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Commonwealth of Massachusetts

NO. BD-2007-037

IN RE: MICHAEL B. SOSNOWSKI

S.J.C. Judgment of Disbarment entered by Justice Cowin on December 4, 2007.1

SUMMARY2

In May 2005, the respondent’s ex-wife reported to the Bedford, New Hampshire, police department that there was a small camera hidden in the bathroom of the respondent’s house. This bathroom was used by “a minor child.” A federal search warrant issued, and the respondent’s computers, CD’s, and DVD’s were seized. These items contained sixty-seven image and video files of “child victims known to law enforcement” engaged in “sexually explicit conduct…"

On January 22, 2007, the respondent pleaded guilty in the United States District Court for the district of New Hampshire to possession of child pornography, a felony. The respondent did not report his plea of guilty to the bar counsel within ten days of his plea, thereby violating S. J. C. Rule 4:01, § 12(8).

The respondent was released on bail pending his sentencing. He was subject to conditions that required him to notify the court, defense counsel, and the United States attorney before changing his address and telephone number and prohibited him from “direct or indirect use of a computer.” The respondent intentionally misrepresented to the court that he would be living with his mother; there were no computers in her home. Instead, the respondent resided with a friend who had a computer. As a consequence, the respondent was arrested for violating the conditions of release, and, on April 3, 2007, incarcerated pending the sentencing hearing.

On May 17, 2007, the respondent was convicted of possession of child pornography in violation of 18 U. S. C. § 2252A(a)(5)(B). The respondent was sentenced to thirty-seven months of imprisonment and five years of supervised probation thereafter, subject to special conditions.

The respondent waived hearing and assented to an order of temporary suspension in Massachusetts, which entered on May 30, 2007. The respondent complied with the order of suspension.

On July 11, 2007, bar counsel filed a petition for discipline charging that the respondent’s conduct violated Mass. R. Prof. C. 3.3(a)(1), 3.4(c), and 8.4(b), (c) and (d). The respondent failed to answer the petition for discipline and was deemed to have admitted the facts and rule violations alleged. Bar counsel subsequently filed a memorandum on disposition recommending that the respondent be disbarred retroactive to the effective date of his temporary suspension. The respondent did not file a memorandum and did not otherwise participate in the proceedings.

On October 15, 2007, the Board of Bar Overseers voted unanimously to file an information with the court recommending that the respondent be disbarred effective May 30, 2007. On December 3, 2007, the Supreme Judicial Court for Suffolk County (Cowin, J.) held a hearing on the information. The respondent was not represented at the hearing and did not otherwise participate. On December 4, 2007, the county court entered a judgment of disbarment, effective as of May 30, 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 before the Supreme Judicial Court.



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