Office of Disciplinary Counsel v. Harris

[This opinion has been published in Ohio Official Reports at 

84 Ohio St.3d 3

.]




                   OFFICE OF DISCIPLINARY COUNSEL v. HARRIS.
             [Cite as Disciplinary Counsel v. Harris, 

1998-Ohio-686

.]
Attorneys at law—Misconduct—Indefinite suspension—Conviction of conspiracy
        to commit an offense or defraud the United States in violation of Section
        371, Title 18, U.S.Code.
      (No. 98-719—Submitted July 8, 1998—Decided November 10, 1998.)
    ON CERTIFIED REPORT by the Board of Commissioners on Grievances and
                     Discipline of the Supreme Court, No. 97-53.
                                  __________________
        {¶ 1} During 1995, respondent, Paula Castle Harris of Cleveland, Ohio,
Attorney 

Registration No. 0009317,

 was engaged in a telemarketing enterprise
known as Innovative Enterprises Distributing Company (“IEDC”).                   IEDC
employees would telephone individuals and tell them that they had been selected
to receive awards of significant value, but would have to pay a substantial up-front
fee before the award could be transmitted. Respondent participated in the enterprise
by creating certificates of authenticity that she knew falsely represented the value
of paintings that were shipped to individuals who sent money to IEDC.
        {¶ 2} On October 16, 1996, respondent pled guilty to a felony, namely,
conspiracy to commit an offense or defraud the United States in violation of Section
371, Title 18, U.S.Code. She was sentenced to four years’ probation and ordered
to pay to the United States an assessment of $50. On May 19, 1997, being advised
of the felony conviction, we suspended respondent from the practice of law in Ohio.
In re Harris (1997), 

78 Ohio St.3d 1502

, 

679 N.E.2d 4

.
        {¶ 3} On June 16, 1997, relator, Office of Disciplinary Counsel, filed a
complaint charging that respondent’s conduct violated DR 1-102(A)(3) (engaging
in illegal conduct involving moral turpitude), (4) (engaging in conduct involving
                             SUPREME COURT OF OHIO




dishonesty, fraud, deceit, or misrepresentation), and (6) (engaging in conduct that
adversely reflects on the attorney’s fitness to practice law). Respondent answered,
and a panel of the Board of Commissioners on Grievances and Discipline of the
Supreme Court (“board”) heard the matter and received stipulations of the parties
to the facts and the violations. Respondent introduced in mitigation evidence of
her depression and mood swings since the age of thirteen, and a statement that her
plea of guilty was based on the requirement of the United States Attorney that all
co-defendants in the IEDC matter plead together, and her desire to avoid a jury trial
and a possibly lengthy prison sentence for her husband.
       {¶ 4} The panel concluded that respondent’s conduct violated DR 1-
102(A)(4) and 1-102(A)(6), and recommended that respondent be indefinitely
suspended from the practice of law. The board adopted the findings, conclusions,
and recommendation of the panel.
                              __________________
       Jonathan E. Coughlan, Disciplinary Counsel, for relator.
       Paula Castle Harris, pro se.
                              __________________
       Per Curiam.
       {¶ 5} We adopt the findings, conclusions, and recommendation of the
board. Respondent is hereby indefinitely suspended from the practice of law in
Ohio. Costs taxed to respondent.
                                                             Judgment accordingly.
       MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and
LUNDBERG STRATTON, JJ., concur.
                              __________________




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