In Re Reinstatement of Watkins

849 So. 2d 843, 2002 WL 1767551
CourtMississippi Supreme Court
DecidedAugust 1, 2002
Docket2001-BR-01894-SCT
StatusPublished
Cited by4 cases

This text of 849 So. 2d 843 (In Re Reinstatement of Watkins) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Reinstatement of Watkins, 849 So. 2d 843, 2002 WL 1767551 (Mich. 2002).

Opinion

849 So.2d 843 (2002)

The Matter of the Petition for REINSTATEMENT to the Practice of Law OF William F. WATKINS.

No. 2001-BR-01894-SCT.

Supreme Court of Mississippi.

August 1, 2002.

Thomas M. Murphree, Jr., attorney for appellant.

Michael B. Martz, attorney for appellee.

EN BANC.

*844 SMITH, P.J., for the Court.

¶ 1. William F. Watkins was disbarred on November 6, 1991, following his pleading guilty to three felony counts of financial institution fraud and making false statements to influence the actions of a federally insured financial institution. Watkins has now petitioned the Mississippi Bar for reinstatement. The Mississippi Bar opposes his reinstatement.

FACTS

¶ 2. In 1991, William F. Watkins pled guilty to three counts of a six-count indictment in the U.S. District Court for the Eastern District of Louisiana for financial institution fraud and making false statements to influence the actions of a federally insured financial institution. His fraudulent transactions were extensions of his oil and gas exploration and production business in South Mississippi during the 1980s. Watkins was fined $10,000 and sentenced to spend six months in a halfway house. He was also ordered to pay restitution in the amount of $27,174.54 to Southeast National Bank of Hammond, Louisiana, and $107,335.00 to Pelican Homestead of Metairie, Louisiana, and he had to pay a mandatory assessment of $150.00. In addition, Watkins was required to perform 300 hours of community service, obtain approval from a probation officer before incurring new or additional credit, to provide a financial statement to the probation officer twice a year, and to report to the probation officer any transaction involving the sale of personal, familial, or business property. On November 6, 1991, this Court entered an order disbarring Watkins from membership in the Mississippi Bar and removed his privilege to practice law in Mississippi. Watkins v. Miss. Bar, 589 So.2d 660 (Miss.1991). Watkins complied with his sentence, paying the $10,000 dollar fine in full, spending time in halfway houses in Jackson and New Orleans, and completed his community service requirements. Watkins has paid the following restitution: $7,500.00 to Deposit Guaranty National Bank (now AmSouth Bank), $999.49 to First Bank of McComb, and $27,174.54 to Southeast National. The point of contention between Watkins and the Bar is whether he has paid Pelican Homestead Bank its full amount of restitution.

¶ 3. Pelican Homestead extended a line of credit in the amount of $135,000.00 to Watkins in 1983, and this line of credit is the main portion of the financial dealings that led to Watkins's criminal indictment and disbarment. Following his conviction, Watkins was ordered to pay restitution to Pelican Homestead in the amount of $107,335.00. However, he only paid Pelican Homestead $10,000.00 before the Bank became insolvent and was taken over by the Federal Deposit Insurance Corporation (FDIC).

¶ 4. On July 7, 1999, Watkins and the FDIC entered into an agreed compromise and settlement reducing Watkins's obligation to Pelican Homestead to $35,000.00. On July 12, 1999, the United States District Court for the Eastern District of Louisiana entered an Amended Judgment and Commitment Order amending that court's June 13, 1991, order to read "the defendant is to make restitution to the Federal Deposit Insurance Corporation to be paid in a single lump sum payment of $35,000.00 in the form of a cashier's check payable to the United States Department of Justice, within 45 days following entry of this order, or on August 23 1999, whichever date is later." This amount was paid by Watkins on August 23, 1999. Watkins's reasoning behind this settlement was that he never received credit for the amount realized by the bank on the oil and gas production fields that the bank received *845 when he defaulted on the loan; and therefore, the actual amount lost by the bank was significantly less than $107,335.00. The main issues in this case are whether the settlement agreement reached with the FDIC constitutes full restitution to a person or entity that was harmed by Watkins's wrongful conduct, and whether he still must pay the $97,335.00 (now $62,335.00) to Pelican Homestead.

¶ 5. Watkins's petition for reinstatement includes over thirty letters of recommendation from members of the Bar, residents of Pike County, the President of Southwest Community College, teachers at South Pike High School, and former South Pike High School Moot Court team members. Those letters detail Watkins's involvement in the community since his disbarment. One of the instances cited as evincing a rehabilitated moral character is Watkins's involvement with the South Pike High School Mock Trial team from 1991 to 1993. During his involvement with this team, he helped them to finish second in the state his first year, third in the nation at the national competition his second year, and to win the national championship his third year. Another community service that Watkins's petition points to is his involvement with the McComb Interdenominational Care Association's (MICA) Food Pantry. He notes to his increased involvement over the years with MICA, moving from financial contribution, to stocking food and preparing meals, to delivering firewood to the needy of Pike County. Those are the only two community involvements that Watkins cites to as evidencing a rehabilitated character.

¶ 6. The Court has also received two unsolicited letters opposing Watkins's reinstatement to the Bar, but those letters concern dealings between Watkins and his family members that occurred before he was disbarred. Since the opposing letters are not relevant to the question of whether Watkins has rehabilitated himself, this Court will not rule on the merits of those accusations.

BAR'S POSITION

¶ 7. The Mississippi Bar opposes Watkins's petition because it believes he has failed to demonstrate that he has met the necessary prerequisites for reinstatement: (1) he has not made full amends and restitution; and, (2) he has not demonstrated the requisite moral character to be reinstated.

STANDARD OF REVIEW

¶ 8. The standard of review in cases of attorney reinstatement to the bar is well settled:

The Supreme Court of Mississippi (the Court) has exclusive and inherent jurisdiction of matters pertaining to attorney discipline, reinstatement, and appointment of receivers for suspended and disbarred attorneys. When reviewing disciplinary matters this Court reviews the evidence de novo, on a case-by-case basis sitting as triers of fact.

In re Smith, 758 So.2d 396, 397 (Miss.1999) citing In re Pace, 699 So.2d 593, 595 (Miss. 1997).

DISCUSSION

¶ 9. The requirements for petitions for reinstatement to the Bar are:

All reinstatement petitions shall be addressed to the Court, shall state the cause or causes for suspension or disbarment, give the names and current addresses of all persons, parties, firms, or legal entities who suffered pecuniary loss due to the improper conduct, the making of full amends and restitution, the reasons justifying reinstatement, and requisite moral character and legal learning to be reinstated to the privilege *846 of practicing law. Upon filing, the petition shall be served on, and an investigatory fee $500.00 shall be paid to the Bar, same to be in addition to any other sum due the Bar, or persons injured by the petitioner's improper conduct. The matters set out in this paragraph shall be jurisdictional.

Miss. R. Discipline. 12.7.

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Related

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Mississippi Supreme Court, 2019
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Cite This Page — Counsel Stack

Bluebook (online)
849 So. 2d 843, 2002 WL 1767551, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-reinstatement-of-watkins-miss-2002.