In re Valentino

68 Pa. D. & C.4th 552, 2004 Pa. LEXIS 3403
CourtSupreme Court of Pennsylvania
DecidedApril 27, 2004
DocketDisciplinary Board Docket no. 26 D.B. 1997
StatusPublished

This text of 68 Pa. D. & C.4th 552 (In re Valentino) 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 Valentino, 68 Pa. D. & C.4th 552, 2004 Pa. LEXIS 3403 (Pa. 2004).

Opinion

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

SAIDIS, Member,

— Pursuant to Rule 218(c)(5) of the Pennsylvania Rules of Disciplinary Enforcement, the Disciplinary Board of the Supreme Court of Pennsylvania submits its findings and recommendations to your honorable court with respect to the above-captioned petition for reinstatement.

I. HISTORY OF PROCEEDINGS

Petitioner, Philip A. Valentino Jr., filed a petition for reinstatement to the bar of Pennsylvania on September 17, 2002. By opinion of the Supreme Court of Pennsylvania decided May 20, 1999, petitioner was suspended [554]*554from the practice of law for a period of five years retroactive to February 24, 1997.

A reinstatement hearing was held on April 22, 2003, before Hearing Committee 1.01 comprised of Chair Alice Beck Dubow, Esquire, and Members Stewart L. Cohen, Esquire, and Leon W. Tucker, Esquire. Petitioner was represented by James C. Schwartzman, Esquire. Petitioner offered his own testimony and nine witnesses. The reinstatement petition was made part of the record.

Following the submission of briefs by the parties, the Hearing Committee filed a report on January 12, 2004, and recommended that the petition for reinstatement be denied.

On February 2,2004, petitioner filed a brief on exceptions and a request for oral argument before a three-member panel of the Disciplinary Board.

On February 19, 2004, Office of Disciplinary Counsel filed a brief opposing exceptions.

On February 25,2004, petitioner withdrew his request for oral argument.

This matter was adjudicated by the Disciplinary Board at the meeting of March 10, 2004.

II. FINDINGS OF FACT

The board makes the following findings of fact:

(1) Petitioner is Philip A. Valentino Jr. He was born in 1957 and was admitted to the practice of law in Pennsylvania in 1983. His current address is 1064 Temperance Lane, Richboro, PA 18954.

(2) Petitioner was suspended from the practice of law for five years, retroactive to February 24,1997, by opin[555]*555ion of the Supreme Court of Pennsylvania entered May 20, 1999.

(3) Between 1987 and 1996, petitioner engaged in several instances of fraud by submitting medical records, in several arbitration matters, that petitioner knew to be fraudulent. The medical records showed treatment on dates when no treatment had occurred. The petitioner settled the cases with the insurance carriers who made settlement payments to the petitioner.

(4) Of the five client matters, three clients had not sought immediate medical treatment and the fraudulent medical records were intended to make it appear that treatment had been sought promptly after the accident.

(5) These three instances were cases which petitioner voluntarily made known to the United States Attorney’s office.

(6) The fourth case involved the petitioner’s mother who was the plaintiff in a personal injury action for slip and fall. Mrs. Valentino was a client whose medical bills were fraudulently submitted.

(7) Afifth case, which formed the basis of petitioner’s conviction, involved a personal injury action by his wife where she recovered a settlement check in the amount of $3,000.

(8) In 1996, petitioner’s mother was subpoenaed to testify about her medical care that was the subject of the fraudulent documents.

(9) Petitioner, acting as his mother’s attorney, advised his mother to give false testimony to the grand jury, and she did so.

(10) Realizing the seriousness of the situation, petitioner immediately contacted his own attorney and had [556]*556the incorrect testimony corrected. To protect his mother from a perjury prosecution, petitioner admitted his involvement in the scheme and volunteered information about other cases in which plaintiff submitted false medical bills.

(11) In November 1996, petitioner entered a plea of guilty to one count of mail fraud.

(12) Petitioner was sentenced to three years of probation, with the first 12 months on home confinement, and was ordered to pay restitution in the amount of $21,800 and a fine of $5,000. At the time of sentencing, Judge Robert Kelly of the United States District Court for the Eastern District of Pennsylvania, ordered a downward departure from the sentencing guidelines. Judge Kelly also noted that petitioner’s subordination of perjury was a panic reaction, which was corrected.

(13) Petitioner filed a joint petition with the Office of Disciplinary Counsel requesting that he be placed on temporary suspension on January 20,1997.

(14) By order dated May 20,1999, the Supreme Court imposed a five-year suspension on petitioner, retroactive to February 24,1997. In its opinion the court stated: “We reach this conclusion based on the fact that respondent retained the moral sense to immediately perceive his serious wrongdoing and bring his malfeasance to the attention of the court. He not only cooperated with the authorities, but also volunteered information regarding additional impropriety. This in no way excuses respondent’s serious disciplinary violations but it demonstrates that he recognizes the grievous nature of his conduct and accepts responsibility for his actions. Moreover, we note that respondent has no prior disciplinary history and presented substantial evidence of good character.”

[557]*557(15) Petitioner paid his restitution in full and served his probation without incident.

(16) During the period of his suspension, petitioner managed and performed with his band, The Exceptions, who play on average of two to three times per week in the winter and four or five times per week during the summer.

(17) The band played approximately 12 to 15 charitable events each year during petitioner’s suspension, including events for the Variety Club, Children’s Miracle Network, Crime Night Out in Sea Isle City, NJ, Crime Night Out in Philadelphia and Camden, NJ, and Children’s Hospital of Philadelphia.

(18) At each of these charitable events, the band waived its nightly fee of $5,000 to $10,000.

(19) Petitioner did not practice law or hold himself out as an attorney during the period of his suspension.

(20) Petitioner has demonstrated sincere remorse for his misconduct. He has recognized his wrongdoing and accepted full responsibility.

(21) Petitioner has learned from his experience and understands what it means to let down his family, friends and colleagues in the law and he is determined not to repeat his mistakes.

(22) Petitioner has maintained the requisite legal knowledge for reinstatement by attending the required number of continuing legal education courses mandated for reinstatement and by reading various legal journals, such as the Legal Intelligencer.

(23) If reinstated, petitioner intends to practice entertainment law with some areas of a general practice, such as real estate and civil litigation.

[558]*558(24) Nine character witnesses testified on petitioner’s behalf. These witnesses testified that petitioner had a very good reputation for being a truthful, honest and law-abiding person and his misconduct was an aberration.

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68 Pa. D. & C.4th 552, 2004 Pa. LEXIS 3403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-valentino-pa-2004.