Matter of Wild
Matter of Wild
Opinion of the Court
Respondent Claude C. Wild, Jr., former Vice-President for Government Relations of the Gulf Oil Corporation, pled guilty before Judge George L. Hart, Jr., of the United States District Court for the District of Columbia, to a violation of 18 U. S.C. § 610,
There is no dispute that Claude C. Wild, Jr., did make contributions to the reelection campaign effort on behalf of President Nixon — to the Committee to Reelect the President; that he did so after being solicited by two Cabinet officers (Attorney General John Mitchell and Secretary of Commerce Maurice Stans) and their agents, and that he did so out of a fear of what would happen if he did not take such action. [Footnote omitted.]2
After taking into account all mitigating circumstances, the Committee found that respondent Wild had, as charged violated Disciplinary Rule 1-102(A)(3), (4) and (5),
The Disciplinary Board found it unnecessary to determine whether respondent’s conduct involved moral turpitude (DR1-102(A)(3)) or was prejudicial to the administration of justice within the meaning of DR1-102(A) (5) since it found a clear violation of DR1-102(A)(4) in respondent’s secretly transferring funds of a Bahamian subsidiary of Gulf Oil Corporation to President Nixon’s Reelection Committee and directing Maurice Stans to list the contributions as made by “employees of Gulf Corporation” — a patent effort to circumvent the law in violation of the public interest and the public good.
Respondent does not contend that no disciplinary action should be applied in this case. He does urge, however, that with the Kleindienst case as precedent and the comparison of his misconduct with that of Richard Kleindienst, a token suspension of thirty days “would serve as sufficient disciplinary action in the maintenance of the distinction between fitness and punishment.”
In considering the appropriate disciplinary action to take, the Board made the following statement, with which we are in full agreement:
We do not read the Kleindienst Case as setting the disposition standard for cases involving criminal conduct affecting the political process. We believe that the proper discharge of our function requires that we recommend what appears to us to be the appropriate and reasonable sanction under all the circumstances of the particular case. In arriving at a recommendation for discipline, the specific misconduct involved must be weighed against the purposes of disciplinary proceedings. The discipline im- ■ posed should be commensurate not only with the need to maintain the integrity of the profession and the protection of the public, but with the need for the deterrence of other lawyers from engaging in similar misconduct. . . .9
The Kleindienst case is unique in its holding that the Board’s recommendation there “appear [ed] to have been underpinned by punitive considerations”
In this matter a criminal prosecution was brought; it became the appropriate vehicle for punitive determinations. Any further attempt to punish in this proceeding inferentially would carry with it an implied expression of disagreement with the trial court’s sentencing judgment [$100 fine and one month imprisonment, suspended, with one month’s unsupervised probation], which would not be an appropriate consideration in our exercise of disciplinary judgment. . . . [Footnote omitted.]11
Following this reasoning, it is appropriate to note that during the sentencing proceedings which culminated in the imposition of a maximum fine on respondent Wild, Judge Hart said, in passing: “You know, you say this is not a crime of violence. Of course, it is not, but it may be a much worse crime because what you are doing is corrupting our government.”
We have recently been reminded, in the case of an attorney suspended for one year from practice before the Federal Trade Commission, that: “[C]ontrary to the Commission’s concept, disciplinary proceedings ‘are adversary proceedings of a quasi-criminal nature,’ and ‘[d]isbarment, designed to protect the public, is a punishment or penalty imposed on the lawyer.’ ” [Footnote omitted.] Charlton v. Federal Trade Commission, - F.2d - (D.C.Cir., No. 74-1571, March 10, 1976), quoting from In re Ruffalo, 390 U.S. 544, 88 S.Ct. 1222, 20 L.Ed.2d 117 (1968). Because this is so, a person subject to disciplinary charges is entitled to due process. In re Ruffalo, supra. See also Spevack v. Klein, 385 U.S. 511, 87 S.Ct. 625, 17 L.Ed.2d 574 (1967).
We do not view the Kleindienst case as mandating a like sanction for respondent Wild. Wild was instrumental in making secret campaign contributions to-talling $100,000 to the Committee to Reelect the President.
So ordered.
. Illegal campaign contributions.
. Report of the Hearing Committee, p. 3.
. Disciplinary Rule 1-102(A) (3), (4) and (5) provide:
Misconduct.
(A) A lawyer shall not:
(3) Engage in illegal conduct involving moral turpitude that adversely reflects on his fitness to practice law.
(4) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.
(5) Engage in conduct that is prejudicial to the administration of justice.
. See District of Columbia Bar v. Kleindienst, D.C.App., 345 A.2d 146 (1975).
. Findings and Recommendations of the Disciplinary Board, p. 6.
. The fact that respondent’s duties as Vice-President for Government Relations did not include the active practice of law was not considered germane to the issue before it. Id. at 3. See In re Kirtz, 494 S.W.2d 324 (Mo. 1973).
. Findings and Recommendations of the Disciplinary Board, p. 3.
. Brief of Respondent, pp. 5-6.
. Findings and Recommendations of the Disciplinary Board, p. 4.
. District of Columbia Bar v. Kleindienst, supra at 148.
. Id. at 149.
