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In re Howard

An attorney who pled guilty in federal court to filing a false tax declaration voluntarily surrendered his license.

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This disciplinary matter is before the Court on Respondent John L. Howard’s Petition for Voluntary Surrender of License filed pursuant to Bar Rule 4-227 b. A voluntary surrender of license is tantamount to disbarment pursuant to Bar Rule 4-110 f. In his petition, Howard admits that in October 2001, he wilfully subscribed to a false income tax return in that he knew that the adjusted gross income to which he swore was substantially understated; that he subsequently pled guilty to the felony offense of false tax declaration in violation of 26 USC § 7206 1 in the U.S. District Court for the Southern District of Georgia, Waycross Division; and that by virtue of his felony conviction, he violated Rule 8.4 a 2 it shall be a violation of the Georgia Rules of Professional Conduct for a lawyer to be convicted of a felony of Rule 4-102 d of the Georgia Rules of Professional Conduct. The maximum penalty for a violation of Rule 8.4 a 2 is disbarment. The State Bar has filed a response recommending that this Court accept Howard’s Petition for Voluntary Surrender of License and, after reviewing the record, we agree with that recommendation. Accordingly, for his violation of Rule 8.4 a 2, Howard’s Petition for Voluntary Surrender of License hereby is accepted. He is reminded of his duties under Bar Rule 4-219 c.

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