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Commonwealth of Massachusetts

NO. BD-2008-030


S.J.C. Order of Term Suspension entered by Justice Cowin on December 16, 2008.1
(S.J.C. Judgment of Reinstatement entered by Justice Lenk on January 31, 2012.)


On June 10, 2008, the respondent was convicted in the United States District Court for the District of Massachusetts of knowingly making a materially false, fictitious, and fraudulent statement and representation and making a false writing and document in violation of 18 U. S. C. ß 1001(a). The basis of the conviction was that the respondent had witnessed a woman sign her husbandís name to a document required to be signed by a parent who is not present when an application for a passport is submitted for a minor. The respondent knew or was willfully blind to the fact that the husband had not signed the document, but, while he knew that the woman wanted a divorce from her husband, he did not know that she planned to take the child out of the country without her husbandís permission. The respondent was sentenced to twelve months of probation.

In aggravation, the woman obtained the passport for the child and took the child out of the country. The child was not returned until a year later. In mitigation, the respondent had consulted with the woman about a case but had not agreed to represent her and had referred her to another lawyer. When he notarized the document, he had no attorney-client relationship with the woman and acted solely in his capacity as a notary.

On April 22, 2008, the respondent was temporarily suspended from the practice of law. On July 25, 2008, bar counsel filed a petition for discipline, which the respondent answered on August 27, 2008. On November 10, 2008, the respondent filed an amended answer admitting to the allegations of the petition and that he had violated Mass. R. Prof. C. 8.4(b), (c), and (h). The parties stipulated to a sanction of a two-year suspension retroactive to April 22, 2008. On December 8, 2008, the Board of Bar Overseers voted to accept the stipulation and recommend the two-year suspension to the court, effective April 22, 2008.

The Board of Bar Overseers filed an information on December 15, 2008, in the Supreme Judicial Court for Suffolk County. On December 16, 2008, the court (Cowin, J.) entered an order suspending the respondent for two years effective retroactive to April 22, 2008.


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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