THE FLORIDA BAR. IN RE ABE SCHONFELD
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The Florida Bar brought disciplinary charges against attorney Abe Schonfeld for failing to file income tax returns, violating federal law and the Florida rules of professional conduct. The Florida Supreme Court approved Schonfeld's conditional guilty plea and imposed a public reprimand as discipline.
Schonfeld violated the applicable rules of professional conduct through his federal criminal conviction. The Court approved his conditional guilty plea to the disciplinary charges and imposed public reprimand as the appropriate discipline.
[1] A conviction for willfully and knowingly failing to file an income tax return constitutes a violation of professional responsibility rules.
[2] A plea of guilty to a federal misdemeanor charge of failing to file an income tax return can serve as the basis for attorney disciplinary action.
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Join FLexlaw to unlock all legal intelligence“The respondent was charged with violating Title 26, United States Code, Section 7203, in a six-count information filed in the United States District Court, Middle District of Florida, on December 12, 1973”
Establishes the underlying federal criminal charge that forms the basis of the disciplinary complaint
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Join FLexlaw to unlock all legal intelligenceSchonfeld, a member of the Florida Bar, was charged in federal court with willfully and knowingly failing to file income tax returns in violation of 2…
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PER CURIAM.
This matter is before the Court on Petition for Approval of Conditional Guilty Plea and Entry of Final Order of Discipline.
On November 11, 1975, Bar counsel for The Florida Bar filed with the referee a Complaint charging respondent with violating Rule 11.02(3)(a) and (b) of the Integration Rule and Disciplinary Rule 1-102(A)(4) of the Code of Professional Responsibility. The Complaint reads as follows:
“1. The respondent, Abe Schonfeld, is, and at all times hereinafter mentioned was, a member of the Florida Bar, subject to the jurisdiction and disciplinary rules of the Supreme Court of Florida.
“2. This Complaint is filed by The Florida Bar, by direction of its Board of Governors, and all conditions prerequisite to the filing of this Complaint, required by the Integration Rule, have been fulfilled.
“3. The respondent was charged with violating Title 26, United States Code, Section 7203, in a six-count information filed in the United States District Court, Middle District of Florida, on December 12, 1973; a copy of said information is attached to this complaint and made a part thereof.
“4. A violation of Title 26, United States Code, Section 7203, is a misdemeanor and constitutes the crime of wilfully and knowingly failing to file an income tax return. “5. The respondent was adjudged guilty of violating Section 7203 of Title 26 of the United States Code by United States District Judge William 0. Mehrtens on July 15,1974, pursuant to a plea of guilty submitted by respondent to Count V of the information filed against him. A copy of the judgment and commitment is attached to this Complaint and made a part thereof.
“6. Respondent was sentenced to 60 days imprisonment and was fined $1,000.
“7. By reason of the foregoing, respondent has violated Rule 11.02(3)(a) and (b) of the Integration Rule of The Florida Bar and DR 1-102(A)(4) of the Code of Professional Responsibility.”
The Petition for Approval of Conditional Guilty Plea is granted, and Respondent, Abe Schonfeld, is hereby disciplined by public reprimand to be published in the Southern Reporter based upon the facts set forth above. The publication of this Opinion shall serve as the public reprimand to Respondent.
Costs in the amount of One Hundred Thirty-Five Dollars and Two Cents ($135.02) are hereby taxed against Respondent.
IT IS SO ORDERED.
OVERTON, C. J., and ROBERTS, ADKINS, BOYD and ENGLAND, JJ., concur.
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In re Fla. Bd. of BAR Exam'rs. In re H.H.S., 373 So. 2d 890 (Fla. 1979)…f any criminal charges of any kind other than minor traffic violations. Due to varied factual situations, the Court has reached different conclusions relating to the effect of a conviction for failure to file income tax returns. In In re Schonfeld, 336 So. 2d 77 (Fla. 1976), where an attorney had been convicted of failure to file, sentenced to sixty days imprisonment, and fined $1,000, this Court approved and published public reprimand as appropriate discipline. In In re Snyder, 313 So. 2d 33 (Fla.1975), t…
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THE Florida BAR v. Blankner, 457 So. 2d 476 (Fla. 1984)…ional guilty plea. Public reprimands for attorneys convicted of failing to file tax returns were also approved by this Court in several subsequent cases. See The Florida Bar: In re Beamish, 327 So. 2d 11 (Fla.1976); The Florida Bar: In re Schonfeld, 336 So. 2d 77 (Fla.1976); The Florida Bar v. Turner, 344 So. 2d 1280 (Fla.1977); The Florida Bar v. Ryan, 352 So. 2d 1174 (Fla.1977); The Florida Bar v. Greenspahn, 366 So. 2d 396 (Fla.1978); The Florida Bar v. Wasman, 366 So. 2d 409 (Fla.1978); and The Florida B…