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In re McGowan

DISTRICT OF COLUMBIA COURT OF APPEALS


June 5, 2003

IN RE G. RICO MCGOWAN, RESPONDENT A MEMBER OF THE BAR OF THE DISTRICT OF COLUMBIA COURT OF APPEALS ON REPORT AND RECOMMENDATION OF THE

Board on Professional Responsibility (BDN 116-02)

Before Terry and Glickman, Associate Judges, and Belson, Senior Judge.

The opinion of the court was delivered by: Per Curiam

Submitted May 22, 2003

On March 7, 2002, the Maryland Court of Appeals disbarred respondent, G. Rico McGowan, for misappropriation and other ethical violations that occurred in his handling of several real estate settlements. Specifically, the Maryland court found that respondent had failed to record deeds of trust, issued title insurance binders without authority to do so, and failed to account for closing costs and fees entrusted to him. Attorney Grievance Commission v. McGowan, Misc. No. AG-4 (Md. March7, 2002) (unreported).

Bar Counsel filed with this court a certified copy of the Maryland disbarrment order. This court then temporarily suspended respondent, pursuant to D.C. Bar Rule XI, § 11 (d), *fn1 and referred the matter to the Board on Professional Responsibility ("the Board"). The Board has now recommended that respondent be reciprocally disbarred. Bar Counsel has informed the court that she takes no exception to the Board's recommendation. Respondent did not participate in the Maryland proceedings, did not participate in the proceedings before the Board, and has not filed in this court any opposition to the Board's recommendation. *fn2

Given our limited scope of review and the presumption in favor of identical reciprocal discipline, we adopt the Board's recommendation. See In re Goldsborough, 654 A.2d 1285, 1288 (D.C. 1995); In re Zilberberg, 612 A.2d 832, 834 (D.C. 1992); In re Addams, 579 A.2d 190, 191 (D.C. 1990) (en banc) (disbarrment is the only appropriate sanction in "virtually all cases" of intentional or reckless misappropriation); D.C. Bar Rule XI, § 11 (f). Accordingly, it is

ORDERED that G. Rico McGowan is disbarred from the practice of law in the District of Columbia, effective immediately. We again direct respondent's attention to the requirements of D.C. Bar Rule XI, § 14 (g) and their effect on his eligibility for reinstatement. See D.C. Bar Rule XI, § 16 (c).


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