In re Frattini
Annotate this Case
In re Frattini (2001-397); 173 Vt. 451; 787 A.2d 488
[Filed 26-Sep-2001]
ENTRY ORDER
SUPREME COURT DOCKET NO. 2001-397
SEPTEMBER TERM, 2001
In re William L. Frattini } Original Jurisdiction
}
} From Professional
} Responsibility Board
}
}
} DOCKET NO. 2001-078
In the above-entitled cause, the Clerk will enter:
The resignation of William L. Frattini from the Bar of the Vermont
Supreme Court is accepted subject to the terms and conditions of
Administrative Order 9, Rule 19. It is hereby ordered that William L.
Frattini is disbarred from the office of attorney and counselor at law.
William L. Frattini is reminded that he must comply with A.O. 9, Rule
23.
BY THE COURT:
_______________________________________
Jeffrey L. Amestoy, Chief Justice
_______________________________________
John A. Dooley, Associate Justice
_______________________________________
James L. Morse, Associate Justice
_______________________________________
Denise R. Johnson, Associate Justice
_______________________________________
Marilyn S. Skoglund, Associate Justice
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STATE OF VERMONT
PROFESSIONAL RESPONSIBILITY BOARD
In Re: William L. Frattini, Esq.
PRB File No. 2001.078
AFFIDAVIT OF RESIGNATION
NOW COMES William L. Frattini and, pursuant to Rule 19(A) of
Administrative Order 9, hereby submits this affidavit of resignation. In
so doing, and being duly sworn, I hereby depose and state as follows:
1. I am an attorney licensed to practice law in the State of Vermont.
2. I desire to resign my license to practice law in the State of
Vermont.
3. My resignation is being rendered freely and voluntarily.
4. In submitting my resignation, I am not being subjected to
coercion or duress.
5. I am fully aware of the implications of submitting my
resignation.
6. I am aware that, in PRB File No. 2001.078, the Office of
Disciplinary Counsel is investigating allegations that I embezzled
about $86,537.70 from a financial institution of which I was an
officer or employee and that I evaded federal tax obligations.
7. In April of 1999, I pled guilty to, and was convicted of, three
criminal offenses in the United States District Court for the
District of Maine, said offenses being violations of 18 U.S.C. § 656
(embezzlement from a financial institution), 18 U.S.C. § 1341 (mail
fraud), and 26 U.S.C. § 7201 (tax evasion).
8. The material facts upon which these allegations are based are true.
9. I submit my resignation because I know that if the Office of
Disciplinary Counsel
pursues charges of misconduct predicated upon the conduct under
investigation that I could not successfully defend against those
charges.
10. Based on the foregoing, I freely and voluntarily resign my
license to practice law in the State of Vermont.
11. The facts recited herein are based on my personal knowledge.
DATED at _______________________, Maine, this ____ day of August, 2001.
________________________________
William L. Frattini
STATE OF MAINE
COUNTY OF _______________________, SS
Subscribed and sworn to before me this ____ day of August, 2001.
_________________________________
Notary Public
My commission expires: __________
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STATE OF VERMONT
PROFESSIONAL RESPONSIBILITY BOARD
In Re: William L. Frattini, Esq.
PRB File No. 2001.078
STATEMENT OF FACTS
NOW COMES Beth DeBernardi, Deputy Disciplinary Counsel, and pursuant
to Administrative Order 9, Rule 19(B), hereby submits the following facts,
in addition to the facts set forth in the respondent's affidavit of
resignation:
1. During the 1990's, respondent worked at a financial
institution in the State of Maine.
2. As set forth in respondent's affidavit of resignation,
in April of 1999, Respondent pled guilty to, and was convicted
of, three criminal offenses in the United States District Court
for the District of Maine, said offenses being violations of 18
U.S.C. § 656 (embezzlement from a financial institution), 18
U.S.C. § 1341 (mail fraud), and 26 U.S.C. § 7201 (tax evasion).
3. The facts set forth in respondent's affidavit support
a violation of DR 1-102(A)(3), which provides that a "lawyer
shall not . . . [e]ngage in illegal conduct involving a serious
crime." The crimes of which Respondent stands convicted are
"serious crimes" for purposes of DR 1-102(A)(3), as they meet the
definition of "serious crime" set forth in the Code of
Professional Responsibility, definition section, item 5.
4. Respondent was sentenced to imprisonment for a term of
fifteen (15)
months on the embezzlement count and a term of six (6) months on
the mail fraud count, to be served concurrently; Respondent is
subject to supervised release thereafter for a term of sixty (60)
months; and Respondent has been ordered to make restitution to
three different parties, as follows: Border Trust Company,
$86,537.70; Centennial Life Liquidation, $106,663.79; and the
Internal Revenue Service, $12,875.00; for a total of $206,076.49.
5. Respondent was incarcerated at the federal prison camp
known as FPC Schuylkill, located in Minersville, Pennsylvania,
from May 10, 1999 through September 12, 2000, at which time he
was released.
6. Upon his release from FPC Schuylkill, respondent
became subject to supervised release. He is presently under the
supervision of the U.S. Probation Office located in Portland,
Maine.
7. This statement of facts may be considered in any
reinstatement proceeding, as provided in A.O. 9, Rule 19(B).
DATED at Burlington, Vermont, this 23rd day of August, 2001.
Respectfully submitted,
_______________________
Beth DeBernardi
Deputy Disciplinary Counsel
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