In re Anonymous No. 52 D.B. 77
In re Anonymous No. 52 D.B. 77
Opinion of the Court
To the Honorable Chief Justice and Justices of the Supreme Court of Pennsylvania
Pursuant to Rule 208(d) of the Pennsylvania Rules of Disciplinary Enforcement (rules), the Disciplinary Board of the Supreme Court of Pennsylvania (board), submits its findings and recommendations to your honorable court with respect to the above petition for discipline.
I. HISTORY OF PROCEEDINGS
On January 23,1977, a petition for discipline was filed by the office of disciplinary counsel alleging that in two separate transactions, respondent paid a total of ($150,000) in bribes to officials of [ ] Borough, [ ], in order to obtain zoning changes and other favors with respect to the development of land in those communities in violation of numerous disciplinary rules. The matter was referred to hearing committee [ ]. A hearing was held on April 17,
DISCUSSION
This board and your honorable court are favored with a very excellent report by the hearing committee which concisely and accurately describes the nature of the testimony, the acts of misconduct and the cooperation and contrition of [Respondent]. Since we cannot improve upon it, and it is idle to attempt to restate the same, it is incorporated herein by reference. The discussion that follows is, therefore, in addition to, and not in lieu of the report of the hearing committee. The findings of fact and conclusions of law as set forth in the hearing com
[Respondent] is a 60-year-old attorney practicing in [ ]. Respondent was graduated from [ ] University and its law school. He was admitted to the bar in [ ] and served in the United States Army during World War II. Following his discharge from the service, he returned to the practice of law and since 1949 has been associated with his brother-in-law, [ ], Esq. He has been engaged in the general practice of law but fully 40 percent of his time has been devoted to managing family investments. Prior to his involvement in the transactions which are the subject of the present charges, [Respondent] had extensive experience in real estate development throughout eastern Pennsylvania, Delaware and Puerto Rico, including the development of shopping centers, apartment complexes and recreational facilities.
In February of 1967, respondent’s wife purchased a 60 acre tract of land in [ ] Borough, [ ], at auction as the sole bidder for the minimum bid of $40,000. The tract was sold by the borough and was subject to a clause that provided that ownership would revert to the borough in the event that the property was not developed for industrial purposes within one year. Pursuant to the plan that had been formulated prior to the acquisition of the tract, it was transferred by respondent’s wife to a corporation owned by respondent and other members of his family as well as one of respondent’s clients.
Shortly after the closing of the [ ] Tract transaction, respondent was advised by his associate [A], that the public officials in the borough demanded payments from respondent or his corporation as a condition of granting the required zoning change. Subsequently, respondent made three payments totaling $30,000 to the officials between 1968 and 1971. The record establishes that these bribes were paid only as the result of the demands of the officials and not as a result of any solicitation, suggestion or offer by [Respondent]. Subsequently, and in a similar manner, shares of stock in the corporation owning the industrial tract were given to two public officials in exchange for the extension of the deadline under the reverter clause and $90,000 was paid to them between 1972 and 1973, when [Respondent] determined that it was not feasible to develop the tract for industrial purposes and secured a zoning change for residential use.
The State Commission of Investigation of [ ], a non-accusatory body, whose function was to seek out corruption and inefficiencies in government, hold hearings and make recommendations, commenced an investigation into political corruption in the [ ] County area. The commission developed information with respect to changes in land use in the borough area and then endeavored to subpoena the developers involved in an effort to determine whether or not anything improper transpired. Because the commission had no jurisdiction over [Respondent] as a resident of the Commonwealth of Pennsylvania, he was placed under surveillance and a subpoena was served upon him while travel-ling on the [ ] Turnpike. The subpoena directed [Respondent] to produce the books and records of the corporation that owned the industrial park. It was not a personal subpoena. [Respondent] secured counsel in [ ] and decided to cooperate with the authorities, notwithstanding the fact that it would have been difficult for the State of [ ] to secure jurisdiction over him personally or to develop any evidence without his cooperation that would make him susceptible to criminal charges. A grant of immunity from criminal prosecution was obtained and thereafter [Respondent] testified before the commission in executive session, at a public hearing, before an investigating grand jury, and at the trials of some of the officials. Respondent’s cooperation in this regard is still continuing.
