476 Texas Bar Journal • June 2016 texasbar.com
legal matters entrusted to him, failedto promptly comply with reasonablerequests for information from hisclients, failed to refund unearned fees,and failed to respond to the grievancesfiled against him.
Nolen violated Rules 1.01(b)(1),1.03(a), 1.15(d), and 8.04(a)(8). Hewas ordered to pay $4,100 in restitu-tion and $1,885 in attorneys’ fees anddirect expenses.
As of May 18, 2016, Nolen had notfiled an appeal.
On February 12, 2016, Brian WadeRogers [#24041811], 41, of Victoria,was disbarred. The District 11 Griev-ance Committee found that Rogersneglected a client matter, failed tocarry out the obligations owed to hisclient, failed to promptly respond toreasonable requests for information,failed to keep a client reasonablyinformed, and failed to return a clientfile.
Rogers violated Rules 1.01(b)(1),1.01(b)(2), 1.03(a), 1.03(b), and 1.15(d).He was ordered to pay $3,675 in resti-tution and $2,862 in attorneys’ feesand direct expenses.
RESIGNATIONSOn April 5, 2016, the Supreme
Court of Texas accepted the resignationin lieu of discipline of Gwendolyn F.Climmons [#04390000], 56, of Hous-ton. At the time of Climmons’s resig-nation, she had two matters pending.In the first matter, Climmons failed topromptly deliver settlement funds toher client and to a third party thatthey were entitled to receive.Climmons also engaged in conductinvolving dishonesty, fraud, deceit, ormisrepresentation.
Climmons violated Rules 1.14(b),1.14(c), and 8.04(a)(3). She was orderedto pay $7,506.48 in restitution.
In the second matter, Climmons
was subject to compulsory discipline.On or about June 13, 2014,Climmons was convicted of onecount of conspiracy to commithealth care fraud and four counts ofhealth care fraud aiding and abet-ting, intentional crimes as defined inthe Texas Rules of Disciplinary Pro-cedure. Climmons was sentenced toincarceration for 97 months, fol-lowed by supervised release for threeyears, in United States of America v.Gwendolyn Climmons-Johnson in theU.S. District Court for the SouthernDistrict of Texas in Houston. Shewas ordered to pay $972,132.22 inrestitution and $500 in attorneys’fees.
On March 22, 2016, the SupremeCourt of Texas accepted the resigna-tion in lieu of discipline of Ronald D.Coleman [#04571000], 74, ofOxford, Mississippi. At the time ofColeman’s resignation, one discipli-nary matter was pending in which hefailed to hold funds belonging to hisclients separate from his own property,failed to promptly deliver to a clientfunds that the client was entitled toreceive, and failed to return unearnedfees.
Coleman violated Rules 1.14(a),1.14(b), and 8.04(a)(1).
On April 5, 2016, the SupremeCourt of Texas accepted the resigna-tion in lieu of discipline of HumbertoG. Guerrero Jr. [#00784186], 49, ofDallas. At the time of Guerrero’s res-ignation, one disciplinary matter waspending in which Guerrero was hiredin November 2012 to represent thecomplainant in connection with apersonal injury matter resulting froman auto accident. Attorneys’ fees werebased on a contingency fee arrange-ment. After October 2013, Guerrerofailed to promptly comply with rea-
BODAOn April 11, 2016, Ernesto Mal-
donado [#12855100], 81, of Dallas,agreed to a judgment of indefinite dis-ability suspension, effective immediately.The Board of Disciplinary Appealssigned an agreed judgment of indefinitedisability suspension based on Mal-donado’s agreement that he suffersfrom a disability that results in hisinability to practice law.
DISBARMENTSOn February 29, 2016, James Andrew
Nolen [#00784687], 51, of MissouriCity, was disbarred. An evidentiarypanel of the District 5 GrievanceCommittee found that in two separaterepresentations, Nolen neglected the
DISCIPLINARY ACTIONS
Contact the Office of Chief Disciplinary Counsel at (512) 453-5535,the Board of Disciplinary Appeals at (512) 475-1578 or txboda.org,
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texasbar.com/tbj Vol. 79, No. 6 • Texas Bar Journal 477
sonable requests for information fromthe complainant and failed to keepthe complainant reasonably informedabout the status of her case. In Sep-tember 2014, Guerrero filed suit onbehalf of the complainant. There-after, he failed to attend a schedulingconference, and, as a result, the casewas dismissed for want of prosecu-tion. Guerrero failed to furnish awritten response to the complaint asdirected.
