Romero-Barcelo v. Acevedo-Vila

• Decision Date: 31 July 2003
• Docket Number: No. 00-091(JAF).,00-091(JAF).
• Citation: 275 F.Supp.2d 177
• Parties: Carlos ROMERO-BARCELO, Petitioner, v. Anibal ACEVEDO-VILA, Respondent.
• Court: U.S. District Court — District of Puerto Rico

Page 177

275 F.Supp.2d 177

Carlos ROMERO-BARCELO, Petitioner, v. Anibal ACEVEDO-VILA, Respondent.

No. 00-091(JAF).

United States District Court, D. Puerto Rico.

July 31, 2003.

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Edward Borges, Esq., Jane Becker Whitaker, Esq., Borges Law Center, PSC, San Juan, for Petitioner's.

Harry Anduze Montaño, Esq., San Juan, Johanna Emmanuelli Huertas, Esq., Law Offices of Pedro Ortiz Alvarez, Ponce, for Respondent's.

OPINION AND ORDER

FUSTE, District Judge.

On June 23, 2000, Carlos Romero-Barceló ("Petitioner Romero-Barceló"), filed a motion requesting disbarment of Aníbal Acevedo-Vilá ("Respondent Acevedo-Vilá"). After evidentiary and formal disciplinary hearings, a Panel ("Panel") appointed by this court rendered its Report and Recommendation ("Report") on April 16, 2003. Docket Document No. 67. The Panel recommended that Respondent be publicly reprimanded for violations of Rule 8.4 and 3.1 of the Model Rules of Professional Conduct. Respondent Acevedo-Vilá opposed the Report, raising objections to the proceedings and the Report's conclusions. Docket Document 70. After a careful review of the entire record, we recommend that the district judges of this court issue a public reprimand.

Duty compels us to adjudicate this legal dispute brought by two attorneys who happen to be political rivals. We note with disillusion and dismay the depths to which public discourse has fallen, and we hope, though indications are to the contrary, that this court is seldom, if ever, used to resolve matters that are best left to other arenas. That said, we will not shirk our responsibility to enforce the highest standards of ethical conduct for any individual who wishes to practice before this Federal District Court.

It is a fair characterization of the lawyer's responsibility in our society that he stands "as a shield," . . . in defense of right and to ward off wrong. From a profession charged with such responsibilities there must be exacted those qualities of truth-speaking, of a high sense of honor, of granite discretion, of the strictest observance of fiduciary responsibility, that have, throughout the centuries, been compendiously described as "moral character."

Schware v. Bd. of Bar Exam's, 353 U.S. 232, 247, 77 S.Ct. 752, 1 L.Ed.2d 796 (1957) (Frankfurter, J., concurring).

We have addressed the issues before us with Justice Frankfurter's words in mind, in order, not to play party politics, but to preserve the integrity of the Bar. We strongly urge the other judges of the court to adopt a similar stance, so that the message can be sent loud and clear. Unethical conduct will not be tolerated, no matter how it arises, or who is involved.

I. Factual and Procedural Synopsis

To review the origins of this matter, we largely reiterate the Panel's factual synopsis, expounding where appropriate. See Docket Document 63.

In June 2000, Petitioner Romero-Barceló filed a petition for disbarment. At the time, Respondent Acevedo-Vilá was the minority leader of the Popular Democratic Party's ("PDP") delegation in the Puerto Rico House of Representatives. He was also a candidate in the November 2000 elections for the federal position of Resident Commissioner of the Commonwealth of Puerto Rico in the United States House of Representatives, a position which he subsequently secured. Complainant Romero-Barceló opposed Respondent Acevedo-Vilá in these elections as the incumbent Resident Commissioner, representing the New Progressive Party ("NPP"). Both men were, and are, attorneys-at-law in Puerto Rico and members of the Bar of the United States District Court for the District of Puerto Rico.

Respondent Acevedo-Vilá has been an attorney since 1985 and was a member of the Puerto Rico House of Representatives from 1992 through 2000. Beginning in 1997, as Speaker for the Minority at the House of Representatives, Respondent Acevedo-Vilá became actively involved in monitoring governmental action related to the implementation of the Puerto Rico Health Reform Act, Law 190 ("Law 190"). ACT TO REGULATE THE GOVERNMENT HEALTH INSTALLATIONS PRIVATIZATION PROCESS, 1996 P.R. Laws 190. Law 190 granted the Puerto Rico Department of Health and the Government Development Bank ("GDB") the authority to design, establish, and carry out the procedures and provisions for the sale of Diagnostic and Treatment Centers ("DTC") to private entities.

While Respondent Acevedo-Vilá knew that the Health Department and the GDB were legally authorized and empowered to conduct and control the privatization process and sale of the DTCs, Respondent was concerned that several DTCs had been sold for a price either below the amount of public debt held by the DTC, or below their appraisal/market value. Respondent exchanged communications with the Puerto Rico Comptroller, Manuel Díaz Saldaña ("Comptroller Díaz Saldaña"), and other government representatives, and made public his disagreement with the process of privatization of the DTCs.

