Summary
The Supreme Court of Georgia disbarred Marcus L. Vickers after he was convicted of conspiracy to defraud the United States and mail and wire fraud arising from his work as a real estate closing attorney. Although the Court recognized mitigating factors, it concluded that the felonies involved dishonesty, occurred in the practice of law, and facilitated mortgage fraud, making disbarment appropriate.
Topics
Practice areas
Questions Presented
- What disciplinary sanction is appropriate for an attorney convicted of three felonies arising from his practice of law in violation of Bar Rule 8.4 (a) (2)?
- Whether mitigating circumstances warranted a suspension rather than disbarment.
Holdings
- Disbarment is the appropriate discipline for Vickers's three felony convictions and related misconduct, notwithstanding the mitigating circumstances.
Key quotations
“As this Court has often stated, the primary purpose of the disciplinary system “is to protect the public from attorneys who are not qualified to practice law due to incompetence or unprofessional conduct,”” (291 Ga. at 354)
“mortgage fraud is and has been a very serious problem in Georgia and . . . real estate closing attorneys are relied on by their lender clients and by the public to act ethically and lawfully to identify and prevent such fraud, rather than facilitating and concealing it.” (291 Ga. at 355)
Factual background
Vickers, a Georgia attorney and closing attorney or closing agent for two condominium sales, was convicted of conspiring to misrepresent to lenders that borrowers had made down payments and of conspiring to distribute closing proceeds contrary to the HUD statements provided to the lenders. He was convicted of conspiracy to defraud the United States and two counts of mail or wire fraud and received a federal prison sentence, supervised release, and restitution obligation. The misconduct occurred in the practice of law, involved dishonesty toward a client, and at least facilitated mortgage fraud.
Procedural history
Vickers was convicted in the United States District Court for the Northern District of Georgia of conspiracy to defraud the United States and two counts of mail or wire fraud arising from condominium closings. The Supreme Court of Georgia had previously suspended him pending appeal. After the appeal failed, a special master held a show-cause hearing and recommended a three-year suspension, but the State Bar objected and the Review Panel concluded that disbarment was appropriate. The Supreme Court agreed with the Review Panel and removed Vickers's name from the rolls of Georgia attorneys.