Thursday, September 11, 2008
Bar: Lawyer consents to revocation of license
Gerard Marks admitted to forging signatures, board said.
Former Christiansburg lawyer Gerard Marks admitted to forging the signatures of various judges and the clerk of the State Corporation Commission, according to a document released by the Virginia State Bar Disciplinary Board.
The board posted on its Web site Marks' consent to revocation of his license to practice law, along with an ethics committee's certification of two misconduct charges to the disciplinary board. The documents show that Marks' actions had been questioned at least a year ago.
Marks faces 21 felony charges in Montgomery County related to forgery of his clients' legal documents. His case is scheduled for a trial later this month.
A grand jury in April indicted Marks on 11 counts of forgery of public records and 10 counts of uttering, or passing false legal documents to clients and others. He is accused of forging documents from 1999 to 2007.
According to the consent to revocation, which Marks signed July 30, he:
n Acknowledged being paid $1,000 to incorporate a business but did not do so and did not issue his client a refund;
n Admitted forging a judge's signature on a divorce decree;
n Admitted receiving $1,000 for a custody and support matter but doing little or nothing in the case and not accounting for his fee;
n Issued a purported settlement check to his client in a personal injury case when no settlement had occurred; and
n Admitted forging the signatures of various judges to four circuit court orders.
It is unclear how many judges' signatures were forged.
Other incidents involving Marks are described in more detail in the ethics committee's certification.
The Virginia State Bar's investigator presented evidence about two incidents to a three-member ethics committee to see if the incidents were serious enough to be certified to the disciplinary board for a full hearing.
Ethics committee members said they are prohibited from commenting on an active case.
According to that document, Dan Canada paid Marks $1,000 in May 2005 to represent him in an easement dispute he had with the neighbors of his rental property.
In October 2006, Marks hand-delivered a court order to Canada purportedly granting him a prescriptive easement across the neighbors' property. Canada learned, while trying to have the Montgomery County Sheriff's Office serve the order on his neighbors, that Circuit Court Judge Ray Grubbs' signature on the order had been forged.
Marks admitted that he had forged the signature.
In another incident, Marks forged the signature of Joel Peck, clerk of Virginia's State Corporation Commission, after being hired to organize a limited liability company and claiming to do so in May 2007.
Marks told the Virginia State Bar's investigator, according to the document, "that while he had no specific recollection of how he forged/generated the certificate, he opined he must have used a cut and paste method and a copy machine."
Marks couldn't be reached for comment Wednesday. His attorney, Mac Doubles, said he hadn't seen the documents and didn't think it would be appropriate to comment.
Marks had been licensed to practice law in Virginia since 1992.
A jury trial on the 21 criminal charges is scheduled for Sept. 25 in Montgomery County Circuit Court.











