Attorney Grievance Comm'n of Md. v. Blair, Misc. Docket AG No. 83
| Decision Date | 13 July 2018 |
| Docket Number | Misc. Docket AG No. 83 |
| Parties | ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. WALTER LLOYD BLAIR |
| Court | Court of Special Appeals of Maryland |
ATTORNEY DISCIPLINE - SANCTIONS - DISBARMENT - Court of Appeals disbarred lawyer who concocted and executed scheme to launder drug money that he obtained from client, engaged in witness tampering by advising client not to tell Federal Bureau of Investigation agents about drug money, provided to Internal Revenue Service agents false information about drug money, and willfully failed to file federal income tax returns for two years. Such conduct violated Maryland Lawyers' Rules of Professional Conduct 8.4(b) (Criminal Act), 8.4(c) (Dishonesty, Fraud, Deceit, or Misrepresentation), and 8.4(d) (Conduct That Is Prejudicial to Administration of Justice).
Greene Adkins Watts Getty Harrell, Jr. Glenn T. (Senior Judge, Specially Assigned) Battaglia, Lynne A. (Senior Judge, Specially Assigned) Raker, Irma S. (Senior Judge, Specially Assigned) JJ.
Opinion by Watts, J.
This attorney discipline proceeding involves a lawyer who, in the words of the United States Court of Appeals for the Fourth Circuit, "concocted and executed a scheme to launder drug proceeds that he obtained from a client." United States v. Blair, 661 F.3d 755, 759 (4th Cir. 2011) (per curiam), cert. denied, 567 U.S. 905 (2012). In its opinion disposing of the first appeal in the lawyer's criminal case, the Fourth Circuit set forth the facts underlying the lawyer's convictions for money laundering, witness tampering, making a false statement, and willful failure to file a federal income tax return—all of which the Fourth Circuit affirmed. See Blair, 661 F.3d at 759.
According to the Fourth Circuit, Elizabeth Nicely Simpson, a prospective client, told Walter Lloyd Blair, Respondent, a member of the Bar of Maryland, that she possessed a safe that contained drug money belonging to Anthony Rankine, who had operated a large marijuana distribution ring near Richmond, Virginia. See id. at 759-60. Among other things, Blair invented a lie regarding drug money being from a legitimate source, and told Simpson to tell the lie if anyone inquired about the drug money. See id. at 760-61. Without being asked to do so, Blair caused a corporation to be created through which Simpson could buy and sell real estate with the drug money. See id. at 761.
After agents of the Federal Bureau of Investigation ("the FBI") contacted Simpson to interview her, Blair told Simpson not to tell the FBI agents about the drug money, and to instead talk to the agents only about a car that Simpson had purchased for Rankine. See id. at 762. Blair told Simpson that, if the money came up, she should use the lie that he had made up regarding the money being from a legitimate source. See id.
In a federal court in Virginia, Blair applied for admission pro hac vice to representone of Rankine's associates as co-counsel. See id. at 763. In his pro hac vice application, Blair misrepresented that he had never been subject to disciplinary action by a bar association. See id. Contrary to Blair's application, the Supreme Court of Appeals of West Virginia had previously suspended him from the practice of law in West Virginia based on witness tampering. See id. at 763, 767.
During an investigation of the marijuana distribution ring and money laundering scheme, FBI agents discovered that Blair had failed to file federal income tax returns for two years, including the year in which he had taken some of the money from the safe for himself. See id. at 768, 761.
In the United States District Court for the District of Maryland ("the District Court"), the United States Attorney's Office for the District of Maryland filed an indictment against Blair, charging him with: nine counts of money laundering; one count each of witness tampering, obstruction of justice, and making a false statement; and two counts of willful failure to file federal income tax returns. A jury found Blair guilty of all fourteen charges. Blair's convictions came to Bar Counsel's attention.
On May 3, 2010, on behalf of the Attorney Grievance Commission, Petitioner, Bar Counsel filed in this Court a "Petition for Disciplinary or Remedial Action" against Blair, initiating Attorney Grievance Comm'n v. Walter Lloyd Blair, Misc. Docket AG No. 83, Sept. Term, 2009. In the Petition, Bar Counsel charged Blair with violating MarylandLawyers' Rules of Professional Conduct ("MLRPC")1 8.4(b) (Criminal Act), 8.4(c) (Dishonesty, Fraud, Deceit, or Misrepresentation), and 8.4(d) ().
