Prominent San Francisco attorney David Replogle and co-conspirator Miguel Bustamante were sentenced this May for the 2008 murder of Cliff Lambert, a wealthy Palm Springs resident whom they killed as part of a plot to steal and resell his home and other assets. Two other accused co-conspirators still await trial in the case.
As part of the fraudulent real estate transaction, Replogle allegedly signed a Notary’s journal posing as Lambert and providing a thumbprint, as required by California law. According to police, Replogle later returned to the Notary’s office to steal the journal in a failed attempt to cover his tracks. The journal entry became the key evidence that led police to Replogle and his co-conspirators.
California and Illinois are the only states that require Notaries to record signers’ thumbprints for real estate-related transactions — a practice that helps prevent imposture. However, as noted in the NNA’s Recommended Notary Practices, every Notary should ask their signers to provide a thumbprint for the official journal record, even if it’s not required by state law.
