January 12, 2012
Sheer Luck Runs Out
An attorney convicted of tax evasion and conspiracy to defraud the United States has been suspended for three years by the New Jersey Supreme Court.
The attorney entered into an agreement with his law firm employer to take his salary without any withholding for taxes and never paid the taxes owed.
The Disciplinary Review Board noted as a mitigating factor that the attorney had an unblemished disciplinary record since his 1994 admission, but "in light of the fact that his dishonest conduct began one year after his admission to the bar, it is by sheer luck and the years it took for the criminal prosecution that his record has been blemish-free until now."
The DRB also considered admissions gleaned from the record outside of the plea in assessing the extent of misconduct. The additional evidence involved assisting clients in tax violations.
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