Disciplinary Reporter Case Digest

Attorney ID 8967
Attorney Name Marcone, Frank J.
DBP Docket No. 122 DB 2000
Supreme Court Docket No. No. 613, DD No.3
County Delaware
Disciplinary Counsel Alan J. Davis and Anthony Verw
Counsel for Respondent Samuel C. Stretton
Decision Date 2004-09-10
Effective Date 2004-09-10
Case Digest Respondent was criminally convicted for failure to file income tax returns in violation of 26 U.S.C. Section 7203. The conviction resulted in imprisonment for four months, supervised release, restitution, fines and penalties. The Disciplinary Board noted that Respondent took no responsibility for his actions and instead blamed Disciplinary Counsel for his trouble. The Board rejected Respondentís argument that his discipline should be identical to the suspension received in federal court for his conviction. In light of these factors and Respondentís extensive history of discipline, the Board recommended a three year suspension, and the Supreme Court imposed a five year suspension.
Rule Violation(s) Pa.R.D.E. 203(b)(1) -- Criminal Conviction
Discipline Imposed Five Year Suspension
Points of Law The Court is not obligated to impose a suspension identical to the one the Respondent received in federal court for his criminal conviction.
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