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Mahoning County Bar Association v. Sinclair12/29/2004
tion in their community. Afterward, the two became more familiar because Traficant also rented space in DiBlasio's building. Traficant's suite occupied the entire first level of the two-story building. He also had a private office on the second floor.
{ } In January 1996, DiBlasio and respondent formed a partnership that lasted the next two years. During this time, DiBlasio continued to pay for the firm's advertising on television and in telephone directories and advanced these expenses and others for respondent's developing personal injury practice. But in the summer of 1998, DiBlasio unexpectedly announced his retirement.
{ } With DiBlasio's retirement looming, respondent became deeply concerned about the financial end of the partnership, particularly funding the advertising. In fact, when DiBlasio expressed his intention to retire, respondent owed him approximately $100,000, mostly for advertising expenses. Moreover, as part of his retirement, DiBlasio planned to sell the building that housed the partnership's offices, to liquidate all of his assets, and to move to Florida. This development also troubled respondent because he had personally remodeled the office space, devoting much time and money to the project.
{ } Against this backdrop, DiBlasio advised respondent that he would be resigning as Traficant's chief of staff, and he offered to suggest respondent as his replacement. Respondent learned in October 1998 that Traficant was interested in hiring him. Traficant later came to respondent's office and requested that they take a ride to discuss respondent's employment.
{ } In the car, Traficant offered to hire respondent as an administrative assistant and counsel, explaining that he had always had an attorney on staff and always would. Although respondent had previously performed some work for Traficant, he expressed reservations about what services he could realistically offer as an aide. Traficant reassured respondent, describing various research or constituent projects and other work that he would ask respondent to complete from time to time. Traficant offered respondent an annual salary of around $60,000 to $65,000 and said that respondent could maintain his law practice as long as he could still work at Traficant's discretion. Traficant also told respondent that, as a condition of his employment, he would be required to repay $2,500 of his monthly paycheck to Traficant.
{ } Traficant's and respondent's conversation eventually turned to office space. Respondent and Traficant agreed that if respondent paid the kickback and also bought DiBlasio's building, which respondent was already considering, Traficant would rent DiBlasio's office space. Respondent thought that this arrangement would enable him to maintain his private law practice at the same time that he was working for Traficant.
{ } Respondent accepted the staff position in Traficant's office and started right away. The job and Traficant's increased lease payments were essential to respondent financially. And in exchange for respondent's job, the kickbacks and leasehold arrangement were essential to Traficant.
{ } Respondent later discussed with DiBlasio the $2,500 monthly payments that Traficant had demanded. DiBlasio confirmed that he and Traficant had had a similar arrangement. DiBlasio told respondent how to pay the kickback -- by cashing his paycheck, placing $2,500 each month in an envelope, and giving the envelope to Traficant.
{ } Respondent eventually purchased the office building, which was actually owned by a corporation that DiBlasio had formed, for $120,000. He did not, however, buy the building in his own name. Because DiBlasio told h
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