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In re McDonald

April 30, 1985

IN THE MATTER OF EUGENE J. MCDONALD, AN ATTORNEY AT LAW

ORDER

The Disciplinary Review Board having filed a report recommending that EUGENE J. McDONALD of MATAWAN be publicly reprimanded for his violation of DR 7-102(A)(5), knowingly making a false statement of fact, and DR 1-102(A)(1), engaging in conduct involving misrepresentation and engaging

in conduct that adversely reflected on his fitness to practice law, and good cause appearing;

It is ORDERED that the report of the Disciplinary Review Board is hereby adopted and that EUGENE J. McDONALD be and hereby is publicly reprimanded for his violation of DR 7-102(A)(5) and DR 1-102(A)(1); and it is further

Ordered that the Decision and Recommendation of the Disciplinary Review Board, together with this order and the full record of the matter, be added as a permanent part of the file of said EUGENE J. McDONALD as an attorney at law of the State of New Jersey; and it is further

Ordered that EUGENE J. McDONALD reimburse the Ethics Financial Committee for appropriate administrative costs.

APPENDIX

Decision and Recommendation of the Disciplinary Review Board

This matter is before the Board based upon a panel report of the District IX (Monmouth County) Ethics Committee recommending a private reprimand. After initial review the Board determined to consider it as a presentment.

Respondent is charged with violating DR 1-102(A)(4), DR 7-102(A)(5) and DR 7-106 by concealing or knowingly failing to disclose to a municipal court that the criminal defendant he was prosecuting had made partial restitution on some checks which were returned for insufficient funds. The facts underlying this matter are as follows:

Respondent was asked by his uncle, Arnold Lauer, owner of Garber Plumbing Supply, to represent the company in its attempt to collect on five checks totalling $9,800. The checks were issued between September 23 and October 23, 1980 by John Burke, trading as J & S Heating Inc., and were returned for insufficient funds. Mr. Lauer had signed two complaints

against Mr. Burke on December 11, 1980, after discussing the transactions with Old Bridge police. One charged theft by deception, N.J.S.A. 2C:20-4; the other issuance of bad checks, N.J.S.A. 2C:21-5. The charges were forwarded to the county prosecutor for grand jury action on February 13, 1981. The theft by deception charges were later ...


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