Fahrenkamp agrees to ARDC professional censure
SPRINGFIELD – Lawyer David Fahrenkamp of Edwardsville has agreed to accept professional censure and pay taxes he dodged from 1995 to 2006.
Illinois Attorney Registration and Disciplinary Commission administrator Jerome Larkin planned to present the agreement to a hearing board on Friday, May 13.
Fahrenkamp has paid the Internal Revenue Service about $152,000 towards a liability of $228,659.72, according to Larkin.
"Respondent has agreed with the IRS to pay additional amounts on the federal tax liability as he is able to do so," Larkin wrote.
He wrote that Fahrenkamp has paid all taxes he owed to the state.
Fahrenkamp not only preserved his license but also avoided prosecution.
"Respondent's misconduct did not result in his prosecution on criminal charges, with the attendant cost to the judicial system and greater potential to bring the profession into disrepute," Larkin wrote.
Edward Unsell of Alton represents Fahrenkamp.
Larkin charged Fahrenkamp with misconduct in January, writing that his criminal actions reflected adversely on the honesty of lawyers.
He wrote that Fahrenkamp withheld income tax, Social Security tax and Medicare tax from paychecks of Susie Wells and Kim Kiel, but didn't remit the amounts to IRS.
He wrote that Fahrenkamp did not satisfy tax liens that IRS filed against him.
He wrote that Fahrenkamp owed the state about $13,000.
In February, Fahrenkamp admitted that he didn't remit the amounts and that failure to do so was a criminal offense under federal law.
Larkin appointed two lawyers, Leo Konzen of Granite City and Kurt Reitz of Belleville, and layman Richard Mark of Collinsville, to hear the charges.
The censure agreement likely reduces the hearing to a formality.
"If this matter were to proceed to a hearing, there would be testimony from seven other attorneys, including three judges, that Respondent has a good reputation for honesty and integrity," Larkin wrote.
He wrote that Fahrenkamp founded the Save a Life Campaign, a charity in memory of son Colin, who died in 2006.
He wrote that Fahrenkamp served on the boards of Land of Lincoln Legal Assistance and Special Olympics.
Fahrenkamp, age 57, has practiced law since 1978.
The commission reprimanded him in 2000, by reciprocal action, after Missouri regulators reprimanded him for neglecting a client's appeal of a criminal conviction.
Fahrenkamp currently represents former Triad Industries owner Rick Jones in a dispute over a divorce agreement with former wife Dorothy Jones.
Rick Jones resides in federal prison, serving time for failure to pay taxes.