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Shaun R. Thompson
OR I G I NAL August 31 2010

Disciplinary Counsel
P.O. Box 1099

FILED FILED
2 Helena, MT 59624-1099
Tele.: (406) 442-1648
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Office of Disciplinary Counsel
4 AUG 312010 AUG 812010

5 ( Smith ( Smith
CLERK OF THE SUPREME Coupi CERKO
STATE OF MONTANA
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7 BEFORE THE COMMISSION ON PRACTICE OF THE

8 SUPREME COURT OF THE STATE OF MONTANA

10 IN THE MATTER OF DAVID P. RODLI, Supreme Court Cause No.

11 An Attorney at Law, ODC File Nos. 07-145 & 10-035
12 Respondent. COMPLAINT
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14

15 By request of a Review Panel of the Commission on Practice, the Office of Disciplinary

16 Counsel for the State of Montana ("ODC") hereby charges David P. Rodli with professional

17 misconduct as follows:

18 General A1leations
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1. David P. Rodli, hereinafter referred to as Respondent, was admitted to the
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practice of law in the State of Montana in 1978, at which time he took the oath required for
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22 admission, wherein he agreed to abide by the Rules of Professional Conduct, the Disciplinary

23 Rules adopted by the Supreme Court, and the highest standards of honesty, justice and morality,

24 including but not limited to, those outlined in parts 3 and 4 of Chapter 61, Title 37, Montana

25 Code Annotated.

Complaint - Page 1
 2. The Montana Supreme Court has approved and adopted the Montana Rules of
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Professional Conduct ("MRPC"), governing the ethical conduct of attorneys licensed to practice
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3 in the State of Montana, which Rules were in effect at all times mentioned in this Complaint.

4 Count One

5 3. ODC realleges and incorporates paragraphs 1 through 2 of the General

6 Allegations as if fully restated in this Count One.

7 4. Alan Peter D'Arcy ("D'Arcy") created a company named International

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Management Associates ("IMA"), a Nevada corporation. At all times pertinent hereto,
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Respondent represented IMA and D'Arcy.
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5. At all times pertinent hereto, Deborah and Eric Berry ("the Berrys) were affiliated
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with Genesis Alliance, LLC and Genesis Capital Management, LLC, both Nevada companies
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(collectively, "Genesis").
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6. Allan Clark ("Clark") Jack Wilemon ("Wilemon") formed a company called
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USPAC, Inc., a Delaware corporation.
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16 7. Clark was also the principal in another business, Financial Risk Specialists, Inc.

17 ("FRS").

18 8. On or about 2003, D'Arcy, Clark and the Berrys, through their respective entities,

19 started working together as part of a plan to make money on certain investment programs.

20 9. IMA and Genesis recruited investors to invest in the programs. Prospective

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investors were promised substantial returns on their capital. Upon information and belief,
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Respondent participated in recruiting investors.
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10. The investments were to be arranged by FRS.
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Complaint - Page 2
 11. In early 2004, Respondent opened up two trust accounts at JP Morgan Chase
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Bank of Dallas, Texas for use in the investment plan. The first account was named "David Rodli
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3 Law Offices Trust Account." The second account, "David Rodli Law Offices Transactions

4 Account," had a Dallas lawyer as a second signatory.

5 12. Also in 2004, Respondent opened a third account at JP Morgan Chase Bank of

6 Dallas, Texas: "David Rodli Law Offices Transactional Trust Account #2." It also had a Dallas

7 lawyer as a second signatory.

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13. Said trust accounts were not interest-bearing.
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14. Certain investor funds were deposited into David Rodli Law Offices
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Transactional Trust Account #2. Respondent represented to investors that funds were to be held
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in trust and not transferred or otherwise removed without the permission of the investor.
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15. On or about July 9, 2004, $500,000.00 received from Clear Partners, Ltd. ("Clear
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Creek"), a Texas limited partnership, was deposited into David Rodli Law Offices Transactional
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Trust Account #2.
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16 16. In January 2005, an additional $50,000.00 received by Clear Creek was deposited

17 into David Rodli Law Offices Transactional Trust Account #2.

