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Commonwealth of Massachusetts

NO. BD-2009-105

IN RE: FRANCIS X. MORRISSEY, JR.

S.J.C. Judgment of Disbarment entered by Justice Cordy on July 1, 2010.1

SUMMARY2

On February 10, 2010, the respondent, Francis X. Morrissey, Jr., was disbarred in New York by the Supreme Court, Appellate Division, for the First Judicial Department. The disbarment was based upon the respondent’s conviction on October 8, 2009, in the Supreme Court, New York County, of a scheme to defraud in the first degree, conspiracy in the fourth degree and forgery in the second degree, all felonies and “serious crimes” as defined by S.J.C. Rule 4:01, § 12(3).

The respondent’s conviction resulted from his participation in a scheme to defraud Brooke Astor. The respondent and Ms. Astor’s son, Anthony Marshall, looted her estate from approximately 2001 through 2007, during which period her mental capacity was diminished. The respondent forged a codicil to Ms. Astor’s will, giving Mr. Marshall the power to appoint co-executors. Mr. Marshall then appointed as co-executors his wife and the respondent.

The respondent did not report the New York disbarment to bar counsel in Massachusetts, as required by S.J.C. Rule 4:01, § 16(6).

On April 26, 2010, bar counsel filed a Petition For Reciprocal Discipline with the Supreme Judicial Court for Suffolk County. The respondent through counsel filed an answer to the petition requesting that the matter be deferred until his appeal from the conviction is decided in New York. On July 1, 2010, the Court (Cordy, J.) denied the request for deferral and entered an Order Of Disbarment, effective immediately.


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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