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No. BD99-082

IN RE: ALFRED J. MAININI

ORDER OF DISBARMENT1


SUMMARY

On November 30, 1999, the respondent pled guilty in the United States District Court for the District of Massachusetts to two counts of obstruction of justice in violation of 18 U.S.C. § 1503(2). The respondent is awaiting sentencing.

The convictions arose from the respondent’s conduct as one of the principals involved in the development of a resort in Anguilla. In 1995, the respondent and a co-defendant organized a corporation in Anguilla in which they owned 51% of the capital stock of the corporation. The respondent was the president of the corporation and a co-defendant was the chief executive officer.

In January, 1996, a grand jury sitting for the United States District Court for the District of Massachusetts issued a subpoena to the corporation seeking, among other things, production of documents and information that would identify the individuals who in 1995 purchased capital stock in the corporation and who were investors in the corporation. Both the respondent and the co-defendant knew of the grand jury’s subpoena, and in response to it they intentionally attempted to conceal the identities of two of the investors, as persons who had purchased capital stock in the Anguillan corporation.

Additionally, in early 1997, the respondent knowingly and intentionally created a false letter bearing the date of August 7, 1995, stating that an investor had failed to make payment of his investment contribution and therefore forfeited his status as an investor in the Anguillan corporation. In fact, the investor had paid in full and at all relevant times the respondent knew that this individual was an investor in the Anguillan corporation. The respondent delivered this fabricated letter to the investor with the understanding that the investor was to give it to investigators. The respondent also instructed the investor that when he was testifying before the grand jury he should stick to the story that he was not an investor in the Anguillan corporation when, in fact, he was.

On December 14, 1999, the respondent consented to disbarment pursuant to S.J.C. Rule 4:01, § 8(5). On December 31, 1999, the single justice entered an order of disbarment.

1S.J.C. Order of Disbarment entered by Justice Cowin on December 31, 1999.



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