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Matter of Leahey

May 8, 1990

IN THE MATTER OF MATTHEW A. LEAHEY, AN ATTORNEY AT LAW

ORDER

The Disciplinary Review Board having filed a report with the Supreme Court recommending that MATTHEW A. LEAHEY of TOMS RIVER, who was admitted to the Bar of this State in 1977, be suspended from the practice of law for a period of six months, and good cause appearing;

It is ORDERED that the findings of the Disciplinary Review Board are hereby adopted and MATTHEW A. LEAHEY is suspended from the practice of law for six months, effective May 22, 1990, and until further order of the Court; 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 MATTHEW A. LEAHEY as an attorney at law of the State of New Jersey; and it is further

Ordered that MATTHEW A. LEAHEY be and hereby is restrained and enjoined from practicing law during the period of his suspension; and it is further

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

ORDERED that respondent 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 respondent's guilty plea to willful failure to file an income tax return for the calendar year 1984, in violation of 26 U.S.C. § 7203.

Respondent was admitted to the practice of law in New Jersey in 1977. On February 28, 1989, respondent was charged in a Federal Information, filed in United States District Court for the District of New Jersey, with three counts of failure to file personal income tax returns for the calendar years 1982, 1983, and 1984, in violation of 26 U.S.C. § 7203. On March 23, 1989, respondent entered a guilty plea to the third count of the information, failure to file in 1984. Thereafter, on March 27, 1989, respondent notified the Office of Attorney Ethics of this plea through counsel. Respondent was sentenced to a probationary term of three years and a fine of $10,000 on May 4, 1989. In addition, the following conditions were imposed: (1) respondent must properly file delinquent returns as well as returns coming due during his probation, and make full restitution of all taxes, interest and penalties owed; (2) respondent, at the discretion of the probation office, must participate in a substance abuse program.

Conclusion AND RECOMMENDATION

In disciplinary proceedings, a criminal conviction is conclusive evidence of respondent's guilt. Matter of Goldberg, 105 N.J. 278, 280, 520 A.2d 1147 (1987); Matter of Tuso, 104 N.J. 59, 61, 514 A.2d 1311 (1986); In re Rosen, 88 N.J. 1, 3, 438 A.2d 316 ...


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