David Rodli Disciplinary Complaint

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Shaun R. ThompsonDisciplinary CounselP.O. Box 1099Helena, MT 59624-1099Tele.: (406) 442-1648Office of Disciplinary Counsel

OR I G I NALFILED

AUG 312010

( SmithCLERK OF THE SUPREME CoupiSTATE OF MONTANA

FILEDAUG 812010

( SmithCERKO

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67 BEFORE THE COM MISSION ON PRACTICE OF THE8 SUPREME COURT OF THE STATE OF MONTANA9

10 IN THE MATTER OF DA VID P. RODLI, Supreme Court Cause No.11 An Attorney at Law, ODC File Nos. 07-145 & 10-03512 Respondent. COMPLAINT131415By request of a Review Panel of the Commission on Practice, the Office of Disciplinary16 Counsel for the State of Montana ("ODC") hereby charges David P. Rodli with professional17 misconduct as follows:18 General A1leations19 1. David P. Rodli, hereinafter referred to as Respondent, was admitted to the2021 practice of law in the State of Montana in 1978, at which time he took the oath required for22 admission, wherein he agreed to abide by the Rules of Professional Conduct, the Disciplinary23 Rules adopted by the Supreme Court, and the highest standards of honesty, justice and morality,24 including but not limited to, those outlined in parts 3 and 4 of Chapter 61, Title 37, Montana25 Code Annotated.

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I 2. The Montana Supreme Court has approved and adopted the Montana Rules of2 Professional Conduct ("MRPC"), governing the ethical conduct of attorneys licensed to practice3 in the State of Montana, which Rules were in effect at all times mentioned in this Complaint.4 Count One5 3. ODC realleges and incorporates paragraphs 1 through 2 of the General6 Allegations as if fully restated in this Count One.7 4. Alan Peter D'Arcy ("D'Arcy") created a company named International8 Management Associates ("IMA"), a Nevada corporation. At all times pertinent hereto,9 Respondent represented IMA a nd D'Arcy.

105. At all times pertinent hereto, Deborah and Eric Berry ("the Berrys) were affiliated

11 with Genesis Alliance, LLC and Genesis Capital Management, LLC, both Nevada companies12

(collectively, "Genesis").13

14 6. Allan Clark ("Clark") Jack Wilemon ("Wilemon") formed a company called15 USPAC, Inc., a Delaware corporation.16 7. Clark was also the principal in another business, Financial Risk Specialists, Inc.17 ("FRS").18 8. On or about 2003, D'Arcy, Clark and the Berrys, through their respective entities,19 started working together as part of a plan to make money on certain investment programs.20 9. IMA and Genesis recruited investors to invest in the programs. Prospective21 investors were promised substantial returns on their capital. Upon information and belief,22 Respondent pa rticipated in recruiting investors.23 10. The investments were to be arranged by FRS.2425

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11. In early 2004, Respondent opened up two trust accounts at JP Morgan ChaseI

2 Bank of Dallas, Texas for use in the investment plan. The first account was named "David Rodli3 Law Offices Trust Account." The second account, "David Rodli Law Offices Transactions4 Account," had a D allas lawyer as a second signatory.5 12. Also in 2004, Respondent opened a third account at JP Morgan Chase Bank of6 Dallas, Texas: "David Rodli Law Offices Transactional Trust Account #2." It also had a Dallas7 lawyer as a second signatory.8 13. Said trust accounts were not interest-bearing.9 14. Certain investor funds were deposited into David Rodli Law Offices

10 Transactional Trust Account #2. Respondent represented to investors that funds were to be held11 in trust and not transferred or otherwise removed without the permission of the investor.12

15. On or about July 9, 2004, $500,000.00 received from Clear Partners, Ltd. ("Clear13

14Creek"), a Texas limited partnership, was deposited into David Rodli Law Offices Transactional

15 Trust Account #2.16 16. In January 2005, an additional $50,000.00 received by Clear Creek was deposited17 into David Rodli Law O ffices Transactional Trust Account #2.18 17. Without the knowledge or consent of Clear Creek, Respondent removed the19 $550,000.00 belonging to Clear Creek out of David Rodli Law Offices Transactional Trust20 Account #2.21 18. On or about March 2, 2006, Clear Creek demanded the return of its money but22 Responden t did not return the funds.23 19. Respondent's conduct, as described herein, constitutes violations of Rules 1.15,24 1.18 and 8.4, MRPC.25

