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Disciplinary Reporter Case Digest

Attorney ID 15856
Attorney Name Malone, Andrew F.
DBP Docket No. 131 DB 2004
Supreme Court Docket No. 953 DD No. 3
County Montgomery
Disciplinary Counsel Barbara S. Rosenberg
Counsel for Respondent John Rogers Carroll
Decision Date 2006-04-25
Effective Date 2006-05-25
Case Digest Respondent was convicted criminal attempt to commit involuntary deviate sexual intercourse, in violation of 18 Pa.C.S.A. §§901 and 3123, arising from his solicitation of sexual activity with a woman and her two pre-pubescent daughters, whom he located via an Internet website known as “YF,” signifying “young females.” Over a period in excess of five months, Respondent initiated and engaged in numerous explicit discussions in instant messages with the purported mother - who was, unbeknownst to him, a law enforcement officer - in which he proposed engaging in explicitly detailed sexual activities with both her and the girls. He then arranged for a meeting to consummate these proposals. Respondent was arrested when he went to the rendezvous at a convenience store parking lot, carrying dolls to be given to the “children,” sexual lubricant, and a gift for the “mother.” Respondent was sentenced to twelve months less one day to twenty-four months less one day imprisonment, with parole upon completion of minimum sentence, five years consecutive probation, and authorization for work release; he remains on probation until July 2009. In establishing that at the time of the offense he suffered from a recognized psychiatric condition, which contributed to his misconduct, Respondent candidly admitted that he could not deny that he might have carried out the planned activities had the met an actual mother and children. He met the standard for mitigation set forth in Office of Disciplinary Counsel v. Braun, and demonstrated that he had begun receiving appropriate treatment for the condition, as a result of which his behavior has changed and the risk of recidivism has been reduced. Respondent, who practiced for thirty years and had no record of discipline, demonstrated remorse and good character in other respects.
Rule Violation(s) Criminal conviction, Pa.R.D.E. 203(b)(1) and 214(f),
Discipline Imposed Five year suspension retroactive to temporary suspension
Points of Law “The fact that Respondent’s criminal misconduct did not involve his practice of law or his clients is of little moment, as his conduct could not reflect more adversely on the legal profession. The Board’s charge is not merely to protect the legally consuming public, but the public in general.”
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