255 P.3d 423
Okla.2011Background
- Oklahoma Bar Association notified the Supreme Court that Gordon had been federally convicted on May 3, 2010.
- Convictions included conspiracy; ten counts of wire fraud; five counts of securities fraud; five counts of money laundering; one count of making false statements; one count of obstruction of justice.
- On October 29, 2010, Gordon was sentenced to 188 months in prison and ordered to pay approximately $6.15 million restitution.
- Indictment alleged a scheme to artificially manipulate stock price and volume for Gordon's personal gain.
- Rule 7.1 RGDP provides that a lawyer convicted of a crime evidencing unfitness is subject to discipline; the indictment, judgment, and sentence serve as the basis for discipline under Rule 7.2 RGDP.
- The Court consulted Brunson, approving disbarment as the appropriate discipline for similar federal wire fraud/money laundering offenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the federal conviction establish unfitness to practice law? | OBA argues conviction shows unfitness. | Gordon contends conviction alone does not mandate disbarment. | Conviction demonstrates unfitness; disbarment authorized. |
| Is disbarment the appropriate discipline? | OBA seeks disbarment based on unfitness and precedent. | Gordon contends lesser discipline could be warranted. | Disbarment appropriate. |
| Do Rule 7.1 and 7.2 RGDP authorize using conviction as basis for discipline? | OBA relies on RGDP to treat conviction as basis for discipline. | Gordon may challenge application of those rules. | Rules authorize discipline from final judgment; discipline affirmed. |
Key Cases Cited
- State ex rel. Oklahoma Bar Association v. Brunson, 912 P.2d 876 (Okla. 1996) (disbarment as appropriate discipline for federal convictions involving wire fraud and money laundering)
