Professional Ethics and Conduct v. Vinyard, 02-1596.
Citation | 656 N.W.2d 127 |
Decision Date | 23 January 2003 |
Docket Number | No. 02-1596.,02-1596. |
Parties | IOWA SUPREME COURT BOARD OF PROFESSIONAL ETHICS AND CONDUCT, Complainant, v. Michael Charles VINYARD, Respondent. |
Court | United States State Supreme Court of Iowa |
Norman G. Bastemeyer and Charles L. Harrington, Des Moines, for complainant.
Peter Riley, Cedar Rapids, for respondent.
Michael C. Vinyard, an Iowa attorney, was convicted of fourteen counts of mail fraud and twelve counts of money laundering. Following Vinyard's felony convictions, the Iowa Supreme Court Board of Professional Ethics and Conduct charged Vinyard with violating several ethics rules. The Grievance Commission recommended we revoke Vinyard's license to practice law. Our review is required by Iowa Court Rule 35.10 (2002). We concur with the Commission's findings and recommendation.
Michael C. Vinyard has been a practicing attorney since 1969 in Ottumwa, Iowa. Vinyard and his brother, James Vinyard (hereinafter James), devised a scheme to defraud James's employer. The scheme involved the creation of a plastics brokerage company which the brothers used to overcharge James's employer and keep the "mark-up" for themselves. Their misconduct culminated with Vinyard's indictment on thirty-two counts of felonious mail fraud and money laundering in the United States District Court for the District of South Carolina. Later, the United States Attorney dismissed six of these counts. In August 1999, after a federal trial, a jury found Vinyard guilty of fourteen counts of mail fraud and twelve counts of money laundering in violation of 18 U.S.C. §§ 1341, 1346, 1956(a)(1)(B)(i) and (2). 18 U.S.C. § 1341 provides:
Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises ... for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service ... shall be fined ... or imprisoned ... or both.
18 U.S.C. § 1341. Vinyard was also found guilty of money laundering:
18 U.S.C. § 1956(a)(1)(B)(i). Vinyard was sentenced to concurrent terms of imprisonment of seventy months and ordered to pay a special assessment of $2600 plus restitution of over $1,418,000. Vinyard is currently serving his sentence in a federal prison in South Dakota.
In 2001, the United States Court of Appeals for the Fourth Circuit affirmed Vinyard's convictions and summarized his misconduct as follows.
The Fourth Circuit further found two of Vinyard's secretaries involved with CSE business received large bonuses or severance pay, which the court found Vinyard gave them as "hush money." In 2002, the United States Supreme Court denied Vinyard's petition for writ of certiorari.
In October 2001, the Iowa Supreme Court Board of Professional Ethics and Conduct filed a complaint alleging Vinyard violated the following rules of professional responsibility: DR 1-102(A)(1) ( ); DR 1-102(A)(3) ( ); DR 1-102(A)(4) ( ); DR 1-102(A)(5) ( ); and DR 1-102(A)(6) ( ). The Commission recommended revocation of Vinyard's license to practice law.
We review attorney disciplinary proceedings de novo. Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Rauch, 650 N.W.2d 574, 576 (Iowa 2002); Iowa Ct. R. 35.10. We give respectful consideration to the Grievance Commission's findings and recommendations, but are not bound by them. Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Grotewold, 642 N.W.2d 288, 293 (Iowa 2002). The Board has the burden to prove misconduct by a convincing preponderance of the evidence. Id.
Vinyard's federal felony conviction is conclusive evidence of his misconduct warranting revocation. See Iowa Code § 602.10122(1). Vinyard violated DR 1-102(A)(1) prohibiting a lawyer from violating the ethical rules. Because Vinyard has been found guilty of the felonies of money laundering and mail fraud—crimes involving dishonest intent—he violated DR 1-102(A)(3) prohibiting a lawyer from engaging in conduct involving moral turpitude. See Comm. on Prof'l Ethics & Conduct v. Cody, 412 N.W.2d 637, 639 (Iowa 1987)
(). Conviction of these crimes constitutes violation of DR 1-102(A)(5) prohibiting a lawyer from engaging in conduct prejudicial to the administration of justice. See Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Lyzenga, 619 N.W.2d 327, 330 (Iowa 2000) ( ). Vinyard's perpetration of fraud violated DR 1-102(A)(4) and (6) providing a lawyer shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation or conduct adversely reflecting on one's fitness to practice law. See Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Morris, 604 N.W.2d 653, 655 (Iowa 2000) ( ); Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Palmer, 563 N.W.2d 634, 635 (Iowa 1997) ( ); Comm. on Prof'l Ethics & Conduct v. Shepler, 519 N.W.2d 92, 93 (Iowa 1994).
In determining the appropriate sanction, we consider the nature of the violations, "the need for deterrence, protection of the public, maintenance of the reputation of the bar as a whole, and the respondent's fitness to continue to practice law." Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Stein, 603 N.W.2d 574, 576 (Iowa 1999). When we examine a lawyer's fitness to practice law, we consider more than legal competence. A lawyer must avoid criminal conduct that undermines the public's confidence in the legal profession. See Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Marcucci, 543 N.W.2d 879, 882 (Iowa 1996)
. A lawyer's conviction of a crime reflects adversely both on the offending lawyer and all other lawyers. Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Neuwoehner, 595 N.W.2d 797, 798 (Iowa 1999). Consideration of both aggravating and mitigating factors is also appropriate in fashioning the appropriate sanction. Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Ruth, 636 N.W.2d 86, 89 (Iowa 2001).
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