I Could Write A Book

The web page of the Massachusetts Board of Bar Overseers has a summary of a recent case:

On June 11,2009, the respondent was convicted in the United States District Courtfor the District of Columbia of knowingly making and delivering a falsecertificate to the Federal Trade Commission in violation of 18 U. S. C.§ 1018. The respondent was a senior vice president of his employer, andthe certification involved the terms of a settlement between therespondent’s employer and another corporation concerning a patent. Therespondent was sentenced to two years of unsupervised probation, fined$5,000, and required to write a book “reflecting upon the experienceassociated with the criminal behavior…so that others similarly situatedmay be guided in avoiding such behavior.”

A violation of18 U. S. C. § 18, is a misdemeanor that qualifies as a “serious” crimeas defined by S. J. C. Rule 4:01, § 12(3). The factual basis for theconviction was that the respondent intentionally submitted thecertification but that he did not intentionally make themisrepresentations contained in the certification. The conduct did notinvolve the practice of law, and the respondent, who was a medicaldoctor, had never engaged in the practice of law.

On November 3,2009, bar counsel filed a petition for discipline, the respondent filedan answer admitting to the allegations of the petition, and the partiesfiled a stipulation in which they agreed to the sanction of publicreprimand. On November 9, 2003, the Board of Bar Overseers voted tosanction the respondent by a public reprimand.

The case is Matter of Bodnar decided November 11. BNET has an article about the criminal sentencing here. The criminal information and plea agreement can be found at this link on the Department of Justice web page. (Mike Frisch)