Disciplinary Reporter Case Digest

Attorney ID 8433
Attorney Name Preate, Jr., Ernest D.
DBP Docket No. 114 DB 1995
Supreme Court Docket No. 136 D.D. No. 3
County Lackawanna
Disciplinary Counsel Edwin W. Frese, Jr.
Counsel for Respondent Samuel C. Stretton
Decision Date 2001-03-19
Effective Date 2001-03-19
Case Digest This is a reinstatement from discipline case. By order dated June 23, 1999, Respondent had been suspended for five years, retroactive to August 16, 1995, the date of his temporary suspension. He had pleaded guilty to one count of mail fraud on which he had been sentenced to 14 months incarceration and a $25,000 fine. The criminal charge involved solicitation and receipt of about $20,000 in illegal campaign contributions between 1985 and 1988 while a District Attorney and, in order to cover up the illegal cash contributions, filing of false and materially misleading campaign finance reports under oath between 1985 and 1994. Respondent had twice been elected Attorney General and had been a candidate for governor. Respondent filed for reinstatement on December 27, 1999 and a hearing was held on June 13, 2000. At the hearing, Respondent introduced 23 character witnesses who testified to Respondentís reputation for being truthful, honest, and law abiding and that he was truly remorseful for his misconduct. Further, they testified they had no hesitation in recommending his reinstatement. More than 100 letters urging reinstatement were also introduced. Respondent also introduced evidence that, since his release from prison, he was involved in numerous pro bono activities with various organizations, including prison advocacy groups, and that he had been elected to the Boards of the Pennsylvania Prison Society, Pennsylvania C.U.R.E., and the Economic Development Counsel of Northeastern Pennsylvania. Disciplinary Counsel had no evidence with which to oppose reinstatement. Both the Hearing Committee and Board recommended reinstatement, which the Court granted.
Rule Violation(s) None
Discipline Imposed None
Points of Law None
Report/Opinion Download