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Commonwealth of Massachusetts

NO. BD-2005-019


S.J.C. Order of Term Suspension entered by Justice Greaney on August 26, 2005.1

(S.J.C. Judgment of Reinstatement entered by Justice Greaney on October 30, 2006.)


In 1992, the respondent began employment in the criminal division of the United States Department of Justice as a trial attorney. Beginning in 1999, he was employed by the fraud section. The fraud section was located in Washington, D.C., but the respondent maintained his residence in Massachusetts.

The respondent handled cases throughout the United States and was therefore required to travel extensively. He obtained reimbursement of his expenses from the government by submitting vouchers.

The respondent was required to notify the government whenever he took time off from work as part of his annual leave. Upon leaving government service, the respondent would be entitled to collect reimbursement for any leave accrued but not taken.

On March 18, 2005, the respondent was convicted of two misdemeanor counts of conversion of public money in violation of 18 U. S. C. § 641. The basis for his conviction was his submission of inflated expenses in vouchers presented to the government and his failure to report two weeks of vacation. The respondent was sentenced to one year of unsupervised probation and required to make restitution in the amount of $6,676.69. Of this amount, $4,390.40 was the value of the unreported leave, an amount that the respondent never collected because it was not due or payable until the respondent left government service.

On April 15, 2005, the respondent was temporarily suspended from the practice of law. On July 26, 2005, the respondent and bar counsel filed a stipulation in which they agreed that the respondent’s conduct violated Mass. R. Prof. C. 8.4(b), (c), and (h), and that the appropriate sanction was an eighteen-month suspension effective on the date of the temporary suspension. The parties further agreed that the respondent ought to be permitted to file his petition for reinstatement sixty days prior to the termination of his suspension.

On August 8, 2005, the Board of Bar Overseers voted to accept the parties’ stipulation. On August 26, 2005, the Supreme Judicial Court for Suffolk County entered an order suspending the respondent for eighteen months retroactive to April 15, 2005, and permitting the respondent to file a petition for reinstatement sixty days before the end of the term of his suspension.

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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