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Commonwealth of Massachusetts

NO. BD-2008-092

IN RE: JAMES H. BATMASIAN

S.J.C. Order of Term Suspension entered by Justice Cowin on April 3, 2009.1

SUMMARY2

On July 14, 2008, the respondent James H. Batmasian was convicted in the United States District Court for the Southern District of Florida of willful failure to pay over tax in violation of 26 U. S. C. § 7602. The respondent was sentenced to eight months’ imprisonment and placed on supervised release for two years, subject to conditions. On July 31, 2008, the Florida Supreme Court suspended the respondent until further order. The respondent violated S. J. C. Rule 4:01, §§ 12(9) and 16(6), by failing to report the conviction and the temporary suspension to the Board of Bar Overseers and bar counsel.

On September 17, 2008, bar counsel filed a notice of conviction and a petition for reciprocal discipline in the Supreme Judicial Court for Suffolk County. The respondent waived hearing and assented to a reciprocal order of temporary suspension in the Commonwealth. On October 23, 2008, the respondent was temporarily suspended by the county court.

On March 5, 2009, the Florida Supreme Court suspended the respondent for three years, effective August 30, 2008. On March 20, 2009, bar counsel filed a petition for reciprocal discipline in the county court. The respondent waived hearing and assented to an order of suspension for three years, retroactive to October 23, 2008, the effective date of his temporary suspension in Massachusetts. The respondent agreed to the further provision that he be reinstated in Florida as a condition to petitioning for reinstatement in Massachusetts.

On April 3, 2009, the Supreme Judicial Court for Suffolk County (Cowin, J.) entered an order suspending the respondent for three years effective retroactive to October 23, 2008. As a condition precedent to petitioning for reinstatement in Massachusetts, the respondent must demonstrate that he has been reinstated to the bar in Florida.


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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