The Price Is Wrong

The Ohio Supreme Court has imposed a fully-stayed one year suspension for non-practice related criminal conduct

Respondent, Terrence Kensley Scott, of Columbus, Ohio, Attorney Registration No. 0082019, was admitted to the practice of law in Ohio in 2007. In an April 30, 2018 complaint, relator, disciplinary counsel, alleged that Scott engaged in dishonesty, fraud, deceit, or misrepresentation as well as illegal acts that adversely reflect on his honesty and trustworthiness. Specifically, relator alleged that Scott affixed preprinted Universal Product Code (“UPC”) labels for low-cost items onto more expensive merchandise at a Walmart store and scanned the fraudulent labels to purchase items for less than their actual price…

The parties stipulate that on December 23, 2017, Scott stole multiple items from a Walmart store in Whitehall, Ohio. Before entering the store, he duplicated the UPC labels for low-cost items found in his home. He took those duplicate labels to Walmart and affixed them to more expensive items. Scott then scanned the newly affixed UPC labels at the self-checkout in two transactions and paid a total of $27.35 for items that had an actual value of $367.21

A Walmart asset-protection associate noticed that the items Scott had scanned rang up incorrectly and notified a police officer who was working special duty at the store. The officer and the associate observed Scott scan multiple items, including electronics and rugs, that rang up as cheaper food items. After completing his transactions, Scott attempted to exit the store. The Walmart associate stopped him in the store vestibule, recovered the merchandise, and informed Scott that there was a police officer waiting outside. The officer observed Scott leave the store and identified himself as a police officer. Scott turned away from the officer, who then fired his taser, striking Scott in the back. Scott fell and hit his head on the concrete. Officers placed him in handcuffs and, upon searching him, found more than 100 additional UPC labels. Scott was transported to a local hospital, where he received several stitches before being transported to jail.

Scott was charged with misdemeanor counts of theft by deception, possession of criminal tools, and obstructing official business. On February 6, 2018, he pleaded guilty to a third-degree-misdemeanor count of criminal mischief. He received a suspended ten-day jail sentence and was ordered to pay a fine of$185. Scott paid the fine, and the case was closed.

The court noted one aggravating and several mitigating factors.

[The Board on Professional Conduct]  also acknowledged that Scott had submitted five letters and the testimony of two witnesses with knowledge of his misconduct—all attesting to his good character and reputation. See Gov.Bar R. V(13)(C)(5). Indeed, Judge Kim Browne testified that after she offered Scott a job as her judicial staff attorney, Scott disclosed his offense and gave her the opportunity to rescind the offer. Finding Scott to be forthright and remorseful for his conduct, however, the judge hired him.

A similar case from the District of Columbia.

Respondent was admitted to the Bar of the District of Columbia Court of Appeals on July 10, 1992, by motion.¹ On October 29, 2005, respondent stole a Bose stereo, valued at $525, from a Target store in Gaithersburg, Maryland; on December 24, 2005, respondent stole a Kodak printer, valued at $237, from a Target store in Montgomery County, Maryland; and on January 1, 2006, respondent stole an RCA stereo, valued at $88, from a Target store in Rockville, Maryland. The thefts were accomplished through a scheme of purchase and fraudulent return: respondent would purchase the item with a credit card and exit the store with the item; he would thereafter return to the same store or to a nearby store with the receipt but without the item, select an identical item from the shelf, and “return” that item using the original receipt. In the end, respondent had both the item he originally purchased and the money he received when he “returned” it.

The attorney was working in the Bush II White House and was stressed in dealing with Hurricane Katrina

Respondent testified that at the time of the thefts, he was an Assistant to the President of the United States for Domestic Policy, advising the president on domestic issues and tasked with leading the White House response to Hurricane Katrina. He stated that he was married, had four children, and that his family moved at least five times in the eight months before October 2005, when the string of thefts began. Respondent explained that he would shop after work or before work to provide a buffer between his work and home lives and to relieve stress. Dr. Goldman, an expert in forensic psychiatry, testified that respondent “qualifie[d] for a diagnosis of kleptomania ․ but ․ a more accurate diagnosis would be an adjustment disorder with mixed disturbance of emotions and conduct.” He explained that respondent’s conduct was born out of the extraordinary stress of his job

The court imposed a one-year suspension. (Mike Frisch)