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In re Nguyen

DISTRICT OF COLUMBIA COURT OF APPEALS


July 16, 2009

IN RE: BADA PHU NGUYEN, RESPONDENT.

Per curiam.

Bar Registration No. 462080

BDN: 105-09

BEFORE: Ruiz and Glickman, Associate Judges, and Terry, Senior Judge.

ORDER

On further consideration of the certified copy of the Virginia State Disciplinary Board's order accepting respondent's consent to the revocation of his license to practice law, this court's May 11, 2009, order directing respondent to show cause why identical discipline should not be imposed, his response thereto, and the Statement of Bar Counsel regarding reciprocal discipline, and it appearing that respondent has not filed the affidavit required by D.C. Bar R. XI, § 14 (g), it is

ORDERED that Bada Phu Nguyen is hereby disbarred. Although respondent filed a response to this court's order to show cause, his response failed to establish the existence of any exceptions under D.C. Bar. R. XI, § 11 (c). Nor may respondent re-litigate the factual basis for his discipline in another jurisdiction. In re Fuchs, 905 A.2d 160 (D.C. 2006). Finally, respondent's misappropriation in Virginia would also constitute misconduct in this jurisdiction, see D.C. R. Prof. Cond. 1.15 (a), disbarrment here is the functional equivalent of revocation in Virginia, In re Laibstain, 841 A.2d 1259, 1264 (D.C. 2004), and disbarrment is within the range of sanctions we impose for misappropriation. In re Addams, 579 A.2d 190, 191 (D.C. 1990) (en banc). It is

FURTHER ORDERED that for purposes of reinstatement respondent's disbarrment will not begin to run until he files an affidavit that fully complies with the requirements of D.C. Bar. R. XI, § 14 (g).

20090716

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