BEFORE THE VIRGINIA STATE BAR DISCIPLINARY BOARD
IN THE MATTER OF:
CHARLES LOWENBERG PINCUS, III
VSB DOCKET NOS. 03-021-1861, 03-021-1866, 03-021-1868
ORDER OF SUSPENSION
This matter came before the Virginia State Bar Disciplinary Board for hearing on June 27, 2003. The hearing was held before a duly convened panel of the Board consisting of James L. Banks, Jr., Henry P. Custis, Jr., Ann N. Kathan, Thaddeus T. Crump, Lay Member, and John A. Dezio, Chair.
All required notices were sent by the Clerk of the Disciplinary System. The Virginia State Bar was represented by Paul D. Georgiadis, Assistant Bar Counsel. Charles Lowenberg Pincus, III, the Respondent in this proceeding, was present and appeared without counsel. Tracy J. Stroh with Chandler and Halasz, P.O. Box 9349, Richmond, Virginia 23227, (804) 730-1222, having been duly sworn, reported the hearing.
The Chair opened the hearing by calling the case. The panel members were then polled as to whether any member had any conflict of interest or other reason why the member should not participate in the hearing. Each member, including the Chair, answered in the negative.
The Prior Proceedings
This matter arises out of a Notice of Noncompliance and Request for Suspension of Respondent’s License to Practice Law (the “Notice”) issued by Bar Counsel pursuant to the Rules of the Virginia Supreme Court, Part 6, Section IV, Paragraph 13(B)(5)(b)(3). In the Notice Bar Counsel asserts that in furtherance of the Bar’s investigations of three trust account complaints against the Respondent pending before the Second District Committee, Section I, of the Virginia State Bar, Bar Counsel issued a subpoena duces tecum upon the Respondent on April 4, 2003, returnable to the Bar on or before April 21, 2003. The subpoena duces tecum commanded the Respondent to produce to Bar Counsel certain bank statements, general ledgers, and reconciliations for the Respondent’s two trust accounts. On the Respondent’s request, Bar Counsel agreed to extend the subpoena response deadline to April 25, 2003.
At the hearing before the Board, Bar Counsel requested the suspension of Respondent’s license on the basis that the Respondent had failed to comply with the subpoena duces tecum.
After hearing testimony, viewing evidence, and hearing argument of Bar Counsel and the Respondent, the Board, unanimously, makes the following findings:
(i) The Respondent was given ample opportunity to comply with the subpoena duces tecum;
(ii) Although the Respondent produced certain bank statements to Bar Counsel at the morning of the hearing on June 27, 2003, the Respondent, by his own admission, has not produced general ledgers or reconciliations of his trust accounts to Bar Counsel and that such documents exist;
(iii) The Respondent has failed to comply with the subpoena duces tecum.
Based upon the Board’s findings and the prior disciplinary record of the Respondent, the Board believes the appropriate sanction is the interim suspension of the Respondent’s license until the Respondent fully complies with the subpoena duces tecum and Bar Counsel has certified that the Respondent has complied with the subpoena. Upon certification of compliance being issued by Bar Counsel the Respondent’s license shall be reinstated. Accordingly, it is so ORDERED that the license of Charles Lowenberg Pincus, III to practice law in the Commonwealth of Virginia is hereby SUSPENDED, effective June 27, 2003.
It is further ORDERED that the Respondent must comply with the requirements of Part 6, Section IV, Paragraph 13(M), of the Rules of the Supreme Court of Virginia.
It is further ORDERED that the Clerk of the Disciplinary System shall forward a copy of this order to the Respondent, by certified mail, return receipt requested, at his address of record with the Virginia State Bar, 1206 Laskin Road, Suite 140, Virginia Beach, Virginia 23451, and to Paul D. Georgiadis, Assistant Bar Counsel, Virginia State Bar, Eighth and Main Building, 707 East Main Street, Suite 1500, Richmond, Virginia 232194.
ENTERED this ____________________day of July, 2003
VIRGINIA STATE BAR DISCIPLINARY BOARD
John A. Dezio, Chair