IN THE SUPREME COURT OF FLORIDA (Before a Referee)

Transcription

1 IN THE SUPREME COURT OF FLORIDA (Before a Referee) IN RE: PETITION FOR REINSTATEMENT Case No. SC08-75 TFB No ,835(13B)(HRE) OF PEDRO GILBERTO VELEZ, JR., Petitioner. / REPORT OF REFEREE ON PETITION FOR REINSTATEMENT I. Summary of Proceedings: By Order dated January 30, 2008, the undersigned was duly appointed referee to preside in the reinstatement proceedings herein, pursuant to the Rules Regulating The Florida Bar. A case management conference was conducted March 19, 2008, and a final evidentiary hearing was held June 5, The Florida Bar and Petitioner entered into a Stipulation that reflects the agreement of the parties regarding the Bar s investigation and the conditions to be imposed upon Petitioner s reinstatement. The pleadings, exhibits, original Stipulation, Affidavit of Costs and all other papers filed with the undersigned are forwarded herewith to the Supreme Court of Florida and constitute the record in this case. Based on the evidence presented at the final hearing and the Stipulation of the parties, I recommend that the Petitioner be reinstated to the practice of law in Florida forthwith, with conditions stated herein. The following attorneys appeared as counsel for the parties: For The Florida Bar: For Petitioner: Henry Lee Paul Scott Kevork Tozian Debra Joyce Davis 1

2 II. Findings of Fact: Based on the evidence presented at the final hearing, including the testimony of Myer John Cohen, Esquire, Executive Director of Florida Lawyers Assistance, Inc. (FLA), Darrin T. Mish, Esquire (Petitioner s tax attorney) and Petitioner, along with all exhibits, and the uncontroverted assertions set forth in the Petition and the Stipulation of agreed facts, I find as follows: A. By order dated December 14, 2006, Petitioner was suspended for eighteen (18) months, nunc pro tunc to June 19, B. The Florida Bar conducted a thorough investigation of the Petition for Reinstatement of Pedro Gilberto Velez, Jr. and discovered no evidence upon which denial of reinstatement may be based. (See Stipulation dated June 5, 2008). C. Petitioner has made a successful effort at rehabilitation. He has been compliant with all conditions imposed by Florida Lawyer s Assistance, Inc. (FLA). In a letter dated August 28, 2007, Myer J. Cohen, Esquire, Executive Director of Florida Lawyers Assistance, Inc. wrote: Based on his compliance since entering treatment in August 2005, it is FLA s opinion that Mr. Velez s chemical dependency is in remission by virtue of the recovery program he has implemented in his life, and that his prognosis is good so long as he maintains that program and support system. FLA supports Mr. Velez s request for reinstatement to the practice of law with probationary conditions. (See Petition for Reinstatement, Exhibit O). Mr. Cohen also testified at the final hearing and opined that Mr. Velez is presently fit to be reinstated to practice law. In a letter dated October 20, 2007, R. Fairlie Brinkley, Licensed Clinical Social Worker and Certified Addiction Professional stated that Pedro has demonstrated his courage and tenacity in working with professionals and peers in the process of his rehabilitation and has set an excellent example for other recovering attorneys to follow. (See, Petition for Reinstatement, Exhibit P). Similarly, Timothy J. Sweeney, J.D., CCJAP, Recovering Attorneys Program Director at HealthCare Connection of Tampa, Inc. gave his wholehearted endorsement for reinstatement and opined that denial would be a loss for The Florida Bar, because Pedro Velez exemplifies traits we like to see in our members: courage, humility, kind heartedness, and perseverance in the face of 2

