In the Matter of Marcus L. Vickers

The Court disbarred an attorney, who was convicted of conspiracy to defraud the United States and mail/wire fraud arising from his action as a closing attorney in the sale of two condominium units.

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On August 21, 2009, Respondent Marcus L. Vickers State Bar No. 727392 was convicted in the United States District Court for the Northern District of Georgia, Atlanta Division, on one count of conspiracy to defraud the United States, see 18 U.S.C. § 371, and two counts of mail/wire fraud, see 18 U.S.C. § 1342 and 1343, all felonies. He was sentenced to serve 10 months in federal prison, followed by three years of supervised release and required to pay restitution. In January 2010, this Court suspended Vickers pending an appeal of his conviction, see In the Matter of Vickers, 286 Ga. 416 687 SE2d 831 2010. Vickers’ appeal proved unsuccessful and John Aubrey Chandler was appointed as special master pursuant to Bar Rule 4-106 f 1.

The record shows that Vickers, who was admitted to the Bar in 2000, acted as the closing attorney or closing agent in the sale of two condominium units and that he was convicted of conspiring to represent falsely to lenders that borrowers had paid down payments on the units and of conspiring to distribute closing proceeds in a manner contrary to the HUD statement presented to the lender. Vickers admits that his convictions constitute a violation of Rule 8.4 a 2 of Bar Rule 4-102 d, making him subject to the provisions of Bar Rule 4-106, but, he argues that, in light of the mitigating factors of this case, suspension rather than disbarment is the appropriate discipline. After hearing evidence at a show cause hearing, the special master agreed, finding that the mitigating factors outweighed the aggravating factors. He recommended the imposition of a three-year suspension, with conditions on reinstatement. The State Bar objected arguing that disbarment is the only appropriate discipline given that Vickers’ convictions arose out of his practice of law and the Review Panel agreed.

In the Matter of Marcus L. Vickers

The Court disbarred an attorney, who was convicted of conspiracy to defraud the United States and mail/wire fraud arising from his action as a closing attorney in the sale of two condominium units.

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