In a second matter, in May 2011,the complainant hired Guerrero torepresent her in a personal injury mat-ter. The complainant signed a contin-gency fee agreement. Guerrero settledthe complainant’s case with the third-party insurance carrier and received asettlement check in May 2013 for$8,000. During the course of the rep-resentation, Guerrero failed to ade-quately communicate with thecomplainant, failed to promptly notifythe complainant upon receiving set-tlement checks, failed to disburse anyportion of the settlement checks tothe complainant, and failed to furnisha written response to the complaint asdirected.
In four additional matters, Guerrerofailed to complete the work for whichhe was hired and failed to communicatethe status of the complainants’ casesto them.
Guerrero violated Rules 1.01(b)(1),1.03(a), 1.14(b), 8.04(a)(1), 8.04(a)(3),and 8.04(a)(8).
On March 22, 2016, the SupremeCourt of Texas accepted the resignationin lieu of discipline of Raul H. Loya[#00791142], 52, of Dallas. At thetime of Loya’s resignation, there werefour pending matters against him thatalleged: neglecting of legal matters;failing to communicate; failing tohave contingency fee agreementswith clients in writing; disobeying aruling by a tribunal; engaging in con-duct involving dishonesty, fraud,deceit, or misrepresentation; violatinga disciplinary judgment; and engagingin the practice of law when his right to
sonably informed about the status ofa matter, failed to promptly complywith reasonable requests for informa-tion, failed to refund advance pay-ments of fees that had not beenearned, and failed to file a responseto the complaint. In a second case,Alford neglected the legal matter,failed to keep the client reasonablyinformed about the status of the mat-ter, failed to promptly comply withreasonable requests for information,failed to refund advance payments offees that had not been earned, violateda disciplinary judgment, failed to filea response to the complaint, andengaged in the practice of law whilesuspended. In a third case, Alfordfailed to file a response to the com-plaint and engaged in the practice oflaw while suspended.
Alford violated Rules 1.01(b)(1),1.03(a), 1.15(d), 8.04(a)(1), 8.04(a)(7),8.04(a)(8), and 8.04(a)(11). He was
practice had been suspended. Loya allegedly violated Rules
1.01(b)(1), 1.03(a), 1.04(d), 1.14(a),1.14(b), 1.14(c), 3.04(d), 5.05(a),8.04(a)(3), 8.04(a)(7), and 8.04(a)(11).
On March 22, 2016, the SupremeCourt of Texas accepted the resignationin lieu of discipline of John CharlesPaschall [#15554200], 62, of Franklin.At the time of Paschall’s resignation, adisciplinary matter was pending againsthim. In 1992, Paschall was namedindependent executor of an estate andgiven power of attorney. The personwho named Paschall her executor diedin 2004, and litigation regarding herestate began in 2011. During the litiga-tion, it was discovered that Paschallmisapplied $86,518.07 belonging to theestate. Paschall lied in discoveryresponses and made misrepresentationsto the court in a sworn inventory filedwith the court. Further, Paschall mis-represented to the court that the estatestill contained the $86,518.07 at issue.The court ordered Paschall to turn themoney into the court registry, at whichpoint Paschall withdrew $86,518.07 ofhis own funds and submitted thismoney to the court, representing that itwas from the estate. Paschall violatedRules 3.03(a)(1), 3.04(a), 8.04(a)(1),8.04(a)(2), and 8.04(a)(3).
In early 2015, Paschall was indictedon charges of misapplication of fiduciaryproperty. He pled guilty on January21, 2016, and was sentenced to 10years’ probation and ordered to pay$86,518.07 in restitution, a $1,000fine, and $303 in court costs.
SUSPENSIONSOn December 18, 2015, D. Lee
Alford IV [#01011450], 52, ofBryan, received a five-year partiallyprobated suspension effective Janu-ary 1, 2016, with the first 18 monthsactively suspended and the remain-der probated. An evidentiary panelof the District 8 Grievance Commit-tee found that in one case involvinga divorce, Alford neglected the legalmatter, failed to keep the client rea-
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478 Texas Bar Journal • June 2016 texasbar.com
$1,250 in restitution and $1,000 inattorneys’ fees and direct expenses.
