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¶8 In addition, SCR 22.29(4) sets
forth related requirements that a petition
for reinstatement must show. All of these
additional requirements are effectively
incorporated into SCR 22.31(1).
¶9 Here, the referee concluded that
Attorney Sostarich had met all of the
criteria for reinstatement, including
compliance with repayment obligations, and
has met his burden of demonstrating that
his license to practice law in Wisconsin
should be reinstated. The referee
specifically noted that "the prior
misconduct, for which Mr. Sostarich was
sanctioned, is really an aberration in his
life as an attorney, and not part of a
pattern of improper behavior."
¶10 We note further that Attorney
Sostarich cooperated fully in the
underlying federal criminal proceeding,
self-reported his conviction to the OLR,
and is complying fully with the criminal
penalties imposed upon him in the criminal
proceeding. On March 11, 2005, Attorney
Sostarich was sentenced in federal court to
three years probation, conditioned on 150
days of home confinement with the usual
conditions of home confinement, including
electronic monitoring. He was also ordered
to pay restitution to the Police Athletic
League in the amount of $42,649 and to
perform 75 hours of community service. We
note that during the sentencing proceeding
in the federal court, the sentencing judge
considered Attorney Sostarich's significant
health concerns, commented that there was
no real financial gain to Attorney
Sostarich, and commented very favorably on
Attorney Sostarich's otherwise stellar
record of community and public service.
¶11 After careful review of the record
we agree that Attorney Sostarich has
established by clear, satisfactory, and
convincing evidence that he has satisfied
all the criteria necessary for
reinstatement. We note further that he was
suspended for a period of 18 months and his
license has now been under suspension
nearly two years.
¶12 Accordingly, we adopt the referee's
findings of fact and conclusions of law and
we accept the referee's recommendation to
reinstate Attorney Sostarich's license to
practice law in Wisconsin. We direct
Attorney Sostarich to pay the costs of this
reinstatement proceeding, which total
$2022.35 as of March 2, 2006.
¶13 IT IS ORDERED that the petition for
reinstatement of the license of Mark E.
Sostarich to practice law in Wisconsin is
granted, effective the date of this order.
¶14 IT IS FURTHER ORDERED that within
six months of the date of this order Mark
E. Sostarich pay to the Office of Lawyer
Regulation the costs of this proceeding.
If the costs are not paid within the time
specified, and absent a showing to this
court of his inability to pay the costs
within that time, the license of Mark E.
Sostarich to practice law in Wisconsin
shall be suspended until further order of
the court.
¶15 DAVID T. PROSSER and LOUIS B.
BUTLER, JR., J.J. did not participate.
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