ATTORNEY DISCIPLINARY PROCEEDINGS
JjPER CURIAM.
This attorney disciplinary proceeding arises from two counts of formal charges instituted by the Office of Disciplinary Counsel (“ODC”) against respondent, Walter Glenn Soileau, an attorney licensed to practice law in the State of Louisiana.
UNDERLYING FACTS
On October 9, 1997, respondent entered a plea of guilty in the United States District Court for the Western District of Louisiana to three Class B misdemeanor hunting violations under the Migratory Bird Treaty Act, 16 U.S.C. § 703. At his sentencing hearing, respondent testified under oath he had one prior conviction in 1987 under the Migratory Bird Treaty Act and had been sentenced to six months probation. He maintained the presiding judge had “thrown out” the three related charges. The government disputed respondent’s statement based on the unofficial computer records of the U.S. Fish and Wildlife Service, which showed respondent in fact had four prior convictions under the Migratory Bird Treat Act and received a sentence for each conviction. In light of the dispute, the court continued the sentencing in order to retrieve, at respondent’s suggestion, all pertinent records and evidence pertaining to this issue. Subsequently, the court received the 1987 records which indicated respondent pled guilty on March 27, 1987 to four violations of the Migratory Bird Treaty Act (rather than one count as respondent had stated) and received a fíne for each count, as well as one year probation (not six months, as respondent asserted).
After considering all of these factors, the federal magistrate judge sentenced respondent to a six month imprisonment term followed by a five year probationary period with | conditions, the maximum penalty for a Class B misdemeanor.1 In imposing her sentence, the judge considered, among other things, the severity of the underlying charges and respondent’s prior criminal record. She further concluded respondent “intentionally meant to mislead the Court” about his prior criminal convictions.2 After requesting a dismissal of his appeal, the respondent served his prison sentence in the custody of the U.S. Bureau of Prisons. Respondent failed to report the conviction to the attorney disciplinary board.
[25]*25DISCIPLINARY PROCEEDINGS
On February 20, 1998, the respondent was placed on interim suspension pursuant to Supreme Court Rule XIX, § 19E based on his criminal conviction which adversely reflected on his fitness to practice law. In re: Soileau, 97-3157 (La.2/20/98), 705 So.2d 1083.3 On the same day, the ODC instituted formal charges. The first count, which stemmed from the respondent’s criminal conviction and failure to report his misconduct, alleged violations of Rules 8.3(a) and 8.4(a)(b)4 of | sthe Rules of Professional Conduct. The second count resulted from respondent’s misstatement of facts during his federal sentencing hearing and alleged violations of Rules 3.3 and 8.4(c)(d)5.
Respondent filed an answer admitting to the alleged misconduct. However, as to the misstatements of fact, he denied intentionally misleading the court. He stated that at the time of the sentencing hearing, he did not accurately recollect what had happened ten years before. He pointed out he requested the sentencing judge to make the record of his 1987 criminal charges part of the proceedings, demon-strafing he was not attempting to mislead the court.
In lieu of conducting a formal hearing, the parties filed a joint stipulation of facts and the matter was submitted on documentary evidence. In its memorandum, the ODC contended the respondent’s pattern of repeated offenses was indicative of respondent’s indifference to legal obligations and should serve as a “red flag warning that respondent may lack the moral fitness to properly fulfill his professional responsibilities.” It further recognized that, due to the adverse publicity, respondent has “shown that he has no concern for the standing of the legal profession in the eyes of the public.” After noting the presence of several aggravating and mitigating factors6, the ODC recommended a substantial period of suspension be imposed.
1 ¿Hearing Committee Report
The hearing committee concluded the ODC proved the formal charges asserted against respondent by clear and convincing evidence. As to the first count involving the conviction, the committee recognized [26]*26the respondent had a history of failing to comply with hunting laws which resulted in prior criminal convictions. It found the federal court undoubtedly took this recidivism into account in imposing sentence.
The committee determined the second count of the formal charges was of greater concern and that the “transcribed exchange with the court was disturbing, as was respondent’s failure to correct his misstatements when he learned later that day how mistaken he was.” It concluded the misstatements were “at best conveniently negligent, and at worst intentional,” but ultimately, it gave respondent “the benefit of very small doubt.” In finding that the misstatements were not intentional it found it was unable to believe that an attorney, in the face of federal court records, would deny previous convictions unless he truly believed what he was saying. It noted the determining factor was respondent’s request to make his prior criminal records part of the recent criminal proceedings.
