Ohio's highest court suspends an attorney who advised clients to transfer assets in order to qualify for Medicaid and then lied to the state about whether the clients transferred assets. Stark County Bar Association v. Buttacavoli (Ohio, No. 2017-Ohio-8857, Dec. 7, 2017).
Attorney Glen Buttacavoli's practice involved providing financial advice to elderly clients to enable them to qualify for Medicaid. Mr. Buttacavoli helped two clients gift life estate interests to family members. When the clients applied for Medicaid, Mr. Buttacavoli falsely reported that the clients had not made any transfers. The state discovered the transfers and penalized the clients.
The bar association charged Mr. Buttacavoli with violating rules of professional conduct regarding making false statements. Mr. Buttacavoli admitted to lying about the transfers and cooperated with the bar association.
The Ohio Supreme Court notes that "an attorney's course of conduct involving dishonesty usually warrants an actual suspension from the practice of law" and suspends Mr. Buttacavoli for two years, with 18 months stayed. The court also requires Mr. Buttacavoli to refund the clients his fees.
For the full text of this decision, go to: https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2017/2017-Ohio-8857.pdf
For a local news story about the suspension, click here.
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