Lies And Crimes

The Maryland Court of Appeals disbarred an attorney

Respondent, Lance Butler, III, violated Maryland Lawyers’ Rules of Professional Conduct 3.3 and 8.4(a), (b), (c), and (d). These violations stemmed from Respondent’s conduct in falsifying and failing to file tax forms for multiple tax years; intentionally misrepresenting to his government employer the existence of, and earnings from, his private law practice and job as a personal trainer; misrepresenting his employment status to obtain a loan deferral; and lying under oath at a deposition and hearing in a prior attorney discipline proceeding. Disbarment is the appropriate sanction for Respondent’s misconduct.

The attorney was employed by the United States Agency for International Development since 1985 in non-lawyer capacities. He also had a private law practice.

He continued to work in a nonlegal capacity at USAID while attending law school and after being admitted to the Bar of Maryland in 2007 and the District of Columbia Bar in 2010.

The issues began to surface when USAID received an anonymous complaint. There were parallel bar and inspector general investigations.

The record is clear that Respondent violated Rule 3.3(a)(1). In March 2015, Respondent admitted to the Reporting Agent that he falsely testified, at his January 2014 disciplinary hearing, about having self-reported Bar Counsel’s investigation to the Inspector General at USAID. Such testimony constituted a knowing and intentional misrepresentation of fact to the tribunal…

As the hearing judge correctly found, Respondent violated Rule 8.4(b) by committing multiple criminal acts reflecting unfavorably on his honesty. On February 16, 2012,  Respondent violated 18 U.S.C. § 1001 when he submitted a Confidential Financial Disclosure Report that he knew contained false information. Respondent also violated § 1001 by making material misrepresentations to the Reporting Agent on March 10, 2015.

Respondent committed multiple violations of 26 U.S.C. § 7203.  First, he intentionally failed to file income tax returns for tax years 2009, 2010, and 2013. Respondent also made material misrepresentations and omissions in his tax returns in other years: he failed to disclose income from personal training for tax years 1989 to 2000 or 2002; he failed to disclose the existence of, or income from, his private law practice for tax year 2009, and he incorrectly reported his income from that practice in tax years 2010 and
2011; he intentionally failed to timely file his federal and state income tax returns for tax years 2009, 2010, and 2013 and intentionally failed to fully pay taxes in those years; and he knowingly misstated to the USAID Office of Security the status of his federal and state income tax returns.

In addition, Respondent violated 20 U.S.C. § 1097 when he knowingly misrepresented his employment status in the Unemployment Deferment Request, dated October 25, 2010, and submitted to Access Group, Inc., in January 2011. That submission was also a violation of the perjury provision of Maryland Code Annotated, Criminal Law § 9-101.

Sanction

Here, disbarment is the appropriate sanction for Respondent’s multiple violations of the MLRPC. Among other violations, Respondent submitted false testimony on two occasions; falsified state and federal forms and disclosures; and lied to the USAID Office of the Inspector General to cover up his acts of deceit. This Court has emphasized that “candor by a lawyer, in any capacity, is one of the most important character traits of a member of the Bar.” Joseph, 422 Md. at 699 (citation omitted).

The court had entered the order on the day of oral argument. These reasons followed. (Mike Frisch)