State
Bar Court of California
Hearing
Department
STIPULATION
RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND ORDER APPROVING
STAYED SUSPENSION; NO ACTUAL SUSPENSION
Case Number(s): 06-J-10282
In the Matter of: Mashiur R. Chowdhury, Bar # 230982, A
Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Christine Souhrada, Bar # 228256
Counsel for Respondent: Paul Virgo Bar # 67900
Submitted to: settlement judge State Bar Court Clerk’s
Office Los Angeles
Filed:
<<not>> checked. PREVIOUS STIPULATION
REJECTED
Note: All information required by this form and any
additional information which cannot be provided in the space provided, must be
set forth in an attachment to this stipulation under specific headings, e.g.,
"Facts," "Dismissals," "Conclusions of Law,"
"Supporting Authority," etc.
A. Parties' Acknowledgments:
1. Respondent is a member of the State Bar of California,
admitted June 1, 2004.
2. The parties agree to be bound by the factual
stipulations contained herein even if conclusions of law or disposition are
rejected or changed by the Supreme Court.
3. All investigations or proceedings listed by case
number in the caption of this stipulation are entirely resolved by this
stipulation and are deemed consolidated. Dismissed charge(s)/count(s) are
listed under "Dismissals." The stipulation consists of 10 pages, not
including the order.
4. A statement of acts or omissions acknowledged by
Respondent as cause or causes for discipline is included under
"Facts."
5. Conclusions of law, drawn from and specifically
referring to the facts are also included under "Conclusions of Law".
6. The parties must include supporting authority for the
recommended level of discipline under the heading "Supporting
Authority."
7. No more than 30 days prior to the filing of this
stipulation, Respondent has been advised in writing of any pending
investigation/proceeding not resolved by this stipulation, except for criminal
investigations.
8. Payment of Disciplinary Costs-Respondent acknowledges
the provisions of Bus. & Prof. Code §§6086.10 & 6140.7. (Check one
option only):
<<not>>
checked. costs added to membership fee for calendar year following effective
date of discipline.
checked. costs
to be paid in equal amounts prior to February 1 for the following membership
years: two (2) billing cycles following the effective date of the Supreme Court
Order (hardship, special circumstances or other good cause per rule 282, Rules
of Procedure.)
<<not>>
checked. costs waived in part as set forth in a separate attachment entitled
"Partial Waiver of Costs".
<<not>>
checked. costs entirely waived.
B. Aggravating Circumstances [for definition, see Standards for
Attorney Sanctions for Professional Misconduct, standard 1.2(b)]. Facts
supporting aggravating circumstances are required.
<<not>>checked. (1) Prior
record of discipline [see standard 1.2(f)].
<<not>>checked. (a) State Bar
Court case # of prior case
<<not>>checked. (b) Date prior
discipline effective
<<not>>checked. (c) Rules of
Professional Conduct/ State Bar Act violations:
<<not>>checked. (d) Degree of
prior discipline Private Reproval
<<not>> checked. (e) If
Respondent has two or more incidents of prior discipline, use space provided
below or a separate attachment entitled “Prior Discipline”. .
<<not>> checked. (2) Dishonesty:
Respondent's misconduct was surrounded by or followed by bad faith, dishonesty,
concealment, overreaching or other violations of the State Bar Act or Rules of
Professional Conduct.
<<not>> checked. (3) Trust
Violation: Trust funds or property were involved and Respondent refused or was
unable to account to the client or person who was the object of the misconduct
for improper conduct toward said funds or property.
<<not>> checked. (4) Harm:
Respondent's misconduct harmed significantly a client, the public or the
administration of justice.
<<not>> checked. (5) Indifference:
Respondent demonstrated indifference toward rectification of or atonement for
the consequences of his or her misconduct.
<<not>> checked. (6) Lack of
Cooperation: Respondent displayed a lack of candor and cooperation to victims
of his/her misconduct or to the State Bar during disciplinary investigation or
proceedings.
<<not>> checked. (7) Multiple/Pattern
of Misconduct: Respondent's current misconduct evidences multiple acts of
wrongdoing or demonstrates a pattern of misconduct.
checked. (8) No aggravating
circumstances are involved.
Additional aggravating circumstances:
C. Mitigating Circumstances [see standard 1.2(e)]. Facts supporting
mitigating circumstances are required.