On March 2, 2016, Robert E.Fitzgerald [#07088700], 66, of Dallas,received a five-year partially probatedsuspension effective February 1, 2016,with the first two years actively sus-pended and the remainder probated.An evidentiary panel of the District 6Grievance Committee found that inrepresenting the complainant, Fitzger-ald neglected the legal matter entrustedto him, failed to keep the complainantreasonably informed about the statusof her case and promptly comply withher reasonable requests for informa-tion, and misrepresented informationto the complainant about her case.
Fitzgerald violated Rules 1.01(b)(1),1.03(a), and 8.04(a)(3). He was orderedto pay $1,722.50 in attorneys’ fees anddirect expenses.
Fitzgerald has filed a notice ofappeal and a petition to stay the judg-ment pending the appeal.
On March 21, 2016, ShanitaDanielle Gaines [#24045906], 39, ofOklahoma City, received a two-yearfully probated suspension effectiveApril 1, 2016. In each of three personalinjury matters, a contract paralegalassisted Gaines with maintaining apractice in Dallas. In representing thefirst complainant, Gaines neglectedthe two legal matters and failed tocommunicate with the complainant.Gaines had direct supervisory authorityover the paralegal and failed to makereasonable efforts to ensure that hisconduct was compatible with Gaines’sprofessional obligations. In the secondmatter, upon receiving settlementfunds, Gaines failed to promptly notifythe complainant and the medicalproviders and failed to promptly deliverthe funds. Gaines shared legal feeswith the paralegal. In the third matter,Gaines neglected the legal mattersand failed to communicate with thecomplainant. Gaines had direct super-visory authority over the paralegaland failed to make reasonable efforts
failed to comply with section 13.01 ofthe Texas Rules of Disciplinary Proce-dure relating to notification of anattorney’s cessation of practice; andengaged in the practice of law whileon inactive status.
Anassi violated Rules 1.01(b)(1),1.03(a), 1.15(d), 8.04(a)(3), 8.04(a)(10),and 8.04(a)(11). She was orderedto pay $3,000 in restitution and$1,500 in attorneys’ fees and directexpenses.
On January 8, 2016, Jose AngelBecerra [#24026790], 41, of Laredo,received a six-month active suspensioneffective January 6, 2016. The District12 Grievance Committee found thatBecerra neglected a client matter,failed to obtain prior consent of a for-mer client before commencing the rep-resentation of another person in amatter adverse to the former client in asubstantially related matter, failed tohold client funds separate from his ownproperty, failed to promptly deliverclient funds that they were entitled toreceive, failed to withdraw when therepresentation would result in a viola-tion of the Texas Disciplinary Rules ofProfessional Conduct upon termina-tion of representation, failed to returnunearned fees, and failed to timelyrespond to three grievances.
Becerra violated Rules 1.01(b)(1),1.09(a)(2), 1.14(a), 1.14(b), 1.15(a)(1),1.15(d), and 8.04(a)(8). He was orderedto pay $19,291.82 in attorneys’ feesand direct expenses.
On March 21, 2016, Roland M.Ferguson Jr. [#00786425], 60, of Sul-phur Springs, received a 12-monthprobated suspension (from April 1,2016 to March 31, 2017). An eviden-tiary panel of the District 1 GrievanceCommittee found that Ferguson neg-lected a legal matter entrusted to himand failed to keep his client informedabout the status of his case andpromptly respond to his requests forinformation.
Ferguson violated Rules 1.01(b)(1)and 1.03(a). He was ordered to pay
ordered to pay $3,500 in restitutionand $3,670 in attorneys’ fees anddirect expenses.
On April 13, 2016, JosephineNyaboke Anassi [#24001651], 47, ofHouston agreed to a three-year par-tially probated suspension effectiveJanuary 1, 2017, with the first twoyears actively suspended (which willrun consecutive to her current activesuspension) and the remainder pro-bated. An evidentiary panel of theDistrict 4 Grievance Committee foundthat Anassi neglected the legal mat-ters entrusted to her; failed to keepher clients reasonably informed aboutthe status of their cases; failed topromptly comply with reasonablerequests for information; failed toreturn unearned fees; failed to returnclients’ files upon termination of rep-resentation; engaged in conduct involv-ing dishonesty, fraud, and deceit;
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texasbar.com/tbj Vol. 79, No. 6 • Texas Bar Journal 479
to ensure that his conduct was com-patible with Gaines’s professionalobligations.
