The Ohio Supreme Court has indefinitely suspended two attorneys following their felony convictions in unrelated cases.

Mortgage loan conspiracy
In 2012, William C. Helbley Jr. of Youngstown was convicted of a felony for his part in a mortgage scheme to convince lenders to approve loans on 14 properties at inflated prices.

Romero Minor solicited people who had good credit to buy residences in their name, which he then rented to individuals who could not obtain loans for mortgages. He offered buyers $5,000 to close on the properties, and he told them the homes would be refinanced in the tenants’ names after a year.

[Romero] Minor would obtain appraisals with inflated property values to secure fraudulent mortgage loans. Helbley prepared the paperwork.

[Romero] Minor would obtain appraisals with inflated property values to secure fraudulent mortgage loans. Helbley prepared the paperwork.

At Minor’s request, Helbley was the title agent for 14 sales in the Youngstown area between May 2004 and May 2005. Minor would obtain appraisals with inflated property values to secure fraudulent mortgage loans. Helbley prepared the paperwork, which made it appear that the extra loan proceeds distributed to Minor were for property improvements and services when they were not.

In April 2011, Helbley entered into a plea agreement with the federal government. He admitted that he knew the appraisals were false and that Minor was not entitled to the money. Helbley was found guilty of conspiracy to commit wire fraud. He received three years of probation and 50 hours of community service. Along with his co-conspirators, he was ordered to pay $381,827 in restitution. The Ohio Supreme Court placed Helbley on an interim suspension after the conviction.

In its report to the Supreme Court, the Board of Commissioners on Grievances & Discipline noted that the facts in this disciplinary case are nearly identical to one involving Michael J. Wagner of Canfield – another lawyer working with Minor as a title agent in the same conspiracy. Wagner was indefinitely suspended last year with credit for the time he served under his interim suspension following his conviction.

Because Helbley’s role was similar to Wagner’s in the scheme and because they both violated the same professional conduct rules, the court in its 4-3 per curiam decision suspended Helbley indefinitely with credit for time he was not permitted to practice law since his February 2012 interim suspension. Because two years have passed, he is eligible to petition for reinstatement.

Making up the court’s majority were Justices Paul E. Pfeifer, Judith Ann Lanzinger, Judith L. French, and William M. O’Neill.

Chief Justice Maureen O’Connor and Justices Terrence O’Donnell and Sharon L. Kennedy dissented and would not have given Helbley credit for the time he served under the interim suspension.

2014-0200. Mahoning Cty. Bar Assn. v. Helbley, Slip Opinion No. 2014-Ohio-5064.

Child pornography offense
Thomas A. Ballato of Hamilton was convicted in 2009 of possessing child pornography.

During his legal career, Ballato had been fired three times for looking at pornography on office computers. In 2004, he ordered magazines featuring child pornography and had them sent to his home. Federal officers subsequently searched his home and office. They found adult porn, as well as three sexual images of children, on his work computer.

Ballato was indicted in September 2006 and conditionally pled guilty to possessing child porn.

Ballato was indicted in September 2006 and conditionally pled guilty to possessing child porn.

Ballato was indicted in September 2006 and conditionally pled guilty to possessing child porn. His sentence included a four-year prison term and supervised release for the rest of his life. In October 2009, the Ohio Supreme Court suspended him from practicing law on an interim basis after being notified of his conviction. Ballato was released from prison in November 2012.

A few months later, Ballato began counseling for depression and a hypersexual disorder. At the time of his disciplinary hearing, he had been seeing a therapist for a little less than 10 months.

In a 4-3 per curiam decision, the Ohio Supreme Court imposed an indefinite suspension with no credit for the time Ballato served during his interim suspension. The court noted that he has not yet completed sustained treatment for his mental health issues and has served only a short period of his supervised release. If he petitions for reinstatement in two years, he will have to meet his continuing legal education requirements and demonstrate that he is suited to practice law competently, ethically, and professionally.

The court’s majority included Justices Paul E. Pfeifer, Sharon L. Kennedy, Judith L. French, and William M. O’Neill.

Justice Judith Ann Lanzinger dissented and would have given Ballato credit for the time served during the interim suspension. Chief Justice Maureen O’Connor and Justice Terrence O’Donnell also dissented, but would have disbarred Ballato.

2013-1985. Dayton Bar Assn. v. Ballato, Slip Opinion No. 2014-Ohio-5063.

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