A Failure To Recognize

The Massachusetts Supreme Judicial Court

The respondent entered a plea of nolo contendere, in the State of Rhode Island, to a single felony charge of obtaining property under false pretenses. This resulted in his temporary suspension from law practice in Massachusetts, effective February 27, 2024. The underlying facts of the conviction, which was not in the course of law practice, are that the respondent applied for and received $15,837 in unemployment benefits from the State of Rhode Island during a period when he was periodically employed as a consultant and earning wages of $27,523.

In a stipulation of the parties filed with the Board, the respondent agreed that he “failed to recognize” that his ad hoc consulting income “needed to be reported to the State of Rhode Island for any assessment of his continued eligibility for unemployment relief.” He later self-reported the overpayment to the Rhode Island Department of Labor, and offered to repay the benefits. Instead, the State of Rhode Island brought criminal charges against him. After entering his plea and making restitution, the respondent received a one-year deferred sentence on April 10, 2023. His criminal case is now closed, his plea has been expunged, and he no longer has a criminal record.

By vote dated September 9, 2024, the Board recommended to the S.J.C. that it accept the parties’ stipulation and suspend the respondent from the practice of law for one year, retroactive to February 27, 2024, the date of his temporary suspension.

On September 26, 2024, the Single Justice (Georges, J.) adopted the Board’s recommendation and ordered the respondent suspended from the practice of law for one year, retroactive to February 27, 2024.

(Mike Frisch)