Ponds Scam Fails As Ethical Bar Counsel Uncovers Perjured Testimony In Its Own Case

A most unusual District of Columbia Ad Hoc Hearing Committee report recommends dismissal of all charges against an attorney.

Disciplinary Counsel presented its case-in-chief on February 11-12, 2019, and called the following witnesses: Ernie Davis (Respondent’s client and the complainant); Larry Moon (Mr. Davis’ brother, who communicated with Respondent regarding Mr. Davis’ representation); Charles M. Anderson (Disciplinary Counsel’s Manager, Forensic Investigations); and Charlie Bruce (D.C. Department of Corrections employee). Disciplinary Counsel did not call  Respondent to testify. When Disciplinary Counsel rested its case on February 12, 2019, Respondent requested, and was granted, a one-week recess to obtain additional evidence from the D.C. Department of Corrections.

When the hearing resumed on February 19, 2019, Disciplinary Counsel Hamilton P. Fox, III, appeared with Ms. Dorsainvil on behalf of the Office of Disciplinary Counsel. Respondent again appeared pro se. At the beginning of the hearing, Mr. Fox informed the Hearing Committee that the Office of Disciplinary Counsel had discovered evidence that Messrs. Davis and Moon may have committed perjury when testifying before the Hearing Committee, and that “they have attempted to use [the Office of Disciplinary Counsel] as a way of having Mr. Ponds refund the money they paid to him.” Tr. 251-52. Based on this, the Office of Disciplinary Counsel withdrew their testimony.

Mr. Fox represented that Disciplinary Counsel would not present any further evidence, and he argued that that the Hearing Committee should recommend to the Board that the matter should be dismissed. Id. at 252-53. Mr. Fox also apologized to Respondent. Id. at 253. Respondent agreed with Disciplinary Counsel’s recommendation. Id. at 254.

The hearing committee concludes that the withdrawn testimony was essential to any finding of misconduct

We recommend that the Board dismiss all of the charges against Respondent because Disciplinary Counsel has failed to prove any by clear and convincing evidence. We commend the Office of Disciplinary Counsel for its decisive action upon concluding that it could no longer sponsor the testimony of its key witnesses. Disciplinary Counsel’s conduct reinforces the notion of fairness that is essential to the operation of this, and any other, disciplinary system.

The committee consisted of William Corcoran, Esquire, Chair, Rabbi Marc Lee Raphael, Public Member and Patricia B. Millerioux, Esquire.

In re Billy Ponds can be accessed here. (Mike Frisch)