In re Disciplinary Action Against Gorshteyn, 931 N.W.2d 762

Boris A. Gorshteyn, admitted 2012, operated Gorshteyn Law, P.C., serving mostly Somali clients who often required interpreters.
Director filed a petition and supplemental petition alleging extensive misconduct (2014–2017); Gorshteyn did not answer and the allegations were deemed admitted.
Misconduct included misappropriation of approximately $382,000 from client trust accounts, failure to maintain required trust-account records, and improper transfers/disbursements.
He repeatedly settled or arbitrated client claims without client knowledge/consent (including reliance on powers of attorney, one forged), failed to notify clients of settlements or disbursements, and did not timely return files.
He abandoned his practice in June 2016, failed to supervise case closures or notify clients and successor counsel, and failed to cooperate with the Director’s investigation.
The Director sought disbarment; the court considered the admitted facts, aggravating factors, lack of mitigation, and comparable precedents.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether misappropriation of client funds warrants disbarment	Director: misappropriation of ~$382,000 (excess fees and unrelated transfers) justifies disbarment	Gorshteyn did not respond or contest	Court: misappropriation is a particularly serious violation and supports disbarment
Whether pattern of neglect/abandonment warrants severe discipline	Director: prolonged client neglect, missed filings, dismissed cases, and abandonment support disbarment	No response from Gorshteyn	Court: sustained pattern of neglect over years aggravates sanction; supports disbarment
Whether unauthorized settlements, use/forgery of powers of attorney, and conflicts warrant disbarment	Director: settling claims without consent, forging/using POAs, undisclosed conflicts show serious ethical breaches	No response from Gorshteyn	Court: unauthorized settlements and forged POA are grave misconduct and independently support disbarment
Whether failure to cooperate with disciplinary investigation increases sanction	Director: noncooperation with audit/Director and in proceedings warrants harsher discipline	Gorshteyn did not cooperate or participate	Court: noncooperation aggravates sanction (may be considered in addition to substantive misconduct); disbarment ordered

In re Swensen, 743 N.W.2d 243 (Minn. 2007) (discipline determined after admissions)
In re Matson, 889 N.W.2d 17 (Minn. 2017) (discipline aims to protect public and deter misconduct)
In re Lundeen, 811 N.W.2d 602 (Minn. 2012) (misappropriation generally results in disbarment absent substantial mitigation)
In re Dovolis, 572 N.W.2d 734 (Minn. 1998) (disbarment for forging signatures and misappropriating client funds)
In re Rhodes, 740 N.W.2d 574 (Minn. 2007) (pattern of client neglect can warrant suspension or disbarment)
In re Brost, 850 N.W.2d 699 (Minn. 2014) (misappropriation harms public and profession)
In re Trombley, 916 N.W.2d 362 (Minn. 2018) (exploitation of vulnerable clients is an aggravating factor)
In re Tigue, 900 N.W.2d 424 (Minn. 2017) (restoration/restitution should not be double-counted as an aggravating factor)