Summary
The Supreme Court of Ohio permanently disbarred William Matthew Crosby for multiple instances of professional misconduct, including felony tax evasion, misuse and misappropriation of client funds, dishonesty, and failure to cooperate with disciplinary investigations. The court found substantial aggravating factors, including prior discipline, a pattern of misconduct, multiple offenses, false statements, vulnerable clients, and unpaid restitution. The court taxed costs to Crosby.
Topics
Practice areas
Questions Presented
- Whether Crosby committed the charged violations of the Code of Professional Responsibility and other disciplinary rules.
- Whether the appropriate sanction for Crosby's tax evasion, misappropriation of client funds, dishonesty, and related misconduct was permanent disbarment rather than a two-year suspension concurrent with existing suspensions.
Holdings
- Crosby committed the professional misconduct found by the disciplinary panel and board, including felony attempted income-tax evasion, dishonesty, concealment of required information, misappropriation of client funds, failure to account for client funds, and failure to cooperate fully with disciplinary counsel.
- Permanent disbarment is warranted when an attorney's pervasive dishonesty and misappropriation of client funds are combined with felony tax evasion, prior discipline, multiple offenses, false statements during the disciplinary process, vulnerable clients, and failure to make restitution.
Key quotations
“His pervasive dishonesty, combined with his misappropriation of client funds, compels us to permanently disbar Crosby from the practice of law in Ohio.” (¶ 29)
Factual background
Crosby pleaded guilty to felony attempted income-tax evasion after failing to file tax returns from 2001 through 2006 and using an IOLTA account to conceal income from the IRS; he owed $314,637 in restitution. In representing clients who had sued the Catholic Diocese of Cleveland, he mishandled a $175,000 settlement, concealed the settlement from the bankruptcy court, misappropriated client funds, and charged clients more expenses than were documented. He also made false statements during the disciplinary investigation and had prior disciplinary suspensions.
Procedural history
Disciplinary counsel filed a five-count amended complaint in January 2011. After a June 2011 hearing, a panel found misconduct and recommended disbarment; the board adopted the panel's report. The Supreme Court of Ohio overruled Crosby's objections, adopted the recommendation, and permanently disbarred him.