3 daunting obstacles. (See also, Petition for Reinstatement, Exhibit Q). D. Petitioner has restored family relationships. In her letter dated November 14, 2007, Petitioner s first wife Susan E. Johnson-Velez, Esquire, a member in good standing with The Florida Bar and a shareholder with Fowler White Boggs Banker, P.A., wrote that she and their two children have witnessed nothing short of Pedro s miraculous rebirth. (See Petition for Reinstatement, Exhibit E). Vivian M. Velez, Vice President Corporate Tax, Citigroup Corporation, Petitioner s second wife and the mother of his youngest son wrote a letter dated November 10, 2007, recommending reinstatement and stating that: Pedro has become a man that his children can respect. He is completely committed to his recovery and rebuilding his life. (See Petition for Reinstatement, Exhibit F). In a joint letter dated November 12, 2007, Petitioner s parents, Dr. Pedro G. Velez, M.D. and Julia M. Velez wrote about the miracle of their son overcoming his addition to drugs and alcohol and stated that: He has become selfless and has gained humility... shown remorse for his actions... and changed his life. (See Petition for Reinstatement, Exhibit S). E. Petitioner has also engaged in meaningful community service and given a great deal of his time to the work of Metropolitan Ministries. In a letter dated August 22, 2007, Karl Celestine, Coordinator of Outreach & Prevention Services, Metropolitan Ministries wrote that Pedro is prompt, courteous, shows true compassion, caring and patience toward others. He has a very strong spirit and gives praise, respect and encouragement to all he encounters. Pedro has been a tremendous asset to Outreach & Prevention Services and I have a great deal of respect and appreciation for his caring heart. Mr. Celestine specifically commented on the valuable contribution of Petitioner translating some of their English written documents to Spanish. (See Petition for Reinstatement, Exhibit W). F. Petitioner s positive action, professional ability, character and moral standing in the community are further reflected by his current employment as Director of Development, Homeownership and Strategic Planning for the Tampa Housing Authority, which position Petitioner has held since November (See Petition for Reinstatement, Composite Exhibit G). 3

4 G. Numerous testimonials strongly supporting reinstatement are contained in the record and were considered in evidence. (See Petition for Reinstatement, Exhibits H, I, J, M, R, T, U and V included in Petitioner s Composite Exhibit 1; January 30, 2008 letter from Mark R. Teal, Esquire, admitted as Petitioner s Exhibit 2; and January 30, 2008 letter from J. S. Lucas Fleming, Esquire, admitted as Petitioner s Exhibit 3). In stark contrast, no person has provided evidence to The Florida Bar to support an objection to reinstatement. H. The bar s investigation found: no evidence that petitioner had failed to comply with the order of suspension; substantial proof of petitioner s rehabilitation; and no objections to Petitioner s reinstatement. In sum, the bar s investigation confirmed the accuracy and truthfulness of the substance of the Petition for Reinstatement. I. Petitioner testified during the final hearing that he harbored no ill will toward those who were compelled to bring about the criminal and disciplinary proceedings against him. He accepted personal responsibility, expressed remorse for his past conduct and gave his personal assurances that he desired and intended to remain abstinent from drugs and alcohol, and to conduct himself in exemplary fashion in the future. Those assurances are amply supported by corroborating evidence in the record. After observing his demeanor at the final hearing, this referee accepts Petitioner s testimony and his sworn Personal Statement as truthful and sincere. (See Petition for Reinstatement, Exhibit N). J. All of the elements for reinstatement as required under the Florida Supreme Court s decision, In Re: Petition of Wolf, 257 So. 2d 547 (Fla. 1972), have been met. K. The only concern expressed by the Bar regarding reinstatement was Petitioner s status with the Internal Revenue Service (IRS). (See Stipulation, and letter of Darrin T. Mish, Esquire dated March 13, 2008, attached as Exhibit A thereto). In early 2008, Mr. Velez retained Attorney Mish to represent him in negotiating a settlement or payment plan and to file with the IRS an Offer in Compromise, which was accomplished May 29, Based on the testimony of Darrin T. Mish, Esquire, the IRS has assessed $70, in back taxes, interest and penalties for tax years Most of the outstanding tax debt is attributable to tax years 1999 and 2000, when Petitioner was in the throes of full blown addition to drugs and alcohol. 4

