| Case Digest |
Petitioner sought reinstatement from a two year suspension imposed by Order of February 2, 2007, retroactive to a temporary suspension imposed on May 5, 2006, because of a criminal conviction for conspiracy to defraud HUD relative to mortgage applications. Through a title company owned by Petitioner, he was the settlement agent for 22 house sales over a period of four years, in which matters he falsely certified on HUD-1 Statements the source of funds produced by buyers at settlements.
Petitioner provided evidence of his compliance with the Rules of Disciplinary Enforcement during his suspension, the nature of his employment in that period, and his compliance with the Continuing Legal Education requirements for reinstatement. Character evidence by testimony and correspondence was admitted. Evidence of his being in successful recovery from alcoholism since 1988, the ongoing sponsoring of several individuals in AA, as well as involvement in Lawyers Concerned for Lawyers, was received. The Office of Disciplinary Counsel did not object to Petitioner being reinstated.
The Disciplinary Board found that Petitioner met his burden of proof under Rule 218(c)(3), Pa.R.D.E,. and had expressed sincere remorse for the misconduct that resulted in his suspension. The Board recommended Petitioner be reinstated. By Per Curiam Order of February 16, 2010, one Justice dissenting, Petitioner was reinstated.
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