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Commonwealth of Massachusetts

NO. BD-2007-081

IN RE: ERMINO BARBALUNGA JR.

S.J.C. Order of Term Suspension entered by Justice Cordy on March 20, 2008.1

SUMMARY2

From 1999 to 2003, the respondent diverted approximately $440,919 from his business income to evade income tax reporting requirements. The total tax due and owing to the Internal Revenue Service for those years, with interest, was $622,355.14

On September 5, 2007, the respondent pleaded to an information charging him with tax evasion for the 2003 tax year in violation of 26 U. S. C. § 7201. The respondent had paid the IRS the full amount of taxes, penalties, and interest due for 1999 through 2003. The respondent was temporarily suspended from the practice of law on September 28, 2007.

On December 20, 2007, the respondent was sentenced to three years’ probation during which he was required to provide 400 hours of community service, nine months in a community corrections center following by nine months of home confinement, and fined $200,000. The respondent was permitted to leave the correction center and his home during the period of confinement to run his car-wash business and manage his other business entities.

On February 12, 2008, the respondent stipulated to a petition for discipline filed by bar counsel charging him with the conviction and a violation of Mass. R. Prof. C. 8.4(b). The parties agreed that a one-year suspension effective September 28, 2007, was appropriate.

On March 10, 2008. the Board of Bar Overseers voted to recommend that the respondent be suspended for one year effective as of the date of the temporary suspension. An information was filed with the Supreme Judicial Court for Suffolk County. On March 20, 2008, the county court (Cordy, J.) entered an order suspending the respondent for one year, retroactive to September 28, 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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