Summary
The Ohio Supreme Court reviewed the appropriate sanction for an attorney who participated in a fraudulent real-estate loan-flipping scheme and filed false income-tax returns. The court found violations involving illegal conduct, dishonesty, fraud, deceit, misrepresentation, and conduct adversely reflecting on fitness to practice law. Rejecting an indefinite suspension, the court ordered permanent disbarment.
Holdings
- By overseeing an operation that fabricated closing documents for more than 300 loans, participating in fraudulent real-estate transactions, signing false HUD forms, and filing false income-tax returns, Powers violated DR 1-102(A)(3), DR 1-102(A)(4), and DR 1-102(A)(6).
- Permanent disbarment was warranted for Powers's extensive participation in a fraudulent loan-flipping scheme, his concealment of income through false tax returns, and his resulting felony convictions.
Questions Presented
- Whether Powers violated Disciplinary Rules prohibiting illegal conduct involving moral turpitude, dishonesty, fraud, deceit, or misrepresentation, and conduct adversely reflecting on a lawyer's fitness to practice law.
- Whether the appropriate sanction for Powers's extensive fraudulent conduct and felony convictions was indefinite suspension or permanent disbarment.
Disposition
other
Cases Cited (8)
- In re Powers, 108 Ohio St. 3d 1424, 2006-Ohio-289, 841 N.E.2d 786(followed)
- Cincinnati Bar Assn. v. Statzer, 101 Ohio St. 3d 14, 2003-Ohio-6649, 800 N.E.2d 1117, ¶ 8(limited)
- Disciplinary Counsel v. Furth, 93 Ohio St. 3d 173, 181, 754 N.E.2d 219(followed)
- Ohio State Bar Assn. v. Reid, 85 Ohio St. 3d 327, 330, 708 N.E.2d 193(followed)
- Disciplinary Counsel v. Margolis, 114 Ohio St. 3d 165, 2007-Ohio-3607, 870 N.E.2d 1158, ¶ 23(followed)
- Disciplinary Counsel v. Mesi, 72 Ohio St. 3d 45, 49, 647 N.E.2d 473(followed)
- Disciplinary Counsel v. Bein, 105 Ohio St. 3d 62, 2004-Ohio-7012, 822 N.E.2d 358, ¶¶ 9, 12-14(followed)
- Cincinnati Bar Assn. v. Blake, 100 Ohio St. 3d 298, 2003-Ohio-5755, 798 N.E.2d 610, ¶ 7(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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