with a legallyproper (d) inpretrialprocedure,make a frivolousdiscoveryrequestor fail to

exists; for an open refusal based on an assertion that no validobligation (c)knowingly disobeyan obligationunderthe rulesofa tribunalexcept

an inducementto a witness that isprohibitedby law; (b) falsifyevidence,counselor assist awitnesstotestifyfalsely,or offer

to do anysuch act; evidentiaryvalue. A lawyer shall not counsel orassistanotherperson alter,destroyor conceal a document orothermaterialhavingpotential (a)unlawfullyobstructanotherparty'saccesstoevidenceor unlawfully

A lawyer shallnot:

143. Rule 3.4 states,inpertinentpart, as follows:

142. Factual findings set forth above are incorporated by reference.

Rule 3.4:Fairness to Opposing Party and Counsel

ProfessionalConduct 3.3. 141. The foregoing represents clear and convincing evidenceofa violationofRule of p. 19 Page 19of22

baselinesanction. aggravatingand mitigating factors may result in an upward or downward adjustmentofthe establishmentofa baselinesanction. Conner's Case, 158 N.H. at 303.Considerationof Analysisofthelawyer'smisconduct under the first three prongs results in the

mitigatingfactors." Id (quotingDouglas'Case, 155 N.H. 613,621 (2007;; seeStandards, §3.0. or actual injury caused by thelawyer'smisconduct; and (d) the existenceofaggravating or imposedin a particular case: "(a) the duty violated; (b) the lawyer's mental state; (c) the potential set forth a four-prong analysis as a framework for determining the appropriate sanction to be guidance in determining appropriate sanctions. Conner'sCase, 158 N.H. at 303. The Standards StandardsforImposingLawyer Sanctions("Standards"), it does look to the Standards for 365 (2007). Although the Court has not formally adopted the American BarAssociation's in the future." Conner's Case, 158 N.H. 299, 303 (2009); see also,Grew's Case, 156 N.H. 361, confidence in the bar, preserve the integrityofthe legal profession, and prevent similar conduct The purposeoftheCourt'sdisciplinary power "is to protect the public, maintain public

violatedRule ofProfessionalConduct 8.4(a). 152. In lightofthe foregoing, there is clear and convincing evidence that Mr.Riley'sconduct

ProfessionalConduct 8.4(c). 151. The foregoingrepresentsclearand convincingevidenceofa violationofRule of

misrepresentation. divisionMr. Rileyengaged inconductinvolvingdishonesty,fraud,deceitor 150. By intentionally and knowingly filing false financial affidavits with the family court

(c) engage inconductinvolving dishonesty, fraud,deceitor misrepresentation;

It is professionalmisconductfor a lawyer to:

149. Rule 8.4(c)statesas follows:

148. Factual findings set forth above are incorporated by reference.

ProfessionalConduct 3.4. 147. The foregoing represents clear and convincing evidenceofviolationsofRule of p. 20 Page 20 of22

significantlydelayedtheproceedingsintheFamilyDivisionand needlesslywastedthecourt's damaged by Mr. Riley'smisrepresentationsto theCourtregardinghisincome,which feeslitigatingthe issue of Mr. Riley'sabilitytopay.The integrityof the legal systemwas parties'youngson formore thanthreeyears,and shewas forcedto incursubstantialattorneys' financialconditiondeprivedMs. Fay of thechildsupporttowhichshe wasentitledforthe legalsystemand to theprofession.Specifically,Mr. Riley'smisrepresentationsas tohis Mr. Riley'smisconductcausedseriousinjuryto theopposingparty,MelissaFay,to the

or no" injury. "littleorno"injury;areferenceto"injury"aloneindicatesany levelofinjurygreaterthan"little whichresultsfrom a lawyer'smisconduct.The levelofinjurycanrangefrom"serious"injuryto "Injury"isdefinedastheharm to aclient,thepublic,thelegalsystem,ortheprofession

