In re Anonymous No. 129 D.B. 94

32 Pa. D. & C.4th 199
CourtSupreme Court of Pennsylvania
DecidedNovember 28, 1995
DocketDisciplinary Board Docket no. 129 D.B. 94
StatusPublished

This text of 32 Pa. D. & C.4th 199 (In re Anonymous No. 129 D.B. 94) 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. 129 D.B. 94, 32 Pa. D. & C.4th 199 (Pa. 1995).

Opinion

SLOANE, Member,

I. HISTORY OF PROCEEDINGS

On December 2, 1992, respondent was convicted by a jury in the United States District Court for the [ ] District of Pennsylvania of one count of conspiracy in violation of 18 U.S.C. §371 and three counts of making false statements to the Federal Election Commission in violation of 18 U.S.C. §§1001 and 2. As a result of this conviction, on October 14, 1993, the Supreme Court of Pennsylvania entered an order placing respondent on temporary suspension. On March 30, 1994, the felony conviction was reversed by the Court of Appeals for the Third Circuit and as a result, the Supreme Court ordered respondent reinstated on October 24,1994. Previously, on July 13,1994, respondent entered a plea of guilty in the United States District Court for the [ ] District to a single misdemeanor violation of 2 U.S.C. §§441 (f) and 437(g)(d)(l)(A) for making contributions in the name of others to a federal election campaign. By order of October 24, 1994, the Supreme Court referred the matter to the Disciplinary Board pursuant to Pa.R.D.E. 214(f)(1).

A petition for discipline was filed by the Office of Disciplinary Counsel on November 16, 1994, alleging violations of Rules of Professional Conduct 8.4(b) and (c). Respondent did not file an answer in the time frame provided. This matter was referred to Hearing Committee [ ] comprised of Chairperson [ ], Esquire, and Members [ ], Esquire, and [ ], Esquire. The committee filed its report on July 10, 1995 and recommended a suspension of one year and 11 days retroactive from October 14, 1993 through October 24, [201]*2011994 and that respondent receive credit for the suspension previously imposed upon him.

This matter was adjudicated by the Disciplinary Board at the meeting of August 17, 1995.

II. FINDINGS OF FACT

(1) Petitioner, whose principal office is located at Suite 3710, One Oxford Centre, 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 an attorney, age 54, having been admitted to practice law in Pennsylvania on or about 1967 and temporarily suspended by the Supreme Court of Pennsylvania from October 14,1993 through October 24, 1994, a period of one year and 11 days.

(3) Respondent has a law firm at [ ] and is the chief executive officer of the largest [ ] company in Pennsylvania.

(4) [ ]

(5) On December 2, 1992, respondent was convicted by a jury in the United States District Court for the [ ] District of Pennsylvania on one count of conspiracy in violation of 18 U.S.C. §371 and three counts of making false statements to the Federal Election Commission in violation of 18 U.S.C. §§1001 and 2.

(6) The Supreme Court of Pennsylvania temporarily suspended respondent from the practice of law by order of October 14, 1993.

[202]*202(7) On March 30, 1994, the United States Court of Appeals for the Third Circuit reversed respondent’s conviction and ordered a new trial.

(8) On July 13, 1994 in the United States District Court for the [ ] District of Pennsylvania, respondent entered a plea of guilty to a single misdemeanor violation of 2 U.S.C. §441(f), making contributions of the aforesaid money to a federal election campaign in the names of others on or about October 1987.

(9) Respondent was sentenced to pay a fine of $5,000, undergo probation for a period of two years, ordered to perform 400 hours of community service under the supervision of the Federal Probation Department and pay a special assessment of $25.

(10) At the plea/sentencing hearing respondent admitted the illegal acts charged but stated he did not know such acts were a violation of the applicable Federal Act. The court found such knowledge was not an element of the offense.

(11) On October 24, 1994, the Supreme Court reinstated respondent and ordered the matter referred to the Disciplinary Board pursuant to Rule 214(f)(1), Pa.R.D.E.

III. CONCLUSIONS OF LAW

Respondent’s conviction for violations of 2 U.S.C. §§441(f) and 437(g)(d)(l)(A) constitutes a per se individual basis for discipline under Rule 203(b)(1), Pa.R.D.E.

Respondent’s aforementioned misconduct violated the following Rules of Professional Conduct:

(a) R.P.C. 8.4(b) — (Committing a criminal act that reflects adversely on the honesty, trustworthiness or fitness as a lawyer in other respects).

[203]*203(b) R.P.C. 8.4(c) — (Engaging in conduct involving dishonesty, fraud, deceit or misrepresentation).

IV. DISCUSSION

Respondent’s criminal conviction constitutes a per se ground for discipline pursuant to Rule 203(b)(1), Pa.R.D.E. As respondent’s misconduct establishes a basis for the imposition of discipline, the dispositive issue before the board is the correct measure of discipline to be imposed. In order to determine the type of discipline warranted by respondent’s actions, the board must carefully consider and evaluate the facts which gave rise to the criminal charges as well as any mitigating factors. Office of Disciplinary Counsel v. Christie, 536 Pa. 394, 639 A.2d 782 (1994); Office of Disciplinary Counsel v. Eilberg, 497 Pa. 388, 441 A.2d 1193 (1982). The board is mindful that the purpose of a disciplinary proceeding is not to punish, but rather to determine the fitness of an officer of the court to continue in that capacity and to protect the courts and the public from the official ministrations of persons unfit to practice. Office of Disciplinary Counsel v. Duffield, 537 Pa. 485, 644 A.2d 1186 (1994).

The record evinces that respondent made a contribution to a federal election campaign in the name of another individual, in violation of a federal statute.

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Related

Office of Disciplinary Counsel v. Eilberg
441 A.2d 1193 (Supreme Court of Pennsylvania, 1982)
Office of Disciplinary Counsel v. Duffield
644 A.2d 1186 (Supreme Court of Pennsylvania, 1994)
Office of Disciplinary Counsel v. Christie
639 A.2d 782 (Supreme Court of Pennsylvania, 1994)

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Bluebook (online)
32 Pa. D. & C.4th 199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-anonymous-no-129-db-94-pa-1995.