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An Orange County attorney for three Mater Dei High School football players in a pair of high-profile cases that have drawn national attention has been disbarred for misappropriating more than $500,000 in funds from multiple clients, the State Bar confirmed.
David M. Nisson of Tustin was disbarred this month after the State Bar found that between November 2013 and December 2020, Nisson “made numerous improper withdrawals” from accounts for six clients, according to State Bar court filings. The improper withdrawals totaled $511,409.69, according to the filings.
The improper withdrawals were unrelated to the Mater Dei cases.
“From 2013 to 2021, Nisson represented six clients in personal injury claims,” the State Bar said in a report. “During that time, he made numerous improper withdrawals from their client trust accounts, misappropriating more than $500,000 in client funds for his own personal use. The largest misappropriation from a single client totaled more than $379,000.”
The State Bar filed six counts of moral turpitude and misappropriation charges against Nisson on Oct. 6 alleging he “engaged in a major misappropriation of client funds.”
The most significant charge against Nisson involved the estate of Josephine Farber. Farber hired Nisson to represent her in an unlawful transfer of property case, according to State Bar filings. Nisson received $366,024 in proceeds from the sale and was required to maintain those funds for Farber. Four months after Farber died in December 2013, Nisson filed a probate petition to appoint himself as administrator of Farber’s estate. Farber’s two daughters, Debra Flynn and Gail Christie, consented to his appointment, according to State Bar documents.
“A year later, on or about April 28, 2015, Respondent sent a letter to Farber’s daughters informing them, among other things, that the roughly $366,000 proceeds from the sale of Farber’s home were being held in his client trust account ending in 3058,” according to a State Bar filing. “As of April 29, 2015, that client trust account contained $400,485.52. However, Respondent did not maintain the Farber estate funds in trust, nor did he disburse them to the estate or on its behalf. Instead, without the consent or knowledge of Farber’s heirs, he withdrew the funds, while experiencing financial hardship, and used them for his own benefit.”
State Bar documents confirm that Nisson reimbursed his clients.
“I’m very sorry for what happened,” Nisson said Thursday. “I’m very sorry for harming any clients.”
Nisson said he was undecided on whether to reapply to practice law in the future.
Nisson played a key role in a controversy that has raised questions about the culture within one of the country’s premier high school football programs following a pair of recent Orange County Register reports detailing misconduct by Mater Dei players.
Nisson represented a current Mater Dei football player who punched a teammate, 50 pounds lighter than him, three times in the face during an alleged hazing ritual called “Bodies” on Feb. 4, 2021 while other Monarchs players shouted racial epithets at the smaller player, according to two videos of the altercation obtained by the Register.
The fight would leave the smaller player with a traumatic brain injury, two gashes over his right eye, one over his left and a broken nose that would require surgery, the results of a series of blows to the head that would prompt a Santa Ana Police Department investigator to recommend the Orange County District Attorney’s juvenile division file felony battery charges against the other player, according to a police report obtained by the Register.
The Orange County District Attorney’s Office does not intend to file charges in the case. Orange County District Attorney Todd Spitzer has said the altercation does not meet the legal standards for criminal “hazing” or felony assault, but he is willing to consider additional evidence.
The smaller player’s family filed a lawsuit against Mater Dei High School and the Roman Catholic Diocese of Orange in Orange County Superior Court on Nov. 23.
A Mater Dei player provided a cellphone video to Pat Dubar, a Monarchs assistant coach. Dubar shared the video with Nisson, who represented the larger player. Nisson eventually provided the video to the Santa Ana PD.
After reviewing the video of the altercation, Santa Ana PD investigator David Angel concluded that the larger player’s second punch to the smaller player’s face was the turning point in the fight and recommended charges be filed.
Nisson also represented two Mater Dei football players who allegedly attacked and beat a Monarchs basketball player as he tried to leave a social gathering in Irvine shortly after midnight on May 5, 2019, according to police reports.
The alleged attack left Chase Hall, the Mater Dei basketball player with a broken jaw that required surgery.
“I’ll never forget what the surgeon said,” his mother Mary Hall said while discussing the punch that broke her son’s jaw.
“He said if it had been a quarter-inch higher,” she continued, “he would have been gone.
“He would be dead.”
Irvine PD also obtained video from a surveillance camera from a home on the street of the altercation, according to a police report. After reviewing the video, an Irvine PD officer wrote he “witnessed (one of the Mater Dei football players) walk up behind Hall and punch Hall in the head area. Hall falls to the ground and is helped into a waiting Uber.”
The Irvine PD officer concluded “this incident stemmed from a previous fight involving (a classmate)” and another student and (the classmate) “was upset over an apparent video sharing of the fight and confronted Hall who he suspected was spreading it. The classmate brought (the Mater Dei football players) with him as intimidation to confront Hall … a result of the confrontation, Hall was physically assaulted by (one of the football players) …which resulted in a broken jaw.
“lt is my opinion a violation of CPC 243(D) aggravated assault occurred. Additionally, (criminal conspiracy) should be considered as it appears as though” the classmate and the football players “arrived at the location for the sole purpose of confronting (Hall) and assaulting him.”
Juvenile proceedings are sealed. Nisson, who represented the two Mater Dei football players, declined to discuss the outcome of the criminal cases because his clients were juveniles at the time of the altercation. Mary Hall attended the hearings and said the players were given probation.