Lawyer Disciplinary Bd. v. Moore

In Lawyer Disciplinary Bd. v. Moore, 214 W.Va. 780, 787, 591 S.E.2d 338, 345 (2003) the Court denied Governor Moore's Petition for Reinstatement of his license to practice law in West Virginia, the Court explained that the Hearing Panel Subcommittee of the Lawyer Disciplinary Board Panel's Recommendation states: . . . Moore overstates the finding of that case. The lawsuit was brought against Moore to collect money paid by the State of West Virginia Occupational Pneumoconiosis Fund and others as a result of Moore's criminal conduct. Many of the counts were dismissed, but not because the Court concluded that Moore was an innocent man. Rather, the Court concluded that the State failed to demonstrate that it had actually suffered a financial loss as a result of Moore's criminal conduct. Moreover, Judge Williams concluded that there was evidence that Moore had unjustly enriched himself when he took money from Kizer and others: . . . the Court finds that the State has presented a genuine issue of material fact as to whether Moore was unjustly enriched through his conduct as Governor. After all, it is undisputed that Moore received unlawful campaign contributions, as well as a substantial payment from Kizer. Because the State could persuade a jury that those payments constituted unjust enrichment, the Court will permit the State to proceed to trial on this claim. Accordingly, the Court denies Moore's motion for summary judgment on Count XII of the Amended Complaint. (West Virginia v. Moore, 895 F. Supp. at 874-875.)