Jamaica-born, NY-based attorney disbarred over misappropriation of client’s funds

Jamaica-born, New York-based attorney Audrey A. Thomas has been disbarred from practising law in the state of New York arising from a case of misappropriation of funds belonging to a client.

The New York State Supreme Court's Grievance Committee announced last week that effective November 9, Thomas, 53, can no longer present herself as an attorney in the state.

A statement from the committee outlined that Thomas pocketed some US$630,000 of the $770,000 that was being held in bank escrows from a real estate deal for her client, Rhea Murray.

Thomas was accused of making 12 improper cash withdrawals from a Bank of America escrow account, violating the rule 1.15(a) of Professional Conduct. 

Thomas' law office is located on Francis Lewis Boulevard in Queens. 

In her disbarment defence, Thomas conceded that she used Murray's funds to promote herself as an author and as a radio show host on WVIP 93.5 FM in New York.

She also stated that her use of the funds was authorised by Murray with whom she claims she had a longtime personal relationship.

In her testimony during the hearing, Murray flatly denied such claims. 

“The respondent received substantial funds from the sale of the Madison Street property, which she deposited into her escrow account. While the respondent claims that she was authorised to use those funds, Murray testified that she did not authorise the respondent to use the proceeds from the Madison Street property sale for an investment or to pay for her family's legal bills purportedly owed to the respondent.

“The Special Referee found the testimony of the Grievance Committee's witnesses “to possess the indicia of truth, and reflect[ ] [a] client[ ] whose trust was betrayed,” and we agree with this finding. Based upon our review of the record, we conclude that the charges are supported by a preponderance of the credible evidence,” read a section of the ruling.

The committee ruled that Thomas failed to honour her obligations as a fiduciary and misappropriated substantial funds entrusted to her in the Madison Street property sale.

“In determining an appropriate measure of discipline to impose, the court has considered, in aggravation, that the respondent misappropriated substantial funds from her client, a senior citizen; that she has failed to make full restitution to her client; the respondent's lack of remorse and acceptance of responsibility; and her disciplinary history, which consists of an admonition. In mitigation, the court has considered the respondent's character evidence and charitable and community activities. Under the totality of the circumstances, we conclude that the respondent's conduct warrants her disbarment,” read the ruling.

Thomas this morning told The Gleaner that she plans to challenge the ruling.

"I am filing an appeal against the disbarment as some of the funds were legally spent and used as payment for the 32 cases I handled for Murray. I will send a copy of the appeal to The Gleaner later today. The only thing is that I didn't have a signed document from Murray authorising the payments," she asserted.

- Dave Rodney 

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