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In re Zimmer

DISTRICT OF COLUMBIA COURT OF APPEALS


February 10, 1994

IN RE: ROBERT C. ZIMMER, RESPONDENT, A MEMBER OF THE BAR OF THE DISTRICT OF COLUMBIA COURT OF APPEALS

On Report and Recommendation of the Board on Professional Responsibility

Before King and Sullivan, Associate Judges, and Belson, Senior Judge.

The opinion of the court was delivered by: Per Curiam

PER CURIAM: This matter is before the court on the Report and Recommendation of the Board on Professional Responsibility ("the Board") that respondent be disbarred, effective September 30, 1992, based upon his guilty plea to one count of mail fraud, in violation of 18 U.S.C. § 1341, and one count of aiding and abetting a misapplication of bank funds, in violation of 18 U.S.C. § 656. *fn1 We agree with the Board's recommendation and order respondent's disbarrment pursuant to D.C. Code § 11-2503 (a) (1989) (disbarment required for conviction of crime involving moral turpitude).

By order of July 27, 1992, we suspended respondent from the practice of law, pursuant to D.C. Bar R. XI, § 10 (c), and referred the matter to the Board to institute a formal proceeding to determine what sanction should be applied, and whether the convictions constituted offenses of moral turpitude. The Board found that while there was doubt whether the offense of aiding and abetting misapplication of bank funds required disbarrment pursuant to § 11-2503 (a), the offense of mail fraud did involve moral turpitude per se. See In re Bond, 519 A.2d 165, 166 (D.C. 1986). We agree. See In re Mirrer, 632 A.2d 117, 118 (D.C. 1993) (a crime involving an intent to defraud is a crime involving moral turpitude) (citation omitted). The Board, therefore, recommended that respondent be disbarred.

Applying the standard of review set forth in D.C. Bar R. XI, § 9 (g), we adopt the Board's recommendation that respondent be disbarred pursuant to D.C. Code § 11-2503 (a). *fn2

ORDERED that respondent, Robert C. Zimmer, be disbarred from the practice of law in the District of Columbia, effective September 30, 1992, *fn3 with reinstatement to be subject to proof of rehabilitation and other requirements of D.C. Bar R. XI, § 16.

So Ordered.


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