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V12 2009 INDEX       E-SYLUM ARCHIVE

The E-Sylum: Volume 12, Number 36, September 6, 2009, Article 11

ARBITRATOR ORDERS FORMER EXECUTIVE DIRECTOR TO PAY ANA $53,500

This is old news to those who read the U.S. numismatic newspapers, but since we had been following the story here in The E-Sylum, here are excerpts from a recent Numismatic News article by David Ganz on a recent decision regarding the ANA's former executive director. -Editor

Christopher Cipoletti, who was ousted as executive director of the American Numismatic Association, has been ordered to pay $53,500 in arbitration fees and costs to the ANA.

Cipoletti, who was first placed on administrative leave and then fired "for cause" by the ANA board of governors, suffered a complete loss when an arbitrator ruled he breached his fiduciary duty to the organization, double-billed the ANA and private clients, and failed to properly account for his time, spending over 800 hours (the equivalent of 100 days) on non-ANA matters.

The arbitrator, Colorado attorney Kathryn E. Miller, dismissed his claim against the ANA on May 27 and ruled Cipoletti was entitled to no further payments under his employment agreement.

The arbitrator made the requisite finding of bad faith.

Damning his actions, the arbitrator found Cipoletti has been "stubbornly litigious and disrespectful of truth and accuracy."

In summary, the arbitrator's May 27 decision wrote, "Overall, the Claimant's conduct constitutes a breach of his fiduciary duty to the ANA. I have certainly wondered about Claimant's motive for his behavior in this matter. But ultimately, it doesn't matter why. It only matters whether his misconduct was knowing and intentional. I believe that it was. The fact that Claimant paid back the money does not change the outcome. Lawyers are not entitled to use their clients' money until caught. Lawyers are in a position of trust and clients have the absolute right to expect that, even without questions or complaints from the client, their lawyer is being fair and honest with them, and that the lawyer will resolve all doubt in favor of the client. Claimant [Cipoletti]failed to do this."

And so one of several legal gifts in the form of lawsuits left behind by the abrupt departure of Cipoletti is resolved. Where the rest go remain to be seen.

To read the complete article, see: Cipoletti ordered to pay ANA $53,500 (numismaticnews.net/article/Cipoletti_ordered_to_pay_ANA_53500/)

Wayne Homren, Editor

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