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1 Count Two2 20. ODC realleges and incorporates paragraphs 1 through 2 of the General3 Allegations and paragraphs 4 though 14 of C ount One as if fully restated in this Count Tw o.4 21. On or about September 23, 2004, $250,000.00 received from Killian Construction5 Co., a Missouri corporation ("Killian"), was deposited into David Rodli Law Offices6

Transactional Trust Account #2.78 22. Without the knowledge or consent of Killian, Respondent removed the9 $250,000.00 belonging to Killian out of David Rodli Law Offices Transactional Trust Account10 #2.11 23. In April or May 2005, Killian demanded the return of its money but Respondent12 did not return the funds.13 24. Upon information and belief, after Killian filed a lawsuit against Respondent,14 some of the monies belonging to Killian have been repaid by Wilemon.15 25 . Respondent's conduct, as described herein, constitutes violations of Rules 1.15,16 1.18 and 8.4, MRPC.17 Count Three18 26. ODC realleges and incorporates paragraphs 1 through 2 of the General19

20Allegations and paragraphs 4 though 14 of C ount One as if fully restated in this Count Three.

21 27. On or about June 30, 2004, $180,000.00 received from Community Full Gospel22 Church, aka, Gateway Fellowship ("the Church"), of Oakley, Kansas, was deposited into David23 Rodli Law Offices Transactional Trust Account #2.2425

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1 28. Without the knowledge or consent of the Church, Respondent removed the2 $180,000.00 belonging to the Church out of David Rodli Law Offices Transactional Trust3 Account #2.4 29. In June 2005, the Church demanded the return of its money but Respondent did5 not return the funds.6 30. Upon information and belief, the Church filed a lawsuit against Respondent and7 some of the monies belonging to Killian have been repaid by Wilemon.8 31. Respondent's conduct, as described herein, constitutes violations of Rules 1.15,9 1.18 and 8.4, MRPC.

10 Count Four11 32. ODC realleges and incorporates paragraphs 1 through 2 of the General12 Allegations and paragraphs 4 though 14 of Count One as if fully restated in this Count Four.13

14 33. SolarMission Technologies, Inc. ("SMT") is a Nevada corporation, headquartered15 at Respondent's law office. At all times pertinent hereto, Respondent was Secretary of the SMT.16 Rodli has also represented SM T as its attorney and served as a director.17 34. On November 24, 2004, without authorization from SMT's president or board of18 directors, Respondent transferred $275,000.00 from SMT's bank account with Wells Fargo19 located in Missoula, Montana to the David Rodli Law Offices Trust Account.20 35. On December 3, 2004, Respondent transferred $262,000.00 of the $275,000.00 to21 David Rodli Law Offices Transactional Trust Account #2.22 36. The $262,000.00 was aggregated with other funds and transferred to USPAC, Inc.23 at the request of IMA. Three $250,000.00 transfers were made to USPAC, Inc. on December 13,24 2004, December 17, 2004 and December 20, 2004.25

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37. Respondent's conduct, as described herein, constitutes violations of Rules 1.15,1.18 and 8.4, MRPC.

WH EREFO RE, the O ffice of D isciplinary Counsel prays:1. That a Citation be issued to the Respondent, to which shall be attached a copy of

the complaint, requiring Respondent, within twenty (20) days after service thereof, to file awritten answer to the complaint;

2. That a formal hearing be had on the allegations of this complaint before anAdjudicatory Panel of the Commission;

3. That the Adjudicatory Panel of the Commission make a report of its findings andrecommendations after a formal hearing to the Montana Supreme Court, and, in the event theAdjudicatory Panel finds the facts warrant disciplinary action and recommends discipline, thatthe Com mission also recomm end the nature a nd extent of appropriate disciplinary action, and,

4. For such other and further relief as deemed necessary and proper.DATED this 3''"day of August, 2010.

/--- /( _-___7______Shaun R. ThompsonDisciplinary Counsel

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David Rodli Disciplinary Complaint