Sometime during the month of September 1999, Respondent Acevedo-Vilá received three sworn statements, dated August 27, 28, and 30, 1999 ("Sworn Statements"), by Andrés Sánchez-Delgado ("Sánchez-Delgado"). The statements were made as part of Sánchez-Delgado's efforts to file a civil action against his employer, Dr. Carlos Juan Rodríguez Mateo, a politician affiliated with the NPP and a prominent physician, alleging wrongful termination of employment and sexual harassment. Sánchez-Delgado narrated in detail a series of events, of which he claimed to have personal knowledge, involving Petitioner Romero-Barceló. Specifically, Sánchez-Delgado alleged that he delivered $175,000 to one of Romero-Barceló's personal aides, Mr. Domingo García ("Domingo García"). According to the August 27 and 28 statements, the delivery took place at a political activity being held in Guayama, Puerto Rico, in connection with a December 1998 plebiscite. Sánchez-Delgado averred that the $175,000 belonged to Dr. Rodríguez Mateo, and that the money was a "gift" for Romero-Barceló in exchange for his alleged assistance and/or intervention in favor of Dr. Rodríguez-Mateo's acquisition of a DTC in Salinas, Puerto Rico ("Salinas DTC"). Petitioner's alleged intervention was to be on behalf of a corporation called Med-Sur, of which Dr. Rodríguez Mateo is an officer, and to which the bid for the Salinas DTC was eventually awarded.

Respondent Acevedo-Vilá and his assistant, Attorney Carlos Ruiz ("Attorney Ruiz"), assert that Sánchez-Delgado's sworn statements were thoroughly examined and analyzed by Respondent Acevedo-Vilá and his assistants, and that Respondent's assistants compiled public documents related to the sale of the Salinas DTC and any political contributions made to Romero-Barceló by Dr. Rodríguez Mateo or persons related to him. Both Attorney Ruiz and Respondent Acevedo-Vilá were able to confirm certain facts alleged by Sánchez-Delgado in his Sworn Statements including, inter alia, that Petitioner Romero-Barceló had contacted the GDB during the bidding process, that the Salinas DTC was sold for less than the appraisal value, and that the father of Dr. Rodríguez Mateo was a member of Petitioner Romero-Barceló's security escort.

On or around September 27, 1999, Respondent Acevedo-Vilá held a news conference denouncing the sale of the Salinas DTC at 48% of its book value of $2,379,987 and 55.5% of the $2,073,134 debt that the Puerto Rico Health Department had with government bondholders. Respondent Acevedo-Vilá requested that the GDB investigate the statements made by Sánchez-Delgado regarding Petitioner's alleged intervention on behalf of Med-Sur in the acquisition of the Salinas DTC. Respondent Acevedo-Vilá also issued a press release, in which he suggested that the information provided by Sánchez-Delgado, along with that reflected in documents disclosed by the GDB "raised serious questions about the sale of the Salinas DTC." Respondent Acevedo-Vilá also noted that the DTC was sold during a year in which a plebiscite was held in Puerto Rico, and suggested the possibility of an NPP scheme to promote the sale of DTCs below market price in exchange for diverting funds to the NPP campaign.

Petitioner Romero-Barceló denied Sánchez-Delgado's statements, and countered that he did not remember talking to Dr. Rodríguez-Mateo about the Salinas DTC. His assistant, Domingo García, acknowledged that he had talked to Dr. Rodríguez-Mateo about the purchase of the Salinas DTC, and also admitted that he called the GDB inquiring on the status of the transaction.

During the same time period, members of the PDP, Respondent Acevedo-Vilá's political party, were denouncing prior attempts by Sánchez-Delgado to offer false testimony against PDP leaders and warning others about Sánchez-Delgado's lack of credibility. Respondent Acevedo-Vilá attempted to determine whether Sánchez-Delgado's testimony was credible by contacting Attorney David Noriega, a political analyst who interviewed Sánchez-Delgado at a radio talk show. Attorney Noriega's opinion was that Sánchez-Delgado appeared to be credible and knowledgeable of facts regarding personal and family activities of Dr. Rodríguez-Mateo. Respondent Acevedo-Vilá, however, could not confirm that this conversation about Sanchez-Delgado's credibility happened before he filed the complaint with the Federal Elections Commission ("FEC") that gave rise to this matter.

A flurry of press releases by Respondent Acevedo-Vilá followed. On September 30, 1999, Respondent distributed a press release, calling upon Petitioner Romero-Barceló to explain, inter alia, his "connections with Dr. Carlos Rodríguez Mateo, whom it is alleged made an illegal contribution of $175,000 to [Romero-Barceló's] re-election campaign . . ." On October 6, 1999, Respondent Acevedo-Vilá issued another press release requesting that Comptroller Díaz Saldaña investigate the sale of DTCs sold below appraisal...