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OFFICE DISCIPLINARY COUNSEL v. FRANK A. TROBACK (03/23/78)

decided: March 23, 1978.

OFFICE OF DISCIPLINARY COUNSEL, PETITIONER,
v.
FRANK A. TROBACK, RESPONDENT



COUNSEL

Frank A. Troback, Lancaster, Robert E. Gabriel, Philadelphia, for respondent.

Allen B. Zerfoss, Chief Disciplinary Counsel, Harrisburg, William J. Honig, Asst. Disciplinary Counsel, Philadelphia, for the Board.

Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Packel, JJ. Packel, J., did not participate in the decision of this case.

Author: Eagen

[ 477 Pa. Page 319]

OPINION

On February 22, 1975, Frank A. Troback, a resident of the County of Lancaster, Pennsylvania, and licensed to practice law in Pennsylvania, was convicted by a jury in the United States District Court for the Eastern District of Pennsylvania of interstate transportation of stolen securities in violation of Title 18, United States Code Sections 2314 and 2, 18 U.S.C.A. ยงยง 2314 and 2. On January 27, 1976, he was sentenced to three years imprisonment to begin on February 9, and to "become eligible for parole under 18 U.S.C.A. ยง 4208(a)[1](i) upon serving one year."

On August 22, 1977, pursuant to a petition filed by Troback under Rule 35 of the Federal Rules of Criminal Procedure, the sentence imposed on January 27, 1976, was "amended" by the trial jurist so as to place Troback on probation for a period of four years from November 29, 1976, with the proviso that Troback "shall not apply for reinstatement to practice law before the Bar of Pennsylvania or apply to the Bar of any other state for leave to practice law during the probationary period."

On February 5, 1976, upon being informed by the Disciplinary Counsel of Troback's conviction in the Federal District Court, this Court entered an order immediately suspending Troback from the practice of law in Pennsylvania and directing the Disciplinary Board of the Supreme Court of Pennsylvania (Board) to commence formal disciplinary proceedings.

On November 24, 1976, in accordance with this Court's mandate and following the affirmance of Troback's conviction and sentence by the United States Court of Appeals for the Third Circuit, a petition for discipline was filed by Disciplinary Counsel. On March 15, 1977, a hearing ensued before a hearing committee at which Troback represented himself. On May 31, the hearing committee filed its report with the Board recommending disbarrment. After reviewing the record, the Board filed its report in this Court on August

[ 477 Pa. Page 32019]

, also recommending disbarrment. We immediately notified Troback of the Board's recommendation and offered him an opportunity to appear before the Court to present argument why the recommendation should not be accepted. Troback requested such an opportunity and on November 15, he appeared before the Court, presented oral argument, and filed a written brief.

Our review of attorney discipline is de novo, In re Silverberg, 459 Pa. 107, 327 A.2d 106 (1974), and, while a certificate of conviction of a crime by an attorney is conclusive evidence of the commission of that crime in any disciplinary proceeding based upon that conviction,*fn1 we may and should examine the underlying facts involved in the criminal charge to weigh the impact of the conviction ...


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