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Attorney Consents To Disbarment After Solicitation Of Murder Conviction

An Illinois attorney has agreed to disbarment by consent.

From the Administrator’s motion

 On December 2, 2010, a Will County grand jury returned a three-count indictment against Respondent in the matter entitled, People of the State of Illinois v. Robert W. Gold-Smith, docket number 2010CF2423, in the Circuit Court of Will County, charging Respondent with aggravated domestic battery (a Class 2 felony), aggravated battery (a Class 3 felony) and unlawful violation of an order of protection (a Class A misdemeanor).

According to the indictment filed against Respondent in case number 2010CF2423, on or about November 19, 2010, Respondent was arrested after he struck the body and face and a called derogatory name to his then wife, Victoria Smith, outside of a Will County courtroom subsequent to a hearing held on an order of protection filed by Ms. Smith against Respondent.

In a separate criminal case, on October 11, 2012, a Will County grand jury returned a two-count indictment against Respondent in the matter entitled, People of the State of Illinois v. Robert Gold-Smith, docket number 2012CF2338 in the Circuit Court of Will County, charging Respondent with solicitation of murder for hire and solicitation (both Class X felonies).

According to the indictment filed against Respondent in case number 2012CF2338, on or about October 3, 2012, while Respondent was incarcerated in the Will County jail and awaiting trial on the charges described in paragraphs one and two, above, Respondent approached another inmate, Brian McDaniel, and requested that McDaniel kill Respondent’s wife in exchange for $5,000 to be paid by Respondent to McDaniel.

In a third criminal case, on January 14, 2016, a Will County grand jury returned a one-count indictment against Respondent in the matter entitled, People of the State of Illinois v. Robert Gold-Smith, docket number 2015CF2861 in the Circuit Court of Will County, charging Respondent with communicating with a witness (a Class 3 felony).

According to the indictment filed against Respondent in case number 2015CF2861, on or between October 1, 2015 and December 1, 2015, while Respondent was incarcerated in the Will County jail and awaiting trial for case numbers 2010CF2423 and 2012CF2338, Respondent communicated to McDaniel that if McDaniel did not testify against Respondent in case number 2012CF2338, Respondent, in exchange, would pay McDaniel an unspecified sum of money.

The Herald News reported on the crimes. 

A Homer Glen lawyer convicted of trying to buy his wife’s murder from inside the Will County jail was sentenced Wednesday to 30 years in prison.

Judge Daniel Rozak felt Robert W. Gold-Smith’s “character and attitude [show] he is very likely to commit another crime, and the focal point of that crime would be [ex-wife] Victoria Smith.”

“He blames her for his problems and his present situation,” Rozak said.

The former couple was going through a contentious divorce when Gold-Smith allegedly punched her outside a courtroom in November 2010. That battery case still is pending, although the former bankruptcy attorney has admitted to the incident while representing himself during other case proceedings.

After Gold-Smith violated an order of protection, he was put in the county jail in March 2011 and offered Brian K. McDaniel $5,000 to kill Victoria Smith in October 2012, according to trial testimony. McDaniel was wearing a wire for Will County Sheriff’s Office investigators, and Gold-Smith subsequently was charged with solicitation of murder.

He was convicted in all three matters and sentenced to 30 years for the solicitation to murder. Consecutive sentences of three and four years were imposed in the other cases .

The convictions are being appealed. (Mike Frisch)