Attorney Grievance Commission v. Garcia

979 A.2d 146, 410 Md. 507, 2009 Md. LEXIS 635
Court of Appeals of Maryland·Decided August 28, 2009·No. Misc. Docket AG No. 9, September Term, 2008·Published·Cited by 39 cases

Opinions

BATTAGLIA, J.

Jose Expedito Garcia, Respondent, pled guilty on November 29, 2007, to the crime of conspiracy to commit immigration [510] fraud, in violation of 18 U.S.C. §§ 3711 and 1546(a)2 in the United States District Court for the Eastern District of Virginia; he was sentenced on February 8, 2008, to 10 weekends in jail, two years of supervised probation, 50 hours of community service, and a fine of $750.00.3 Subsequently, Bar Counsel, acting on behalf of the Attorney Grievance Commission, Petitioner, on May 12, 2008, filed with this Court,4 pursuant to Rules 16-751(a)(2)5 and 16-771(b),6 a Petition for Disciplinary [511] or Remedial Action.7 Bar Counsel charged Mr. Garcia with violating Rule 8.4(a)-(d) of the Maryland Rules of Professional Conduct.8 We referred the case, pursuant to Rule 16—752(a),9 to the Honorable Eric M. Johnson of the Circuit Court for Montgomery County, for hearing pursuant to Rule 16-757(c).10 [512] Following a hearing on December 17, 2008, Judge Johnson submitted his findings of fact as follows:

Findings of Fact
Mr. Garcia, a member of the Maryland Bar since June 25, 1997, maintained an office for the practice of law in Falls Church, Virginia. Mr. Garcia is an attorney and partner in the law firm of Calonge, Garcia, and Associates, P.C. located in Falls Church, Virginia. The firm assists aliens seeking to obtain permission to work in and to secure lawful permanent residence in the United States.
On or about April 11, 2001, an alien, “N.V.,” sought the immigration services of Mr. Garcia’s firm which resulted in the firm filing an Application for Alien Labor Certification (form ETA 750) and a Petition for Alien Worker (form I-140) with what was then the Immigration and Naturalization Services (INS), and now Citizenship and Immigration Services (CIS). Because N.V. did not have the employment background and experience needed to qualify for that position, a false letter was created and filed in support of the forms filed with INS. The letter was drafted by Mr. Garcia’s co-conspirator and falsely stated that N.V. had been employed in the field in the Philippines from October 1995 until June 1998. Mr. Garcia knowingly signed the letter in the name of the purported employer, and further, Mr. Garcia knew that the forged letter was to be filed with INS and was material to the adjudication of N.V.’s applications.
INS initially granted the form 1-140 but later determined that the Certification for Employment was false based on information recorded in N.V.’s passport, which revealed that [513] N.V. was working on a boat during the period when he purportedly was a caregiver in the Philippines. On April 22, 2003, INS sent a letter to Mr. Garcia’s firm stating their intent to revoke the approval of the visa petition. Subsequently, Mr. Garcia persuaded his partner to draft a letter alleging that the fraudulent Certification of Employment was “in fact a product of an honest clerical error,” and requested that the visa petition be withdrawn.
On November 29, 2007, in the United States District Court for the Eastern District of Virginia, Mr. Garcia was charged with one count of conspiracy to commit immigration fraud and was filed in the case captioned United States of America v. Jose Expedito Garcia, Case No. 1.-07CR473-001. Further, on November 29, 2007, Mr. Garcia was convicted pursuant to a plea agreement under which he plead guilty to the Criminal Information charging him with conspiracy to commit immigration fraud in violation of 18 U.S.C. §§ 371 and 1546(a). Mr. Garcia was sentenced on February 8, 2008, to serve ten weekends in jail at the Alexandria Detention Center and placed on two years of supervised probation and to complete 50 hours of community service. Further, Mr. Garcia was ordered to pay a fine in the amount of $750.00 and $100.00 assessment.

(Footnotes omitted.)

