In re Houser
In re Houser
Opinion of the Court
This matter is before the Court on the Report and Recommendation of the Review Panel that Respondent George D. Houser (State Bar No. 369225) be disbarred for violating Rule 8.4 (a) (2) of the Georgia Rules of Professional Conduct, see Bar Rule 4-102 (d), based
On December 17, 2015, the special master, Thomas L. Holder, held a hearing pursuant to Bar Rule 4-106 (f) (1) to determine whether Houser should be disbarred. At that hearing, Houser, who has been a member of the Bar since 1976, asserted that his appeal was not final because he intended to file a petition in the Eleventh Circuit to recall the mandate, but he apparently never did so. On February 9, 2016, the special master issued his report finding that Houser’s appeals had terminated in 2014 and summarizing that Houser’s felony convictions arose from his operation of three nursing homes, that Houser conspired with his wife to defraud Medicare and Georgia Medicaid programs, that he obtained Medicare and Medicaid reimbursement by materially false and fraudulent pretenses, and that he siphoned money from the facilities to support his lavish lifestyle while leaving the nursing home residents without health care and living in squalor. Moreover, Houser collected payroll taxes from his employees, but failed to transmit the taxes to the Internal Revenue Service and failed to file his personal income tax returns. The special master found that in the course of committing these crimes, Houser displayed a shocking degree of dishonesty, greed, and indifference to human suffering.
In deciding the appropriate discipline, the special master recognized that disbarment is generally the appropriate sanction when a lawyer engages in serious criminal conduct or conduct involving interference with the administration of justice, false swearing, misrepresentation or fraud. See In the Matter of Thompson, 297 Ga. 790 (778 SE2d 226) (2015) (disbarred following federal convictions for conspiracy to defraud the United States, and bank, wire and mail fraud); In the Matter of Vickers, 291 Ga. 354 (729 SE2d 355) (2012) (disbarred following federal convictions for conspiracy to defraud the United States and mail/wire fraud); In the Matter of Skandalakis, 279 Ga. 865, 866 (621 SE2d 750) (2005) (disbarred after federal felony
We have reviewed the record and we agree with the Review Panel and the special master that Houser’s appeal has terminated within the meaning of Bar Rule 4-106 (f) (1), and that under the circumstances of this case, disbarment is the proper discipline. Accordingly Respondent George D. Houser hereby is disbarred from the practice of law in Georgia. He is reminded of his duties under Bar Rule 4-219 (c).
Disbarred.
Reference
- Full Case Name
- IN THE MATTER OF GEORGE D. HOUSER
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- 4 cases
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- Published