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Commonwealth of Massachusetts

NO. BD-2004-070

IN RE: MICHAEL DAVID ROSTOKER

S.J.C. Judgment of Disbarment entered by Justice Ireland on July 6, 2005.1

SUMMARY2

On October 7, 2002, the respondent was convicted in the United States District Court for the District of Northern California after trial by jury of conspiracy in violation of 18 U. S. C. § 371, travel with intent to engage in sexual act with a minor in violation of 18 U. S. C. § 2423(b), using facilities of interstate commerce to induce a minor to engage in illegal sexual acts in violation of 18 U. S. C. § 2422(b), conspiracy to induce an alien to violate the law in violation of 18 U. S. C. 1324(a)(1)(A)(i), and encouraging an alien to come to the United States in violation of law in violation of 18 U. S. C. § 1324(a)(1)(iv)(v)(I). The victim of the crimes was a thirteen-year-old girl who lived in the Republic of Vietnam. The respondent was sentenced for fifteen months in prison, placed on supervised release for three years thereafter subject to special conditions, and assessed $1100.00 in criminal monetary penalties.

The respondent failed to notify bar counsel of the conviction within ten days of being convicted, thereby violating S. J. C. Rule 4:01, § 12(8). The respondent reported the conviction to bar counsel on July 26, 2004. The respondent was temporarily suspended by the Supreme Judicial Court for Suffolk County on October 27, 2004.

Bar counsel filed a petition for discipline on November 2, 2004, alleging that the respondent had been convicted of the crimes set forth above and that he had failed timely to report the convictions to bar counsel. On June 2, 2005, the respondent filed with the Board of Bar Overseers an affidavit of resignation in which he acknowledged the convictions and his failure to report them to bar counsel within the required time period. On June 6, 2005, bar counsel filed a request asking that the Board of Bar Overseers recommend to the court acceptance of the affidavit of resignation and entry of a judgment of disbarment effective retroactive to the date of the temporary suspension.

On June 20, 2005, the Board of Bar Overseers voted to recommend to the court that the affidavit of resignation be accepted and a judgment of disbarment enter. On July 6, 2005, the Supreme Judicial Court for Suffolk County accepted the resignation of the respondent and entered a judgment of disbarment effective October 27, 2004.

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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