2004AP1911-D In the Matter of Disciplinary Proceedings Against Mark E. Sostarich, Attorney at Law

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“[T]he referee concluded that Attorney Sostarich had met all of the criteria for reinstatement, including compliance with repayment obligations, and has met his burden of demonstrating that his license to practice law in Wisconsin should be reinstated. The referee specifically noted that ‘the prior misconduct, for which Mr. Sostarich was sanctioned, is really an aberration in his life as an attorney, and not part of a pattern of improper behavior.’

“We note further that Attorney Sostarich cooperated fully in the underlying federal criminal proceeding, self-reported his conviction to the OLR, and is complying fully with the criminal penalties imposed upon him in the criminal proceeding. On March 11, 2005, Attorney Sostarich was sentenced in federal court to three years probation, conditioned on 150 days of home confinement with the usual conditions of home confinement, including electronic monitoring. He was also ordered to pay restitution to the Police Athletic League in the amount of $42,649 and to perform 75 hours of community service. We note that during the sentencing proceeding in the federal court, the sentencing judge considered Attorney Sostarich’s significant health concerns, commented that there was no real financial gain to Attorney Sostarich, and commented very favorably on Attorney Sostarich’s otherwise stellar record of community and public service. After careful review of the record we agree that Attorney Sostarich has established by clear, satisfactory, and convincing evidence that he has satisfied all the criteria necessary for reinstatement. We note further that he was suspended for a period of 18 months and his license has now been under suspension nearly two years.”

So ordered.

Per Curiam.