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1 IN THE SUPREME COURT OF FLORIDA (Before a Grievance Committee) THE FLORIDA BAR, Complainant, v. TFB File No ,993(2A) ROBERT M KRAMER, Respondent ~/ REPORT OF MINOR MISCONDUCT I. Committee Recommendation: Pursuant to Rule 3-7.4(m) of The Rules Regulating The Florida Bar, the committee recommends that the respondent receive an admonishment. The admonishment should be administered by service of this report. II. Summary of Misconduct and Rule Violations Found: On October 15,2010, the Discipline Board of the Supreme Court of Pennsylvania approved a Joint Petition in Support of Discipline on Consent and sanctioned Responded by way of a private reprimand. Respondent plead guilty to one count of engaging in a pattern or practice of continuing to employ aliens in the United States, knowing and with constructive knowledge that the aliens were or had become unauthorized aliens with respect to employment in the United States, a class B misdemeanor. Respondent's plea agreement was based on constructive, not actual, knowledge of the criminal act. Respondent was reprimanded under Pennsylvania Disciplinary Rule of Enforcement 203(b )(1) which states that conviction of a crime is grounds

2 for discipline. The Pennsylvania order is a final adjudication of guilt and, by operation of Rule 3-4.6, Rules Regulating The Florida Bar, shall be considered as conclusive proof of such misconduct in this disciplinary proceeding. III. Comment on Mitigating, Aggravating or Evidentiary Matters: The committee believes that the following comment on mitigating, aggravating and evidentiary matters will be helpful in considering acceptance of the report: There is no evidence to suggest that Respondent was informed that a pattern of misconduct had been planned or was occurring. Respondent's misdemeanor conviction does not rise to the level of a serious crime, pursuant to Rule 214(1), of the Pennsylvania Disciplinary Rule of Enforcement. Furthermore, the Discipline Board of the Supreme Court of Pennsylvania where Respondent primarily practices sanctioned Respondent by way of a private reprimand. Respondent has no prior discipline. IV. Admonishment: Robert M Kramer, your actions have discredited the legal profession of the State of Florida. Such conduct cannot be tolerated by your fellow lawyers and should not be tolerated by you. Pride in your profession demands that you not violate the Rules of Professional Conduct again. If you do, your present misconduct will be considered in future disciplinary proceedings. V. Costs: The cost of these proceedings is assessed against Respondent as follows: Administrative Costs Investigative Costs and Expenses $1, $56.25 TOTAL $1,306.25

3 Pursuant to Rule l-3.6(c) of The Rules Regulating The Florida Bar, any person now or hereafter licensed to practice law in Florida shall be deemed a delinquent member if the member fails to pay the costs assessed in diversion or disciplinary cases within 30 days after the disciplinary decision or diversion recommendation becomes final, unless such time is extended by the board of governors for good cause shown. Delinquent members shall not engage in the practice of law in Florida nor be entitled to any privileges and benefits accorded to members of The Florida Bar in good standing. VI. Committee Vote: A quorum consists of not less than 3 members of the committee being present, 2 of whom are lawyers. The committee, by affirmative vote of a majority, voted in favor of the recommendation as stated in Item I above. In accordance with Rule 3-7.4(g), the committee reports the number of committee members voting for, or against, this report as follows: In favor of the report Against the report f1 Dated this so day of,~l-:..::4:..!./l..::..:t,, Second Judicial Circuit Grievance Committee "A"

4 THE FLORIDA BAR, Complainant, IN THE SUPREME COURT OF FLORIDA (Before a Grievance Committee) v. TFB File No ,993(2A) ROBERT M KRAMER, Accused. The accused says: I ADMISSION OF MINOR MISCONDUCT PURSUANT TO RULE 3-5.1(b)(5) 1. I am aware that Rule 3-5.l(b)(5) reads, in part, as follows: A respondent may tender a written admission of minor misconduct to bar counsel or the grievance committee. An admission of minor misconduct may be conditioned upon acceptance by the grievance committee, but the respondent may not condition the admission of minor misconduct upon the method of administration of the admonishment or upon nonpayment of costs incurred in the proceedings. Such an admission may be tendered after a finding of probable cause (but before the filing of a complaint) only if such an admission has not been previously tendered. If the admission is tendered after a finding of probable cause, the grievance committee may consider such admission without further evidentiary hearing and may either reject the admission, thereby affirming its prior action, or accept the admission and issues its report of minor misconduct. If a respondent's admission is accepted by the grievance committee, the respondent may not thereafter reject a report of the committee recommending an admonishment for minor misconduct. If the admission of minor misconduct is rejected, such admission shall not be considered or used against the respondent in subsequent proceedings. 2. Pursuant to Rule 3-5.1(b)(5), I tender this admission of minor misconduct in the abovereferenced case. 3. If this plea is accepted by the committee and the committee report is approved by The Florida Bar, this plea shall be in full force and effect, and I shall pay any costs incurred in the proceeding. The current costs are $1, administrative charge and $56.25 investigative costs and expense for a total costs amount of $1,

5 4. I am aware that the Board of Governors of The Florida Bar may order me to appear before it for administration of an admonishment. 5. If this plea is not accepted by the committee or an admonishment is not approved, this tendered plea will be null and void, and no part of the plea may be used as evidence bearing upon the complaint. 6. The following statement of particulars sets forth the minor misconduct and the Rule violations which are hereby admitted: On October 15, 2010, the Discipline Board of the Supreme Court of Pennsylvania approved a Joint Petition in Support of Discipline on Consent and sanctioned Responded by way of a private reprimand. Respondent plead guilty to one count of engaging in a pattern or practice of continuing to employ aliens in the United States, knowing and with constructive knowledge that the aliens were or had become unauthorized aliens with respect to employment in the United States, a class B misdemeanor. Respondent's plea agreement was based on constructive, not actual, knowledge of the criminal act. Respondent was reprimanded under Pennsylvania Disciplinary Rule of Enforcement 203(b)(l) which states that conviction of a crime is grounds for discipline. The Pennsylvania order is a final adjudication of guilt and, by operation of Rule 3-4.6, Rules Regulating The Florida Bar, shall be considered as conclusive proof of such misconduct in this disciplinary proceeding.,2o/l. ~Ah,;;2-p ~ Robert M Kramer 8212 Seminole Street Philadelphia, PA (215) Florida Bar Number: