BEFORE THE HEARING BOARD OF THE ILLINOIS ATTORNEY REGISTRATION AND DISCIPLINARY COMMISSION ANSWER

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1 BEFORE THE HEARING BOARD OF THE ILLINOIS ATTORNEY REGISTRATION AND DISCIPLINARY COMMISSION In the Matter of: MICHAEL LEONARD LOPRIENO, Attorney-Respondent, Comm. No. 2016PR00082 No ANSWER Michael Leonard Loprieno, Respondent, by his attorney, James A. Doppke, Jr. of Robinson Law Group, LLC, answers the complaint filed by the Administrator in this matter, as follows: {Alleged creation offalse documents) 1. In 2011 and 2012, Respondent and other members of his family owned LOP Capital, LLC ("LOP"), which was in the business of lending money to borrowers. In order to fund LOP's operations, the company had borrowed funds from American Community Bank & Trust ("American Community"), a financial institution in McHenry County, Illinois. At times, the amount LOP owed to American Community exceeded $1.5 million, and LOP was having difficulties meeting its obligations to American Community. In 2011, some portion of LOP's obligation to American Community was secured by a mortgage on property located in Stephens County, Georgia. ANSWER: Respondent admits the allegations contained in paragraph In late 2010 or early 2011, Respondent was engaged in discussions with another lender, Prime Equity of Atlanta, Georgia, about borrowing $25,000 from Prime FILED km 2 3 2M6 ATTY REG & DISC COMM CHICAGO

2 Equity. Respondent intended to use the proceeds of that loan to reduce the amount of LOP's obligation to American Community. Prime Equity told Respondent that it would not lend the money to LOP unless Prime Equity received a first security interest in the Stephens County property, which would require American Community to agree to subordinate its own security interest in that property. ANSWER: Respondent admits the allegations contained in paragraph On or about January 10, 2011, Respondent created a document entitled "Subordination Agreement" that purported to show that American Community had "waive[d] and subordinate[d] all right, title or interest under its outstanding security deed in or to the [Stephens County] property as against the loan to be made by [Prime Equity] to [LOP] so that the security deed to be executed by [LOP] to [Prime Equity] shall convey title to the property superior to the outstanding security deed of [American Community] and superior to the indebtedness secured thereby." Respondent added the purported signatures ofamerican Community's executive vice president (Rick Francois) and chieffinancial officer (Robert W. Getty) to the document, and then added the purported signature and notary stamp of Mark Taranelli, a notary and attorney with whom Respondent was acquainted. ANSWER: Respondent admits the allegations contained in paragraph At no time did Respondent request or receive authority from anyone at American Community to take any action concerning the Stephens County property on the bank's behalf, nor did he have the authority of Mr. Francois, Mr. Getty or Mr. Tarinelli to add their purported signatures (and, in Mr. Tarinelli's case, to use his notary stamp) on the purported agreement. 2

3 ANSWER: Respondent admits the allegations contained in paragraph Respondent knew that the purported subordination agreement was false, because he knew that American Community had not agreed to waive or subordinate its interest in the Stephens County property, and because he knew that he had created the document and affixed purported signatures and a notary stamp to it without authority. ANSWER: Respondent admits the allegations contained in paragraph After he prepared the purported subordination agreement, Respondent delivered the document to representatives of Prime Equity in order to induce that entity to lend $25,000 to LOP based on the false representation that American Community had agreed to subordinate its interest in the Stephens County property. Respondent then caused the purported subordination agreement to be filed with the office of the Clerk of the Superior Court for Stephens County, Georgia. ANSWER: Respondent admits the allegations contained in paragraph On or about June 1, 2012, Respondent created a second document, entitled "Cancellation of Subordination Agreement," that purported to show that American Community had cancelled the agreement described in paragraphs three through six, above. Respondent then added the purported signature of Mr. Francois and the purported signature and notary stamp of Mr. Taranelli to the document, which Respondent later caused to be filed with the office ofthe Clerk ofthe Superior Court for Stephens County, Georgia. ANSWER: Respondent admits the allegations contained in paragraph At no time did Respondent request or receive authority from anyone at American Community to take any action concerning the bank's interest in the Stephens 3

4 County property, nor did he have the authority of Mr. Francois or Mr. Tarinelli to add their purported signatures (and, in Mr. Tarinelli's case, to use his notary stamp) on the purported cancellation document. ANSWER: Respondent admits the allegations contained in paragraph Respondent knew that the purported cancellation of the subordination agreement was false, because he knew that he had created the document, that he did not have authority from anyone at American Community to take any action on the bank's behalf, and because he had affixed purported signatures and a notary stamp to the document without authority. ANSWER: Respondent admits the allegations contained in paragraph By reason of the conduct described above, Respondent has engaged in the following misconduct: a. conduct involving dishonesty, fraud, deceit or misrepresentation, by knowingly creating and signing documents without authority that contained false signatures and notary stamps, in violation of Rule 8.4(c) ofthe Illinois Rules of Professional Conduct (2010). ANSWER: The allegations contained in paragraph 10 are not factual, but rather represent legal conclusions. Therefore, no answer is required. To the extent an answer is deemed to be required, Respondent denies the allegations of paragraph 10. RESPONDENT'S DISCLOSURE PURSUANT TO COMMISSION RULE Respondent is admitted to practice law in the State of Illinois. He is not licensed to practice in any other state jurisdictions. 2. Respondent was issued Illinois real estate managing broker's license no. 4

5 , which was first effective on December 22, 2006, and which expired on April 30, Respondent was also issued an Illinois real estate salesperson's license no , which was first effective on August 17, 2006, and which expired on April 30, Respectfully submitted, Michael Leonard Loprieno, Respondent James A. Doppke, Jr. Robinson Law Group, LLC 20 South Clark Street, Suite 1060 Chicago, IL (312) jdoppke(5>robinsonlawillinois.com BY: James A. Doppke, Jr. One of his attorneys