RECEIVED

VIRGINIA STATE BAR CLERK'S OFFICE

Oct 24, 2019

VIRGINIA:

BEFORE THE THIRD DISTRICT, SECTION II SUBCOMMITTEE OF THE VIRGINIA STATE BAR

IN THE MATTER OF Jason Anthony VSB Docket No. 19-032-113818

SUBCOMMITTEE DETERMINATION <PUBLIC REPRIMAND WITHOUT TERMS)

On October 17, 2019, a meeting was held in this matter before a duly convened Third

District, Section II Subcommittee consisting of, Annemarie DiNardo Cleary, Chair Presiding;

Meredith Macdonald Haynes, Member; and Michelle H. Papiemiak, Lay Member. During the

meeting, the Subcommittee voted to approve an agreed disposition for a Public Reprimand

without Terms pursuant to Part 6, § IV, ,r 13-15.B.4 of the Rules of the Supreme Court of

Virginia. The agreed disposition was entered into by the Virginia State Bar, by Laura Ann

Booberg, Assistant Bar Counsel; Jason Anthony, Respondent; and Jeffrey Hamilton Geiger,

Esquire, counsel for Respondent.

WHEREFORE, the Third District, Section Il Subcommittee of the Virginia State Bar

hereby serves upon Respondent the following Public Reprimand without Terms:

FINDINGS OF FACT

1. At all times relevant hereto, Respondent was an attorney licensed to practice law in the Commonwealth of Virginia.

2. Respondent, Jason Anthony ("Anthony") represented Complainant, Nadin Lumumba .. !"Luml,ll11ba'') in a criminal case in which Lumumba was charged with six counts relating

to the possession of a handgun and drugs, as well as a later charge of child neglect. Lumumba was arrested on January 20, 2018. He died on October 10, 2018 while he was still incarcerated.

3. On Sunday, January 21, 2018, Anthony met with Lumumba's wife. She paid Anthony $4,000 cash out of a total fee of$10,000 for representation ofLumumba. This agreement was not memorialized in writing. Ultimately, Lumumba's family members paid Anthony a total of $9,000 prior to Lumumba' s death.

4. The $4,000 cash received on January 21, 2018 was placed in a safe located in Anthony's residence.

5. On Monday, January 22, 2018, Anthony contacted the Sussex County General District Court and the Assistant Commonwealth's Attorney and prepared a Motion for Discovery. He attempted to schedule a bond hearing for the next day, but instead it was scheduled for January 25, 2018.

6. On Thursday, January 25, 2018, Anthony represented Lumumba at the bond hearing and met with him in a holding cell, which lasted most of the day.

7. Upon returning to Richmond, Anthony removed the $4,000 cash from his safe and deposited it into his operating account. None of the $4,000 cash was ever placed in a valid trust account.

8. Anthony fully cooperated with the Virginia State Bar in the investigation of this matter.

I. NATURE OF MISCONDUCT

Such conduct by Respondent constitutes misconduct in violation of the following provisions

of the Rules of Professional Conduct:

RULE 1.15. Safekeeping Property.

(a) Depositing Funds.

(1) All funds received or held by a lawyer or law firm on behalf of a client or a third party, or held by a lawyer as a fiduciary, other than reimbursement of advances for costs and expenses shall be deposited in one or more identifiable trust accounts; all other property held on behalf of a client should be placed in a safe deposit box or other place of safekeeping as soon as practicable.

II. PUBLIC REPRIMAND WITHOUT TERMS

Accordingly, having approved the agreed disposition, it is the decision of the

Subcommittee to impose a Public Reprimand without Terms and Jason Anthony is hereby so

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reprimanded. Pursuant to Part 6, § IV, ,r 13-9.E of the Rules of the Supreme Court of Virginia,

the Clerk of the Disciplinary System shall assess costs.

