Disciplinary Counsel v. Miller - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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Office of Disciplinary Counsel v. Miller.
[Cite as Disciplinary Counsel v. Miller (1997), ____Ohio St.3d ____.]
Attorneys at law -- Misconduct -- One-year suspension with credit
for time served -- Conviction for aiding and abetting the filing
of a false corporate tax return.

(No. 97-437 -- Submitted April 16, 1997 -- Decided June 25, 1997.)

ON CERTIFIED REPORT by the Board of Commissioners on Grievances
and Discipline of the Supreme Court, No. 96-07.

On May 3, 1995, respondent, John R. Miller of Fairlawn, Ohio,
Attorney Registration No. 0015201, pled guilty in federal district court to
aiding and abetting the filing of a false tax return in violation of Section
7206(2), Title 26, U.S. Code. On September 14, 1995, we suspended
respondent from the practice of law in Ohio pending investigation by
relator, Office of Disciplinary Counsel.

On February 5, 1996, relator filed a complaint charging that
respondent's conduct resulting in his conviction constituted violations of
DR 1-102(A)(3)(engaging in illegal conduct involving moral turpitude), 1-
102(A)(4) (engaging in conduct involving dishonesty, fraud, deceit, or

misrepresentation), and 7-102(A)(7) (counseling or assisting a client in
illegal or fraudulent conduct).

The parties stipulated before a panel of the Board of Commissioners
on Grievances and Discipline of the Supreme Court ("board") that from
November 1989 through August 1990, when the corporate tax return of
Diversified Holdings, Inc. was filed, respondent advised and counseled
James Dipolito, a director of the corporation, to file a false tax return.
Respondent pled guilty to this felony, was convicted, and was sentenced to
two years of probation during which time he was to give four hundred hours
of community service. The federal court also required respondent to donate
$3,000 to a community service project in which he participated, and to pay a
$100 administrative fee. The court terminated respondent's probation on
July 26, 1996.

The panel, after finding the facts as stipulated, concluded that
respondent had violated DR 1-102(A)(4) and 7-102(A)(7). Because
respondent had no prior disciplinary violations, had cooperated with the
investigation, and did not profit from the acts which constituted the
violations, the panel recommended that respondent be suspended from the

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practice of law for one year with credit for time served. The board adopted
the findings, conclusions, and recommendation of the panel.
___________________________________

Geoffrey Stern, Disciplinary Counsel, and Harald F. Craig III,
Assistant Disciplinary Counsel, for relator.

Frank M. Pignatelli, for respondent.
___________________________________

Per Curiam. We agree with the findings, conclusions, and
recommendation of the board. We hereby suspend respondent from the
practice of law for one year with credit for time served since his interim
suspension was imposed. Costs are taxed to respondent.

Judgment accordingly.

DOUGLAS, F.E. SWEENEY, PFEIFER and LUNDBERG STRATTON, JJ.,
concur.

MOYER, C.J., AND RESNICK, J., dissent because they would not
give respondent credit for time served.

COOK, J., not participating.

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