Gaines violated Rules 1.01(b)(1),1.03(a), 1.14(b), 5.03(a), and 5.04(a).She was ordered to pay $1,566.66 inrestitution and $1,962.50 in attorneys’fees.
On March 28, 2016, Juan AngelGuerra [#08581320], 60, of Harlingen,accepted a two-month fully probatedsuspension effective March 31, 2016.The District 12 Grievance Committeefound that Guerra failed to return aclient file.
Guerra violated Rule 1.15(d). Hewas ordered to pay $1,000 in attorneys’fees and direct expenses.
On April 11, 2016, Charles K. Harrell[#09036800], 63, of San Antonio,accepted a five-year fully probatedsuspension effective March 1, 2016.The District 10 Grievance Committeefound that Harrell neglected clientmatters, failed to promptly comply withreasonable requests for information,failed to hold funds in a trust andpromptly notify and deliver trust fundsto his clients’ health care providers,and failed to properly supervise theconduct of his non-lawyer employees.
Harrell violated Rules 1.01(b)(1),1.03(a), 1.03(b), 1.14(a), 1.14(b),5.03(a), and 5.03(b). He was orderedto pay $5,067.70 in attorneys’ fees anddirect expenses.
On April 13, 2016, William EricHulett [#00796797], 50, of Dallas,agreed to a nine-month probated sus-pension effective April 15, 2016. TheDistrict 6 Grievance Committeefound that in representing the com-plainant in a divorce proceeding,Hulett failed to keep the complainantreasonably informed about the statusof his matter and failed to promptlycomply with reasonable requests forinformation. Upon termination ofrepresentation, Hulett failed to refundadvanced payments of fees that hadnot been earned. Hulett failed to
nation of the representation, Lake failedto refund advance payments of fees thathad not been earned.
Lake violated Rules 1.01(b)(1),1.03(a), 1.15(d), and 8.04(a)(8). He wasordered to pay $2,000 in restitution,and $1,137.25 in attorneys’ fees.
Lake did not file an appeal.
On March 29, 2016, Elias V. Loren-zana Jr. [#00794191], 49, of RoundRock, accepted a three-year partiallyprobated suspension effective May 1,2016, with the first six months activelysuspended and the remainder probated.An evidentiary panel of the District 9Grievance Committee found thatLorenzana committed professionalmisconduct with respect to four cases.The panel found that in two of thecases, Lorenzana neglected the legalmatters. In all four of the cases, hefailed to keep the clients reasonablyinformed about the status of a matter
timely furnish to the Office of theChief Disciplinary Counsel a responseor other information as required bythe Texas Rules of Disciplinary Proce-dure. Hulett did not in good faithtimely assert a privilege or other legalground for his failure to do so.
Hulett violated Rules 1.03(a), 1.15(d),and 8.04(a)(8). He was ordered to pay$2,500 in restitution and $1,400 inattorneys’ fees and direct expenses.
On April 15, 2016, Afton Jane Izen[#10443400], 67, of Bellaire, accepteda three-year fully probated suspensioneffective May 1, 2016. An evidentiarypanel of the District 4 GrievanceCommittee found that in one matter,Izen failed to keep her client reason-ably informed about his divorce andfurther failed to respond to the griev-ance. In a second matter, Izen failedto respond to the grievance. In a thirdmatter, Izen failed to refund unearnedfees and failed to respond to the griev-ance. In a fourth matter, Izen failed topromptly comply with her client’s rea-sonable requests for informationabout her divorce. In the final matter,Izen failed to keep her client reason-ably informed about her discrimina-tion case.
Izen violated Rules 1.03(a), 1.15(d),and 8.04(a)(8). She was ordered topay $2,500 in restitution and $1,000in attorneys’ fees and direct expenses.