THIRD DISTRICT, SECTION II SUBCOMMITTEE OF THE VIRGINIA STA TE BAR

A nemarie DiNardo Cleary, Esq. Subcommittee Chair

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CERTIFICATE OF MAILING

I certify that on O J-n bN 2..,1 2D If , a true and complete copy of the Subcommittee

Detennination (Public Reprimand without Tenns) was sent by certified mail to Jason Anthony,

Respondent, at 6 East Broad Street, Richmond, VA 23219, Respondent's last address of record

with the Virginia State Bar, and by first class mail, postage prepaid to Jeffrey Hamilton Geiger,

counsel for Respondent, at Sands Anderson, PC, Bank of America Plaza, 1111 E Main St Ste

2400, PO Box 1998, Richmond, VA 23218-1998.

~a/]~ Laura Ann Booberg Assistant Bar Counsel

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VIRGINIA:

BEFORE THE THIRD DISTRICT SUBCOMMITTEE OF THE VIRGINIA ST A TE BAR

IN THE MATTER OF JASON ANTHONY VSB Docket No. 19-032-113818

AGREED DISPOSITION (PUBLIC REPRIMAND WITHOUT TERMS)

Pursuant to the Rules of the Supreme Court of Virginia, Part 6, § IV, ,r 13-15.B.4, the

Virginia State Bar, by Laura Ann Booberg, Assistant Bar Counsel, and Jason Anthony,

Respondent, and Jeffrey Hamilton Geiger, Esquire, counsel for Respondent, hereby enter into the

following agreed disposition arising out of the referenced matter.

I. STIPULATIONS OF FACT

1. At all times relevant hereto, Respondent was an attorney licensed to practice law in the Commonwealth of Virginia.

2. Respondent, Jason Anthony ("Anthony") represented Complainant, Nadin Lumumba ("Lumumba") in a criminal case in which Lumumba was charged with six counts relating to the possession of a handgun and drugs, as well as a later charge of child neglect. Lumumba was arrested on January 20, 2018. He died on October 10, 2018 while he was still incarcerated.

3. On Sunday, January 21, 2018, Anthony met with Lumumba's wife. She paid Anthony $4,000 cash out of a total fee of $10,000 for representation of Lumumba. This agreement was not memorialized in writing. Ultimately, Lumumba's family members paid Anthony a total of $9,000 prior to Lumumba's death.

4. The $4,000 cash received on January 21, 2018 was placed in a safe located in Anthony's residence.

5. On Monday, January 22, 2018, Anthony contacted the Sussex County General District Court and the Assistant Commonwealth's Attorney and prepared a Motion for Discovery. He attempted to schedule a bond hearing for the next day, but instead it was scheduled for January 25, 2018.

6. On Thursday, January 25, 2018, Anthony represented Lumumba at the bond hearing and met with him in a holding cell, which lasted most of the day.

7. Upon returning to Richmond, Anthony removed the $4,000 cash from his safe and deposited it into his operating account. None of the $4,000 cash was ever placed in a valid trust account.

8. Anthony fully cooperated with the Virginia State Bar in the investigation of this matter.

II. NATURE OF MISCONDUCT

Such conduct by Respondent constitutes misconduct in violation of the following

provisions of the Rules of Professional Conduct:

RULE 1.15. Safekeeping Property.

(a) Depositing Funds.

(1) All funds received or held by a lawyer or law firm on behalf of a client or a third party, or held by a lawyer as a fiduciary, other than reimbursement of advances for costs and expenses shall be deposited in one or more identifiable trust accounts; all other property held on behalf of a client should be placed in a safe deposit box or other place of safekeeping as soon as practicable.

III. PROPOSED DISPOSITION

Accordingly, Assistant Bar Counsel and Respondent tender to a subcommittee of the

Third District Committee for its approval the agreed disposition of a Public Reprimand without

Terms as representing an appropriate sanction if this matter were to be heard through an

evidentiary hearing by the Third District Committee.

If the agreed disposition is approved, the Clerk of the Disciplinary System shall assess

costs.

Pursuant to Part 6, § IV, ,r 13-30.B of the Rules of the Supreme Court of Virginia,

Respondent's prior disciplinary record shall be furnished to the subcommittee considering this

agreed disposition.

THE VIRGINIA STATE BAR

Laura Ann Booberg Assistant Bar Counsel

J e rey a ilton Geiger C unsel fo Respondent