Mississippi: Lawyer Disbarred for Felony Conviction

Link for opinion: http://scholar.google.com/scholar_case?case=8119683737185704939&q=mississippi+
%2B+%22disciplinary+action%22&hl=en&as_sdt=400000000000002&as_ylo=2010


In The Mississippi Bar v. Castle, 38 So. 3d 632 (Miss 2010), the Mississippi Supreme Court disbarred a lawyer from the state’s bar association following her felony conviction in the United States District Court for the Southern District of Mississippi.

The lawyer was convicted for her involvement in a mortgage-fraud operation in which she, along with twelve others, bought inexpensive real estate through fraudulent acts and then sold the property at inflated prices. Furthermore, the co-conspirators forged documents and inflated financial information so that interested buyers who did not meet loan requirements could acquire financing. The particular lawyer’s role was to handle the loan closings for the initial purchase of the real estate as well as for the resale transactions. She also transferred money between the mortgage company and a co-conspirator and used money to pay buyers for being involved in their scheme.

The operation was uncovered when one of the prospective buyers went to the police. The lawyer was ultimately charged with bank fraud, wire fraud, conspiracy to commit money laundering, conspiracy to commit bank fraud and wire fraud, and submission of false statements. She was convicted of conspiracy to defraud the United States (count 1), frauds and swindles (counts 3-11), and money laundering (count 12). After the verdict, the lawyer was sentenced to forty-eight months for the conspiracy conviction and another forty-eight months for the frauds and swindles conviction, to be served concurrently. She was also sentenced to post-release supervision totally eight years.

Following the conviction, the Mississippi State Bar filed a formal complaint against the lawyer’s violation of Rule 6 of the Rules of Discipline for the Mississippi State Bar, with a copy of the criminal conviction attached. The lawyer did not respond.

Rule 6 states that if a lawyer is convicted of a criminal offense in and any state or federal court a certified copy of the judgment should be filed with the Supreme Court by the Complaint Counsel. Once this is done, the lawyer is immediately suspended from the practice of law. Additionally, once all appeals have been made without reversal the Court will enter an order for disbarment (Rule 6, Rules of Discipline for the Mississippi Bar).

The lawyer had exhausted all appeals and had her conviction affirmed by the appellate court, leaving the Supreme Court with no other option than to disbar her.