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Commonwealth of Massachusetts

NO. BD-2001-070


S.J.C. Judgment of Disbarment entered by Justice Ireland on July 8, 2004.1


This matter came before the Court on the respondent’s affidavit of resignation pursuant to S.J.C. Rule 4:01, § 15. The respondent admitted in his affidavit of resignation that the material facts upon which a statement of disciplinary charges was predicated were true and that a hearing committee, the Board of Bar Overseers and the Court would conclude that he had committed the acts set forth in the statement.

On March 22, 2004, the respondent pleaded guilty and was convicted in Norfolk Superior Court of one count of larceny over $250.00, in violation of Mass. Gen Laws c. 266, § 30(1). The crime to which the respondent pleaded guilty is a felony and thus is a “serious crime” as defined by Supreme Judicial Court Rule 4:01, § 12(3).

The respondent intentionally misused $1,268,951.44 of estate funds for personal or business purposes with intent to deprive the estate of the funds and with deprivation resulting. As of March 22, 2004, the respondent had paid back $948,151.18. The respondent’s intentional misappropriation of fiduciary funds, with actual deprivation resulting, was in violation of Mass. R. Prof. C. 1.15(a) – (d) and 8.4(c) and (h). The respondent’s conviction of a serious crime was in violation of Mass. R. Prof. C. 8.4(b), (c) and (h).

The respondent’s affidavit of resignation was filed with the Board of Bar Overseers on May 26, 2004. On June 14, 2004, the Board voted to recommend that the affidavit of resignation be accepted and that an order of disbarment be entered retroactive to October 15, 2001, the date of the respondent’s temporary suspension from the practice of law. On July 8, 2004, the Supreme Judicial Court for Suffolk County so ordered.

1 The complete Order of the Court is available by contacting the Clerk of the Supreme Judicial Court for Suffolk County.

2 Compiled by the Board of Bar Overseers based on the record before the Court.

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