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Mahoning County Bar Association v. Sinclair12/29/2004
Submitted October 12, 2004
{ } Respondent, R. Allen Sinclair of Boardman and Youngstown, Ohio, Attorney Registration No. 0055915, was admitted to the practice of law in Ohio in 1991. On March 29, 2000, we ordered a six-month suspension of respondent's license, which we stayed on conditions, including probation, for his failure to comply with requirements for advertising his legal services. See Mahoning Cty. Bar Assn. v. Sinclair (2000), 88 Ohio St.3d 328, 725 N.E.2d 1114. The court terminated respondent's probation on June 22, 2001. See Mahoning Cty. Bar Assn. v. Sinclair (2001), 92 Ohio St.3d 1425, 749 N.E.2d 753.
{ } On May 13, 2003, relator, Mahoning County Bar Association, charged respondent with additional violations of the Code of Professional Responsibility, all of which implicated his association with former United States Congressman James A. Traficant Jr., who had been convicted of bribery, accepting an illegal gratuity, obstructing justice, conspiring to defraud the federal government, filing false tax returns, and racketeering. See United States v. Traficant (C.A.6, 2004), 368 F.3d 646 (convictions affirmed). A panel of the Board of Commissioners on Grievances and Discipline heard the cause, made findings of misconduct, and recommended that respondent be suspended from the practice of law for two years, with 18 months stayed on the condition that he commit no further misconduct. The board adopted the panel's findings of misconduct but recommended a two-year suspension.
Misconduct
{ } The complaint alleged misconduct in three separate but related events: (1) respondent's kickbacks to Traficant from his salary as a congressional staff member, (2) respondent's agreement to rent Traficant office space through KAS Enterprises, and (3) respondent's preparation of a quitclaim deed for Traficant to transfer some property to Traficant's daughter. The complaint charged that respondent had in the course of these events violated DR 1-l02(A)(4) (barring conduct involving dishonesty, fraud, deceit, or misrepresentation), 1-102(A)(6) (barring any other conduct that adversely reflects on a lawyer's fitness to practice law), 7-102(A)(6) (prohibiting a lawyer while representing a client from creating false evidence), 7-102(A)(7) (prohibiting a lawyer from counseling or assisting a client in illegal or fraudulent conduct), and 7-102(A)(8) (prohibiting any other illegal conduct or act in violation of a Disciplinary Rule).
{ } Upon graduation from law school, respondent started a private law practice and leased office space from Henry A. DiBlasio, also of Youngstown. DiBlasio eventually resigned from the Ohio bar with disciplinary action related to this case pending, In re Resignation of DiBlasio, 99 Ohio St.3d 1207, 2003-Ohio-2733, 789 N.E.2d 239, but in 1991, he was practicing law privately in the same building in which respondent rented space. DiBlasio was also Traficant's chief of staff and had been for years.
{ } Respondent came to rely on DiBlasio as his mentor, and from this relationship, respondent's ethical problems developed. DiBlasio had an extensive general law practice that included corporate representation. DiBlasio also served as a special counsel to the Ohio Attorney General, overseeing collection cases with sales tax and income tax issues. Respondent helped DiBlasio in his practice and also started accepting criminal cases and court appointments in an attempt to extend his own practiced. Respondent had previously worked for years in the medical field and so worked to establish a personal injury practice as well.
{ } Before leasing office space with DiBlasio, respondent knew Traficant only through intermittent interac
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