People v. Preblud

764 P.2d 822, 12 Brief Times Rptr. 1710, 1988 Colo. LEXIS 205, 1988 WL 125424
CourtSupreme Court of Colorado
DecidedNovember 28, 1988
Docket88SA137
StatusPublished
Cited by4 cases

This text of 764 P.2d 822 (People v. Preblud) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Preblud, 764 P.2d 822, 12 Brief Times Rptr. 1710, 1988 Colo. LEXIS 205, 1988 WL 125424 (Colo. 1988).

Opinions

LOHR, Justice.

The Disciplinary Prosecutor filed a formal complaint with the Supreme Court Grievance Committee charging the respondent, Arlan I. Preblud, with violating C.R. C.P. 241.6(1), (3), and (5) as well as DR 1-102(A)(1) and (3)1 based on his conviction in United States District Court of securities fraud, 15 U.S.C. § 78j(b) (1982). The respondent admitted the facts upon which those charges of professional misconduct were based. He also admitted that his misconduct established the charged violations. A hearing board recommended that the respondent be suspended from the practice of law for two years. A hearing panel agreed with the board’s findings and conclusions, but recommended that the respondent receive a suspension of one year and one day. The Disciplinary Prosecutor excepted to this recommendation, contending that it was unduly lenient. After consideration of the briefs and the record in this matter, we accept the findings and conclusions of the grievance committee. However, we determine that the appropriate discipline for the respondent’s professional misconduct is suspension from the practice of law for a period of three years and assessment of the costs of this grievance proceeding.

I.

Preblud was admitted to the Colorado bar on October 4,1966, and is registered as an attorney on the records of this court. He therefore is subject to the jurisdiction of this court and of the grievance committee in all matters relating to the practice of law. C.R.C.P. 241.1(b), 241.2. The following facts are summarized from the grievance committee’s findings. These findings are based on clear and convincing evidence, including the respondent’s stipulation, as presented to the grievance committee hearing board.

The respondent pleaded guilty and was convicted on May 23, 1987, in the United States District Court for the District of Colorado of one count of securities fraud, 15 U.S.C. § 78j(b) (1982).2 Securities fraud is a felony and therefore a serious crime as defined in C.R.C.P. 241.16(e). While the criminal charge was pending, the respondent voluntarily surrendered his license to practice law in January of 1986. In June 1986, after the respondent’s conviction, we ordered immediate suspension of his license. The United States District Court assessed a $10,000 fine against the respondent and sentenced him to two years imprisonment. Accordingly, the respondent was incarcerated in Leavenworth Prison from July 21, 1986, to July 31, 1987, and was placed in a halfway house in Denver from August 1, 1987, to December 24, 1987. He has been prohibited from practicing law since he first surrendered his license.

After the respondent was admitted to practice law in Colorado in 1966, he developed a successful high-volume domestic relations practice and conducted that practice with the same firm until 1980. He was experiencing professional “burn-out” and elected to make a fundamental career change. The respondent left the prjvate practice of law to accept an offer to perform personal legal work for four principals of OTCNet, a Denver penny-stock brokerage firm and underwriter. He knew very little about securities law and explained that fact to his employers.

The respondent’s employers devised a scheme to purchase secretly twenty percent of a new public stock offering being underwritten and managed by OTCNet. [824]*824Such a purchase, if undisclosed, constitutes securities fraud under the regulations of the United States Securities and Exchange Commission (SEC). To implement this scheme, the employers set up a Swiss affiliate and supplied $404,000 to an intermediary to accomplish the stock purchase. The scheme shortly resulted in $1,000,000 in gain for the employers through resale of the stock to other investors at the prevailing market price after the initial public offering had been completed.3

Preblud was involved indirectly in the fraudulent transaction. He was responsible for delivering the $404,000 in cashier’s checks to the intermediary. Although he did not know then that the money would be used for the clandestine purchase of a large portion of one of OTCNet’s new stock issues, he was concerned that the purpose of the investment was tax evasion. Thus, the respondent obtained a memorandum for his employers that concluded that United States income taxes would be due on any gains realized from their investments. After his employers resold the stock, the respondent became aware of the profits realized through the purchase and sale. Although the respondent, because of his limited knowledge of securities law, did not understand the full legal implications of the transactions, he did realize that the employers’ activities were improper. However, the respondent took no steps to determine whether his employers’ conduct violated the criminal laws nor did he confront his employers with his concerns about the scheme. Preblud’s felony conviction for securities fraud resulted from his involvement in these stock transactions.

II.

The hearing board received substantial evidence of the respondent’s remorse over his misconduct. Among the witnesses who testified was the Assistant United States Attorney, William Pharo, who prosecuted the criminal charge against Preblud. Pha-ro testified that the respondent exhibited more remorse over his misconduct than any other defendant Pharo had encountered in his fifteen years of state and federal prose-cutorial experience. Pharo also testified that, in his opinion, the respondent had learned his lesson and would not present a threat of future misconduct. A member of the law firm with whom the respondent had practiced testified to the sincerity, integrity and honesty that the respondent had exhibited in the practice of family law. The hearing board heard further testimony highly favorable to the respondent from two mental health professionals who were friends of the respondent, a Denver police officer who was a long-term friend of the respondent, and the psychiatrist who had been treating the respondent for three months preceding the hearing. Letters from the SEC and the warden of the prison at Leavenworth were also received in evidence. The SEC official attested to the respondent’s willing cooperation with that agency in its investigation, and the warden wrote of the respondent’s exemplary conduct during his confinement in prison. This evidence generally served to corroborate the other evidence of the respondent’s prior good conduct and present sincerity, and the likelihood that he would not engage in similar misconduct in the future. The respondent also testified, acknowledged his misconduct, and attested to his remorse and to his progress in understanding why he had been unable to confront his employers and report the criminal conduct.

Based upon the admissions of the respondent and the evidence presented at the hearing, the hearing board concluded that the respondent had violated C.R.C.P. 241.-6(1), (3), and (5),4 as well as DR 1-102(A)(1) [825]*825and (3).5 The hearing board recommended that the respondent be suspended from the practice of law in Colorado for two years and that he be assessed the costs of the disciplinary proceedings. In arriving at this recommendation, the board recognized the serious and public nature of the respondent’s misconduct.

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

Related

People v. Sugar
360 P.3d 1041 (Supreme Court of Colorado, 2015)
People v. Hanks
967 P.2d 141 (Supreme Court of Colorado, 1998)
People v. Goldstein
887 P.2d 634 (Supreme Court of Colorado, 1994)
People v. Preblud
764 P.2d 822 (Supreme Court of Colorado, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
764 P.2d 822, 12 Brief Times Rptr. 1710, 1988 Colo. LEXIS 205, 1988 WL 125424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-preblud-colo-1988.