In the Matter of David P. Rachel

304 Ga. 826

• Court: Supreme Court of Georgia
• Decided: December 10, 2018
• Docket: S19Y0258
• Status: Published

Opinion

304 Ga. 826 FINAL COPY

S19Y0258. IN THE MATTER OF DAVID P. RACHEL.

PER CURIAM.

This disciplinary matter is before the Court on the report of Special Master

Daniel S. Reinhardt, who recommends the disbarment of David P. Rachel (State

Bar No. 591601), a member of the State Bar since 2003. This matter arose from

Rachel’s conviction, in the United States District Court for the District of

Arizona, for one count of conspiracy and 12 counts of money laundering. In a

prior appearance of this matter, this Court accepted Rachel’s earlier petition for

voluntary discipline, suspending him until further order of this Court, pending

his appeal of his federal convictions. In the Matter of Rachel, 297 Ga. 279 (773

SE2d 246) (2015). As recounted by the special master, that appeal has now

concluded, as Rachel’s convictions were affirmed by the United States Court of

Appeals for the Ninth Circuit and as his petition for certiorari review was denied

by the United States Supreme Court. As noted in this Court’s prior opinion in this matter, Rachel acknowledged in his petition for voluntary discipline that his

convictions constituted a violation of Bar Rule 8.4 (a) (2), the maximum

sanction for a violation of which is disbarment.

Following the conclusion of Rachel’s appellate proceedings, the State Bar

moved for the appointment of a special master and for a hearing to be set on the

matter. The Bar unsuccessfully attempted personal service on Rachel of a notice

regarding the appointment of the special master and the setting of a hearing and

then perfected service via publication. Rachel did not appear at the hearing on

this matter, but the Bar presented argument and introduced evidence, on the

basis of which the special master concluded that, in light of the conclusion of

Rachel’s federal criminal appeal, he stood in violation of Rule 8.4 (a) (2), such

that disbarment was appropriate. See In the Matter of Houser, 299 Ga. 284,

285-286 (787 SE2d 689) (2016).

Having reviewed the record, we conclude that disbarment is the

appropriate sanction in these matters. Accordingly, it is hereby ordered that the

name of David P. Rachel be removed from the rolls of persons authorized to

practice law in the State of Georgia. Rachel is reminded of his duties pursuant

to Bar Rule 4-219 (c).

2 Disbarred. All the Justices concur.

Decided December 10, 2018.

Disbarment.

Paula J. Frederick, General Counsel State Bar, Jenny K. Mittelman,

William J. Cobb, Assistant General Counsel State Bar, for State Bar of Georgia.