IN THE SUPREME COURT OF FLORIDA (Before a Referee) THE FLORIDA BAR, v. Complainant, JOSEPH THOMAS LANDER, Case No. SC10-385 TFB File No. 2009-00,476(03)NFC Respondent. / REPORT OF THE REFEREE I. SUMMARY OF PROCEEDINGS Pursuant to the undersigned being duly appointed as Referee to conduct disciplinary proceedings herein according to Rule 3-7.6, Rules of Discipline, the following proceedings occurred: On March 3, 2010, The Florida Bar filed its Notice of Determination or Judgment of Guilt against Respondent notifying the Supreme Court of Florida that Respondent has been found guilty of 16 felony counts of mail fraud and money laundering by the United States District Court, Northern District of Florida, Gainesville Division. On March 3, 2010, the Supreme Court of Florida issued an order suspending Respondent from The Florida Bar.
On March 12, 2010, this Referee was appointed to hear the case. A telephonic case management conference was held, after proper notice, on April 8, 2010. Respondent did not appear and the final hearing was set for May 11, 2010, Respondent to be allowed to appear telephonically, if desired, as he was incarcerated at Federal Correctional Institution, Morgantown, West Virginia. On May 6, 2010, Bar Counsel mailed to the Referee a Pre-Hearing Memorandum. The final hearing was held, upon proper notice, on May 11, 2010. Bar Counsel appeared in person and Respondent appeared telephonically. All pleadings, responses thereto, memoranda, exhibits received into evidence, the transcripts of the final hearing, the Affidavit of Costs submitted by The Florida Bar, a Request for Payment of Disciplinary Costs, and this Report of Referee constitute the record in this case and are forwarded to the Supreme Court of Florida. References to the transcript of the final hearing are by symbol TR followed by the appropriate page numbers (e.g., TR 4). II. FINDINGS OF FACT A. Jurisdictional Statement. Respondent is, and at all times mentioned during this investigation was, a member of The Florida Bar, subject to the jurisdiction and Disciplinary Rules of the Supreme Court of Florida. B. Evidence Considered Regarding Guilt. The Florida Bar offered into evidence Exhibit A, which is the Judgment in a Criminal Case in United States District 2
Court, Northern District of Florida, Gainesville Division, Case No. 1:08-CR-44, which was issued on February 5, 2010, and which adjudged Respondent guilty of 16 felony counts of mail fraud and money laundering. Respondent informed the Referee that an amended Judgment had recently been issued, but only the monetary issues were changed. With the understanding that Bar Counsel would obtain and file the Amended Judgment (to be Exhibit B), Respondent had no objection to the admission of Exhibit A, which was admitted. On May 14, 2010, Bar Counsel filed a Notice of Filing, which included Exhibit B, the Amended Judgment. Restitution was the only change made by the Amended Judgment. III. CONCLUSIONS OF LAW. Rule 3-7.2(b), Rules Regulating The Florida Bar, provides that the judgment reflected in Exhibits A and B are conclusive proof of guilt of the criminal acts charged. Accordingly, this Referee verbally announced on the record his finding that Respondent has violated Rule 4-8.4(b) (A lawyer shall not commit a criminal act.) of the Rules Regulating The Florida Bar. IV. RECOMMENDATIONS AS TO GUILT. I recommend that Respondent be found guilty of violating Rule 4-8.4(b) (A lawyer shall not commit a criminal act that reflects adversely on the lawyer s honesty, 3
