BEFORE THE VIRGINIA STATE BAR
DISCIPLINARY BOARD
IN THE MATTER OF VSB DOCKET: 02-000-0194
JEFFREY MARTIN LAUB
ORDER
On September 28, 2001, this matter
came on for hearing upon the Show Cause Order and Order of Suspension and Hearing,
dated September 4, 2001, before a duly convened panel of the Virginia State
Bar Disciplinary Board consisting of John A. Dezio, First Vice-Chair, William
C. Boyce, Jr., Donna A. DeCorleto, Joseph R. Lassiter, Jr., and Roscoe B. Stephenson,
III.
The Respondent, Jeffrey Martin Laub,
did not appear in person, nor was he represented by counsel. Richard E. Slaney,
Assistant Bar Counsel, appeared as counsel for the Virginia State Bar. Donna
T. Chandler of Chandler & Halasz, P. O. Box 9349, Richmond, Virginia 23227,
telephone (804) 730-1222, transcribed the proceedings.
This proceeding arises under Part
6, Section IV, paragraph 13(E) of the Rules of the Supreme Court of Virginia,
and its purpose is for the Board to determine whether to order suspension or
revocation of the Respondent's license as a result of Respondent's felony conviction
entered by the United States District Court for the District of Maryland.
The Bar introduced into evidence
three exhibits: Exh. 1, a criminal information styled, UNITED STATES OF
AMERICA v. JEFFREY LAUB, charging mail fraud in violation of 18 U.S.C.
ß 1341; Exh. 2, a plea agreement dated March 20, 2001 entered into by the Respondent
in the said court whereby the Respondent plead guilty to the criminal offense
charged by the information; and Exh. 3, the order of said court dated August
6, 2001 convicting the Respondent of the offense as charged. The Respondent
admitted in the plea agreement that in his practice of collecting delinquent
and defaulted federal student loans under the Federal Family Education Loan
Program he had intentionally not reported the collection of $21, 924.20 and
had converted this sum to his own uses, resulting in a loss to the guarantee
agencies, net of the legal fees to which he would have been entitled, of $16,655.39,
and that he had used the U.S. mail to facilitate the fraudulent scheme.
In Respondent's absence from the
hearing, the Bar introduced into evidence a letter written by Respondent to
the Board asking the Board to consider certain statements during its deliberations.
Said letter was admitted into evidence as an exhibit.
Based on the exhibits presented during
the hearing, the Board finds by clear and convincing evidence that Respondent
upon entry of the guilty plea was convicted a felony involving false and fraudulent
representations and larceny in the course of his representation of a client.
Upon such finding, the Board ORDERS, pursuant to Part 6, Section IV, paragraph
13(E)(2)(b) of the Rules of the Supreme Court of Virginia, that the license
of the Respondent, Jeffrey Martin Laub, should be, and is hereby, revoked, effective
September 28, 2001.
IT IS FURTHER ORDERED, pursuant to
the provisions of Part 6, Section IV, paragraph 13(K)(1) of the aforesaid rules,
that the Respondent shall forthwith give notice by certified mail, return receipt
requested, of his revocation of his license to practice law in the Commonwealth
of Virginia to all clients for whom he is currently handling matters, and to
all opposing attorneys and presiding judges in pending litigation. The Respondent
shall also make appropriate arrangements for the disposition of matters in his
care in conformity with the wishes of his clients. Respondent shall give such
notices within fourteen (14) days of the effective date of the revocation order
and make such arrangements as are required herein within forty-five (45) days
of the effective date of the revocation order. The Respondent shall furnish
proof to the Bar within sixty (60) days of the effective date of the revocation
order that such notices have been timely given and such arrangements for disposition
of matters made, all issues concerning adequacy of the notices and arrangements
required herein shall be determined by the Disciplinary Board; and
IT IS FURTHER ORDERED that the Respondent
shall furnish true copies of all of the notice letters sent to all persons notified
of the revocation with original return receipts for such notices to the Clerk
of the Disciplinary System on or before November 27, 2001; and
IT IS FURTHER ORDERED that the Clerk
of the Disciplinary System send an attested and true copy of this Opinion and
Order to the Respondent, Jeffrey Martin Laub, by certified mail, return receipt
requested, at his address of record 10615 Millset Seed Hill, Columbia, MD 21044,
and to Richard E. Slaney, Assistant Bar Counsel, Virginia State Bar, 707 East
Main Street, Suite 1500, Richmond, Virginia 23219-2800.
The Clerk of the Disciplinary System shall assess costs pursuant to Part 6, Section IV, paragraph 13(K)(10) of the aforesaid rules.
ENTERED this ____ day of October, 2001.
VIRGINIA STATE BAR DISCIPLINARY BOARD
By:__________________________________________
John A. Dezio, First Vice-Chair