Hockey, Drugs And Bar Discipline

A justice of the Maine Supreme Judicial Court has reinstated a suspended attorney by terminating his interim suspension effective July 1, 2016.

A hearing on these matters was held at the Capital Judicial Center on February 19, 2016. The principal issues for the hearing were whether Gary Prolman should be disbarred from the practice of law, reinstated to the practice of law, or have his current suspension from the practice of law extended for a specific period of time, and what conditions to require of Prolman should he be reinstated to the practice of law.

It is quite a story

Before the events that gave rise to this proceeding, Prolman had been generally well regarded by other members of the bar who had professional contact with him. He had been subject to no other disciplinary actions.

Outside of his law practice, Prolman was very involved in his community, particularly with youth and high school hockey and with local charities that focused on children’s needs. He became assistant or head coach of several high school hockey teams in York and Cumberland County.

Through his involvement with hockey programs, Prolman also began to develop a separate business as a sports agent, advising and promoting young hockey players who demonstrated potential to play professionally. This business venture required much work and years of effort before realizing any returns. To support his sports agent business, Prolman relied on income from his law practice and a significant loan from his father. In 2012 Prolman’s sports agent business was about to realize significant returns, as three players he had advised for as many as eight years were entering professional hockey careers with good prospects of playing in the National Hockey League.

For many years prior to 2012, Prolman had regularly used cocaine and sometimes drank alcoholic beverages excessively. There is no evidence that his drug and alcohol abuse affected his law practice or his relationships with his clients. It primarily manifested itself during times away from his practice, though his cocaine use was becoming more regular by 2012.

At some point in 2012, Prolman’s cocaine dealer introduced Prolman to David Jones. Prolman soon became aware that Jones was an illegal drug dealer, primarily involved in sales of large quantities of marijuana. Jones expressed interest in having Prolman assist him in incorporating and acquiring real estate for some business ventures. Prolman assisted Jones as requested and was paid in cash for his legal advice and assistance.

Jones also learned of Prolman’s sports agent business and offered to invest in and become a part owner of the sports agent business. Prolman accepted Jones’s offer, viewing Jones’s investment as a way to repay his father’s significant loan that had been supporting the sports agent business and to stop relying on his family to support this venture.

During this time, Prolman decided to move his office from Portland to York County. With the assistance of his cocaine dealer’s spouse, who was a real estate agent, Prolman located a building in Saco that he could use as an office and residence, with other space to rent to tenants. To aid in purchase of the Saco property, Prolman accepted Jones’s offer to invest in and become a part owner of the property, and Jones may have been listed on the purchase and sale agreement. However, none of the purchase documents listed Jones as a part owner, and the financing documents did not identify Jones as having any interest in the Saco property.

In these various transactions Prolman accepted $127,875 in cash from Jones, which he then deposited in various banks in amounts of less than $10,000 to avoid federal cash source reporting requirements.

With his criminal practice experience Prolman was aware that the cash payments he was receiving from Jones were proceeds from drug transactions that were being laundered through the payments to Prolman. At one time Prolman assisted Jones by converting a large number of small bills into larger bills that could be more easily concealed by Jones as he travelled to acquire more illegal drugs.

In mid-2012, Jones was arrested in Kansas while returning to New England with illegal drugs purchased in California. Shortly after Jones’ arrest, Jones’ girlfriend appeared at Prolman’s residence with a large amount of cash which she indicated could be used to get an attorney and provide bail for Jones in Kansas. Prolman retained $50,000 of the larger amount offered by Jones’ girlfriend, considering it a payment toward Jones’s investment in Prolman’s sports agent business. It does not appear that any of those funds were used to support an attorney or bail for Jones.

A search of Jones’ residence in Maine led to discovery of receipts from Jones’ cash transactions with Prolman, which then led to investigation of Prolman’s actions, directed by the United States Attorney’s office. Prolman initiated contact with the U.S. Attorney’s office to discuss his situation.

In late 2012, at a meeting involving Prolman, his retained attorney for the criminal matter, federal investigators, and an Assistant United States Attorney, Prolman was not truthful with those officials concerning specific details of his dealings with Jones, his own criminal conduct, and his illegal drug usage. For example, when asked by the federal investigators about his handling of approximately $127,000 in illegal drug-related funds, including making deposits at different banks in amounts that were purposely less than $10,000 each, Prolman asserted those funds had been generated by his legal services for an unnamed legal client. At that meeting Prolman also did not disclose that he had received the additional $50,000 in cash, delivered to him by Jones’ girlfriend, and that he had then made several additional smaller bank deposits from those funds.

In later meetings with an Assistant United States Attorney and investigators, testimony by the Assistant United States Attorney indicated that Prolman was more forthright and provided much useful information that supported the bringing of charges against other individuals involved in the illegal drug trade. As part of his cooperation with the U.S. Attorney’s office, Prolman provided grand jury testimony in support of the government’s prosecution of others that, in at least one instance, was viewed as creating some personal risk for Prolman.

He pleaded guilty to federal money laundering charges and spent time in prison, where he began to turn his life around

Unlike several of the attorneys appearing on the list of offenses provided by the Board of Overseers, Prolman had no prior disciplinary proceedings during his twenty years of practice in Maine before 2012. During that time, he was very actively engaged in the practice of law, particularly criminal defense work, sometimes providing valuable service to those who could not afford to pay him for his work. He was also willing to provide advice and assistance to other lawyers to help them address challenges with their cases or with their practices.

As reflected by many letters from attorneys filed in both the federal sentencing proceeding and filed as exhibits in this proceeding, Prolman was well respected and well known by his peers with active criminal practices in York and Cumberland Counties. In fact, in this Court’s experience with disciplinary matters, the number of letters from fellow members of the Bar supportive of Prolman’s reinstatement, complimentary of his skills, and noting the need for those skills in the profession is unusual, certainly not indicative of one who, in the past, had practiced at or near the bounds of ethical propriety.

The evidence also indicates that Prolman was more actively involved in his community and in charitable work than many other members of the Bar. As attested in many letters from members of his community, from clients, from parents, from persons involved with charities, from persons involved with youth and school hockey programs, beyond his practice, Prolman had an unusually valuable role in his community helping local charities and through involvement with youth and high school sports programs, particularly hockey programs. These are services which, when provided by Prolman, were greatly valued and which are still needed and could again be provided, particularly if Prolman resumes his law practice.

Considering Prolman’s past history, which, but for the aberration in 2012 is exemplary, considering what the Court finds to be his sincere commitment to change his life and avoid the ethical problems and contributing substance abuse issues that led to the events in 2012, and considering that Prolman has already served a twenty-one month suspension which required him, at the start, to essentially wind up his practice, the Court finds that the Board of Overseers of the Bar has not demonstrated, by a preponderance of the evidence, that disbarment or a lengthy additional suspension is required or is appropriate in the circumstances.

Thus

Based on the findings and conclusions stated in this Order, the Court concludes that, but for the aberrational events in 2012, and Prolman’s reluctance to accept full responsibility for his actions and ethical violations during 2013 and 2014, Gary M. Prolman has been a valued and trusted attorney and an unusually important and generous contributor to his community outside the law. The Court also concludes that Prolman’s reinstatement will be in the public interest, and that, with reinstatement, subject to conditions, Prolman can again provide important service to the public as an attorney and resume his role as an important contributor to his community.

The Port land Press Herald  had reported at the time of his sentencing that his legal career was “likely over.”

Senior Associate Justice Alexander authored the opinion. (Mike Frisch)