On March 28, 2016, George GregoryLake [#24081565], 30, of Marshall,received a 36-month partially probatedsuspension effective March 23, 2016,with the first 18 months actively sus-pended and the remainder probated.An evidentiary panel of the District 1Grievance Committee found that inrepresenting the complainant in con-nection with a criminal law matter,Lake neglected the legal matter entrustedto him by failing to provide legal services.Lake failed to keep the complainantreasonably informed about the status ofhis criminal matter and failed topromptly comply with reasonablerequests for information. Upon termi-
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480 Texas Bar Journal • June 2016 texasbar.com
complainant reasonably informedabout the status of his legal matterand failed to promptly comply withthe complainant’s reasonable requestsfor information.
Salas violated Rules 1.01(a), 1.01(b)(1),and 1.03(a). He was ordered to pay$3,000 in attorneys’ fees and directexpenses.
On April 25, 2016, Mark L. L.Welker [#12551490], 58, of Quitman,agreed to a nine-month fully probatedsuspension effective May 1, 2016. Anevidentiary panel of the District 1Grievance Committee found thatWelker neglected a legal matterentrusted to him, failed to keep hisclient reasonably informed about thestatus of her legal matter, failed topromptly comply with requests forinformation from the client, andfailed to refund advance payments offees that had not been earned.
Welker violated Rules 1.01(b)(1),1.03(a), and 1.15(d). He was orderedto pay $900 in restitution and $2,400in attorneys’ fees and direct expenses.
On March 15, 2016, Oscar JohnZevallos [#24013798], 47, of Dallas,received an amended three-year par-tially probated suspension effectiveJanuary 7, 2016, with the first yearactively served and the remainderprobated. The District 6 GrievanceCommittee found that in representingthe complainants in their personalinjury matters, Zevallos failed to keepthe complainants reasonably informedabout the status of their matters andfailed to promptly comply with rea-sonable requests for information.Upon termination of representation,Zevallos failed to surrender papers andproperty to which the complainantswere entitled. Zevallos failed to timelyfurnish to the Office of the Chief Dis-ciplinary Counsel a response or otherinformation as required by the TexasRules of Disciplinary Procedure anddid not in good faith timely assert aprivilege or other legal ground for hisfailure to do so.
requests for information]; 1.03(b)[failure to explain a legal matter tothe extent reasonably necessary topermit a client to make informeddecisions regarding the representa-tion]; 1.14(a) [failure to hold fundsbelonging to a client that are in alawyer’s possession in connectionwith a representation in a trustaccount]; 1.14(b) [failure to promptlynotify a client upon receiving funds inwhich a client has an interest and fail-ure to promptly deliver funds to aclient]; and 8.04(a)(3) [engaged inconduct involving dishonesty, fraud,deceit, or misrepresentation].
Miller was ordered to pay $1,528.49in attorneys’ fees and direct expenses.
On April 18, 2016, Felix O’NeillRippy [#16937400], 54, of Indianapolis,Indiana, accepted an 18-month probatedsuspension effective May 1, 2016. Anevidentiary panel of the District 8Grievance Committee found that thecomplainant hired Rippy in August2014 to represent him in a family lawcase. Rippy provided to Yelp emailaccounts and passwords purporting to bethose of former clients, without receiv-ing prior authorization from the clients.Rippy posted fabricated reviews of hislaw firm on Yelp and Avvo, purportingto be from former clients, without priorconsent from these former clients.
Rippy violated Rules 7.02(a)(1),8.04(a)(1), and 8.04(a)(3). Rippy wasordered to pay $3,500 in attorneys’fees and expenses.
On March 16, 2016, Lee Salas[#17525960], 65, of McKinney, receiveda six-month probated suspension ef-fective April 1, 2016. The District 1Grievance Committee found that inFebruary 2010, the complainant hiredSalas for representation in a personalinjury claim resulting from an autoaccident. In representing the com-plainant, Salas neglected the matterentrusted to him. Salas accepted thepersonal injury matter that he knewor should have known was beyond hiscompetence. Salas failed to keep the
and failed to promptly comply withreasonable requests for information.In one of the cases, Lorenzana failedto return an unearned fee and failedto timely furnish a written response tothe Office of the Chief DisciplinaryCounsel.
Lorenzana violated Rules 1.01(b)(1),1.03(a), 1.15(d), 8.04(a)(1), and 8.04(a)(8).He was ordered to pay $1,500 in resti-tution and $1,000 in attorneys’ feesand direct expenses.
