The Florida Bar v. Pettie

424 So. 2d 734
CourtSupreme Court of Florida
DecidedNovember 4, 1982
Docket61256
StatusPublished
Cited by8 cases

This text of 424 So. 2d 734 (The Florida Bar v. Pettie) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
The Florida Bar v. Pettie, 424 So. 2d 734 (Fla. 1982).

Opinion

424 So.2d 734 (1982)

THE FLORIDA BAR, Complainant,
v.
Bernard Paul PETTIE, Jr., Respondent.

No. 61256.

Supreme Court of Florida.

November 4, 1982.
Rehearing Denied January 24, 1983.

John F. Harkness, Jr., Executive Director and Stanley A. Spring, Staff Counsel, Tallahassee, and David G. McGunegle, Bar Counsel, Orlando, for The Florida Bar, complainant.

Robert E. Morris of Morris & Rosen, Tampa, for respondent.

PER CURIAM.

This attorney-discipline proceeding is before the Court on the complaint of The Florida Bar. We have before us the report of a referee and respondent's petition for review thereof. This cause is an original proceeding pursuant to the Court's jurisdiction over the discipline of attorneys. Art. V, § 15, Fla. Const.; Fla. Bar Integr. Rule, art. XI, Rule 11.09.

The Bar's complaint against attorney Pettie charged him with violating Rule 11.02(3)(a) of Article XI of the Integration Rule of The Florida Bar and Disciplinary Rules 1-102(A)(3), 1-102(A)(4) and 1-102(A)(5) of The Florida Bar's Code of Professional Responsibility in that he was involved in a criminal conspiracy to import approximately 15,000 pounds of cannabis.

The referee made the following findings and recommendations:

"Findings of Fact as to Each Item of Misconduct of which the Respondent is charged: The respondent admitted the essential allegations of the complaint filed by The Florida Bar. The bulk of the testimony received went to matters in mitigation. After considering all of the pleadings and evidence before me, pertinent portions of which are commented on below, I find as follows:

*735 1. Respondent, BERNARD PAUL PETTIE, JR., is 42 years of age, received his law degree from the University of North Carolina, Chapel Hill, in 1964, and became a member of The Florida Bar in 1965.

2. Respondent at all times relevant to these proceedings was a member of The Florida Bar and was subject to the jurisdiction of the disciplinary rules of The Supreme Court of Florida. Although the respondent's prior address of record as of September 1980 was Indian River County, Florida, the activities involved herein occurred in Broward, Hardee and Manatee Counties, Florida, and by agreement the matter was heard in Polk County, Florida.

3. Beginning at an indefinite time in 1979, respondent slowly became involved in a criminal conspiracy to import approximately 15,000 pounds of cannabis. The conspiracy was headed by Theodore John DeLisi. During this period of time, respondent knowingly assisted the smuggling conspiracy by permitting meetings to occur in the conference room of his law office in Pompano Beach, Broward County, Florida.

4. Respondent, at the request of the conspirators, formed a corporation called Flying Fish of Indiana, Inc., a Florida Corporation, in September, 1979. The purpose of the corporation was to hold title to a DC-4 aircraft which was to be used in smuggling cannabis into the country, and also possibly for legitimate activities. The respondent knew of the proposed illegal use of the aircraft.

5. Respondent purchased a residence on behalf of the conspirators near Bradenton in Manatee County, Florida, upon the instructions of Mr. DeLisi and associates, understanding that the residence was to be used as a storage facility for cannabis that was ultimately imported on January 22, 1980.

6. On instructions from Mr. DeLisi and associates, the respondent knowingly aided the conspiracy by assisting in the purchase of a 1974 Ford truck, which vehicle was later seized by law enforcement officers on January 22, 1980, at Gardner, Hardee County, Florida, because of its use in a smuggling operation.

7. Respondent, in his Answer, denies the titling of a 1979 Ford Econoline Van in December 1979, knowing that it would be used in the smuggling operation. It should be noted that this is the only denial of any matter of substance by the respondent.

8. The respondent knowingly assisted the smuggling conspiracy by introducing Mr. DeLisi to a certain party, so that the DeLisi interests could arrange to land the aircraft on that party's property on January 22, 1980.

9. Respondent testified that he telephoned an Assistant State Attorney in Hardee County prior to January 22, 1980, but was unable to speak with the attorney.

10. On January 22, 1980, the landing of the smuggling aircraft occurred and was discovered in Gardner, Hardee County, and seized by law enforcement officials. Fifteen thousand pounds of cannabis were in the aircraft.

11. It is not clear to what degree respondent profited from his actions.

12. Approximately one week after January 22, 1980, respondent voluntarily requested a meeting with investigators of the Florida Department of Law Enforcement.

13. Roger Alcott is Field Counsel for the Florida Department of Law Enforcement and, by special appointment, special assistant to the State Attorney of the Tenth Judicial Circuit, and also in the Twelfth Judicial Circuit and the Nineteenth Judicial Circuit, and previously in the Third Judicial Circuit and also in the U.S. Northern District in the State of Florida. His duties involve the prosecution of major narcotics cases in the State of Florida. William Wolfe and Charles Guthrie are experienced officers of the Florida Department of Law Enforcement. These three gentlemen and the respondent all testified as to the substantial assistance rendered to the Florida Department of Law Enforcement by the respondent.

14. Subsequent to the initial meeting and continuously up to the present, respondent *736 has assisted the Florida Department of Law Enforcement in the identification, arrest and prosecution of the various conspirators involved. The assistance of the respondent has allowed the authorities to arrest approximately thirty subjects, many of whom have been convicted. Some cases are still pending, and other subjects are still at large. Large amounts of real and personal property have been seized and forfeiture proceedings are pending.

15. The respondent's cooperation has been complete, and has involved personal danger to himself. At one point respondent wore a "body bug" at the request of the Department.

16. The cooperation was such that the Department feels that there is a threat to respondent's personal safety, since some of the defendants are still at large. The Department has information from several sources indicating that a "contract" exists on Mr. Pettie's life and as a result of that he has been relocated outside the State of Florida and his whereabouts are not known to anyone outside the Florida Department of Law Enforcement.

17. From the beginning of February 1980 until approximately the end of that year, one of the Florida Department of Law Enforcement agents was in almost daily contact with Mr. Pettie concerning the case. Mr. Pettie's assistance was a material aid to the investigation, and in the opinion of Mr. Alcott the investigation could not have succeeded to the extent that it did, particularly as to the higher-ups in the organization, without the efforts of Mr. Pettie.

18. Essentially Mr. Pettie, other than to wind down his law practice and conclude matters, has not practiced law since his initial contact with the Florida Department of Law Enforcement.

19. No evidence was presented as to any prior problems with the respondent's ethical conduct. Respondent testified that, other than some routine matters which do not appear to be of significance, he has never had any grievance matters with The Bar.

20. Mr.

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