l\i~trtct of QColumbiaQCour ~ of ~ppeal~

No. 11-BG-258

IN RE: WILFREDO PESANTE,Respondent.

Bar Registration No. 457512 BDN: 73-10, et al.

BEFORE: Reid, Associate Judge-Retired; and Newman and Terry, Senior Judges.

ORDER

On consideration of the petition of Bar Counsel, on behalf of and at the direction of theBoard on Professional Responsibility (the "Board"), pursuant to DoC. Bar Rule XI, § 3 (c), for atemporary suspension of respondent, Wilfredo Pesante, a member of the Bar of the District ofColumbia; Bar Counsel 's verified motion before the Board, with attachments, requesting that theBoard petition this court for an order temporarily suspending respondent; the Board's orderdirecting Bar Counsel to file the petition supported by an affidavit showing that respondentappears to pose a substantial threat of serious harm to the public; the affidavit of the SeniorAssistant Bar Counsel; respondent's motion for extension of time to answer order of temporarysuspension, and Bar Counsel's motion for leave to file under seal Bar Counsel's lodgedopposition, it is

ORDERED that Bar Counsel's motion is granted and the Clerk is directed to file BarCounsel 's opposition under seal. It is

FURTHER ORDERED that respond~nt's motion for extension oftime to answer orderfor temporary suspension is denied. It is

FURTHER ORDERED that the petition is granted and respondent Wilfredo Pesante ishereby temporarily suspended from the practice of law in the District of Columbia, effectiveimmediately, on the ground that he appears to pose a substantial threat of serious harm to thepublic, based upon allegations of serious misconduct, including intentional or recklessmisappropriation of client funds, dishonesty.conduct seriously interfering with theadministration ofjustice, neglect, intentionally prejudicing clients, failure to communicate,failure to refund unearned fees and surrender client papers, and other ethical misconduct; and it is

FURTHER ORDERED that respondent Wilfredo Pesante is r~lFAff disclose to theBoard and Bar Counsel within ten (10) days of the date of this order the'fckntlty ofall accountswhere he maintains funds subject to Rule 1.1$ (a) of the District of Columbia Rules of.U1JCa.,tfn; ,Professional Conduct ("Rule 1.15")' and it is CkrR..oJ tfie District ~I ({J(um6ia Cout:

, 0 :=tPJ •

EPUTYCLERKJulio Castillo

Cler~ of the District of ColumbiaCourt of Appeals

No. II-BG-258

FURTHER ORDERED that respondent Wilfredo Pesante's maintenance and use of suchaccounts is restricted to the extent that, effective immediately upon service of this order uponWilfredo Pesante, and until further order of the court, he (1) shall comply fully with therequirements of Rule 1.15, and (2) shall disburse funds subject to the rule only with the priorapproval and co-signature of such member of the Bar as the Board may designate to serve asfinancial monitor; and it is

FURTHERORDERED that Bar Counselshall serve copies of this order upon respondentWilfredo Pesante and upon each financial institution in which he is known or believed tomaintain funds subject to Rule 1.15,such order to serve as an injunction barring each financialinstitution so served from making payments fromthe account on any obligation except with theprior approval and co-signatureof the financial monitor referred to in the preceding paragraph ofthis order; and it is

FURTHERORDERED that the Office of Bar Counsel shall identify a financial monitorto the Board who is available and willing to serve in this matter; and it is

FURTHERORDERED that respondentWilfredo Pesante shall comply fully with theprovisions of D.C. Bar Rule XI, § 3 (c)(1), concerning (1) the acceptance of new cases and otherlegal matters, and (2) the deposit, in a trust account complying with the provisions of Rule 1.15,of any and all fees tendered at any time afterservice of this order upon him, and it is

FURTHER ORDERED that respondentWilfreda Pesante's attention is drawn to therequirements of D.C. Bar Rule XI, § 14, relating to suspended attorneys and to the provisions ofRule XI, § 16 (c), dealing with the timing of eligibility for reinstatementas related to compliancewith § 14, including the filing of the required affidavit.

PER CURIAM.

Copies to:

Wilfredo Pesante1054 3pI Street,N.W., Suite 340Washington, D.C. 20007

Wilfredo Pesante1328 H Street,N.E.Washington, D.C. 20002

Charles 1. Willoughby, EsquireChair, Board on Professional Responsibility430 E Street, N.W., Suite 138Washington, D.C. 20001

No. II-BO-258

Wallace E. Shipp , Jr ., EsquireBar Counsel, Office of Bar Counsel515 5th Street, N.W., Suite 117Washington, D.C. 20001

emb