<<not>> checked. (1) No Prior
Discipline: Respondent has no prior record of discipline over many years of
practice coupled with present misconduct which is not deemed serious.
<<not>> checked. (2) No Harm:
Respondent did not harm the client or person who was the object of the
misconduct.
<<not>> checked. (3) Candor/Cooperation:
Respondent displayed spontaneous candor and cooperation with the victims of
his/her misconduct and to the State Bar during disciplinary investigation and
proceedings.
<<not>> checked. (4) Remorse:
Respondent promptly took objective steps spontaneously demonstrating remorse
and recognition of the wrongdoing, which steps were designed to timely atone
for any consequences of his/her misconduct.
<<not>> checked. (5) Restitution:
Respondent paid $ on in restitution to without the threat or force of
disciplinary, civil or criminal proceedings.
<<not>> checked. (6) Delay:
These disciplinary proceedings were excessively delayed. The delay is not
attributable to Respondent and the delay prejudiced him/her.
<<not>> checked. (7) Good
Faith: Respondent acted in good faith.
<<not>> checked. (8) Emotional/Physical
Difficulties: At the time of the stipulated act or acts of professional
misconduct Respondent suffered extreme emotional difficulties or physical
disabilities which expert testimony would establish was directly responsible
for the misconduct. The difficulties or disabilities were not the product of
any illegal conduct by the member, such as illegal drug or substance abuse, and
Respondent no longer suffers from such difficulties or disabilities.
<<not>> checked. (9) Severe
Financial Stress: At the time of the misconduct, Respondent suffered from
severe financial stress which resulted from circumstances not reasonably foreseeable
or which were beyond his/her control and which were directly responsible for
the misconduct.
<<not>> checked. (10) Family
Problems: At the time of the misconduct, Respondent suffered extreme
difficulties in his/her personal life which were other than emotional or
physical in nature.
<<not>> checked. (11) Good
Character: Respondent's good character is attested to by a wide range of
references in the legal and general communities who are aware of the full extent
of his/her misconduct.
<<not>> checked. (12) Rehabilitation:
Considerable time has passed since the acts of professional misconduct occurred
followed by convincing proof of subsequent rehabilitation.
checked. (13) No mitigating circumstances
are involved.
Additional mitigating circumstances:
D. Discipline:
checked. (1) Stayed Suspension:
checked.
(a) Respondent must be suspended from the practice of law for a
period of 1 (one) year
<<not>>
checked. i. and until Respondent shows proof satisfactory to the State
Bar Court of rehabilitation and present fitness to practice and present
learning and ability in the law pursuant to standard 1.4(c)(ii) Standards for
Attorney Sanctions for Professional Misconduct.
<<not>>
checked. ii. and until Respondent pays restitution as set forth in the
Financial Conditions form attached to this stipulation.
<<not>>
checked. iii. and until Respondent does the following:
checked.
(b) The above-referenced suspension is stayed.
checked. (2) Probation: Respondent
must be placed on probation for a period of 2 (two) years, which will commence
upon the effective date of the Supreme Court order in this matter. (See rule 953,
California Rules of Court.)
E. Additional Conditions of Probation:
checked. (1) During the probation
period, Respondent must comply with the provisions of the State Bar Act and
Rules of Professional Conduct.
checked. (2) Within ten (10) days
of any change, Respondent must report to the Membership Records Office of the
State Bar and to the Office of Probation of the State Bar of California ("Office
of Probation"), all changes of information, including current office
address and telephone number, or other address for State Bar purposes, as
prescribed by section 6002.1 of the Business and Professions Code.
checked. (3) Within thirty (30)
days from the effective date of discipline, Respondent must contact the Office
of Probation and schedule a meeting with Respondent's assigned probation deputy
to discuss these terms and conditions of probation. Upon the direction of the
Office of Probation, Respondent must meet with the probation deputy either
in-person or by telephone. During the period of probation, Respondent must
promptly meet with the probation deputy as directed and upon request.
checked. (4) Respondent must
submit written quarterly reports to the Office of Probation on each January 10, April 10, July 10, and October 10
of the period of probation. Under penalty
of perjury, Respondent must state whether Respondent has complied with the
State Bar Act, the Rules of Professional Conduct, and all conditions of
probation during the preceding calendar quarter. Respondent must also state
whether there are any proceedings pending against him or her in the State Bar
Court and if so, the case number and current status of that proceeding. If the
first report would cover less than 30 days, that report must be submitted on
the next quarter date, and cover the extended period.
