ARDC to hold Fahrenkamp hearing May 13
SPRINGFIELD – Regulators of Illinois lawyers have set a May 13 hearing on charges that attorney David Fahrenkamp of Edwardsville owes the Internal Revenue Service $228,659.72.
Attorney Registration and Disciplinary Commission (ARDC) spokesman Peter Rostkoff said Leo Konzen of Granite City will lead a panel of three examiners at the hearing.
Rostkoff said the commission hasn't appointed the other two examiners.
Commission administrator Jerome Larkin charged Farhrenkamp with misconduct in January.
Larkin wrote that Fahrenkamp engaged in commission of a criminal act that reflects adversely on the honesty of lawyers and brings the legal profession into disrepute.
He wrote that from 1995 to 2006, Fahrenkamp withheld income tax, Social Security tax and Medicare tax from paychecks of Susie Wells and Kim Kiel.
Below a table showing annual amounts that averaged about $19,000, Larkin wrote, "Respondent did not remit the amounts described above from Wells's and Kiel's wages to the IRS."
He wrote that Fahrenkamp did not satisfy tax liens that the IRS filed against him from 2006 to 2009.
He wrote that "failure to file the above described returns or pay withholding taxes was a criminal offense under federal law."
He wrote that Fahrenkamp also owed the state of Illinois about $13,000, adding that his failure to pay was a felony offense under Illinois law.
Though Larkin accused Fahrenkamp of crimes, prosecutors apparently have not done so.
As of March 10, his name didn't appear on criminal dockets at U.S. district court in East St. Louis or Madison County circuit court.
Fahrenkamp answered Larkin's charges on Feb. 22, admitting that he didn't remit the amounts and that failure to do so was a criminal offense under federal law.
He clarified that the amounts in Larkin's table included penalties and interest.
He wrote that "certain amounts were paid during that period of time but not all amounts."
He admitted he knew he was required to pay withholding taxes.
He admitted that the IRS filed liens and he hadn't satisfied them, but clarified that "payments have been made to reduce the amounts listed under the federal liens."
He denied engaging in misconduct as Larkin described it.
Rostkoff wouldn't tell where the IRS filed the liens, saying they aren't in evidence.
He said they might be put in evidence at the hearing.
Fahrenkamp has practiced law since 1978, in solo practice since 1984.
He keeps an office directly across from the Madison County courthouse.
The commission reprimanded him in 2000, by reciprocal action after Missouri regulators reprimanded him.
Missouri regulators store files after three years, placing facts of the matter beyond easy reach.
Fahrenkamp currently represents former Triad Industries owner Ricki Jones in a dispute over a divorce agreement with former wife Dorothy Jones.
Ricki Jones resides in federal prison, serving time for failure to pay his taxes.