827 N.W.2d 427
Minn.2013Background
- Director filed RLPR Rules 10(c) and 12(a) petition alleging Morris violated Rules 8.4(b) and (c) based on federal convictions.
- Morris admitted the allegations by Rule 13(b) after no response; Director recommends disbarment, and the court agrees.
- Morris was admitted in 1992 but suspended since 2006 for nonpayment of registration fees.
- In Feb. 2010 Morris was convicted on multiple felony counts (conspiracy to commit wire/mail fraud, multiple counts of wire and mail fraud, and false tax return) and sentenced to 132 months.
- The CyberStudy scheme involved deceptive enrollments, fraudulent tax credits (~$2.35 million), forged powers of attorney, a Kmart contract with nonpayment, and substantial harm; convictions are conclusive evidence under Rule 19(a).
- The court concludes no mitigating factors exist and disbarment is the appropriate discipline; order disbarment and costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is disbarment appropriate for Morris's felony convictions involving dishonesty? | Director argues presumptive disbarment. | Morris contends potential for less severe sanction based on mitigating factors. | Disbarment is appropriate. |
| Are the convictions conclusive evidence of the underlying conduct under RLPR Rule 19(a)? | Convictions prove the conduct. | Convictions constitute evidence but not dispositive without review. | Convictions are conclusive evidence. |
| Are there any mitigating factors warranting less than disbarment? | No mitigating factors identified; disbarment imposed. | ||
| What is the chosen discipline and related costs? | Disbarment; payment of $900 in costs and disbursements; notice as required. |
Key Cases Cited
- In re Swensen, 743 N.W.2d 243 (Minn. 2007) (presumptive discipline for felony conviction; consideration of factors)
- In re Jones, 763 N.W.2d 38 (Minn. 2009) (presumptive disbarment for felonies involving dishonesty)
- In re Pugh, 710 N.W.2d 285 (Minn. 2006) (disbarment for mail and wire fraud, etc.)
- In re Perez, 688 N.W.2d 562 (Minn. 2004) (disbarment for multiple counts of mail fraud)
- In re Oberhauser, 679 N.W.2d 153 (Minn. 2004) (disbarment for money laundering)
- In re Andrade, 736 N.W.2d 603 (Minn. 2007) (mitigating factors can warrant sanction less than disbarment)