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In re Gouiran

Decided: May 26, 1992.

IN THE MATTER OF EMILE E. GOUIRAN, AN ATTORNEY AT LAW

ORDER

The Disciplinary Review Board having filed a report with the Court recommending that the license to practice law of EMILE E. GOUIRAN of PARIS, FRANCE, be revoked for knowingly failing to respond fully to questions on the application for

admission to the bar of this State, in violation of DR 1-102(A)(4) and DR 1-101(A), and further recommending that the revocation of respondent's license to practice be stayed for a period of six months in order to permit respondent to reapply for admission to the bar, and good cause appearing;

It is ORDERED that the license of EMILE E. GOUIRAN to practice law is hereby revoked and respondent's name shall be stricken from the roll of attorneys; and it is further

Ordered that the revocation of respondent's license is stayed until the further Order of this Court in order to permit respondent to apply to the Committee on Character to be certified for admission to the bar of this State, provided that respondent makes such application within forty-five days after the date of this Order.

APPENDIX

Decision and Recommendation of the Disciplinary Review Board

To the Honorable Chief Justice and Associate Justices of the Supreme Court of New Jersey.

This matter was before the Board on a recommendation for public discipline filed by the District VIII Ethics Committee. The complaint charged respondent with conduct involving dishonesty, fraud, deceit and misrepresentation and with deliberate failure to disclose material facts in connection with his application for admission to the New Jersey bar.

Respondent was admitted to the New Jersey bar in 1984. He maintained a law office in Iselin, New Jersey. Although he also passed the New York bar examination, he was denied a license to practice law in that state by its Committee on Character and Fitness. In June 1988, respondent took up permanent residence in France.

In or about 1969, prior to becoming a lawyer, respondent obtained a real estate broker's license in New York. Thereafter,

he was the subject of three separate disciplinary proceedings in New York related to that license:

1. Department of State v. Emile E. Gouiran, d/b/a Richmond Realty Services , which resulted in a determination of untrustworthiness on January 30, 1976, with a penalty of a one-month suspension or a $200 fine. Respondent elected to pay the fine.

2. Department of State v. National Richmond Realty Services, Inc., Emile E. Gouiran, Representative Broker , which resulted in a Conclusion of untrustworthiness and the revocation of respondent's real estate broker's license on March 11, 1980.

3. Department of State v. National Richmond Realty Services, Inc., Emile E. Gouiran, et. al., which resulted in a finding of untrustworthiness and the revocation of the license, if the March 11, 1980 revocation did not survive an appeal.*fn1

In December 1983, respondent applied for admission to the New Jersey bar. In connection therewith he filled out and submitted to the Committee on Character a form designated Certified Statement of Candidate, which contained the following language:

Important Instructions to Candidate: This statement is intended to provide the Committee on Character with information relevant to your fitness to practice law. Candor and truthfulness are significant elements of such fitness. You should, therefore, provide the Committee with all available information, however unfavorable, even if its relevance is in doubt. Disclosure must be as detailed as possible. FAILURE TO DISCLOSE REQUESTED INFORMATION WILL RESULT IN CERTIFICATION BEING WITHHELD.

[Exhibit C-2]

Question X of that form inquired about the candidate's involvement in legal proceedings. Part A asked as follows: "Have you, in your individual capacity, even been a party to or had or claimed any interest in any civil proceeding?" Respondent answered "no," followed by the explanation, "But have been co-defendant in shotgun corporate actions -- all settled. . . . See below for example. Various [plaintiffs] allways [sic] seem to throw officers in for good measure. Never went to trial on

any though." Part C inquired: "Have you or has any business controlled or managed by you ever been charged with fraud, larceny, embezzlement, misappropriation of funds, misrepresentation or similar offenses [including conspiracy to conceal, etc.] in any legal proceeding, civil or criminal, or in bankruptcy?" Respondent replied "yes." Part D, in turn, provided: "If you have answered yes to A, B, or C, state the nature of the proceeding and give full details , including dates, case numbers, name and location of court, if any, references to court records, facts and Disposition." (original emphasis). Respondent answered as follows:

Was partner with one M. Costes in Gouiran Real Estate Company, Inc. He wanted to liquidate [and] split. I refused feeling market not right. He sued alleging everything [and] matter was settled by my purchase of certain corporate assets and giving him cash and by turning over balance of buildings to his RE broker for liquidation. ...


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