In addition to all quarterly reports, a final report, containing the same
information, is due no earlier than twenty (20) days before the last day of the
period of probation and no later than the last day of probation.
<<not>> checked. (5) Respondent
must be assigned a probation monitor. Respondent must promptly review the terms
and conditions of probation with the probation monitor to establish a manner
and schedule of compliance. During the period of probation, Respondent must
furnish to the monitor such reports as may be requested, in addition to the
quarterly reports required to be submitted to the Office of Probation. Respondent
must cooperate fully with the probation monitor.
checked. (6) Subject to assertion
of applicable privileges, Respondent must answer fully, promptly and truthfully
any inquiries of the Office of Probation and any probation monitor assigned
under these conditions which are directed to Respondent personally or in
writing relating to whether Respondent is complying or has complied with the
probation conditions.
checked. (7) Within one (1) year
of the effective date of the discipline herein, Respondent must provide to the
Office of Probation satisfactory proof of attendance at a session of the Ethics
School, and passage of the test given at the end of that session.
<<not>>checked. No Ethics
School recommended. Reason:
<<not>> checked. (8) Respondent
must comply with all conditions of probation imposed in the underlying criminal
matter and must so declare under penalty of perjury in conjunction with any
quarterly report to be filed with the Office of Probation.
<<not>>checked. (9) The
following conditions are attached hereto and incorporated:
<<not>>
checked. Substance Abuse Conditions.
<<not>>checked.
Law Office Management Conditions.
<<not>>
checked. Medical Conditions.
<<not>>
checked. Financial Conditions.
F. Other Conditions Negotiated by the Parties:
<<not>>checked. (1) Multistate
Professional Responsibility Examination: Respondent must provide proof of
passage of the Multistate Professional Responsibility Examination
("MPRE"), administered by the National Conference of Bar Examiners,
to the Office of Probation within one year. Failure to pass the MPRE results
in actual suspension without further hearing until passage. But see rule 951 (b),
California Rules of Court, and rule 321 (a)(1) & (c), Rules of Procedure.
<<not>>
checked. No MPRE recommended. Reason:
checked. (2) Other Conditions:
See section
IV of attachment
Attachment to
Stipulation Re Facts, Conclusions of Law and Disposition
in the Matter
of Mashiur Chowdhury
Case no.
06-J-19282
I. Facts
1. Beginning
in 2001, respondent practiced immigration law before the United States Court of
Appeals for the Ninth Circuit ("Ninth Circuit"). However, Respondent
failed to become a member of the Ninth Circuit Bar before practicing in the
Ninth Circuit Court, as required by the Federal Rules of Practice, FRAP
46(a)(2) and Circuit Rule 46-1.2.
2. On
December 13, 2005, the Ninth Circuit ordered that Respondent be sanctioned upon
findings that Respondent had failed to comply with the court’s rules and
orders. In their December 13, 2005 Order (the "Order"), the Ninth
Circuit sanctioned Respondent in the amount of $1,000, and ordered respondent
to file within 14 days after the date of the order, a motion to withdraw as
counsel of record in all pending cases in that court where respondent has made
an appearance, and to serve on his clients in these cases a copy of this order
and the motion to withdraw. Respondent who was not admitted to the bar of the
Ninth Circuit, was ordered not to appear as counsel in any new matters before
the Ninth Circuit until he has been admitted to the bar of that court, but
would not be permitted to apply for admission to the bar of that court until
one year after the date of the Order. Thereafter, the decision of the foreign
jurisdiction became final.
II.
Conclusions of Law
3. By
practicing before the Ninth Circuit without being a member of the Bar of the
Ninth Circuit, respondent practiced in a jurisdiction in violation of the
regulations of the profession in that jurisdiction, and thus violated rule
1-300(B) of the California Rules of Professional Conduct.
III.
Supporting Authority
4. Standard
2.10 states:
Culpability
of a member of a violation of any provision of the Business and Professions
Code not specified in these standards or of a wilful violation of any Rule of
Professional Conduct not specified in these standards shall result in reproval
or suspension according to the gravity of the offense or the harm, if any, to
the victim, with due regard to the purposes of imposing discipline set forth in
standard 1.3.