Based on its findings, the committee recommended respondent be suspended from the practice of law for a period equal to his interim suspension.
Disciplinary Board Report
The disciplinary board concurred in the findings of the hearing committee that the charges were proven by clear and convincing evidence. However, it deviated from the committee’s findings insofar as the board concluded respondent’s misstatements were intentional. While noting the committee had expressed its difficulty in ascertaining whether the misstatements were intentional or negligent through the use of documents alone, the board deferred to the federal judge’s findings that the statements were intentional because she was the “trier of fact and who saw and heard the witnesses and ... was in the best position to determine the credibility of respondent.”7 While the aboard noted the committee erred when it gave respondent “the benefit of a very small doubt” and concluded the statements were merely negligent, it also determined that the hearing committee’s recommendation “would result in respondent being treated too leniently in light of the serious misconduct with law enforcement and the court as evidenced by his federal proceedings.” Relying on the ABA Standards for Imposing Lawyer Sanctions8 and jurisprudence [27]*27from this court, the board recommended that respondent be suspended from the practice of law for a period of two years, with one year deferred, followed by a two year period of supervised probation. As to conditions of probation, the board recommended the respondent be required to enroll in the Lawyer’s Assistance Program and fully comply with the terms of that program, as well as be assessed with all costs.
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ATTORNEY DISCIPLINARY PROCEEDINGS
JjPER CURIAM.
This attorney disciplinary proceeding arises from two counts of formal charges instituted by the Office of Disciplinary Counsel (“ODC”) against respondent, Walter Glenn Soileau, an attorney licensed to practice law in the State of Louisiana.
UNDERLYING FACTS
On October 9, 1997, respondent entered a plea of guilty in the United States District Court for the Western District of Louisiana to three Class B misdemeanor hunting violations under the Migratory Bird Treaty Act, 16 U.S.C. § 703. At his sentencing hearing, respondent testified under oath he had one prior conviction in 1987 under the Migratory Bird Treaty Act and had been sentenced to six months probation. He maintained the presiding judge had “thrown out” the three related charges. The government disputed respondent’s statement based on the unofficial computer records of the U.S. Fish and Wildlife Service, which showed respondent in fact had four prior convictions under the Migratory Bird Treat Act and received a sentence for each conviction. In light of the dispute, the court continued the sentencing in order to retrieve, at respondent’s suggestion, all pertinent records and evidence pertaining to this issue. Subsequently, the court received the 1987 records which indicated respondent pled guilty on March 27, 1987 to four violations of the Migratory Bird Treaty Act (rather than one count as respondent had stated) and received a fíne for each count, as well as one year probation (not six months, as respondent asserted).
After considering all of these factors, the federal magistrate judge sentenced respondent to a six month imprisonment term followed by a five year probationary period with | conditions, the maximum penalty for a Class B misdemeanor.1 In imposing her sentence, the judge considered, among other things, the severity of the underlying charges and respondent’s prior criminal record. She further concluded respondent “intentionally meant to mislead the Court” about his prior criminal convictions.2 After requesting a dismissal of his appeal, the respondent served his prison sentence in the custody of the U.S. Bureau of Prisons. Respondent failed to report the conviction to the attorney disciplinary board.
[25]*25DISCIPLINARY PROCEEDINGS
On February 20, 1998, the respondent was placed on interim suspension pursuant to Supreme Court Rule XIX, § 19E based on his criminal conviction which adversely reflected on his fitness to practice law. In re: Soileau, 97-3157 (La.2/20/98), 705 So.2d 1083.3 On the same day, the ODC instituted formal charges. The first count, which stemmed from the respondent’s criminal conviction and failure to report his misconduct, alleged violations of Rules 8.3(a) and 8.4(a)(b)4 of | sthe Rules of Professional Conduct. The second count resulted from respondent’s misstatement of facts during his federal sentencing hearing and alleged violations of Rules 3.3 and 8.4(c)(d)5.
Respondent filed an answer admitting to the alleged misconduct. However, as to the misstatements of fact, he denied intentionally misleading the court. He stated that at the time of the sentencing hearing, he did not accurately recollect what had happened ten years before. He pointed out he requested the sentencing judge to make the record of his 1987 criminal charges part of the proceedings, demon-strafing he was not attempting to mislead the court.
