Office of Disciplinary Counsel v. Obod

65 Pa. D. & C.4th 112
CourtSupreme Court of Pennsylvania
DecidedNovember 21, 2002
DocketDisciplinary Board Docket, no. 37 D.B. 2001
StatusPublished

This text of 65 Pa. D. & C.4th 112 (Office of Disciplinary Counsel v. Obod) 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
Office of Disciplinary Counsel v. Obod, 65 Pa. D. & C.4th 112 (Pa. 2002).

Opinion

HALPERN, Member,

Pursuant to Rule 208(d)(2)(iii) of the Pennsylvania Rules of Disciplinary Enforcement, the Disciplinary Board of the Supreme Court of Pennsylvania herewith submits its findings and recommendations to your honorable court with respect to the above-captioned petition for discipline.

I. HISTORY OF PROCEEDINGS

By order dated March 19,2001, the Supreme Court of Pennsylvania temporarily suspended Ramon R. Obod, respondent, from the practice of law. This suspension was the result of a guilty plea in the United States District Court for the Eastern District of Pennsylvania to the crime of false statements pursuant to 18 U.S.C. §1001. Office of Disciplinary Counsel, petitioner, filed a petition for discipline against respondent on April 10, 2001. Respondent filed an answer to petition for discipline on June 4, 2001.

[114]*114A disciplinary hearing was held on October 3, 2001, before Hearing Committee 1.20 comprised of Chair Brian E. Quinn, Esquire, and Members Leigh Michael Skipper, Esquire, and Kelley A. Grady, Esquire. James C. Schwartzman, Esquire, represented respondent. Raymond S. Wierciszewski, Esquire, represented petitioner. A joint stipulation of fact and law was admitted as part of the record. Respondent testified on his own behalf and presented six witnesses.

After briefing by the parties, the Hearing Committee filed a report on April 24, 2002, and recommended that respondent be suspended from the practice of law for a period of one year retroactive to March 19, 2001.

Respondent filed a brief on exceptions on May 9, 2002. Petitioner filed a brief opposing exceptions on May 20,2002.

This matter was adjudicated by the Disciplinary Board at the meeting of June 12, 2002.

n. FINDINGS OF FACT

The board makes the following findings of fact:

(1) Petitioner, whose principal office was located at Suite 3710, One Oxford Centre, Pittsburgh, Pennsylvania, is vested pursuant to Rule 207 of the Pennsylvania Rules of Disciplinary Enforcement, with the power and duty to investigate all matters involving alleged misconduct of any attorney admitted to practice law in the Commonwealth of Pennsylvania and to prosecute all disciplinary proceedings brought in accordance with the various provisions of said Rules of Disciplinary Enforcement.

(2) Respondent was bom in 1934 and was admitted to practice law in Pennsylvania in 1959. His last registered address for the practice of law was 2000 Market Street, [115]*11510th Floor, Philadelphia, PA 19103. Respondent is subject to the disciplinary jurisdiction of the Disciplinary Board of the Supreme Court.

(3) Respondent has not practiced law since July 2000, when, after resigning from his law partnership with Fox, Rothschild, and arranging for his clients to be transferred to other attorneys, he voluntarily ceased the practice of law.

(4) On July 7,2000, the United States Attorney for the Eastern District of Pennsylvania filed in the United States District Court for the Eastern District of Pennsylvania an information under criminal number 00-CR396-1, charging respondent with one count of false statement.

(5) On July 27,2000, respondent pleaded guilty to the information which charged one count of making a false statement pursuant to 18 U.S.C. §1001.

(6) On October 12, 2000, Judge J. Curtis Joyner sentenced respondent to probation for a period of 18 months, 500 hours of community service, a $5,000 fine, and a $100 special assessment. Respondent’s probation was terminated by order of the court on January 25, 2002.

(7) By order of March 19,2001, the Supreme Court of Pennsylvania temporarily suspended respondent and referred this matter to the Disciplinary Board.

(8) In 1996, by virtue of his representation of American Travelers Corporation, respondent learned that Conseco Inc. was negotiating to purchase Transport Holdings Inc. Respondent relied on that information to purchase 500 shares of Transport stock prior to the public announcement that Transport was to be acquired by Conseco, which had previously announced the proposed acquisition of Travelers. Respondent’s later sale of the Transport stock netted respondent a pre-tax profit of $9,400 and a post-tax profit of $5,000.

[116]*116(9) When the Securities and Exchange Commission questioned respondent concerning his transactions, respondent gave a materially false statement by failing to disclose the fact that he had been provided information by a representative of Travelers who had personal knowledge of ongoing negotiations for the acquisition of Transport.

(10) At the time respondent spoke to the SEC investigator about his purchase of the Transport stock, he knew that his failure to disclose all of the details of the purchase was wrong and that he had made a terrible mistake.

(11) Respondent subsequently retained counsel who contacted the SEC in an effort to rectify the situation.

(12) After receiving a letter of inquiry from the SEC, respondent advised the managing partner of his law firm of the situation, who then informed the firm’s management committee.

(13) In May of 1999, the SEC and respondent entered into a consent decree to avoid the possibility of any civil action.

(14) In June of 2000, respondent entered into an agreement with Fox, Rothschild wherein he resigned from his partnership on June 30,2000. On July 14,2000, respondent sent letters to all of his clients informing them that he had resigned and was no longer engaged in the practice of law.

(15) Respondent has not engaged in the practice of law and has had no direct contact with clients since on or before July 31, 2000. He has performed limited non-legal consulting work for two clients and advised them of his status as a non-lawyer.

[117]*117(16) Respondent has practiced law since 1959. He concentrated in the areas of business and corporate law.

(17) During his career of over 40 years, prior to his temporary suspension, respondent was a highly respected member of the legal and non-legal communities as evidenced by the numerous character letters submitted and testimony received. A total of 46 character letters were admitted into evidence.

(18) Over the years, respondent has participated in many civic and charitable activities. He has been involved as a member of the board of directors of the Jewish Exponent, the Philadelphia Geriatric Center, the Philadelphia Child Guidance Center and the International House of Philadelphia.

(19) Respondent has no prior record of discipline.

(20) Respondent displayed sincere remorse for his misconduct.

m. CONCLUSIONS OF LAW

By his conduct as set forth above, respondent violated the following Rules of Disciplinary Enforcement and Rules of Professional Conduct:

(1) Pa.R.D.E. 203(b)(1) — Conviction of a crime, which under Enforcement Rule 214 may result in suspension, shall be grounds for discipline.

(2) R.P.C.

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

Related

Office of Disciplinary Counsel v. Eilberg
441 A.2d 1193 (Supreme Court of Pennsylvania, 1982)
Office of Disciplinary Counsel v. Lucarini
472 A.2d 186 (Supreme Court of Pennsylvania, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
65 Pa. D. & C.4th 112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/office-of-disciplinary-counsel-v-obod-pa-2002.