Newark, CA 94560
21 February 2015 | Disbarred (9 years, 8 months ago) Disbarment 09-C-11059 |
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1 July 2011 | Not eligible to practice law in CA (13 years, 4 months ago) Admin Inactive/MCLE noncompliance |
15 April 2011 | Not eligible to practice law in CA (13 years, 6 months ago) Interim suspension after conviction 09-C-11059 |
22 February 2011 | Conviction record transmitted to State Bar Court 09-C-11059 (13 years, 8 months ago) |
1 July 2009 | Not eligible to practice law in CA (15 years, 4 months ago) Suspended, failed to pay fees |
30 December 1987 | Active (36 years, 10 months ago) |
31 August 1987 | Not eligible to practice law in CA (37 years, 2 months ago) Suspended, failed to pay fees |
21 December 1977 | Admitted to the State Bar of California (46 years, 10 months ago) |
February 12, 2015 Attorney disbarred over 2011 murder-for-hire scheme A San Francisco Bay Area attorney has been stripped of his law license for his role in a plot to murder a wealthy retiree and liquidate his Palm Springs estate. David Kiernan Replogle [#77875], 66, of Newark, was summarily disbarred Feb. 21, 2015 as the result of his January 2011 conviction for first-degree murder, conspiracy, two counts of first-degree burglary, second-degree burglary, identity theft, receiving stolen property and procuring or offering a false or forged instrument. As detailed in a Feb. 25, 2014 unpublished opinion in which a Fourth District Court of Appeal panel denied his appeal, Replogle was part of a six-person plot that led to the murder of Clifford Lambert, 75. A gay man who lived alone, Lambert would meet young men on the Internet and fly them in to stay with him at his home. One of them, Danny Garcia, visited Lambert in April 2008, after which four burglaries occurred at his home. Garcia later sold off a number of Lambert’s belongings to a dealer in antique and estate jewelry and art. Garcia knew Replogle, co-conspirator Kaushal Niroula and Russell Manning, who was recruited in November 2008 to act as power of attorney for Lambert. Two other men, Miguel Bustamante and his roommate Craig McCarthy, were hired to kill Lambert, whom they stabbed to death in his kitchen on Dec. 5, 2008. A few days later, according to the opinion, Niroula called a mobile notary requesting an urgent notarization. The notary met with Niroula and Replogle, who was posing as Lambert, and authorized a signature affidavit that allowed Niroula, with Manning’s help, to transfer $185,000 from one of Lambert’s bank accounts into an account Niroula created. Niroula and Replogle met the notary again on Dec. 12, 2008, when the notary notarized a general durable power of attorney, a Wells Fargo special power of attorney, a special power of attorney for Lambert’s Charles Schwab accounts and a Bank of America special power of attorney. The notary took Replogle’s fingerprints, a requirement for a power of attorney. After stealing more of Lambert’s money, Niroula signed papers listing Lambert’s home for sale. Investigators learned of the plot after a friend reported Niroula missing. A conservatorship attorney was then appointed conservator of Lambert’s estate with the power to suspend any attempted transfer of the man’s home. That January, according to the opinion, a neighbor called police to report someone loading items from Lambert’s home into a U-Haul. Police stopped the driver, then arrested Bustamante at Lambert’s home, where they found more of Lambert’s personal items piled in a laundry room. Additional property was found in a motel room rented using Bustamante’s driver’s license. On Jan. 29, 2009, Manning was arrested in Mexico for possession of cocaine. Months later he flew back to Los Angeles where he was picked up by an investigator and voluntarily agreed to be taken to the Palm Springs Police Department. While in jail, Bustamante described the murder plot to another inmate, who gave the information to police. On March 2, 2009, Replogle and Niroula were arrested together in San Francisco Superior Court, where Niroula had a court appearance. Garcia was arrested in Sacramento a few days later. Police got a search warrant for Garcia’s cell phone and account, which gave them access to more than 30,000 text messages, 10,000 photographs and 1,712 contacts. In July 2009, San Francisco police interviewed McCarthy, who admitted he’d helped bury Lambert’s body and agreed to go to Palm Springs to help look for it. However, Lambert’s body was never found. |