Based upon these findings of fact, Judge Johnson concluded that Mr. Garcia violated Rule 8.4 of the Maryland Rules of Professional Conduct:

Conclusions of Law
Maryland Rule 16-771(g) provides that “a final judgment of any court of record convicting an attorney of a crime, whether the conviction resulted from a plea of guilty, nolo contendere, or a verdict after trial, is conclusive evidence of the guilt of the attorney of that crime ’ ” (emphasis added). Also, Maryland Rule of Professional Conduct 8.4 for misconduct states in relevant part that it is professional misconduct for a lawyer to:
[514] (a) violate or attempt to violate the rules of professional conduct, knowingly assist or induce another to do so, or do so through the acts of another;
(b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other aspects;
(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
(d) conduct prejudicial to the administration of justice.
Mr. Garcia did violate the Maryland Rules of Professional Conduct by signing his name on a letter “purporting to verify employment for a [v]isa application” by representing himself to be the employer of the visa applicant. Despite the fact that it was Mr. Garcia’s partner who drafted the fraudulent letter, which on its face did not appear to make any misrepresentations of fact immediately apparent to Mr. Garcia, his action of signing the letter was clearly intended to commit a fraud, deceive, or misrepresent to INS that he was the employer of N.V. Moreover, the conviction is a serious criminal act pursuant to Md. Rule 16-701(k) that puts into jeopardy Mr. Garcia’s integrity as an attorney and hinders the proper administration of justice.

Free access — add to your briefcase to read the full text and ask questions with AI

Attorney Grievance Commission v. Garcia, 979 A.2d 146, 410 Md. 507, 2009 Md. LEXIS 635 (Md. 2009).

979 A.2d 146 (Attorney Grievance Commission v. Garcia) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Attorney Grievance v. Malone
285 A.3d 546 (Court of Appeals of Maryland, 2022)
Attorney Grievance v. Moawad
257 A.3d 611 (Court of Appeals of Maryland, 2021)
Attorney Grievance v. Rheinstein
223 A.3d 505 (Court of Appeals of Maryland, 2020)
Attorney Grievance v. Lefkowitz
463 Md. 165 (Court of Appeals of Maryland, 2019)
Attorney Grievance Comm'n of Md. v. Lefkowitz
205 A.3d 17 (Court of Appeals of Maryland, 2019)
Attorney Grievance Comm'n of Md. v. Blair
188 A.3d 1009 (Court of Appeals of Maryland, 2018)
Attorney Grievance Commission v. Butler
172 A.3d 486 (Court of Appeals of Maryland, 2017)
Attorney Grievance Commission v. Shuler
164 A.3d 209 (Court of Appeals of Maryland, 2017)
Attorney Grievance Commission v. Sweitzer
156 A.3d 134 (Court of Appeals of Maryland, 2017)
Attorney Grievance Commission v. Katz
116 A.3d 999 (Court of Appeals of Maryland, 2015)
Attorney Grievance Commission v. Eckel
115 A.3d 142 (Court of Appeals of Maryland, 2015)
Attorney Grievance Commission v. Adams
109 A.3d 114 (Court of Appeals of Maryland, 2015)
Attorney Grievance Commission v. Brigerman
105 A.3d 467 (Court of Appeals of Maryland, 2014)
Attorney Grievance Commission v. Wills
105 A.3d 479 (Court of Appeals of Maryland, 2014)
Attorney Grievance Commission v. Gelb
102 A.3d 344 (Court of Appeals of Maryland, 2014)
Attorney Grievance Commission v. Agbaje
93 A.3d 262 (Court of Appeals of Maryland, 2014)
Attorney Grievance Commission v. Landau
89 A.3d 1107 (Court of Appeals of Maryland, 2014)
Attorney Grievance Commission v. Friedman
87 A.3d 1225 (Court of Appeals of Maryland, 2014)
Attorney Grievance Commission v. Nusbaum
84 A.3d 98 (Court of Appeals of Maryland, 2014)
Attorney Grievance Commission v. Stillwell
73 A.3d 243 (Court of Appeals of Maryland, 2013)