In re Anonymous No. 128 D.B. 90

21 Pa. D. & C.4th 107, 1992 Pa. LEXIS 590
CourtSupreme Court of Pennsylvania
DecidedNovember 5, 1992
DocketDisciplinary Board docket no. 128 D.B. 90
StatusPublished

This text of 21 Pa. D. & C.4th 107 (In re Anonymous No. 128 D.B. 90) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Anonymous No. 128 D.B. 90, 21 Pa. D. & C.4th 107, 1992 Pa. LEXIS 590 (Pa. 1992).

Opinion

To the Honorable Chief Justice and Justices of the Supreme Court of Pennsylvania:

McGIVERN, Member,

Pursuant to Rule 208(d)(2)(iii) of the Pennsylvania Rules of Disciplinary Enforcement, the Disciplinary Board of the Supreme Court of Pennsylvania herewith submits its findings and recommendations to your honorable court [108]*108with respect to the above-captioned petition for discipline.

I. HISTORY OF PROCEEDINGS

The Pennsylvania Supreme Court issued an order on November 27, 1990, suspending respondent from the practice of law. The order was entered in accordance with Rule 214(d), Pa.R.D.E., on the basis of respondent’s March 1, 1990 conviction in the United States District Court for the [ ] District of Pennsylvania on charges of conspiracy to manufacture Phenyl-2-Propanone and methamphetamine in or about June 1985, through February 1986, in violation of 21 U.S.C. §841(a)(l); manufacture of P2P in or about June, 1985, in violation of 21 U.S.C. §841(a)(l) and 18 U.S.C. §2; and manufacture of methamphetamine in or about January 1986, in violation of 21 U.S.C. §841(a)(l) and 18 U.S.C. §2.

As a result of the conviction, respondent was sentenced to serve two terms of imprisonment of 12 years, to run concurrently to each other; a five year probationary period to commence upon respondent’s release from custody, a fine of $15,000, and a special assessment of $150.

Respondent appealed the judgment of sentence imposed upon him by the United States District Court for the [ ] District of Pennsylvania to the United States Third Circuit Court of Appeals. On March 14, 1991, the United States Court of Appeals for the Third Circuit affirmed the judgment of the United States District Court for the [ ] District of Pennsylvania.

On October 16,1991, the Office of Disciplinary Counsel filed a petition of discipline against respondent on the basis of his conviction. The petition alleged that the conduct which led to respondent’s criminal con[109]*109viction violated four disciplinary rules. Respondent filed no answer.

A hearing of the matter was held on February 26, 1992 before Hearing Committee [ ], which was chaired by [ ], Esquire, and included members [ ], Esquire, and [ ], Esquire. Hearing Committee [ ] filed its report on May 27, 1992 and recommended that respondent be disbarred from the practice of law.

The matter was adjudicated at the July 24,1992 meeting of the Disciplinary Board of the Supreme Court of Pennsylvania.

II. FINDINGS OF FACT

The board adopts the findings of fact made by the Hearing Committee, which are amply supported by the evidence in this matter.

(1) Petitioner, whose principal office is located at Union Trust Building, Suite 400,501 Grant Street, Pittsburgh, Pennsylvania, is invested, pursuant to Rule 207 of the Pennsylvania Rules of Disciplinary Enforcement, with the power and the duty to investigate all matters involving alleged misconduct of an attorney admitted to practice law in the Commonwealth of Pennsylvania and to prosecute all disciplinary proceedings brought in accordance with the various provisions of the aforesaid rules.

(2) Respondent, [ ], is currently suspended from the practice of law by order of the Supreme Court of Pennsylvania dated November 27,1990, entered pursuant to Pa.R.D.E. 214(d).

(3) Respondent previously maintained an office for the practice of law in [ ], [ ], County, Pennsylvania. In addition, respondent is a former district attorney of [ ] County. (N.T., pp. 10-11.)

[110]*110(4) Respondent is currently incarcerated. His permanent residence address is [ ].

(5) During a time period from in or about June 1985, through in or about February 1986, in [ ] County, respondent and another conspired to manufacture controlled substances known as Phenyl-2-Propanone and methamphetamine, both in violation of the United States Code.

(6) Respondent also engaged in the manufacture of P2P and methamphetamine between in or about June 1985 and in or about January 1986, also in violation of provisions of the United States Code.

(7) Respondent engaged in the foregoing conduct as an active participant in the scheme, plan or design to manufacture controlled substances. The acts which he performed in furtherance of the conspiracy included, but are limited to, the following:

(a) writing lists of ingredients for the manufacture of controlled substances;

(b) delivering ingredients and laboratory equipment for the manufacture of the controlled substances;

(c) providing formulas for the manufacture of the controlled substances;

(d) transferring money and chemicals in furtherance of the manufacture of the controlled substances; and

(e) transporting the manufactured substances.

(8) As a result of respondent’s illegal conduct as set forth hereinabove, he was indicted on or about December 14, 1989, by a grand jury in the United States District Court for the [ ] District of Pennsylvania.

(9) In the aforesaid indictment, respondent was charged with:

[111]*111(a) conspiracy to manufacture P2P and methamphetamine in or about June 1985, through February 1986;

(b) manufacture of P2P in or about June 1985;

(c) manufacture of methamphetamine in or about January 1986, and,

(d) manufacture of methamphetamine in or about February 1986.

(10) Following a trial in the United States District Court for the [ ] District of Pennsylvania, respondent was found guilty on or about March 1, 1990, of all charges except the manufacture of methamphetamine in or about February 1986. (Count five of the indictment.)

(11) On or about July 9, 1990, the Honorable [A], United States District Judge, sentenced respondent as follows:

(a) a term of imprisonment of 12 years on each of Counts Two and Four, to run concurrently to each other;

(b) as to Count One of the indictment, a period of probation of five years, to commence upon respondent’s release from custody following the term of imprisonment.

(c) a fine of $ 15,000 to be paid in monthly installments during the first three years of probation.

(d) a special assessment of $150; and,

(e) other conditions of probation routinely imposed upon defendants in federal criminal cases.

(12) Thereafter, respondent appealed the judgment of the sentence imposed upon him by the United States District Court for the [ j District of Pennsylvania to the United States Third Circuit Court of Appeals.

(13) By order dated March 14, 1991, the United States Circuit Court of Appeals for the Third Circuit [112]*112affirmed the judgment of the United States District Court for the [ ] District of Pennsylvania.

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