October 23, 2014
IN RE JOSEPH J. O'HARA, RESPONDENT
Submitted October 1, 2014.
A Suspended Member of the Bar of the District of Columbia Court of Appeals. (Bar Registration No. 362581). On Report and Recommendation of the Board on Professional Responsibility. (BDN-249-13).
Before GLICKMAN and EASTERLY, Associate Judges, and PRYOR, Senior Judge.
The Board on Professional Responsibility recommends that we disbar Respondent Joseph J. O'Hara because Mr. O'Hara was convicted of conspiracy to commit mail fraud and deprivation of honest services in violation of 18 U.S.C. § § 1341, 1346, and 1349. Mr. O'Hara did not file a brief with the Board of Professional Responsibility opposing disbarment and he has not filed a brief with this court.
This court must disbar an attorney who has committed a crime of moral turpitude. D.C. Code § 11-2503 (a); In re Colson, 412 A.2d 1160, 1164-65 (D.C. 1979) (en banc). This court has previously acknowledged that mail fraud and deprivation of honest services under 18 U.S.C. § § 1341, 1346 are crimes of moral turpitude per se. In re Evans, 793 A.2d 468, 469 (D.C. 2002); In re Ferber, 703 A.2d 142, 142-43 (D.C. 1997); In re Juron, 649 A.2d 836, 836-37 (D.C. 1994). Conspiracy to commit mail fraud is also a crime of moral turpitude per se. In re Brown, 80 A.3d 1043, 1044 (D.C. 2013). We therefore adopt the recommendation of the Board that Mr. O'Hara be disbarred.
Mr. O'Hara is disbarred from the practice of law in the District of Columbia. For purposes of reinstatement, the period of disbarment shall run from the date that Mr. O'Hara files his affidavit in accordance with District of Columbia Bar Rule XI, § 14 (g).