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In re Walker

Supreme Court of New Jersey

April 17, 2018

IN THE MATTER OF DAVID A. WALKER AN ATTORNEY AT LAW

          Argued: February 15, 2018

          Hillary K. Horton appeared on behalf of the Office of Attorney Ethics.

          Respondent waived appearance for oral argument.

          Ellen A Brodsky Chief Counsel

          DECISION

          Bonnie C. Frost, Chair

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

         This matter was before us on a motion for final discipline filed by the Office of Attorney Ethics (OAE), pursuant to R. 1:20-13(c), following respondent's guilty plea in the Superior Court of New Jersey, Mercer County, to one count of third-degree conspiracy with the purpose of promoting or facilitating the commission of the crime of using a runner, in violation of N.J.S.A. 20:21-22 and N.J.S.A. 2C:5-2.

         We determine to impose a one-year suspension, retroactive to respondent's temporary suspension, on July 7, 2017.

         Respondent did not report his criminal conviction to the OAE, as R.1:20-13(a) (1) requires.

         Respondent was admitted to the New Jersey bar in 1983, to the Washington D.C. bar in 1989, and to the New York bar in 1990. He has no prior final discipline in New Jersey.

         Effective July 7, 2017, the Supreme Court temporarily suspended respondent after he pleaded guilty to the conduct underlying this matter. In re Walker, 229 N.J. 515 (2017).

         Respondent was declared ineligible to practice law by Court Order, effective September 12, 2016, for failure to pay the New Jersey Lawyers' Fund for Client Protection annual attorney assessment for 2016. He remains ineligible to date.

         On May 1, 2014, the New Jersey State Grand Jury returned an indictment charging respondent with second-degree racketeering (N.J.S.A. 2C:41-2c and N.J.S.A. 2C:41-2d) (count one); third degree conspiracy to use a runner (N.J.S.A. 2C:21-22.1 and N.J.S.A. 2C:5-2) (count thirty-nine); and third-degree criminal use of runners (N.J.S.A. 2Cj21-22.1 and N.J.S.A. 2C:2-6) (count forty).

         On March 13, 2017, respondent pleaded guilty before the Honorable Thomas M. Brown, J.S.C., in the Superior Court, Mercer County, to one count of third-degree conspiracy to use a runner, in contravention of N.J.S.A. 2C:21-22.1 and N.J.S.A. 2C:5-2. In exchange, the New Jersey State Office of the Attorney General (the State) agreed to dismiss the remaining counts (one and forty) against respondent, and to recommend a 364-day term of incarceration in the county jail, followed by probation. Under the plea agreement, the State agreed not to oppose respondent's application to the Sheriff's Labor Assistance Program (SLAP), [1] but precluded respondent from applying for admission into the Pretrial Intervention Program.

         Respondent admitted that, for the four-and-one-half years from June 1, 2009 to January 1, 2014, he conspired with brothers Anhuar and Karim Bandy, owners of KEKK Marketing, Inc., purportedly a managing or marketing company. According to the indictment, the scheme involved the Bandy brothers' use of runners to recruit automobile accident victims as patients for treatment at certain chiropractic facilities named in the indictment.

         Respondent's involvement was limited to his agreement with the Bandy brothers to accept the referral of chiropractic patients, through KEKK, for their potential legal claims. In exchange, respondent ...


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