IN
THE
SUPREME COURT
OF
FLORIDA(Before
a Referee)
THEFLORIDA BAR, Supreme Court CaseNo. SC08-1093
Complainant,
v.
SALLY NATASHA
SAWH,
The Florida Bar FileNo. 2008-70,885(1
U)
Respondent.
REPORT
OF
REFEREE
I.
SUMMARY
OF
PROCEEDINGS:
Pursuant
to the
undersigned being duly appointed
as
Referee
for the
Supreme
Court
of Florida to conduct disciplinary proceedings as provided for by Rules 3-
7.2(h)(2)
and 3-7.6(m) of the Rules Regulating The Florida Bar, a
final
hearing of thiscausewasundertaken.All of thepleadings, notices, motions, orders,andexhibitsare
forwarded
with this report
and the
foregoing constitute
the
record
in
this case.
The
following
attorneys appeared
as
counsel
for the
parties:
On
behalf
of The
Florida Bar: Margarita
Ines
Cimadevilla
The
Florida
Bar
444
Brickell
Avenue, Suite
M-100
Miami, Florida
33131
On
behalf of Respondent: Michael
Tarre
2
South
Biscayne
Boulevard, Suite
3700
Miami,
Florida
33131
DPCElVED
OCT Ofi
2008
II.
FINDINGS OF FACT:
A.
Jurisdictional
Statement: Respondent
is and was at
all
times materialhereinamemberof TheFlorida Bar, albeit suspended pursuantto anorderofemergency suspension dated April
11,
2008,
and
subject
to the
jurisdiction
and
disciplinary
rulesof theSupreme Courtof
Florida
B.
Findings of Fact: Having entered orders granting The Florida Bar'sMotion
for
Entry
of
Default
Judgment
and
Motion
for an
Order Deeming Matters
Admitted
prior
to the
final
hearing,
all the
matters recited
in The
Bar's
Request
forAdmissions
served on Respondent on June 9, 2008, and deemed admitted pursuant to
said
order dated August
13,
2008,
are
adopted herein
as the
factual
findings
of
this
referee.
Those matters deemed admitted are as follows:
1.
That pursuant
to a
subpoena
duces
tecum duly served upon Respondent
on
or
about March
14,
2008, commanding Respondent
to
appear before
the
Staff
Auditor,
on March 27, 2008, her attorney appeared at The Florida Bar
offices
and
produced
bank statements, canceled checksanddeposit slips fromtheaccount
identified
as Law
Office
of
Sally Sawh,
TOLTA
Trust Account
^••••R
and
operatingaccount
/^^••••Ifcoth
accounts maintained
at
Regions Bank,
for the
period
of
June
1,2006,
to
February
29,2008,
but
that
the
original records
for
January,
June,
August,
November, December 2007,andJanuaryandFebruary 2008, were
missing
and that Respondent
failed
to provide the wire transfers and
cashier's
checksissued.
2.
That Respondent produced some HUD-1 statements, some client ledgercards and an incomplete receipt and disbursement journal.3.That
from
October 2006 through November 2006, Respondent engaged
in
a
pervasive pattern
of
transactions
in her
trust account, maintained
at
Regions Bankaccount
?iJHHMMHbwhich
indicate that trust
funds
deposited for one purpose orclient were being used
to
cover obligations which
had
arisen
prior
to
those
funds
beingdeposited and which obligations pertained to a
different
client or matter.
4.
That on October 3, 2006, the beginning balance in Respondent's trustaccount was $702.56 and
that
on that day Respondent deposited $6,000.00 in the trustaccount and identified the deposit as pertaining to Jean
Dahan.
5.
That on October 4, 2006, Respondent deposited $40,000.00 in the trustaccount and
identified
the deposit as pertaining to OSW2 and that there were two (2)additional small deposits such that the balance in the trust account on October
4,2006,was
$47,247.56.
6.
That
on
October
4,
2006,
check number
1546
in the
amount
of
$13,659.50, issued on or about September 13, 2006, payable to Dade County
Recorder's
office
pertaining to a
client
identified
as
"Maruitto"
was negotiated by the
Search History:
Result 00 of 00
00 results for result for
p.
Sally Sawh Disbarment Sally Ann de La Casa
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