. The money was ultimately returned to Gulf Oil by the Committee to Reelect and respondent Wild paid Gulf Oil $25,000 toward its legal expenses in the criminal case. Gulf Oil pled guilty to making the same $100,000 campaign contribution as well as making a $15,000 contribution to a representative of the Mills for President Committee and $10,000 to a representative of the Citizens for Jackson Campaign Committee.
.See D.C.App. R. XI, Sec. 2.
Concurring in Part
(concurring in part and dissenting in part):
I agree that respondent’s misconduct necessitates suspension from the practice of law in the District of Columbia but I disagree with the length of time adopted by the Court for that suspension.
Preliminarily, I note that Disciplinary Rule XI, Section 4(3) prescribes that the Disciplinary Board review the findings and recommendations of its hearing committee and then prepare and forward to this court “its own findings and recommendations.” The rule provides that thereafter this court “shall review such findings and recommendations on the basis of the record and shall enter an appropriate order determining the
The record in the instant case reflects that respondent pled guilty to a criminal offense, the elements of which were described by the federal judge accepting the plea as follows:
You being an officer and Vice President of Gulf Oil, consented to the making by that corporation of a contribution in the amount of $100,000 to the Finance Committee for the Reelection of the President ... in violation of the statute.
The applicable statute, 18 U.S.C. § 610 (1970), proscribes “any corporation” from making a contribution in any political election and provides that “every officer” of any corporation consenting to a contribution is guilty of a misdemeanor, or “if the violation was willful,” a felony. The special prosecutor in respondent’s case advised the federal trial court that respondent “came forward voluntarily . . . and disclosed the contributions charged . and in light of that cooperation which has been complete and voluntary” had been charged only with a misdemeanor violation.
The record before us further reflects the circumstances of the corporate contributions to which respondent consented.
[KJnowing something of the attitudes of those in power, the first four years of that, the Nixon Administration, it was desirable not to get on their blacklist, so to speak and . . . there are many things I suppose they could do . . . .
******
I knew others were being approached and that if they made a contribution and I didn’t, where does that put me in relationship to my competitors? There are 60-some agencies in the government that are important to the oil business
Respondent, in his sworn testimony before the Senate Select Committee on Presidential Campaign Activities, which is a part of the record before us, related that in 1971 an agent of the Committee to Reelect the President (CREP), Mr. Nunn, visited respondent and asked for a contribution of $100,000 from Gulf Oil for the 1972 election, suggesting that he contact the then Attorney General Mitchell to varify the bona fides of CREP. Respondent met with the Attorney General at the Department of Justice who confirmed the existence of CREP as a reelection operation, Mr. Nunn’s participation in that operation and that “he [Mitchell] had full confidence in Mr. Nunn.” Respondent, concluding “that this is something I had better do,” obtained $50,000 in cash from one of the many foreign and wholly owned subsidiaries of Gulf (which amount was charged to “miscellaneous expenses”), and gave the money to Nunn.
In 1972, according to respondent, he was contacted by the then Secretary of Commerce Stans who indicated his hope of obtaining $100,000 from large American corporations and $50,000 more from Gulf; respondent, who “considered it considerable pressure when two Cabinet officers and an
The denouement of the criminal case was that CREP gave Gulf back the $100,000 contribution; Gulf also received $25,000 from respondent, “to repay the corporation for the legal expenses involved and the fine which they had to pay,” thus apparently making Gulf and its stockholders financially whole. On the other hand, respondent’s employment as Vice-President with Gulf was terminated, he pled guilty to committing a crime, and he was fined $1,000.
Absent extraordinary circumstances, which are not present here, the commission of a crime by an attorney requires both for the maintenance of the integrity of the profession and the protection of the public against future misconduct by other attorneys, the termination of his licensure to practice law. Cf. District of Columbia Bar v. Kleindienst, D.C.App., 345 A.2d 146 (1975). The critical issue becomes then the nature of that termination, i. e., disbarment or suspension.
If suspension seems appropriate here to protect the Bar’s reputation and to discourage illegal acts by lawyers in the future, the question becomes then for how long a period that suspension should be. In determining that issue I believe attention should be given to the nature of respondent’s misconduct and both his past history and possible future in the profession. Respondent did knowingly violate a statute but the violation occurred in that murky area of political fund-raising, where apparently it is not more blessed to give than to receive,
The record further reflects that upon graduation from law school he became a “legislative assistant” to a trade association and during that employment was not involved in “legal representation in any way.” Thereafter, he was a “legislative representative” for Gulf, ultimately becoming Vice-President for Government Relations, and has never “engaged in the active practice of law in the District of Columbia.” As of the time of respondent’s testimony before the Board’s hearing committee he testified that he was setting up an office and going to hold himself out as “a consultant in legislative governmental affairs or business consultant generally. I do not intend to'practice law in the sense which you are familiar with.”
. The record indicates that other senior Gulf officials were unaware of the contributions.
. I note parenthetically that both disbarment and suspension (1) become matters of public record and (2) require the attorney so disciplined to notify his clients of that fact and advise them to seek legal advice elsewhere.
. Both the federal court and the Senate Committee expressed concern at the absence of prosecutions of persons and organizations who received corporate contributions — a violation of law, also.
Reference
- Full Case Name
- In the Matter of Claude C. WILD, Jr., a Member of the Bar of the District of Columbia Court of Appeals
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- Published