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Commonwealth of Massachusetts

NO. BD-2007-026

IN RE: ROBERT D. EPSTEIN

S.J.C. Order of Term Suspension entered by Justice Gants on July 23, 2009.1

SUMMARY2

For tax years 2000 through 2003, the respondent filed false tax returns in which he intentionally failed to report $5.9 million the respondent had taken from his law firm without his law partner’s knowledge or consent. The respondent was convicted on November 1, 2007, in the United States District Court for the District of Massachusetts of four counts of tax evasion in violation of 26 U. S. C. § 7201 and sentenced to twenty-four months in prison; fined $10,000; and placed on supervised release for thirty-six months with conditions that he refrain from the unlawful use of controlled substances, submit to periodic drug tests, participate in mental health counseling as required by probation, and not incur credit charges or open new lines of credit without his probation officer’s approval.

The respondent was temporarily suspended from the practice of law on April 26, 2007. On June 4, 2009, the respondent and bar counsel filed a stipulation with the Board of Bar Overseers in which the respondent admitted to the conviction and that his conduct violated Mass. R. Prof. C. 8.4(b) and (c). In addition, the respondent acknowledged that he had been previously publicly reprimanded in Matter of Epstein, 7 Mass. Att’y Disc. R. 93 (1991), and that he had not paid the delinquent interest, taxes, or penalties. In mitigation, some of the misconduct was caused by an addiction to drugs prescribed for the respondent to treat pain arising from surgical procedures. The parties recommended that the respondent be indefinitely suspended from the practice of law, retroactive to the effective date of the order of temporary suspension.

On July 13, 2009, the Board of Bar Overseers voted to accept the parties’ stipulation and recommendation for discipline. An Information was filed with the Supreme Judicial Court for Suffolk County, which, on July 23, 2009, entered an order of indefinite suspension effective retroactive to April 26, 2007.


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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