On May 3, 2010, this Court issued a Show Cause Order, noting that Blair's convictions were for "serious crimes" as defined in former Maryland Rule 16-701(k),2 and directing Blair to show cause why he should not be suspended immediately from the practice of law in Maryland until further order of the Court. On June 8, 2010, Blair filed a response to the Show Cause Order in which he requested that this Court refrain from suspending him from the practice of law until the Fourth Circuit, and possibly the Supreme Court, disposed of the direct appeal in his criminal case.
On July 21, 2010, this Court issued an Order suspending Blair immediately from the practice of law in Maryland with the invitation to request reconsideration if the FourthCircuit ruled in his favor. See Attorney Grievance Comm'n v. Blair, 415 Md. 119, 120, 999 A.2d 182, 182 (2010). In addition to the action taken by this Court, the District of Columbia Court of Appeals summarily disbarred Blair based on his conviction for witness tampering. See In re Blair, 40 A.3d 883, 884 (D.C. 2012) (per curiam). On September 21, 2011, the Fourth Circuit affirmed thirteen of Blair's convictions, but reversed the conviction for obstruction of justice due to insufficient evidence, and remanded the case for resentencing. See Blair, 661 F.3d at 759, 775.
On remand, the District Court resentenced Blair to an aggregate sentence of ninety-seven months of imprisonment, three years of supervised release, and a $100,000 fine. On or about July 11, 2017, Blair was released from federal custody. On December 1, 2017, Blair filed with this Court a Petition for Reinstatement, in which, for the first time, he informed this Court and Bar Counsel of the opinion in which the Fourth Circuit disposed of the first appeal in his criminal case by affirming thirteen of his convictions.
On January 30, 2018, Bar Counsel filed a Response in Opposition to the Petition for Reinstatement, contending that the Petition for Reinstatement was not ripe because there had not yet been a final disposition in this attorney discipline proceeding. On the same date, Bar Counsel filed a Motion for Final Disposition or, in the Alternative, Further Proceedings in this attorney discipline proceeding. Bar Counsel recommended that we disbar Blair based on the serious crimes of which he was convicted. On February 1, 2018, Blair filed a Reply to the Motion for Final Disposition or, in the Alternative, Further Proceedings, requesting that we deny Bar Counsel's request for disbarment and, in the alternative, that this Court order "further proceedings . . . in such form as this Court deemsappropriate[.]"
On April 25, 2018, Bar Counsel filed a Recommendation for Sanction, again recommending that we disbar Blair and deny the Petition for Reinstatement. On May 7, 2018, Blair filed a Renewed Petition for Reinstatement and Response to the Attorney Grievance Commission's Recommendation for Sanction, again requesting that we reinstate him to the practice of law in Maryland.
On May 31, 2018, we heard oral argument. For the below reasons, we disbar Blair.
On October 3, 1996, this Court admitted Blair to the Bar of Maryland.
In Blair, 661 F.3d 755—the opinion in which the Fourth Circuit handled the first appeal in Blair's criminal case—the Fourth Circuit described the events that gave rise to his convictions. Specifically, according to the Fourth Circuit, in 2003, a man named Rankine operated a large marijuana distribution ring near Richmond. See id. at 759. In August 2003, Simpson bought a Cadillac for Rankine. See id. Rankine provided Simpson with $18,000 for the down payment, and promised to reimburse her for the remainder of the Cadillac's cost. See id. Despite the Cadillac being titled in Simpson's name, Rankine, not Simpson, used the Cadillac. See id. Shortly after Simpson bought the Cadillac, her sister, Janet, asked her to store at her house a safe that belonged to Rankine. See id. Although Simpson knew that Rankine was a marijuana distributor, she agreed to store the safe at her house. See id. Rankine brought his safe to Simpson's house, but did not provide her with a key or combination number for the safe. See id.
In Fall 2003, Tasha Robinson, Rankine's girlfriend, was found dead in his home in Richmond. See id. Initially, the whereabouts of Rankine, as well as Robinson's son, were unknown. See id. Within weeks, Rankine and Robinson's son were also found dead. See id. Around this time, Simpson learned that Rankine's safe contained drug money, and believed that she may have been in danger. See id. Simpson began to receive threats about the drug money in Rankine's safe, and a coworker advised Simpson to contact a criminal defense lawyer. See id. at 760. On November 4, 2003, Simpson telephoned Blair and told him that she possessed a safe with drug money that belonged to Rankine, that Robinson had been murdered, and that Rankine was missing. See id. Blair warned Simpson that the telephonic conversation might not be secure, told her not to say anything else, and requested that she come to his office later that day. See id.
Simpson and Michael Henry, her coworker, went to Blair's office. See id. Simpson again told Blair that she possessed a safe with drug money that...
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