No Conviction Needed To Impose Sanction For Tax Fraud

The California State Bar Court Review Department has recommended a two-year suspension of an attorney with reinstatement conditioned on proof of fitness and probation.

The attorney was found by a United States Tax Court judge to have fraudulently underpaid taxes for three years in an amount of approximately $157,000. A civil penalty imposed by the tax court was affirmed by the Ninth Circuit.

The bar court found that the attorney created a bogus lien and deeds of trust, concealed his interest in a partnership and concealed his income. The conduct involved his interest in an apartment building in which he owned a 1/3 interest.

The bar court further found that a criminal tax conviction was not required to impose a sanction. (Mike Frisch)