September 3, 2009
IN RE OTHA M. JACKSON, RESPONDENT.
A MEMBER OF THE BAR OF THE DISTRICT OF COLUMBIA COURT OF APPEALS (BAR REGISTRATION NO. 248393)
On Report and Recommendation of the Board on Professional Responsibility (BDN 187-08 & 284-08)
Submitted July 21, 2009
Before WASHINGTON, Chief Judge, and PRYOR and KERN, Senior Judges.
The Board on Professional Responsibility ("Board") recommends that respondent, Otha M. Jackson, be disbarred pursuant to D.C. Code § 11-2503 (a) (2001), because he was convicted of conspiracy to commit mail fraud and wire fraud in violation of 18 U.S.C. § 371, and mail fraud (aiding and abetting), in violation of 18 U.S.C. §§ 1341 and 1342 in the United States District Court of the Northern District of Ohio. Mail fraud and wire fraud are both crimes of moral turpitude per se, see In re Leffler, 940 A.2d 105, 106 (D.C. 2007) (per curiam); thus respondent's conviction of mail fraud constitutes a violation of the moral turpitude standard requiring respondent's disbarrment under the statute. Accordingly, we accept the Board's unopposed recommendation that respondent be disbarred pursuant to D.C. Code § 11-2503 (a).
Because this resolves the matter, it is unnecessary to determine whether reciprocal discipline should be imposed in light of respondent's disbarrment by the State of Ohio following his convictions. See in re Sugarman, 677 A.2d 1049, 1050 (D.C. 1996) (per curiam). Thus, the reciprocal action is dismissed as moot.
Respondent is hereby disbarred from the practice of law in the District of Columbia effective immediately. For purposes of reinstatement, the period of respondent's disbarrment shall be deemed to commence on the day respondent files an affidavit in compliance with D.C. Bar R. XI, § 14 (g).*fn1 See in re Slosberg, 650 A.2d 1329, 1331-33 ((D.C. 1994).