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IN RE: THEODORE SINISCALCHI

NO. BD-99-04

SUMMARY1

On December 16, 1996, the respondent was convicted of the establishment of a marijuana manufacturing operation in violation of 21 U.S.C. § 856(a)(1). He was sentenced to twenty-four months of imprisonment to be followed by three years of supervised probation. The respondent did not notify Bar Counsel of his conviction until December 9, 1998, in violation of the requirement of S. J. C. Rule 4:01, § 12(8), that a lawyer notify Bar Counsel of a conviction of any crime within ten days of the conviction.

The respondent had previously been convicted of knowingly and intentionally possessing marijuana in a usuable quantity of between fifty and two hundred pounds. That conviction resulted in a three-year suspension from the practice of law. Matter of Siniscalchi, 9 Mass. Att’y Disc. R. 304 (1993). The respondent was still suspended when he was convicted of the new offense in 1996.

On March 1, 1999, the respondent submitted to the Board of Bar Overseers an affidavit of resignation pursuant to S. J. C. Rule 4:01, § 15. Bar Counsel requested that the affidavit of resignation be accepted and an order of disbarment enter effective on the entry date.

On March 8, 1999, the Board of Bar Overseers voted to recommend to the Supreme Judicial Court that the respondent’s affidavit of resignation be accepted and that an order of disbarment be entered forthwith. On May 3, 1999, the Supreme Judicial Court, Fried, J., entered an order of disbarment effective immediately.

1 Compiled by the Board of Bar Overseers based on the record before the Court.



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