In re Anonymous No. 25 D.B. 88

18 Pa. D. & C.4th 204, 1992 Pa. LEXIS 592
CourtSupreme Court of Pennsylvania
DecidedSeptember 17, 1992
DocketDisciplinary Board Docket No. 25 D.B. 88
StatusPublished

This text of 18 Pa. D. & C.4th 204 (In re Anonymous No. 25 D.B. 88) 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. 25 D.B. 88, 18 Pa. D. & C.4th 204, 1992 Pa. LEXIS 592 (Pa. 1992).

Opinion

KELLER, Past Chair,

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 with respect to the above-captioned petition for discipline.

HISTORY OF PROCEEDINGS

The Pennsylvania Supreme Court issued an order on March 21,1988, immediately 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 January 22, 1988 conviction in the U.S. District Court for the [ ] District of Pennsylvania on charges of conspiracy to participate in the affairs of an enterprise through a pattern of racketeering in violation of 18 U.S.C. [205]*205§ 1962(d). As a result of his conviction, respondent was sentenced to serve a term of imprisonment of five years and fined the sum of $5,000.

The Office of Disciplinary Counsel filed a petition for discipline against respondent on the basis of his conviction. The petition alleged that the conduct which led to respondent’s criminal conviction violated eight disciplinary rules. No answer was filed by respondent.

A hearing of the matter was held on October 5, 1990, before Hearing Committee [ ], which was chaired by [ ], Esq., and included members [ 3» Esq., and [ ], Esq. Hearing Committee [ ] filed its report on June 6, 1991, and recommended that respondent be disbarred from the practice of law.

On July 19,1991, respondent filed a brief on exceptions, in which respondent advocated for a sanction less than disbarment.

On July 24, 1991,. the Office of Disciplinary Counsel filed a brief opposing exceptions, in which Disciplinary Counsel agreed with the Hearing Committee that disbarment of respondent is proper.

The matter was adjudicated at the September 27,1991, meeting of the Disciplinary Board of the Supreme Court of Pennsylvania.

FINDINGS OF FACT

(1) Petitioner, whose principal office is located at 300 North Second Street, Harrisburg, 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 [206]*206an 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 March 21, 1988, entered pursuant to Rule 214(d), Pa.R.D.E.

(3) Respondent’s most recent registered residence address is [ ]. His attorney registration number is [ ].

(4) On or about August 20, 1987, respondent was indicted by a grand jury sitting in the U.S. District Court for the [ ] District of Pennsylvania in the matter of United States of America v. [Respondent] etal., Criminal no. [ ].

(5) On January 22, 1988, after a trial before the Honorable [A] and a jury, respondent was found guilty of Count I of the indictment charging conspiracy to participate in the affairs of an enterprise through a pattern of racketeering in violation of 18 U.S.C. §1962(d).

(6) Count I of the indictment charged that respondent, while an attorney licensed to practice law in the Commonwealth of Pennsylvania, conspired with [B], then a judge of the Court of Common Pleas; [C], [B’s] personal aide; and [D], an associate of [B]; “and with other persons both known and unknown” to:

“Unlawfully, knowingly and willfully combine, conspire, confederate and agree with each other and with others, to violate Title 18, U.S.C. § 1962(c), namely, to conduct and participate directly and indirectly in the conduct of affairs of the Court of Common Pleas of [ ] [207]*207County, an enterprise engaged in and the activities of which affected interstate commerce, through a pattern of racketeering activity, as that term is defined in Title 18, U.S.C. §1961(5), consisting of:

“(a) multiple acts of bribery of public officials in violation of 18 Pa.C.S. §4701; and

“(b) multiple acts of extortion under color of official right, in violation of Title 18, U.S.C. §1951(a).” (Exh. B, pp. 2-4.)

(7) The purpose of the conspiracy was to “corruptly influence the outcome of judicial proceedings pending in the [ ] court system through bribery and extortion.” (Exh. B, p. 4, para. 5.)

(8) The indictment further charged that it was part of the conspiracy “that the defendants would and did utilize the Court of Common Pleas as a means of corruptly obtaining money and other things of value in exchange for the handling and disposing of judicial proceedings pending in the [ ] court system.” (Exh. B, p. 4, para. 5.)

(9) Respondent was found guilty of a conspiracy which included: (a) steering cases involving criminal defendants to certain attorneys and judges in the court system of [ ] County to obtain favorable results; (b) raising bail or imposing jail sentences upon criminal defendants in order to solicit money from them or their relatives in exchange for their freedom; (c) corruptly handling and disposing of cases in the Courts of [ ] County for profit; and (d) soliciting criminal defendants, their relatives, or their attorneys in the Courts of [ ] County for money in exchange for favorable treatment of pending criminal cases.

[208]*208(10) Respondent was found guilty of conspiracy to affect the outcome of five criminal cases: Commonwealth v. [E], Commonwealth v. [F], Commonwealth v. [G], Commonwealth v. [H], and Commonwealth v. [II

(11) On or about October 18, 1985, [E] was arrested and charged with various drug offenses.

(12) On or about May 13, 1986, [E] appeared before [B], and was represented by respondent.

(13) On or about May 13, 1986, [B] suppressed the drugs in the [E] case based on credibility, stating that the District Attorney’s Office should have produced two additional eyewitnesses to the police search and seizure.

(14) On or about May 13, 1986, [B] told the court officer in courtroom [ ] of City Hall to tell respondent to leave and come back later because [B] did not want to hurt the assistant district attorney on the [E] case.

(15) On or about May 14, 1986, [B] asked respondent if he had any objections to the [E] case being nolle prossed.

(16) On or about May 14,1986, [B] and [C] discussed how respondent failed to raise the issue of the two additional witnesses who were not present to testify for the prosecution in the [E] case. [B] instructed [C] to go to see respondent because [B] “should not be talked to on the phone.”

(17) On or about May 23, 1986, while discussing his need for money, [B] told [C] to find respondent.

(18) Respondent paid [C] $700 to “fix” the [E] case.

(19) [C] received $250; [B] received the balance.

[209]*209(20) [F], a court reporter who was sometimes assigned to [B’s] courtroom, was arrested on April 12, 1986, and charged with possession of controlled substances.

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Related

Office of Disciplinary Counsel v. Stern
526 A.2d 1180 (Supreme Court of Pennsylvania, 1987)
Johnson Disbarment Case
219 A.2d 593 (Supreme Court of Pennsylvania, 1966)
Office of Disciplinary Counsel v. Lewis
426 A.2d 1138 (Supreme Court of Pennsylvania, 1981)
Office of Disciplinary Counsel v. Keller
506 A.2d 872 (Supreme Court of Pennsylvania, 1986)
Office of the Disciplinary Counsel v. Campbell
345 A.2d 616 (Supreme Court of Pennsylvania, 1975)

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18 Pa. D. & C.4th 204, 1992 Pa. LEXIS 592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-anonymous-no-25-db-88-pa-1992.