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ATTORNEY disciplinary
proceeding. Attorney's license
suspended.
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¶1 PER CURIAM. We review the report
of the referee recommending that Attorney
Keith R. Hughes' license to practice law in
Wisconsin be suspended for three years for
professional misconduct. No appeal has been
filed.
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¶2 On November 6, 2007, the Office of
Lawyer Regulation (OLR) filed a single count
disciplinary complaint alleging that
Attorney Hughes' criminal conduct reflected
adversely on his honesty, trustworthiness,
or fitness as a lawyer in other respects, in
violation of SCR 20:8.4(b). Allan Beatty
was appointed referee.
¶3 The violation arises out of the
charge against Attorney Hughes for the
felony of conspiracy to commit offense or to
defraud the United States, in violation of
18 U.S.C. § 371. We adopt the referee's
report and recommendation and conclude that
the seriousness of Attorney Hughes'
misconduct warrants suspension of his
license to practice law for three years.
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¶4 Attorney Hughes was admitted to
practice law in Wisconsin in 1989 and
practiced in Eagle River. In 1999 he
consented to a private reprimand for
incompetence and obtaining from a client a
prospective malpractice waiver. On
September 11, 2007, this court summarily
suspended Attorney Hughes' license to
practice law in Wisconsin pursuant to SCR
22.20. See Office of Lawyer
Regulation v. Hughes, Case No. 2007XX913-
D. His license remains suspended.
¶5 In December 2006 Attorney Hughes
entered a plea agreement whereby he agreed
to plead guilty to conspiracy to commit
offense or to defraud the United States, in
violation of 18 U.S.C. § 371. On April 18,
2007, Attorney Hughes entered his guilty
plea and was found guilty. He was sentenced
to a prison term of one year and one day.
¶6 The plea agreement said that between
November 2002 and November 2003, Attorney
Hughes' creditors wrote off as bad debt or
referred to collection agencies
approximately 28 of Attorney Hughes' credit
card loans, resulting in over $270,000 in
principal debt plus additional unpaid fees
and interest. The federal sentencing
transcript indicates that Attorney Hughes
conspired with his girlfriend to use the
proceeds of the credit card loans, without
repayment, to purchase a house in Gulf
Shores, Alabama. According to the plea
agreement, Attorney Hughes agreed to pay
restitution as ordered by the federal court
for at least the principal amounts owed to
the credit card issuers and their assignees
for the credit card debts he incurred in the
course of the conspiracy to which he pled
guilty. The court ordered $146,100 in
restitution.
¶7 After reviewing the federal
sentencing transcript, the OLR recommended a
three-year license suspension. Although the
offense to which he pled was serious, the
mitigating circumstances discussed at
sentencing involved Attorney Hughes'
immediate cooperation with authorities. In
short, he cooperated fully in the
investigation and successful prosecution of
the co-conspirator and provided documentary
evidence to corroborate his account of the
scheme. The federal prosecutor observed
that Attorney Hughes' assistance was
significant, his testimony was truthful, and
he had accepted responsibility. The
prosecutor said that Attorney Hughes should
be rewarded for the extraordinary steps he
had taken to pay a significant amount of
restitution after being charged and before
sentencing.
¶8 The OLR and Attorney Hughes
stipulated that a three-year suspension of
Attorney Hughes' license to practice law in
Wisconsin (effective September 11, 2007, the
date of the summary suspension) would be
appropriate. They stipulated that Attorney
Hughes should be responsible for the cost of
the disciplinary proceeding.
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¶9 The stipulation states it is not the
result of a plea bargain but reflects the
OLR's measured consideration of information
not available earlier. The stipulation also
states that every averment of the
disciplinary complaint is true and accurate,
specifically that Attorney Hughes committed
professional misconduct because his criminal
conduct reflects adversely on his honesty,
trustworthiness, or fitness as a lawyer in
other respects, in violation of SCR 20:8.4
(b).
¶10 Referee Beatty adopted the fact
portion of the parties' stipulation and
concluded Attorney Hughes violated SCR 20:8.4
(b), as alleged in count one of the
disciplinary complaint. The referee
recommends a three-year suspension of
Attorney Hughes' license to practice law in
Wisconsin, retroactive to September 11,
2007. Referee Beatty also recommends
Attorney Hughes pay the cost of the
disciplinary proceeding. On June 26, 2008,
the OLR submitted a statement of costs in
the amount of $1,185.08.
¶11 We adopt the referee's findings and
conclusions set forth in his report and
accept his recommendation. Attorney Hughes'
misconduct is a serious violation warranting
license suspension. A three-year license
suspension together with the imposition of
the full cost of this proceeding is
justified. This court takes into account
the mitigating factors discussed in the
federal sentencing transcript, which include
Attorney Hughes' restitution attempts and
his immediate and full cooperation with
authorities.
¶12 A three-year suspension is
commensurate with discipline imposed in
other cases. For example, this court
suspended Attorney Brian Burke's license for
a period of two years, retroactive to
January 3, 2006, after disciplinary
proceedings were instituted following his
conviction for misconduct in public office,
a Class E felony, and obstructing an
officer, a Class A misdemeanor. See
In
re
Disciplinary Proceedings Against Burke,
2007
WI 46, ¶6, 300 Wis. 2d 198, 730 N.W.2d 651.
This court suspended Attorney Michael A.
Gral's license for three years related to a
federal criminal conviction for mail fraud.
The federal court had sentenced Gral to two
years imprisonment and a $50,000 fine.
See
In re Disciplinary Proceedings Against
Gral,
2007 WI 22, 299 Wis. 2d 160, 727 N.W.2d
495. In 2005 Attorney Mark E. Sostarich
received an 18-month suspension for his
conviction of the crime of conspiracy of
sharing legal fees paid by his client with
Gary George as part of a larger conspiracy.
See In re Disciplinary Proceedings
Against
Sostarich, 2005 WI 97, 282 Wis. 2d 712,
698
N.W.2d 711.
¶13 IT IS ORDERED that the license of
Keith R. Hughes to practice law in Wisconsin
is suspended for a period of three years,
effective the date of his summary license
suspension, September 11, 2007.
¶14 IT IS FURTHER ORDERED that to the
extent he has not done so already, Keith R.
Hughes shall comply with SCR 22.26
concerning the duties of a person whose
license to practice law in Wisconsin has
been suspended.
¶15 IT IS FURTHER ORDERED that within
one year of the date of this order Keith R.
Hughes pay to the Office of Lawyer
Regulation the cost of this proceeding. If
the cost of this proceeding is not paid
within the time specified and absent a
showing to this court of his inability to
pay within that time, the license of Keith
R. Hughes to practice law in Wisconsin shall
remain suspended until further order of this
court.
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