This disciplinary matter is before the Court on the Report and Recommendation of the Review Panel approving the recommendation of the special master, Jefferson C. Callier, that Respondent Wade Gunnar Anderson be given a one-year suspension with conditions for reinstatement for his violations of Rule 1.15 I and 1.15 II of the Georgia Rules of Professional Conduct, see Bar Rule 4-102 d. The State Bar filed exceptions to the special master’s and Review Panel’s report, in which it did not object to the special master’s findings of fact and conclusions of law, but objected only to the level of discipline and asked for disbarment, which is the maximum punishment for both violations. Anderson filed an exception to the Review Panel’s addition of satisfying the judgment against him as another condition for reinstatement. Both the State Bar and Anderson filed responses in this Court. Under the facts of these underlying cases and Anderson’s past disciplinary history, and after consideration of all pleadings filed in this matter, we agree with the State Bar that disbarment is the appropriate sanction. This matter arises out of State Disciplinary Board Docket numbers 5081, 5084, 5085, 5141 and 5181, plus an additional matter known as the “Moore 2″ closing, which was not previously addressed in the filed actions. The parties agreed that all proceedings could be consolidated and the special master and Review Panel each issued one report addressing all of them. The cases arose out of Anderson’s handling of his real estate trust account. The following facts were stipulated:
Anderson is a real estate closing attorney approved by First American Title Insurance Company “FATIC”. In Spring 2005 several of his key employees quit and he assigned to his remaining employee —a college student —the task of sending wire transfers of funds from the closings. That employee mistakenly double wired funds from a single closing, meaning that the recipients were paid twice, and then the employee quit. As Anderson had no employees left to assist him, FATIC recommended Whatley as a “qualified closing assistant” so he hired Whatley. Within a two-week period, however, Whatley double wired funds on nine separate closings and when questioned about her actions, Whatley quit. As a consequence of the double wires, Anderson’s trust account became overdrawn by approximately $2,300,000 and the recipients did not immediately return the mis-wired funds, so numerous other trust account checks began bouncing. As a result, a temporary restraining order was issued and a receiver was appointed to take over Anderson’s law practice.