The hearing committee concluded that respondent’s conduct violated Disciplinary Rules 1-102(A)(3) (illegal conduct involving moral turpitude); 1-102(A)(4) (conduct involving dishonesty, fraud, deceit and misrepresentation); 1-102(A)(5) (conduct prejudicial to the administration of justice); and 1-102(A)(6) (conduct adversely reflecting upon fitness to practice law) with respect to both transactions, and Rules 7-102(A)(3) (failing to disclose that which he is required by law to reveal); 7-102(A)(7) (counseling and assisting client in conduct that he knew to be illegal); and 7-102(A)(8) (engaging in other illegal conduct or conduct contrary to a disciplinary rule), with respect to the charges concerning the industrial tract since a client was involved in this transaction but not in the other transaction.
This board accepts the findings by the hearing committee that [Respondent] did not expect to have to participate in any bribery scheme at the time he acquired the properties and that the subject of the bribe was introduced by the public officials involved in the first instance and was not initiated as the result of [Respondent’s] solicitation or suggestion. However, the board does note that once the bribery route was proposed, respondent became very intimately involved in the same, carefully camouflaging the source of the funds and being irritated only at the nuisance of having to convert
It is difficult to conceive of any act more damaging to our form of government than to secure political favors by bribery. The seriousness of the matter is compounded when these practices are engaged in by an attorney who has sworn to uphold the law and whose very livelihood depends upon the rule of law. Furthermore, [Respondent] engaged in these
Throughout these proceedings, [Respondent] and his counsel have stressed that his involvement in this sordid affair was as an individual and not as a lawyer, implying that the Code of Professional Responsibility does not extend to private as opposed to professional conduct by attorneys or, at the very least, that an attorney is not held to as high a standard with regard to his private activities. Judge Digges, of the Court of Appeals of Maryland, in a prominent decision, stated: “The professional ethical obligations of an attorney, as long as he remains a member of the bar, are not affected by a decision to pursue his livelihood by practicing law, entering the business world, becoming a public servant, or embarking upon any other endeavor. If a lawyer elects to become a business man, he brings to his merchantry the professional requirements of honesty, uprightness and fair dealing.” Maryland State Bar Association, Inc. v. Agnew, 318 A. 2d 811, at 815 (1974). When an individual accepts the privileges of becoming a member of the legal profession, he, of necessity, accepts the responsibility for the high standard of conduct that the public has
The hearing committee recommended that respondent be suspended for a period of six months. In arriving at this decision, the committee took into consideration respondent’s previous unblemished record over a lengthy professional career and his extraordinary cooperation with [ ] authorities as well as the fact that respondent waived substantial defenses in the instant proceeding (most particularly with regard to the fact that the only testimony against respondent was his own testimony in other proceedings and a corpus delecti in Pennsylvania had not been, and probably could not have been, established). In the opinion of this board, in the absence of the mitigating circumstances considered by the hearing committee, it is very likely that our recommendation would have been disbarment. Under these circumstances, the board is of the unanimous opinion that a three year suspension adequately takes into account the favorable aspects of [Respondent’s] past and present conduct.
III. RECOMMENDATION
For the reasons set forth above, the disciplinary board recommends to your honorable court that respondent, [ ], be suspended for a period of three years with the right to apply for reinstatement pursuant to Rule 218 of the Pennsylvania Rules of Disciplinary Enforcement after two years and six months and that respondent shall comply with all of the provisions of Rule 217 of the Pennsylvania
ORDER
And now, January 16, 1979, the recommendation of the Disciplinary Board of the Supreme Court of Pennsylvania dated October 17, 1978, is rejected; and it is ordered, that the said [Respondent], be, and he is herewith suspended for a period of six months from the bar of this court and in all courts under its supervisory jurisdiction until further order of the Supreme Court.
Reference
- Status
- Published