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Commonwealth of Massachusetts

NO. BD-2006-0237

IN RE: CHARLES L. LONARDO

S.J.C. Judgment of Disbarment entered by Justice Ireland on October 16, 2009.1

SUMMARY2

On April 26, 2006, Charles L. Lonardo was convicted of conspiracy to commit auto insurance fraud in violation of G. L. c. 266, § 111B. The facts of the conviction are set forth in Commonwealth v. Lonardo, 74 Mass. App. Ct. 566 (2009).

The statute was amended in 2002 to make the crime a felony, but the case was charged and treated as a misdemeanor. The respondent was sentenced to two and one-half years in the house of correction. Conspiracy to commit auto insurance fraud is a serious crime as defined by S. J. C. Rule 4:01, § 12(3). The respondent’s conduct violated Mass. R. Prof. C. 1.2(d); 3.3(a)(1), (2), and (4), and 3.3(b); 7.5(f); and 8.4(b), (c), (d), and (h).

The respondent was temporarily suspended on June 21, 2006. Matter of Lonardo, 22 Mass. Att’y Disc. R. 507 (2006). A petition for discipline was filed on November 14, 2006. At the respondent’s request, the matter was deferred until his appeal from his conviction was decided. The conviction was affirmed on July 1, 2009.

On July 31, 2009, the respondent filed an answer admitting to the conviction and raising no matters in mitigation. The respondent was therefore deemed to have waived the opportunity to be heard in mitigation, pursuant to Section 3.15(f) of the B.B.O. Rules. The Board of Bar Overseers subsequently struck from the record an affidavit attached to the respondent’s memorandum of disposition in which the respondent asserted matters in mitigation.

On September 14, 2009, the Board of Bar Overseers voted to recommend disbarment retroactive to the effective date of the respondent’s temporary suspension. On October 14, 2009, the Supreme Judicial Court for Suffolk County held a hearing on the information and record filed by the Board of Bar Overseers. On October 16, 2009, the county court (Ireland, J.) entered a judgment of disbarment effective retroactive to June 21, 2006.


FOOTNOTES:

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 filed with the Supreme Judicial Court.



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