In re Weitzman

71 Pa. D. & C.4th 333, 2004 Pa. LEXIS 3400
CourtSupreme Court of Pennsylvania
DecidedSeptember 17, 2004
DocketDisciplinary Board Docket no. 24 D.B. 2000
StatusPublished

This text of 71 Pa. D. & C.4th 333 (In re Weitzman) 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 Weitzman, 71 Pa. D. & C.4th 333, 2004 Pa. LEXIS 3400 (Pa. 2004).

Opinion

SAIDIS, Member,

Pursuant to Rule 218(c)(5) of the Pennsylvania Rules of Disciplin[334]*334ary 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, Dean Ian Weitzman, filed a petition for reinstatement to the bar of Pennsylvania on March 20,2003. Petitioner was suspended for three years retroactive to March 13,2000, by order of the Supreme Court of Pennsylvania dated February 8, 2002.

A reinstatement hearing was held on August 11,2003, before Hearing Committee 1.10 comprised of Chair Luther E. Weaver III, Esquire, and Members Nancy B.G. Lassen, Esquire, and Robert A. Newman, Esquire. Petitioner was represented by John Rogers Carroll, Esquire.

Following the submission of briefs by the parties, the Hearing Committee filed a report on May 10,2004, and recommended that the petition for reinstatement be granted.

Office of Disciplinary Counsel filed a brief on exceptions on May 28,2004. Petitioner filed a brief opposing exceptions on June 25, 2004.

This matter was adjudicated by the Disciplinary Board at the meeting of July 17, 2004.

II. FINDINGS OF FACT

The board makes the following findings of fact:

(1) Petitioner is Dean Ian Weitzman. He was born in 1962 and was admitted to practice law in the Common[335]*335wealth in 1987. His current address is 1215 Gilbert Road, Meado wbrook, PA 19046.

(2)Petitioner was suspended from the practice of law for three years, retroactive to March 13, 2000, by order of the Supreme Court of Pennsylvania dated February 8, 2002.

(3) Petitioner was convicted in 1999 of three counts of attempt to evade or defeat tax, in violation of 26 U.S.C. §7201.

(4) Petitioner carried out his tax evasion scheme by receiving clients’ settlement checks and cashing them at a check cashing agency. He then deposited the proceeds into his private escrow account, wrote those clients checks from that escrow account, and kept the remaining cash for himself. He did not report or account for this income to his law firm partners.

(5) Petitioner was fined $30,000 and placed on probation for three years, with home detention and electronic monitoring for the first six months.

(6) Petitioner completed his criminal sentence and paid the $30,000 fine.

(7) Petitioner paid his entire tax debt to the City of Philadelphia of $40,000 as well as all back taxes owed to the Commonwealth.

(8) Petitioner’s original federal tax liability was approximately $198,000; however, by 2003, it had increased to about $400,000 due to interest and penalties.

(9) Petitioner borrowed $ 100,000 to make a down payment of his federal tax debt and has repaid $50,000 of this. He also paid another $35,000 to the IRS for total [336]*336payments to the IRS of $135,000 prior to offers of compromise.

(10) On his accountant’s advice, petitioner has not made any further payments pending consideration of his second offer in compromise. His first offer in compromise was refused in February 2001, and the second one was filed July 28,2003. This later offer anticipates a lump sum payment of $200,000 on a total debt of approximately $400,000.

(11) Petitioner submitted documentation in October 2003, consisting of a letter from Ivy Mortgage to petitioner, attaching a “good faith estimate” for a loan in the amount of $195,469.89, for the payment of the IRS debt, if the offer in compromise is accepted. He also submitted a letter from Buonomo & Associates, his accounting firm, confirming their efforts to have the offer in compromise approved.

(12) Petitioner has also paid down other indebtedness, including mortgage and credit card balances and is current with all his obligations but for the IRS and money he owes to Saul Langsam, Esquire.

(13) Mr. Langsam and petitioner have agreed that petitioner must repay his federal obligations before paying his debt to the law firm of Silvers & Langsam.

(14) After his suspension, petitioner initially worked for the Silvers & Langsam law firm as a law clerk. His current occupation at that firm consists of administering and maintaining the computer system and all matters related to information flow, such as case management and bookkeeping.

[337]*337(15) Petitioner fulfilled his Continuing Legal Education requirements for reinstatement. He reads the Legal Intelligencer, PA Law Quarterly and other periodicals on a frequent basis, as well as advance opinions.

(16) Petitioner is a recovering drug addict. This addiction was a causal factor in his misconduct, as petitioner proved in his underlying discipline case.

(17) Subsequent to the time that petitioner’s crime was discovered, he sought help for his drug addiction by receiving inpatient treatment at Father Martin’s Ashley, a rehabilitation center in Maryland. Petitioner then became associated with a lawyers’ therapy group facilitated by Dr. Richard Limoges, as well as a lawyers’ recovery group which met in Philadelphia every week.

(18) Petitioner attends on a regular basis meetings of Alcoholics Anonymous and Narcotics Anonymous, going to meetings four or five times per week for the last six years.

(19) Petitioner has been sober for more than six years without a relapse.

(20) Dr. Limoges testified at the reinstatement hearing. He is board certified in addiction medicine as well as psychiatry. Dr. Limoges began treating petitioner in 1997 and has seen him regularly for the past six years.

(21) Dr. Limoges’ current diagnosis is “chemical dependency in long-time stable remission.” Dr. Limoges opined that petitioner is able to be a fully functioning attorney at this time.

(22) Judge Robert Rebstock of the Court of Common Pleas of Philadelphia testified on petitioner’s behalf. He is petitioner’s Alcoholics Anonymous spon[338]*338sor. Judge Rebstock has known petitioner for approximately 12 years. Judge Rebstock meets with petitioner twice a week and has confidence in his mature dealings with his addiction and his continuing recovery. He observed that petitioner has dealt with his addiction forthrightly.

(23) Thomas J. Duffy, Esquire, knows petitioner through the lawyers’ recovery meeting for the last five years. He has observed that petitioner is a faithful participant in his recovery programs and would not bring disrepute to the bar if reinstated.

(24) Vincent Pileggi knows petitioner through Narcotics Anonymous and sees petitioner at least three times per week at meetings of that group. He believes petitioner is doing well in his recovery and is an active participant in his recovery programs.

(25) David Rapaport, Esquire, rents office space from the Langsam law firm and has employed petitioner as a part-time paralegal to do research and draft documents. Mr. Rapaport is impressed with petitioner’s legal abilities and has noticed a great improvement in petitioner’s attitude towards work since he became sober.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Philadelphia Newspapers, Inc. v. Disciplinary Board of Supreme Court
363 A.2d 779 (Supreme Court of Pennsylvania, 1976)

Cite This Page — Counsel Stack

Bluebook (online)
71 Pa. D. & C.4th 333, 2004 Pa. LEXIS 3400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-weitzman-pa-2004.