trustworthiness, or fitness as a lawyer in other respects.) of the Rules of Professional Conduct of The Florida Bar. V. RECOMMENDATION AS TO DISCIPLINARY MEASURES TO BE APPLIED I recommend that Respondent be found guilty of misconduct justifying disciplinary measures, and that he be disciplined by: A. Disbarment. B. Payment of The Florida Bar s costs in these proceedings. VI. PERSONAL HISTORY, PAST DISCIPLINARY RECORD AND AGGRAVATING AND MITIGATING FACTORS following: Prior to recommending discipline pursuant to Rule 3-7.6(m)(1), I considered the A. Personal History of Respondent: Age: 41 years old Date admitted to the Bar: July 24, 1997 B. Aggravating Factors: Prior Discipline: The Florida Bar has offered their Exhibit 1, which was received into evidence. It is an affidavit that establishes that Respondent was disciplined previously in Supreme Court Case No. SC06-1950. Respondent received a public reprimand by Court order dated April 12, 2007. Respondent was suspended indefinitely in the present case by Court order dated March 3, 2010. 9.22(a) Prior disciplinary offense. He was disciplined in 2007. 4
9.22(b) Dishonest or selfish motive, as shown by the nature of the crimes. 9.22(c) A pattern of misconduct (16 felonies and prior discipline). 9.22(d) Multiple offenses. 9.22(i) Substantial experience in the practice of law. Respondent has been practicing law for almost 13 years. C. Mitigating Factors: None D. Standards for Imposing Lawyer Sanctions: I find that the appropriate Standard is 5.11, which provides that disbarment is appropriate when a lawyer is convicted of a felony under applicable law. E. Case Law: I have considered the case law submitted by The Florida Bar. Disbarment is presumed to be the appropriate discipline for felony convictions, although it is not automatic. The Florida Bar v. Grief, 701 So.2d 555 (Fla. 1997). Mail fraud and money laundering are egregious federal felonies and such cases have resulted in disbarment in the past. The Florida Bar v. Bustamante, 662 So.2d 687 (Fla. 1995); The Florida Bar v. Weinsoff, 498 So.2d 942 (Fla. 1986); The Florida Bar v. Hosner, 536 So.2d 188 (Fla. 1989); and The Florida Bar v. Dougherty, 769 So.2d 1027 (Fla. 2000). Respondent has admitted that at least one of these felonies was committed while he was the County Attorney for Dixie County, Florida, a fact that I find very aggravating (TR 15). Respondent has disgraced the Office of County Attorney as well as damaging the reputation of all lawyers. Respondent has not submitted anything in rebuttal of the presumption of disbarment. He should be disbarred. 5
VII. STATEMENT OF COSTS AND MANNER IN WHICH COSTS SHOULD BE TAXED I find the following costs were reasonably incurred by The Florida Bar: Administrative Costs $ 1,250.00 Court Reporter's Fees 250.00 Investigative Costs 1,125.80 TOTAL $ 2,625.80 It is recommended that such costs be charged to respondent and that interest at the statutory rate shall accrue and be deemed delinquent 30 days after the judgment in this case becomes final unless paid in full or otherwise deferred by the Board of Governors of The Florida Bar. Dated this day of, 20. CERTIFICATE OF SERVICE George S. Reynolds, III, Referee Leon County Courthouse 301 S. Monroe Street, Room 301-D Tallahassee, FL 32301-1861 I HEREBY CERTIFY that the original of the foregoing Report of Referee has been mailed to THE HONORABLE THOMAS D. HALL, Clerk, Supreme Court of Florida, 500 South Duval Street, Tallahassee, Florida 32399-1927, and that copies were mailed by regular U.S. Mail to KENNETH LAWRENCE MARVIN, Staff Counsel, The Florida Bar, 651 E. Jefferson Street, Tallahassee, Florida 32399-2300; JAMES A.G. DAVEY, JR., Bar Counsel, The Florida Bar, 651 E. Jefferson Street, Tallahassee, Florida 32399-2300; and JOSEPH THOMAS LANDER, Respondent, at his record Bar address of 620 NE 146th Avenue, Old Town, Florida 32680-3760, and 6
his alternative address of #20578-017, FCI Morgantown, Federal Correctional Institution, P.O. Box 1000, Morgantown, West Virginia 26507, on this day of, 20. George S. Reynolds, III, Referee 7