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Commonwealth of Massachusetts

NO. BD-2008-042

IN RE: FREDERICK GOLDSTEIN

S.J.C. Order of Term Suspension entered by Justice Botsford on March 27, 2009.1

SUMMARY2

The respondent knowingly failed to file personal income tax returns with the Department of Revenue from 1987 through 2006. Subsequently, he failed to respond to a petition for writ of mandamus filed by the Massachusetts Department of Revenue in the Suffolk Superior Court seeking an order that the respondent comply with his legal obligations by filing the delinquent tax returns. The respondent was then ordered by the court to file the delinquent returns and, when he failed to do so, a complaint for contempt was filed against him. Following his failure to appear before the court on the contempt complaint, the respondent was ordered to pay $22,000.00 plus $1,000.00 per day until compliance with the order to file his tax returns. The respondent to date has failed to comply with both orders.

The respondent also failed to respond to bar counselís inquiries. Upon petition filed by bar counsel pursuant to Supreme Judicial Court Rule 4:01, ß 3, the Supreme Judicial Court, on April 28, 2008, entered an order of immediate administrative suspension based on the respondentís failure to cooperate . The respondent took no steps to become reinstated and to date has failed to file an affidavit of compliance or to send notice of his suspension to clients and others as required by Supreme Judicial Court Rule 4:01, ß 17.

The respondentís conduct in knowingly failing to file personal income tax returns and failing to comply with Suffolk Superior Court orders and the order of immediate administrative suspension violated of Mass. R. Prof. C. 3.4(c), 8.4(d) and 8.4(h). The respondentís conduct in failing to cooperate with bar counselís investigation of this matter violated of Mass. R. Prof. C. 8.1(b), 8.4(d), 8.4(g) and 8.4(h).

Bar counsel filed and served a petition for discipline on November 24, 2008. The respondent failed to file an answer to the petition. The Board of Bar Overseers thereafter notified the respondent that the allegations in the petition were deemed admitted and that he had waived the right to be heard in mitigation. The respondentís failure to cooperate in the disciplinary process was considered as a matter in aggravation.

On February 9, 2009, the Board of Bar Overseers unanimously voted to recommend that the respondent be suspended for one year and one day for his misconduct. On March 27, 2009, the Supreme Judicial Court for Suffolk County so ordered.


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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