In lieu of conducting a formal hearing, the parties filed a joint stipulation of facts and the matter was submitted on documentary evidence. In its memorandum, the ODC contended the respondent’s pattern of repeated offenses was indicative of respondent’s indifference to legal obligations and should serve as a “red flag warning that respondent may lack the moral fitness to properly fulfill his professional responsibilities.” It further recognized that, due to the adverse publicity, respondent has “shown that he has no concern for the standing of the legal profession in the eyes of the public.” After noting the presence of several aggravating and mitigating factors6, the ODC recommended a substantial period of suspension be imposed.
1 ¿Hearing Committee Report
The hearing committee concluded the ODC proved the formal charges asserted against respondent by clear and convincing evidence. As to the first count involving the conviction, the committee recognized [26]*26the respondent had a history of failing to comply with hunting laws which resulted in prior criminal convictions. It found the federal court undoubtedly took this recidivism into account in imposing sentence.
The committee determined the second count of the formal charges was of greater concern and that the “transcribed exchange with the court was disturbing, as was respondent’s failure to correct his misstatements when he learned later that day how mistaken he was.” It concluded the misstatements were “at best conveniently negligent, and at worst intentional,” but ultimately, it gave respondent “the benefit of very small doubt.” In finding that the misstatements were not intentional it found it was unable to believe that an attorney, in the face of federal court records, would deny previous convictions unless he truly believed what he was saying. It noted the determining factor was respondent’s request to make his prior criminal records part of the recent criminal proceedings.
Based on its findings, the committee recommended respondent be suspended from the practice of law for a period equal to his interim suspension.
Disciplinary Board Report
The disciplinary board concurred in the findings of the hearing committee that the charges were proven by clear and convincing evidence. However, it deviated from the committee’s findings insofar as the board concluded respondent’s misstatements were intentional. While noting the committee had expressed its difficulty in ascertaining whether the misstatements were intentional or negligent through the use of documents alone, the board deferred to the federal judge’s findings that the statements were intentional because she was the “trier of fact and who saw and heard the witnesses and ... was in the best position to determine the credibility of respondent.”7 While the aboard noted the committee erred when it gave respondent “the benefit of a very small doubt” and concluded the statements were merely negligent, it also determined that the hearing committee’s recommendation “would result in respondent being treated too leniently in light of the serious misconduct with law enforcement and the court as evidenced by his federal proceedings.” Relying on the ABA Standards for Imposing Lawyer Sanctions8 and jurisprudence [27]*27from this court, the board recommended that respondent be suspended from the practice of law for a period of two years, with one year deferred, followed by a two year period of supervised probation. As to conditions of probation, the board recommended the respondent be required to enroll in the Lawyer’s Assistance Program and fully comply with the terms of that program, as well as be assessed with all costs.
Respondent filed an objection to the disciplinary board’s recommendation in this court, and the matter was set for oral argument pursuant to Supreme Court Rule XIX, § 11(G)(1)(b).
DISCUSSION
Based on our review of the record, we conclude the ODC proved the formal charges by clear and convincing evidence. Respondent does not dispute his conviction for violation of the |fiMigratory Bird Treaty Act. Although this offense is a misdemeanor under federal law, the trial court sentenced respondent to the maximum penalty of imprisonment for six months, based on respondent’s prior criminal history and his misrepresentations during the sentencing hearing.9
Under these circumstances, we find the sanction recommended by the disciplinary board is appropriate. Accordingly, we will suspend respondent from the practice of law for a period of two years, with one year deferred, and with credit for the period of respondent’s interim suspension. Following completion of the active portion of this suspension, respondent shall be placed on supervised probation for a period of two years, with the special condition that he enroll in the Lawyer’s Assistance Program.
DECREE
Upon review of the findings and recommendation of the hearing committee and disciplinary board, and considering the record, briefs and oral argument, it is the decision of the court that Walter Glenn Soileau be suspended from the practice of law for a period of two years, with one year deferred, and with credit for the period of respondent’s interim suspension. Following completion of the active portion of this suspension, respondent shall be placed on supervised probation for a period of two years, with the special condition that he enroll in the Lawyer’s Assistance Program. All costs and expenses in this matter are assessed against respondent in accordance with Supreme Court Rule XIX, § 10.1.
Marcus, J. not on panel. Rule IV, Part II, § 3.