OHIO SUPREME COURT Ex-Traficant aide forfeits law license

The Supreme Court found that R. Allen Sinclair violated disciplinary rules by paying the congressman.
COLUMBUS -- The Ohio Supreme Court has suspended indefinitely from the practice of law a Youngstown lawyer who admitted he kicked back $2,500 of his monthly salary to former U.S. Rep. James Traficant while in his employ.
The high court, in a unanimous 7-0 decision Wednesday, said that R. Allen Sinclair's actions brought dishonor to the legal profession.
"Few offenses so calamitously violate the public trust placed in the legal profession as does the bribery of a public official," the court said in an unsigned opinion.
"Whether or not a conviction results, this misconduct lays waste to the community's expectation that lawyers will exhibit 'the highest standards of honesty and integrity' and contributes to the fear that lawyers will 'take advantage of public trust if given the opportunity,'" the high court said.
In its opinion, the Supreme Court found that Sinclair violated disciplinary rules by paying Traficant, who is in federal custody after being convicted in 2002 of bribery and racketeering-related charges, in exchange for employment.
The court also found that Sinclair violated disciplinary rules by conceding to lease Traficant's office space as part of the same deal, according to the opinion, and for concealing his name as the preparer of a quit-claim deed that he realized the former congressman might use to avoid creditors.
Appropriate action
For those and other reasons, the opinion said, the court found that indefinite suspension was appropriate.
The Mahoning County Bar Association, who had prosecuted the misconduct charges against Sinclair and had sought an indefinite suspension, was pleased with the outcome.
"'Pleased' is a bittersweet word in this case," said Ron Slipski, who represented the bar association in the case. "This was the result we were seeking."
According to court documents, Sinclair admitted that for more than a year, after depositing his paychecks as a member of Traficant's congressional staff in a personal bank account, he secretly withdrew cash and placed $2,500 of his monthly $3,150 net pay in envelopes that he gave to Traficant.
Sinclair worked for Traficant from late October 1998 until early 2000.
Traficant subsequently made lease payments for his hometown office in Youngstown to a corporation controlled by Sinclair's wife, which purchased the building around the time Sinclair went to work for Traficant, court records show.
The high court adopted findings by its board of commissioners on grievances and discipline, that Sinclair, by participating in the kickback scheme, engaged in conduct involving dishonesty, fraud, deceit or misrepresentation, and conduct that adversely reflects on an attorney's fitness to practice law, according to court records.
The court also found that Sinclair's concealment of his role in drafting a quit-claim deed that he suspected Traficant was using to fraudulently convey assets to a family member violated the same two rules, plus others that prohibit a lawyer from assisting a client in illegal or fraudulent conduct, creating false evidence and other illegal conduct in violation of disciplinary rules, according to records.
Arguments
When the high court heard oral arguments in the case in October, an attorney for Sinclair had argued that Sinclair's testimony against Traficant helped convict the ex-congressman in federal court.
Sinclair lawyer Geoffrey Stern of Columbus also said then that Sinclair would never be in a position to commit such ethical lapses again.
But the high court appeared unswayed in its opinion.
"Stressing that the disciplinary system exists to protect the public rather than punish offending lawyers, [Sinclair] essentially argues that a more rigorous sanction is unnecessary because he has promised to not pay kickbacks ever again," the opinion said. "We disagree."
Sinclair may not apply for readmission to practice law for at least two years, according to the Supreme Court.
Neither Sinclair nor Stern could be reached to comment.