Attorney Grievance Commission v. Gary

Per Curiam The Attorney Grievance Commission, acting through Bar ³¹ Counsel, filed a petition for Disciplinary Action, pursuant to Maryland Rule BV9, against Benjamin Gary, alleging that he violated Disciplinary Rule 1-102 (A) of the Code of Professional Responsibility, which provides, insofar as pertinent, as follows: "DR 1-102 Misconduct. (A) A lawyer shall not: (1) Violate a Disciplinary Rule. (2) . . . (3) Engage in illegal conduct involving moral turpitude.

(4) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation. (5) Engage in conduct that is prejudicial to the administration of justice. (6) Engage in any other conduct that adversely reflects on his fitness to practice law.” The matter was referred to Judge Joseph H. H. Kaplan of the Circuit Court of Baltimore City to make findings of fact and conclusions of law pursuant to Maryland Rule BV10. After an evidentiary hearing, Judge Kaplan made the following findings of fact and conclusions of law.

"At the hearing, Petitioner submitted certified copies of a Criminal Information filed in the United States District Court for the District of Maryland, Criminal No. HM-82-00051, charging Respondent with a violation of 26 U.S.C. § 7201 (Attempt to Evade or Defeat Tax) and of the Judgment and Probation/Commitment Order’ in the case of United States v. Benjamin Gary, United States District Court for the District of Maryland, Criminal No. HM-82-00051, which states that Respondent was convicted on a plea of guilty of a violation of 26 U.S.C. § 7201 . Copies of the docket entries, the plea agreement and transcripts of the proceedings in the United States District Court were also submitted by Petitioner. All of the above were admitted into evidence. ³² "Respondent admits that he has been convicted of a violation of 26 U.S.C. § 7201 . He submitted a Stipulation regarding the testimony of character witnesses containing statements by three members of the Bar which attest to Respondent’s excellence of character, good reputation and service to the community; the same were admitted into evidence.

Margaret J. Pécora, Esquire, of the Legal Aid Bureau, Inc. testified that Respondent has been rendering professional services for clients of Legal Aid on a voluntary basis and that his services as an attorney are badly needed by Legal Aid. Respondent testified that if permitted to remain a member of the Bar, he will devote all of his legal practice to public service without compensation. "FINDINGS OF FACT "1. Respondent was convicted on April 16, 1982, by the United States District Court for the District of Maryland, on a plea of guilty, of violation of 26 U.S.C. § 7201 (Attempt