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05/20/97 OFFICE DISCIPLINARY COUNSEL v. DANIEL W.

May 20, 1997

OFFICE OF DISCIPLINARY COUNSEL, PETITIONER
v.
DANIEL W. CHUNG, RESPONDENT



Disciplinary Board No. 86 DB 94. Attorney Registration No. 53074 (Montgomery County).

Madame Justice Newman. Mr. Justice Castille files a Dissenting opinion.

The opinion of the court was delivered by: Newman

OPINION OF THE COURT

MADAME JUSTICE NEWMAN

DECIDED: MAY 20, 1997

Respondent Daniel W. Chung has filed exceptions to the Disciplinary Board's report recommending his disbarment.

On August 24, 1994, this Court temporarily suspended Respondent from practice based on his July 15, 1993 guilty plea in federal court on five counts of making false statements to a federally insured financial institution *fn1 . Because of his convictions, the District Court imposed concurrent sentences of twelve months and one day for each count and ordered Respondent to pay restitution in the amount of $106,000.00, along with a fine and assessment totalling $10,250.00.

On February 17, 1994, the District Court committed the Respondent to the Bucks County Rehabilitation Center, where he remained until released from custody on January 13, 1995.

The Office of Disciplinary Counsel filed a Petition for Discipline against Respondent. On April 10, 1995, a three member hearing committee held a hearing on the petition. Respondent and the Office of Disciplinary Counsel stipulated to a number of facts, including the following:

Stipulation of Facts

4. On June 30, 1993, the United States Attorney's Office charged Respondent with seventeen counts of making false statements to a federally insured financial institution, in violation of 18 U.S.C. § 1014, and three counts of mail fraud, in violation of 18 U.S.C. § 1341.

5. The counts based on 18 U.S.C. § 1014 arose from Respondent's submission of false tax returns and false financial information to Ukrainian Savings and Loan Association ("Ukrainian") between March 1986 and September 1988 to obtain seventeen loans for Respondent's clients.

6. The counts based on 18 U.S.C. § 1341 involved the submission of false financial information on three occasions between 1990 and January 1991 to Traveler's Mortgage Services, Inc. (later known as G.E. Capital Mortgage Services, Inc., "G.E. Capital") to obtain loans for clients. Respondent did not plead guilty to the 18 U.S.C. § 1341 counts.

9. The basis of the criminal charges to which Respondent pleaded guilty was his assistance as an accountant in helping his ...


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