In re Disciplinary Action Against Morris
In re Disciplinary Action Against Morris
Opinion of the Court
OPINION
On June 1, 2012, the Director of the Office of Lawyers Professional Responsibility filed a petition under Rules 10(c) and 12(a) of the Rules on Lawyers Professional Responsibility (RLPR) for disciplinary action against William John Morris, Jr. The petition alleges that Morris violated Rules 8.4(b) and (c) of the Minnesota Rules of Professional Conduct based on his federal convictions, including mail fraud, wire fraud, aiding and abetting wire fraud, and subscribing a false tax return. Morris did not respond to the petition, and by order dated July 5, 2012, we deemed the allegations in the petition admitted pursuant to Rule 13(b), RLPR. The Director recommends that Morris be disbarred. We agree.
Morris was admitted to practice law in Minnesota on October 23, 1992, but has been suspended since July 1, 2006, for nonpayment of lawyer registration fees. In February 2010, after a three-week jury trial, Morris was found guilty and convicted of one count of conspiracy to commit wire fraud and mail fraud in violation of 18 U.S.C. § 371 (2006), five counts of wire fraud in violation of 18 U.S.C. § 1343 (2006), five counts of mail fraud in violation of 18 U.S.C. § 1341 (2006), and one count of making and subscribing a false tax return in violation of 26 U.S.C. § 7206(1) (2006). See United States v. Louper-Morris, 672 F.3d 539, 553-54 (8th Cir. 2012). Morris was sentenced to 132 months in prison. Id. at 554. The facts and circumstances underlying Morris’s convictions are set out in some detail in the United States Court of Appeals for the Eighth Circuit opinion affirming his convictions and will not be repeated here in any detail. See id. at 540-54.
In approximately 1996, Morris and his mother formed the corporation CyberStu-dy 101 (CyberStudy) to market an educational software program. Id. at 548. CyberStudy marketed the program to customers in primarily low-income, African American, Hmong, and Somali communities. Id. at 549. Morris falsely represented that those who signed up for the Cy-berStudy software would receive a free
The scheme also included entering into a contract with Kmart whereby CyberStudy agreed to purchase computers to distribute to its customers. Id. at 551. In entering into the contract, Morris made false representations to Kmart. Id. at 556. As a result of the contract, Kmart delivered 2,284 computers to CyberStudy for which Kmart never received payment. Id. at 551, 558. Kmart eventually obtained a judgment against CyberStudy for approximately $1.2 million, which has never been paid. Id. at 553.
Because we have deemed the allegations in the petition admitted pursuant to Rule 13(b), RLPR, and because Morris’s convictions are conclusive evidence that he engaged in the conduct underlying the convictions,
Morris was convicted of 12 felonies, all of which involved dishonesty. The conduct underlying those convictions was serious and by its very nature harmed the public and the legal profession. In addition to the harm caused to individual Cy-berStudy customers, Morris defrauded the State of Minnesota and Kmart out of approximately $3.5 million. There are no mitigating circumstances presented. We conclude, therefore, that the appropriate disciplinary sanction is that Morris be disbarred.
We order that:
2. Respondent shall pay to the Director the sum of $900 in costs and disbursements pursuant to Rule 24, RLPR, and shall comply with Rule 26, RLPR (requiring notice of disbarment to clients, opposing counsel, and tribunals).
. Under Rule 19(a), RLPR, a "lawyer’s criminal conviction in any American jurisdiction" is "conclusive evidence that the lawyer corn-mitted the conduct for which the lawyer was convicted.”
Reference
- Full Case Name
- In re Petition for DISCIPLINARY ACTION AGAINST William John MORRIS, Jr., a Minnesota Attorney, Registration No. 230637
- Status
- Published