In re Anonymous

22 Pa. D. & C.4th 513, 1994 Pa. LEXIS 940
CourtSupreme Court of Pennsylvania
DecidedFebruary 7, 1994
DocketDisciplinary Board Docket nos. 18 D.B. 87 & 135 D.B. 89
StatusPublished

This text of 22 Pa. D. & C.4th 513 (In re Anonymous) 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, 22 Pa. D. & C.4th 513, 1994 Pa. LEXIS 940 (Pa. 1994).

Opinion

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

SCHILLER, 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 this honorable court with respect to the above-captioned petitions for discipline.

I. HISTORY OF PROCEEDINGS

The Supreme Court of Pennsylvania issued an order on October 18, 1984, 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 August 10, 1984 conviction in the United States District Court for the [ ] District of Pennsylvania on charges of one count of conspiracy to distribute heroin in violation of 21 U.S.C. §846; one count of conspiracy to distribute cocaine, methaqualone and marijuana, in violation of 21 U.S.C. §846 [514]*514and six counts of unlawful use of a communication facility (telephone) in violation of 21 U.S.C. §843(b). The order further directed that respondent comply with Pa.R.D.E. 217, and, pursuant to Pa.R.D.E. 214(f), referred the matter to the Disciplinary Board for the institution of a formal disciplinary proceeding at which the sole issue to be determined is the final discipline to be imposed.

On September 20, 1984, the Honorable [A], District Judge, sentenced respondent to a term of 54 years of imprisonment.

On March 29, 1985, the Office of Disciplinary Counsel filed with the Disciplinary Board a petition for discipline docketed at no. 89 D.B. 84.

On direct appeal, the Third Circuit Court of Appeals, by opinion dated January 6,1986, reversed respondent’s convictions and remanded the case to the district court for retrial.

Following the Third Circuit Court of Appeals reversal of respondent’s convictions, the Supreme Court of Pennsylvania, by order dated March 27, 1986, reinstated respondent to the practice of law pursuant to Pa.R.D.E. 214(h).

By “application for withdrawal of petition for discipline” filed with the board secretary on April 21, 1986, the Office of Disciplinary Counsel requested that the petition for discipline be withdrawn without prejudice to the Office of Disciplinary Counsel’s right to file a new petition for discipline in the event that respondent were retried and again convicted.

John M. Elliott, then Chairman to the Disciplinary Board, granted, by order dated May 22, 1986, the application for withdrawal of petition for discipline without prejudice to petitioner’s right to file a new petition [515]*515for discipline at a new docket number in the event that respondent was retried and again convicted.

On July 7, 1986, pursuant to 28 U.S.C. §§144 and 455(a), respondent filed a motion with the district court seeking to recuse Judge [A] from his retrial. In support of his motion, respondent, his sister, [B] and his brother, [C] signed and filed notarized sworn affidavits falsely representing that Judge [A] physically struck respondent while respondent was testifying. In addition, respondent’s affidavit falsely alleged that Judge [A] chased respondent around the courtroom. Judge [A] refused to recuse himself. However, pursuant to 28 U.S.C. § 144, Judge [A] referred the matter to another judge.

Respondent was retried before District Court Judge [D] and a jury, and on November 18, 1986, the jury convicted respondent of three counts of using an interstate communication facility (telephone) to facilitate a conspiracy to distribute controlled substances, in violation of 21 U.S.C. §843(b). Respondent was also convicted of aiding and abetting, in violation of 18 U.S.C. §2, in connection with one count of facilitation.

On December 15, 1986, respondent was sentenced to a total term of 10 years of imprisonment.

Respondent filed a direct appeal of his convictions, which was denied by the Third Circuit Court of Appeals by order dated June 21, 1988.

The Supreme Court of Pennsylvania, by order dated March 6, 1987, placed respondent on temporary suspension from the practice of law in the Commonwealth of Pennsylvania pursuant to Pa.R.D.E. 214(d)(2). The order also directed respondent to comply with Pa.R.D.E. 217, and it referred the matter to the Disciplinary Board, pursuant to Pa.R.D.E. 214(f).

[516]*516On December 7, 1988, the Office of the Disciplinary Counsel filed a petition for discipline (docketed at no. 18 D.B. 87) with the secretary of the Disciplinary Board. On December 13, 1988, respondent was served with the petition for discipline.

On April 13, 1988, respondent, and two of his siblings were indicted in a matter captioned United States of America v. [respondent], [C] and [B], Criminal no. [ ], in connection with their sworn false affidavits in support of respondent’s motion seeking Judge [A’s] recusal.

On August 4, 1989, a jury convicted respondent of making false statements to a federal agency, in violation of 18 U.S.C. §1001, and corruptly endeavoring to influence, obstruct and impede the due administration of justice, in violation of 18 U.S.C. §1503. The jury found respondent not guilty of conspiracy. Co-defendants [C] and [B] were both convicted of making false statements to a federal agency and corruptly endeavoring to influence due administration of justice. Co-defendant [B1 was also convicted of perjury, in violation of 18 U.S.C. §1621(1).

Respondent failed to report his convictions at no. [ ] to the secretary of the Disciplinary Board within 20 days of sentencing, in violation of Pa.R.D.E. 214(a).

In response to respondent’s convictions for the crimes of making false statements to a federal agency and endeavoring to obstruct justice, the Pennsylvania Supreme Court, by order dated December 8,1989, referred the convictions to the Disciplinary Board pursuant to Pa.R.D.E. 214(f).

On January 24, 1990, the Office of Disciplinary Counsel filed a petition for discipline, docketed at 135 D.B. 89 by the board’s secretary. On March 12, 1990, re[517]*517spondent was served with the petition for discipline filed at 135 D.B. 89.

By cover letter dated April 5, 1990, respondent filed with the secretary of the Disciplinary Board a motion for consolidation of both petitions for discipline.

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22 Pa. D. & C.4th 513, 1994 Pa. LEXIS 940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-anonymous-pa-1994.