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Commonwealth of Massachusetts

NO. BD-1999-026


S.J.C. Order of Indefinite Suspension entered by Justice Greaney on May 1, 2000.


On May 24, 1999, the respondent was convicted in the United States District Court for the Central District of California of travel with intent to engage in criminal sexual activity in violation of 18 U.S.C. § 2423(b) and use of a facility of interstate commerce (the Internet) to attempt to induce a minor to engage in criminal sexual activity in violation of 18 U.S.C. § 2422(b). The respondent was sentenced to probation for concurrent terms of five years, with six months to be served in a community corrections center, and he was fined $20,000 on each count. Special conditions of probation were also imposed which require, among other things, participation in a sexual offender, psychological or psychiatric counseling or treatment program, and which prohibit the respondent from, among other things, possessing or having access to any device which offers Internet access.

On February 28, 2000, the respondent filed an answer admitting that he had been convicted of the offenses cited and that his conduct violated Mass. R. Prof. C. 8.4(b). The respondent and bar counsel stipulated that the proper sanction for this misconduct was an indefinite suspension, with an effective date of April 30, 1999, the date of the respondent’s temporary suspension.

On April 10, 2000, the Board of Bar Overseers voted to adopt the stipulation of the parties and its recommendation for discipline, provided that the respondent not be permitted to apply for reinstatement prior to the termination of the respondent’s probation. On May 1, 2000, the Supreme Judicial Court for Suffolk County entered an order of indefinite suspension, effective April 30, 1999, and ordered that the respondent not be eligible to file a petition for reinstatement before the termination of his probation.

1 Compiled by the Board of Bar Overseers based on the record filed with the Supreme Judicial Court.

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