On April 1, 2016, Clyde Miller[#14061950], 60, of Houston, accepteda three-year partially probated suspen-sion effective April 1, 2016, with thefirst year actively served and theremainder probated. The 127th CivilDistrict Court of Harris County foundthat Miller violated Rules 1.03(a)[failure to keep a client reasonablyinformed about the status of a matterand promptly comply with reasonable
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texasbar.com/tbj Vol. 79, No. 6 • Texas Bar Journal 481
Zevallos violated Rules 1.03(a), 1.15(d),and 8.04(a)(8). He was ordered to pay$2,315 in attorneys’ fees and directexpenses.
PUBLIC REPRIMANDSOn March 29, 2016, Samuel Walter
Veenstra [#24048857], 39, of Houston,accepted an agreed judgment of pub-lic reprimand. Hon. Scott J. Becker,presiding by special assignment in the295th Civil District Court of HarrisCounty, found that Veenstra failed toadequately communicate and keepthe complainant reasonably informedabout the status of a matter.
Veenstra violated Rule 1.03(a). Hewas ordered to pay $750 in attorneys’fees and direct expenses.
On April 4, 2016, William R. Wynn[#00797708], 45, of Fort Worth, receivedan agreed judgment of public reprimand.An evidentiary panel of the District 7Grievance Committee found that onMarch 29, 2014, the complainant hiredWynn to represent him in a post-convic-tion habeas corpus matter. The fee paidwas $20,000. In representing the com-plainant, Wynn neglected the legal mat-ter entrusted to him, failed to keep thecomplainant reasonably informed aboutthe status of his matter, failed to timelyfurnish to the Office of the Chief Disci-plinary Counsel a response or other infor-mation as required by the Texas Rules ofDisciplinary Procedure, and did not ingood faith timely assert a privilege orother legal ground for his failure to do so.
Wynn violated Rules 1.01(b)(1),1.03(a), and 8.04(a)(8). He was orderedto pay $618.75 in attorneys’ fees anddirect expenses.
PRIVATE REPRIMANDSListed here is a breakdown of Texas
Disciplinary Rules of ProfessionalConduct violations for seven attor-neys, with the number in parenthesesindicating the frequency of violation.Please note that an attorney may bereprimanded for more than one ruleviolation.
1.01(b)(1)—for neglecting a legal
matter entrusted to the lawyer (2). 1.03(a)—for failing to keep a client
reasonably informed about the statusof a matter and promptly comply withreasonable requests for information (4).
1.06(b)(2)—for representing a per-son where the representation of thatperson reasonably appears to be orbecomes adversely limited by the lawyer’sor law firm’s responsibilities to anotherclient or to a third person or by thelawyer’s or law firm’s own interests (1).
1.15(d)—for failing, upon termina-tion of representation, to reasonablyprotect a client’s interests, give noticeto the client to seek other counsel, orsurrender papers and property thatbelong to the client (3).
4.04(b)(1)—for presenting, partici-pating in presenting, or threatening topresent criminal or disciplinary chargessolely to gain an advantage in a civilmatter (1).
8.04(a)(11)—for engaging in thepractice of law when the lawyer is oninactive status or when the lawyer’sright to practice has been suspended orterminated, including but not limited tosituations where a lawyer’s right to prac-tice has been administratively suspendedfor failure to timely pay required fees orassessments or for failure to comply withArticle XII of the State Bar Rules relat-ing to mandatory continuing legal edu-cation (1). TBJ
512.480.9074 / [email protected] / WWW.TLIE.ORG
TLIExperience
Because of our 36 years in the business, Texas Lawyers’ Insurance Exchange has been voted best professional liability insurance company in Texas four years in a row by Texas Lawyer magazine. That same experience and our exceptional employees are why TLIE is also a Preferred Provider of the State Bar of Texas. Not to mention, we have returned over $41,550,000 to our policyholders. See why experience makes the difference.
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Amanda Azua, Lead Underwriting Specialist/Social Media CoordinatorAmanda Azua, Lead Underwriting Specialist/Social Media CoordinatorAmanda Azua, Lead Underwriting Specialist/Social Media Coordinator
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Amanda Azua, Lead Underwriting Specialist/Social Media CoordinatorAmanda Azua, Lead Underwriting Specialist/Social Media CoordinatorAmanda Azua, Lead Underwriting Specialist/Social Media Coordinator
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