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10/02/2009 "See News Release 060 for any Concurrences and/or Dissents." SUPREME COURT OF LOUISIANA NO. 09-B-1217 IN RE: JOHN JOSEPH ARBOUR

ATTORNEY DISCIPLINARY PROCEEDINGS PER CURIAM*
This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, John Joseph Arbour, an attorney licensed to practice law in Louisiana but currently suspended.

PRIOR DISCIPLINARY HISTORY Before we address the current charges, we find it helpful to review respondent's prior disciplinary history. Respondent was admitted to the practice of law in Louisiana in 1993. In 2005, this court imposed a two-year suspension upon

respondent for his misconduct in a succession matter, including taking $40,000 in attorney's fees without court approval, and failing to cooperate in the disciplinary proceedings. In re: Arbour, 05-1189 (La. 11/29/05), 915 So. 2d 345. Respondent has not sought reinstatement from his 2005 suspension; accordingly, he remains suspended from the practice of law. Against this backdrop, we now turn to a consideration of the misconduct at issue in the present proceeding.

Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.

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FORMAL CHARGES Respondent worked as the chief financial officer of Kiko Foods, Inc. ("Kiko") in Kenner, Louisiana. As CFO, he had direct access to and control over Kiko's corporate bank accounts and financial records. Between December 1, 2004 and July 19, 2006, respondent issued numerous checks payable to himself or to "cash" and retained the proceeds for his personal use and benefit. Respondent was arrested by the Kenner Police Department on July 19, 2006.1 On April 3, 2007, respondent pled guilty to theft of more than $500. The judge sentenced him to five years hard labor but suspended the sentence and placed him on active probation for five years. The judge also ordered respondent to attend the fiveweek CORE gambling abuse program in Shreveport, Louisiana. The judge further ordered respondent to pay restitution. At a restitution hearing on June 21, 2007, respondent stipulated that he owed $359,694 in restitution to Kiko.

DISCIPLINARY PROCEEDINGS In November 2007, the ODC filed one count of formal charges against respondent, alleging that his conduct as set forth above violated the following provisions of the Rules of Professional Conduct: Rules 8.4(a) (violation of the Rules of Professional Conduct), 8.4(b) (commission of a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer), and 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation). Respondent was served with the formal charges via certified mail but failed to answer. Accordingly, the factual allegations contained therein were deemed admitted
The police report indicated that respondent wrote forty-four unauthorized checks, totaling $276,314.47. The report also indicated that, in order to keep money in Kiko's accounts and avoid detection of his theft, respondent did not pay Kiko's quarterly payroll taxes totaling $480,000. 2
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and proven by clear and convincing evidence pursuant to Supreme Court Rule XIX,

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Louisiana Law