5 L. In August 2007, before hiring Attorney Mish and before filing his Petition for Reinstatement, Mr. Velez attempted on his own to enter into a payment plan with the IRS. The IRS determined at that time that Mr. Velez could not afford a payment plan and placed his accounts on hardship / uncollectible status for one year. (See Petition for Reinstatement, Exhibit C). M. Petitioner has accepted responsibility for and actively sought to resolve all outstanding issues with the IRS, which problems arose during the same time period when Petitioner was involved in substance abuse. Mr. Velez has taken all reasonable steps regarding his tax liability, including filing an Offer in Compromise and commencing payments of $ per month to the IRS. Accordingly, this referee finds that Mr. Velez status with the IRS is not disqualifying under Rule (f)(1). N. Mr. Velez has previously completed all reasonable efforts to correct and mitigate the consequences of his misconduct prior to his suspension from the practice of law. O. The Designated Reviewer and Staff Counsel of The Florida Bar have approved the Stipulation and costs to be paid by Petitioner, which are set forth in the Affidavit of Costs. P. After duly considering the evidence presented, I find that all of the elements for reinstatement under Rule (f)(3) have been met. III. Recommendation Regarding Reinstatement: After due deliberation, I recommend that the Stipulation of the parties be accepted and that the Petitioner be reinstated to the practice of law in Florida forthwith, and placed on probation for a period of three (3) years with the special conditions stated herein. IV. Recommendation as to Special Conditions of Probation: A. Respondent must maintain a contract with Florida Lawyer's Assistance, Inc. (FLA). The FLA contract shall run concurrently with his term of probation. 5

6 B. Respondent consents to open communication between all therapists and expressly waives any and all applicable patient/therapist privileges for the purpose of providing the bar with evidence of his compliance. C. During the period of probation, respondent shall remain completely drug and alcohol free, other than drugs or medications prescribed by a fully licensed physician in the course of medical treatment. D. As a further condition of probation, Mr. Velez is required to make every best effort to enter into a settlement or payment plan with the IRS no later than June 1, He must remain in compliance with whatever terms are agreed to throughout the term of probation. E. Petitioner shall comply with all other conditions specified in Consent Judgment and Report of Referee in The Florida Bar File Numbers (consolidated): ,495(13B), ,496(13B), ,868(13B), SC ; and ,429(13B), SC V. Personal History and Past Disciplinary Record: Year of Birth: 1962 Date Admitted to Bar: October 1, 1993 Prior Disciplinary Convictions and Disciplinary Measures Imposed Therein: ,488(11K), October 10, 2003, 90-day suspension with conditions; ,161(11K), December 22, 2004, minor misconduct, grievance committee admonishment; Consolidated cases: ,495 (13B), ,496(13B) and ,868(13B), SC and ,429(13B)(HFC), SC : eighteen (18) month suspension, effective June 19, 2006, followed by three (3) years probation with FLA contract upon reinstatement. VI. Statement of Costs and Manner in Which Costs Should Be Taxed: 6

7 Based the Affidavit of Costs, I find that The Florida Bar reasonably incurred costs of $1, and recommend that these costs be paid by Petitioner pursuant to Rule (m). Dated this 18th day of July Copies: Charlene E. Honeywell Hon. Charlene E. Honeywell Referee Henry Lee Paul, Assistant Staff Counsel, The Florida Bar, 5521 W. Spruce Street, Suite C-49, Tampa, Florida Pedro Gilberto Velez, Jr., Petitioner, c/o Debra Joyce Davis, Smith, Tozian & Hinkle, P.A. 109 N. Brush Street, Suite 200, Tampa, Florida Kenneth Lawrence Marvin, Staff Counsel, The Florida Bar, 651 E. Jefferson Street, Tallahassee, FL