In re Sánchez Ferreri
In re Sánchez Ferreri
Opinion of the Court
In harmony with the power granted to it by subdivision (g) of § 2 of Act No. 43 of May 14, 1932
Having been served with copy of the complaint, the res- . pondent filed through his attorney a writing in which he “admits each and every one of the facts alleged in the complaint.”
Section 102 of Title 38, Chapter 2, of the United States Code, insofar as pertinent provides that “The Administrator of Veteran’s Affairs is hereby authorized, under such rules and regulations as he may prescribe, to recognize agents and attorneys in the preparation, presentation, and prosecution of claims under statutes administered by the- Veterans’ Administration,” and that “payment of such fees shall not exceed $10 in any one claim.” Section 103 provides that “Any person who shall, directly or indirectly, solicit, contract for, charge, or receive, or who shall attempt to solicit, contract for, charge, or receive any fee or compensation except as provided in section 102 of this title . . . shall be deemed'guilty of a misdemeanor and upon conviction thereof shall for every offense be fined not exceeding $500 or imprisoned at hard labor not exceeding two years, or both, in the discretion of the court.” And § 111 provides that “No agent or attorney or other person shall demand or receive any other compensation for his services in prosecuting a claim- for pension than such
On the other hand, § 9 of the Act of March 11,1909 creating the Committee on Character of Applicants for Admission to the Practice of Law provides that “An attorney or counsel-lor who is guilty of any deceit, malpractice, felony or misdemeanor, in connection with the practice of his profession or who is guilty of any crime involving moral turpitude, may be suspended or removed from office by the Supreme Court of Porto Rico. . .”
According to the National Supreme Court in Hines v. Stein, 298 U. S. 94, 98, “The broad purpose of regulations in respect of fees of those concerned with pensions matters is to protect the United States and beneficiaries against extortion’ .imposition or fraud.” See also Calhoun v. Massie, 253 U.S. 170, 173; and Hall v. Kimmer, 28 N. W. 96, 98.
No doubt the Congress of the United States has constitutional powers to regulate the amounts which persons such as. those mentioned in the complaint filed in this case are bound to pay to those who prepare, present, and prosecute claims of the former under the statutes administered by the Veterans’ Administration. United States v. Van Leuven, 62 Fed. 52, 56.
In the case-under our consideration the respondent has admitted that he charged sums in excess of those fixed by the above-mentioned Sections of the United States Code.
He has admitted, consequently, having violated the law and committed crimes for which he could be prosecuted. He is, therefore, guilty of a violation of § 9 of the Act creating the Committee on Character, supra, and by virtue thereof he. may be suspended or disbarred from his profession by this Court.
Hence, judgment will be entered granting the complaint and ordering the disbarment of the respondent from practice as an attorney and notary..
Section 2, subdivision (g) of Act No. 43 of 1932, insofar as pertinent recites as follows:
“The Bar Association of Porto Rico shall have power:
“(g) To receive and investigate complaints in connection with the conduct of members practicing their profession, which complaints may be forwarded to the Board of Governors for action; and after a preliminary hearing, at which the interested party shall be given an opportunity, if good cause is found, to institute proper disbarment proceedings in the Supreme Court of Porto Rico.”
Sections 102, 103, and 111 may be found in 36-38 U.S.C.A., pp. 151-153.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.