IV. Other
Conditions of Probation
5. Respondent
is to complete 24 units of continuing legal education ("MCLE")
courses in addition to the MCLE units required by the Ninth Circuit and in
addition to those units required by statute for members of the California Bar.
At least half of the 24 MCLE units must be in ethics, four units must be in
immigration law, and four units must be in the Federal Rules of Practice. These
MCLE units must be completed by the end of respondent’s two-year probationary
period, and at least 12 of the 24 units must be completed in the first year of respondent’s
probation. By the termination date of respondent’s probation, respondent must
supply to the Office of Probation satisfactory proof of completion of the
required 24 units of MCLE.
6. Within one
(1) year of the effective date of the discipline herein, Respondent must supply
to the Office of Probation satisfactory proof of attendance at a session of the
Ethics School Client Trust Accounting School, within the same period of time,
and passage of the test given at the end of that session.
V. Estimate of
Costs of Disciplinary Proceedings
7. Respondent
acknowledges that the Office of the Chief Trial Counsel has informed Respondent
that as of June 7, 2006, the estimated prosecution costs in this matter are
approximately $2,090.85. Respondent acknowledges that this figure is an
estimate only. Respondent further acknowledges that should this stipulation be
rejected or should relief from the stipulation be granted, the costs in this
matter may increase due to the cost of further proceedings.
SIGNATURE OF THE PARTIES
Case Number(s): 06-J-10282
In the Matter of: Mashiur R. Chowdhury
By their
signatures below, the parties and their counsel, as applicable, signify their
agreement with each of the recitation and each of the terms and conditions of
this Stipulation Re Facts, Conclusions of Law and Disposition.
Signed by:
Respondent: Mashiur
R. Chowdhury
Date: 6/15/2006
Respondent’s
Counsel: Paul Virgo
Date: 6/12/2006
Deputy Trial
Counsel: Christine Souhrada
Date: 6/19/06
ORDER
Case Number(s): 06-J-10282
In the Matter of: Mashiur R. Chowdhury
Finding
the stipulation to be fair to the parties and that it adequately protects the
public, IT IS ORDERED that the requested dismissal of counts/charges, if any,
is GRANTED without prejudice, and:
checked.
The stipulated facts and disposition are APPROVED and the DISCIPLINE
RECOMMENDED to the Supreme Court.
<<not>>
checked. The stipulated facts and disposition are APPROVED AS MODIFIED as set
forth below, and the DISCIPLINE IS RECOMMENDED to the Supreme Court.
<<not>>
checked. All Hearing dates are vacated.
The
parties are bound by the stipulation as approved unless: 1) a motion to
withdraw or modify the stipulation, filed within 15 days after service of this
order, is granted; or 2) this court modifies or further modifies the approved
stipulation. (See rule 135(b), Rules of Procedure.) The effective date of this
disposition is the effective date of the Supreme Court order herein, normally
30 days after the file date. (See rule 953 (a), California Rules of Court.)
Signed
by:
Judge of
the State Bar Court: Richard A. Honn
Date: 7/17/06
CERTIFICATE
OF SERVICE
[Rule 62(b), Rules Proc.; Code Civ.
Proc., § 1013a(4)]
I am a Case
Administrator of the State Bar Court of California. I am over the age of
eighteen and not a party to the within proceeding. Pursuant to standard court
practice, in the City and County of Los Angeles, on July 18, 2006, I deposited
a true copy of the following document(s):
STIPULATION
RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND ORDER APPROVING
in a sealed
envelope for collection and mailing on that date as follows:
checked. by
first-class mail, with postage thereon fully prepaid, through the United States
Postal Service at Los Angeles, California, addressed as follows:
PAUL J VIRGO
ESQ
P O BOX 67682
LOS ANGELES,
CA 90067-0682
checked.
by interoffice mail through a facility regularly maintained by the State Bar of
California addressed as follows:
Christine
A. Souhrada, Enforcement, Los Angeles
I hereby
certify that the foregoing is true and correct. Executed in Los Angeles, California,
on July 18, 2006.
Signed by:
Julieta E.
Gonzales
Case
Administrator
State Bar
Court