Prong III:Injuryor PotentialInjury

support), and benefit himself. " opposingpartywithanobjectivetounderstateincome,avoida legalobligation (i.e. child his failure to disclose the RETA demonstrated "Mr. Riley's intent to deceive the court and the affidavits"on the heels ofmovingtoterminatechildsupporton the basis of lack ofincome"and fourseparatedepositstotalingover$115,000overafivemonth periodinthreeseparatefinancial 3.3 and 3.4 violations, and also intentional, as evidenced by the finding that his failure to disclose Mr. Riley's mental state was, at aminimum, "knowing," sufficient to establish the Rule

particularresult." See Standards at 7. circumstancesofhis or herconductbut without the consciousobjectivetoaccomplisha knowledge,when the lawyer acts with conscious awarenessofthe nature or attendant objective to accomplish a particular result. The next most culpable mental state is thatof state: "The most culpable mental state is thatofintent, when the lawyer acts with the conscious The sanctionto beimposed under the Standards depends,in part, on thelawyer'smental

Prong II:Mental State:Intent/Knowing or Negligent

ofjustice or that involvesdishonesty,fraud deceit, ormisrepresentationto a court. that aregenerallyappropriate in casesinvolvingconductthat is prejudicial to theadministration Duties Owed to the Legal System). Inparticular,§ 6.1of the Standards sets forth the sanctions knowingviolationsof Rules 3.3, 3.4 and 8.4 (c)implicates§ 6.0 of the Standards (Violationof engagedindeceitby filingfalsefinancialaffidavitswiththeFamilyDivision.Mr. Riley's accuratein hisfinancialaffidavitsasrequiredby therulesof theFamilyDivision;and he he violatedhisdutyoffairnesstoopposingpartyand counselbyfailingto betruthfuland affidavitstotheFamilyDivisionand failingtocorrectthematerialmisinformationhe provided; Mr. Rileyviolatedhisdutyofcandortothetribunalby providinginaccuratefinancial

Prong I:Duty Violated p. 21 Page 21of22

associated with the investigation and prosecutionofthis matter. The Committeerecommends that theRespondentbe held responsible for all costs

and citationomitted). profession,and preventsimilarconductinthefuture." Grew's Case, 156 N.H. at365 (quotation toprotectthepublic,maintainpublicconfidenceinthebar,preservetheintegrityof thelegal Standards. The purposeoftheCourt'sdisciplinarypower"isnottoinflictpunishmentbutrather Richmond'sCase, 152N.H. 155,159-60(2005).Thissanctionis also in accord with the inaccordwiththepurposesofattorneydiscipline. See e.g.,Conner'sCase 158 N.H. at 303; appropriatedisciplinein thismatteris adisbarment.The Committee'srecommendedsanctionis Havingmade theaforementionedfindingsandrulings,theCommitteeconcludesthat the

a downward departure from the baseline sanctionofdisbarment. hissubstantialexperience,and his lackofremorse.Therewere nomitigatingfactorswarranting specificRule violations, and included Mr. Riley's prior disciplinary record, his selfish motive, The aggravating factors were detailed by the Hearing Panel in its discussionofthe

B. Aggravating and MitigatingFactors

significant...adverseeffect on the legal proceeding." withholds materialinformation,and causesserious...injury to a party, orcausesa intent to deceive the court, makes a false statement, submits a falsedocument,or improperly provides, in pertinent part, that disbarment is generally appropriate"when a lawyer, with the appropriatesanctionfor Mr.Riley'sproven violationsofRules 3.3, 3.4 and 8.4.Section6.11 any aggravatingor mitigatingfactors, §6.11ofthe Standards indicatesthatdisbarmentis the Based upon the foregoing analysisofthe first three prongs, and before considerationof

A. BaselineSanction

Prong IV:Aggravatingand MitigatingFactors

professionand the judicial system. court,harmedtheintegrityof theprofessionbyunderminingthe public'sconfidencein the resources.Mr. Riley'ssubmissionoffalseaffidavits,signedunderoath and as anofficerof the p. 22 Page 22 of22

File PeterA. Riley cc: Sara S. Greene, DisciplinaryCounsel

for violatingRulesofProfessional Conduct 3.3; 3.4; 8.4(c) and 8.4(a). For allofthe above reasons, the Committeerecommends thatRespondentbe disbarred