Sunday, March 09, 2008
Order of the Knee pads update: Nebraska Supreme Court denies reinstatement following disbarment over 10 years ago when attorney was convicted of tax evasion and has not completed restitution to the US Government for over $66k nor to the IRS on his total tax liability that was between $300 and $400k. Legal profession blog. "The Nebraska Supreme Court denied an application for reinstatement of a disbarred attorney. The attorney had been suspended for a false representation and then disbarred in 1997 for an income-tax conviction. Counsel for Discipline had opposed reinstatement notwithstanding a favorable referee's finding on present good moral character. The court agreed with Counsel for Discipline, concluding that the underlying conviction (which involved failure to pay taxes over a ten-year period)and his failure to make restitution militated against restoration to practice." State ex rel. Counsel for Dis. v. Scott, S-97-584, 275 Neb. 194 The Nebraska Supreme Court did not consider its reinstatement ruling in Counsel for Discipline v Mills (Mills II) when it reinstated an attorney whom it had suspended for filing false declarations with the IRS in an estate case but in the meantime the US Government had successfully prosecuted for filing the false forms. The Nebraska Supreme Court found a way to let him in.