18 17. Without the knowledge or consent of Clear Creek, Respondent removed the

19 $550,000.00 belonging to Clear Creek out of David Rodli Law Offices Transactional Trust

20 Account #2.

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18. On or about March 2, 2006, Clear Creek demanded the return of its money but
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Respondent did not return the funds.
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19. Respondent's conduct, as described herein, constitutes violations of Rules 1.15,
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1.18 and 8.4, MRPC.
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Complaint - Page 3
 1 Count Two
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20. ODC realleges and incorporates paragraphs 1 through 2 of the General
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Allegations and paragraphs 4 though 14 of Count One as if fully restated in this Count Two.
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21. On or about September 23, 2004, $250,000.00 received from Killian Construction
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Co., a Missouri corporation ("Killian"), was deposited into David Rodli Law Offices
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Transactional Trust Account #2.
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22. Without the knowledge or consent of Killian, Respondent removed the
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$250,000.00 belonging to Killian out of David Rodli Law Offices Transactional Trust Account
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10 #2.

11 23. In April or May 2005, Killian demanded the return of its money but Respondent

12 did not return the funds.

13 24. Upon information and belief, after Killian filed a lawsuit against Respondent,
14 some of the monies belonging to Killian have been repaid by Wilemon.

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25. Respondent's conduct, as described herein, constitutes violations of Rules 1.15,
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1.18 and 8.4, MRPC.
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Count Three
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26. ODC realleges and incorporates paragraphs 1 through 2 of the General
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Allegations and paragraphs 4 though 14 of Count One as if fully restated in this Count Three.
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27. On or about June 30, 2004, $180,000.00 received from Community Full Gospel
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Church, aka, Gateway Fellowship ("the Church"), of Oakley, Kansas, was deposited into David

23 Rodli Law Offices Transactional Trust Account #2.

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Complaint - Page 4
 28. Without the knowledge or consent of the Church, Respondent removed the
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$180,000.00 belonging to the Church out of David Rodli Law Offices Transactional Trust
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Account #2.

4 29. In June 2005, the Church demanded the return of its money but Respondent did

5 not return the funds.

6 30. Upon information and belief, the Church filed a lawsuit against Respondent and
7 some of the monies belonging to Killian have been repaid by Wilemon.
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31. Respondent's conduct, as described herein, constitutes violations of Rules 1.15,
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1.18 and 8.4, MRPC.
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Count Four
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32. ODC realleges and incorporates paragraphs 1 through 2 of the General
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Allegations and paragraphs 4 though 14 of Count One as if fully restated in this Count Four.
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33. SolarMission Technologies, Inc. ("SMT") is a Nevada corporation, headquartered
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at Respondent's law office. At all times pertinent hereto, Respondent was Secretary of the SMT.
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16 Rodli has also represented SMT as its attorney and served as a director.

17 34. On November 24, 2004, without authorization from SMT's president or board of

18 directors, Respondent transferred $275,000.00 from SMT's bank account with Wells Fargo

19 located in Missoula, Montana to the David Rodli Law Offices Trust Account.
20 35. On December 3, 2004, Respondent transferred $262,000.00 of the $275,000.00 to
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David Rodli Law Offices Transactional Trust Account #2.
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36. The $262,000.00 was aggregated with other funds and transferred to USPAC, Inc.
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at the request of IMA. Three $250,000.00 transfers were made to USPAC, Inc. on December 13,
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2004, December 17, 2004 and December 20, 2004.
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Complaint - Page 5
 37. Respondent's conduct, as described herein, constitutes violations of Rules 1.15,
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1.18 and 8.4, MRPC.
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WHEREFORE, the Office of Disciplinary Counsel prays:
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4 1. That a Citation be issued to the Respondent, to which shall be attached a copy of

5 the complaint, requiring Respondent, within twenty (20) days after service thereof, to file a

6 written answer to the complaint;

7 2. That a formal hearing be had on the allegations of this complaint before an

8 Adjudicatory Panel of the Commission;
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3. That the Adjudicatory Panel of the Commission make a report of its findings and
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recommendations after a formal hearing to the Montana Supreme Court, and, in the event the
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Adjudicatory Panel finds the facts warrant disciplinary action and recommends discipline, that
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the Commission also recommend the nature and extent of appropriate disciplinary action, and,
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4. For such other and further relief as deemed necessary and proper.
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15
DATED this- 3 '' " day of August, 2010.

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Shaun R. Thompson
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Disciplinary Counsel

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I Complaint - Page 6