V I R G I N I A:



BEFORE THE VIRGINIA STATE BAR DISCIPLINARY BOARD





IN THE MATTER OF VSB Docket: 02-00-0608

HENRY THOMPSON TUCKER, JR.





ORDER OF REVOCATION



This cause came to be heard the 14th day of December 2001, on a Rule to Show Cause and Order of Suspension entered by the Virginia State Bar Disciplinary Board on November 29, 2001. The November 29, 2001 Order required the Respondent to appear before the Board on December 14, 2001, "to show cause why his license to practice law in the Commonwealth should not be suspended or revoked."

On December 14, 2001, this cause was heard by a duly convened panel of the Virginia State Bar Disciplinary Board composed of Richard J. Colten, Acting Chair, William C. Boyce, Jr., Bruce T. Clark, Thaddeus T. Crump and Karen A. Gould. Harry M. Hirsch, Deputy Bar Counsel, appeared as Counsel for the Virginia State Bar ("VSB"). Henry Thompson Tucker, Jr. ("Respondent") failed to appear.

The Chair opened the hearing by polling the Board members to ascertain whether any member had a conflict of interest that would preclude him or her from serving. There were no conflicts, and the hearing proceeded as scheduled.

The Virginia State Bar Exhibits 1 and 2 were admitted into evidence, without objection. Respondent did not submit any exhibits.

All procedural requirements have been complied with in terms of notification of the opportunity to be heard. Subsection (E)(1) of Part 6, IV, 13. (3) of the Rules of the Virginia Supreme Court governing Proceedings upon Adjudication of a Crime, provides in relevant part that: "[T]he Board shall forthwith enter an order summarily suspending the license of the Attorney and shall forthwith serve upon the Attorney (a) a copy of the written notification from the court, (b) a copy of the Board's order, and (c) a notice fixing the time and place of a hearing to determine whether the license of the Attorney should be revoked or further suspended." Respondent received a certified letter dated November 30, 2001, together with attachments from the Clerk of the Disciplinary System, which satisfied the requirements of subsection (E). See VSB Exhibit No. 1. Responded was further notified by certified letter dated December 6, 2001, that the location of the hearing had been changed to the Fourth Circuit Court of Appeals, Green Courtroom, although the date and time of the hearing remained the same. See VSB Exhibit No.1.

The burden of proof was on Respondent in this show cause proceeding. The burden was on Respondent to show cause why his license to practice law within the Commonwealth of Virginia should not be further suspended or revoked. Respondent failed to put on any proof or argument that his license should not be suspended or revoked.

The evidence adduced at the hearing was that Respondent had been convicted of several crimes by the United States District Court, Eastern District of Virginia, Richmond Division, and sentenced. Respondent had been charged with violations of federal law, namely 18 USC Section 1343 and 18 USC Section 2 (Wire Fraud; Aiding and Abetting) and 18 USC Section 1957(a) and 18 USC Section 2 (Money Laundering; Aiding and Abetting), to which he pled guilty on November 9, 2001. See VSB Exhibit 1. The respondent's prior disciplinary record was a private reprimand with terms in 1997.

Pursuant to Rule 13 (E)(2), if a finding is made by the Board that the Respondent has been found guilty of a Crime by the verdict of a judge or jury, then the Respondent's license shall be suspended or revoked.

Upon consideration of the matters before this panel of the Disciplinary Board, it is hereby found that Respondent was found guilty of a Crime by a judge, pursuant to a plea agreement and, therefore, it is

ORDERED that, pursuant to Part 6, IV, 13 (E) (2) of the Rules of the Virginia Supreme Court, the license of Respondent, Henry Thompson Tucker, Jr., to practice law in the Commonwealth of Virginia be, and the same hereby is, revoked; and it is

FURTHER ORDERED that pursuant to the provisions of Part 6, IV, 13 (K)(1) of the Rules of the Supreme Court of Virginia, as applicable, Respondent shall forthwith give notice by certified mail, return receipt requested, of the revocation of his license to practice law in the Commonwealth of Virginia to any and all clients for whom he is currently handling matters and to all opposing counsel and presiding judges in any pending litigation in which he is involved. Respondent shall make appropriate arrangements, as applicable, for the disposition of matters then in his care conforming to the wishes of his clients.

Respondent shall give notice within fourteen days of the effective date of the revocation order, and shall make such arrangements, as are required herein within forty-five days of the effective date of the revocation order that such notices have been timely given and such arrangements for the disposition of matters made; all issues concerning the adequacy of the notice and arrangements required herein shall be determined by the Board; and it is

FURTHER ORDERED that Respondent, Henry Thompson Tucker, Jr., shall, as appropriate, furnish true copies of all letters noticing the revocation of his license to practice law, with the original return receipts for said notice letters, to the Clerk of the Disciplinary System, on or before July 24, 2001; and it is

FURTHER ODERED that the Clerk of the Disciplinary System send an attested and true copy of this Opinion and Order to Respondent, Henry Thompson Tucker, Jr., by certified mail, return receipt requested, at his address of record with the Virginia State Bar, and to Barbara Williams, Bar Counsel, Virginia State Bar, 707 East Main Street, Suite 1500, Richmond, Virginia 23219.

Donna T. Chandler was the reporter for the hearing and transcribed the proceedings. Her address and telephone number is: Chandler & Halasz, P.O. Box 9349, Richmond, VA 23227, (804) 730-1222.

The Clerk of the Disciplinary System shall assess costs pursuant to Part 6, IV, 13(K)(10) of the Rules of the Virginia Supreme Court.



ENTER THIS ORDER THIS __ DAY OF __________, 2001



VIRGINIA STATE BAR DISCIPLNARY BOARD





By ____________________________________

Richard J. Colten, Acting Chair