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In re McCann

Decided: June 7, 1988.

IN THE MATTER OF JOHN H. MCCANN, III, AN ATTORNEY AT LAW

ORDER

The Disciplinary Review Board having filed a report with the Supreme Court recommending that JOHN H. McCANN, III, of YORK, PENNSYLVANIA, who was admitted to the Bar of this State in 1974, be disbarred, and good cause appearing;

It is ORDERED that the findings of the Disciplinary Review Board are hereby adopted and respondent is disbarred; 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 JOHN H. McCANN, III, as an attorney at law of the State of New Jersey; and it is further

Ordered that JOHN H. McCANN, III, be and hereby is permanently restrained and enjoined from practicing law; and it is further

Ordered that respondent comply with Administrative Guideline No. 23 of the Office of Attorney Ethics dealing with disbarred attorneys; and it is further

Ordered that JOHN H. McCANN, III, reimburse the Ethics Financial Committee for appropriate administrative costs.

APPENDIX

Decision and Recommendation of the Disciplinary Review Board

This matter is before the Board on a Motion for Final Discipline Based upon a Criminal Conviction filed by the Office of Attorney Ethics (OAE). R. 1:20-6(b)(2)(i).

On October 28, 1986, respondent pleaded guilty to the following multiple counts of two federal indictments: five counts of possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1) as well as aiding and abetting such possession with intent to distribute, in violation of 18 U.S.C. § 2; one count of engaging in a continuing criminal enterprise, in violation of 21 U.S.C. § 848; three counts of income tax evasion, in violation of 26 U.S.C. § 7201; two counts of conspiracy to defraud and commit offenses against the United States by impeding, impairing, obstructing and defrauding the lawful functions of the Internal Revenue Service (IRS), the Department of Justice and the Customs Service, in violation of 18 U.S.C. § 371; two counts of subscribing a false income tax return, in violation of 26 U.S.C. § 7206(1); one count of concealment of income from the IRS, in violation of 18 U.S.C. § 2, and two counts of filing false corporate income tax returns, in violation of 26 U.S.C. § 7206(1).*fn1 The facts are as follows.

Respondent was admitted to the bar of this State in 1974. He was apparently involved in many business ventures since then, but never practiced law.

At some point in 1981, respondent became involved in illegal activities with his brother-in-law. These ventures involved the purchase of more than two or three kilograms of cocaine in various ...


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