Thursday, May 2, 2013

Northern Exposure

The web page of the Ohio Supreme Court reported yesterday:

The  Supreme Court of Ohio today indefinitely suspended the law license of Dayton attorney  Marc N. Greenberg for engaging in sexually  explicit online conversations with undercover police agents whom he believed to  be 12 and 13-year-old girls, and using his computer webcam to transmit obscene video  and still photos to those persons. 

Greenberg’s  license has been under an interim suspension since November 2010, when the  court received notice of his convictions on federal felony counts of possessing  child pornography and transferring obscene material to minors.

In  today’s  5-2 per  curiam (not authored by a single justice) opinion, the court adopted findings  by the Board of Commissioners on Grievances & Discipline that Greenberg’s conduct  violated the state disciplinary rules that prohibit an attorney from engaging  in illegal conduct that reflects adversely on his honesty or trustworthiness,  and engaging in conduct that adversely reflects on the lawyer’s fitness to  practice law.

In  setting the appropriate sanction for his misconduct as an indefinite suspension  from practice with no credit for the time served under interim suspension, the  court noted the aggravating factors that Greenberg acted with a selfish motive,  committed multiple offenses over a period of several months and intended to  prey on vulnerable children.  It also  noted mitigating factors, including Greenberg’s cooperation with the  disciplinary process and acknowledgement of the wrongfulness of his actions,  his entry into ongoing therapy for the diagnosed mental disorder of paraphilia,  the absence of a prior disciplinary record, and the severe sanctions and  penalties imposed for his criminal violations, which have included financial  ruin, public humiliation, and service of a 19-month federal prison term.

The  court’s majority opinion was joined by Chief Justice Maureen O’Connor and  Justices Paul E. Pfeifer, Judith Ann Lanzinger, Sharon L. Kennedy, and Judith  L. French.

Justices  Terrence O’Donnell and William M. O’Neill dissented. Justice O’Donnell  indicated that he would disbar Greenberg. Justice O’Neill indicated that he  would grant credit against today’s indefinite suspension for the time  Greenberg’s license has been under an interim suspension.

Over a period of several months, the attorney made contact with three undercover police officers posing as underage girls. He "used his computer's webcam to stream to the agents video and pictures of his exposed penis and of himself masturbating."

The Dayton Daily News reports that the attorney had been a girl's basketball coach.

The court's opinion is linked here. (MIke Frisch)

http://lawprofessors.typepad.com/legal_profession/2013/05/the-web-page-of-the-ohio-supreme-court-reports-the-supreme-court-of-ohio-today-indefinitely-suspended-the-law-license-of-da.html

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