Opinion
D.D. No. 75-14
Decided April 28, 1976.
Attorneys at law — Misconduct — Acts warranting disbarment — Conviction of crimes involving moral turpitude.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline.
Richard L. Mackay, respondent, was admitted to the Ohio Bar by examination on October 3, 1950. The records in the Supreme Court indicate that he did not register in 1975 under Gov. R. VII.
On March 30, 1973, respondent, in the United States District Court for the District of Utah, Central Division, was convicted, after trial, of a total of 15 counts of violating Section 1341, Title 18, U.S. Code, and Section 2, Title 18, U.S. Code, for using the mails in a scheme to defraud; and at that time respondent was also convicted of a violation of Section 78j(b), Title 15, U.S. Code, and Section 240.10b-5, Title 17, Code of Federal Regulations, for unlawful use of manipulative or deceptive devices or contrivances in connection with the purchase or sale of registered securities.
As a result of said conviction, Richard L. Mackay was sentenced to five years in a federal penal institution and a fine was imposed. After appeals were exhausted respondent was incarcerated and since has been released on probation.
The Board of Commissioners on Grievances and Discipline found that Mr. Mackay violated DR 1-102(A)(4), (5) and (6), Canon 1 of the Code of Professional Responsibility, and that he was convicted of crimes involving moral turpitude in violation of Gov. R. V(5)(a).
Mr. John R. Welch, Mr. Albert L. Bell, Mr. Calvin W. Bristley, Mr. Harold B. Thomas and Mr. Leonard Weakley, for relator.
Mr. Charles W. Kettlewell, for respondent.
Respondent was not present at the hearing before the board of commissioners, but was represented by counsel appointed by this court.
Relator submitted two exhibits to support its charges against respondent. The first consists of certified copies of: the indictment, verdict, judgment and commitment, mandate of the Tenth Circuit Court of Appeals, the opinion of the Court of Appeals, and the comments on motions for rehearing of that court. Relator's second exhibit is the memorandum opinion reconsidering defendant's (respondent's) sentence in the United States District Court. All these documents were admitted over objection.
By way of defense, respondent submitted a 15-page affidavit outlining his version of the events that transpired prior to his conviction. This was admitted over objection.
Careful reading and consideration of the entire record of he hearing before the board of commissioners compels this court to affirm the finding that respondent has violated DR 1-102(A)(4), (5) and (6), Canon 1 of the Code of Professional Responsibility, and that respondent has been convicted of crimes involving moral turpitude in violation of Gov. R. V(5)(a).
Therefore, it is our judgment that the respondent, Richard L. Mackay, is hereby permanently disbarred from the practice of law in the state of Ohio.
Judgment accordingly.
O'NEILL, C.J., HERBERT, CORRIGAN, STERN, CELEBREZZE, W. BROWN and P. BROWN, JJ., concur.