In re Najim

Summary

The Kansas Supreme Court reviewed a disciplinary proceeding involving attorney Harry Louis Najim's federal felony conviction for structuring a transaction to evade currency-reporting requirements. The court upheld the finding that Najim violated KRPC 8.4(b) and imposed an indefinite suspension retroactive to his temporary suspension.

Holdings

1. Najim's conviction for violating 31 U.S.C. § 5324(b)(1) constituted a criminal act involving dishonesty that reflected adversely on his honesty, trustworthiness, or fitness as a lawyer, and therefore violated KRPC 8.4(b).
2. The disciplinary panel properly characterized Najim's offense as structuring a transaction to evade reporting requirements rather than merely failing to file a report.
3. Najim was indefinitely suspended from the practice of law, retroactive to the May 18, 2015 order of temporary suspension, with reinstatement governed by Supreme Court Rule 219.

Questions Presented

1. Whether Najim's federal conviction for violating 31 U.S.C. § 5324(b)(1) constituted a criminal act reflecting adversely on his honesty, trustworthiness, or fitness as a lawyer under KRPC 8.4(b).
2. Whether the disciplinary panel properly characterized the federal offense as structuring a transaction to evade reporting requirements.
3. What discipline was appropriate in light of the misconduct and the aggravating and mitigating circumstances.

Disposition

other