Fresno lawyer facing charges from California State Bar for alleged misuse of client funds
%20(2_fitted.jpeg "Mark Castro")
The State Bar of California has filed disciplinary charges against Fresno attorney Mark Josephy Castro for numerous violations, including using client funds to pay for personal expenses.
The 11-count notice accuses Castro of dipping into a bank account designated for client funds to cover the cost of his credit card bills, Uber rides, hotels, subscription streaming services and other items.
Castro, who practices personal injury, criminal defense and family law, could not be reached for comment Wednesday. He is allowed to continue practicing while his case goes through the disciplinary process.
He is scheduled to appear before the State Bar Court in San Francisco on May 2. If the state proves Castro committed the violations, he faces disciplinary action that could result in suspension of his license or complete disbarment.
Castro was admitted to the State Bar of California in 2013 and is a graduate San Joaquin College of Law in Clovis. He also ran for Fresno City Council in 2014, losing to Esmeralda Soria.
One of the allegations in the the notice of disciplinary action is the 2017 case of a client who did not receive her full settlement from an insurance company.
State bar records show the insurance company issued an $80,000 check to Castro on behalf of his client and the client’s lien holder. Castro was entitled to no more than $24,750. His client and the lien holder were supposed to receive $55,250, but the client only received $35,112.
“Respondent made no other disbursements on behalf of the client after this first disbursement. Between July 31, 2017 and Aug. 15, 2018, respondent willfully and intentionally misappropriated $20,137.43, that the respondent’s client or the client’s lien holders were entitled to receive. On August 15, 2018, respondent’s client trust account dipped to zero,” according to the notice of disciplinary action.
The state bar also alleges Castro violated the rules of professional conduct by commingling his funds with those of his clients from November 13, 2015 to August 30, 2019.
In 2014, a client of Castro accused him of failing to show up to four court hearings. She had hired him for a divorce, but a judge dismissed her case in 2018 after Castro failed to appear for an important hearing.
This story was originally published March 31, 2022 at 5:00 AM.
