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Disciplinary Reporter Case Digest

Attorney ID 43398
Attorney Name Rostoker, Michael David
DBP Docket No. 37 DB 2005
Supreme Court Docket No. 991 DD No. 3
County Out of State
Disciplinary Counsel Suzy S. Moore
Counsel for Respondent None
Decision Date 2006-01-26
Effective Date 2005-03-24
Case Digest This was a reciprocal discipline case based on Respondent’s disbarment in Massachusetts for a criminal conviction in California of the offenses of one count of Conspiracy, a Class D Felony, in violation of Title 18 U.S.C.§ 371; four counts of Travel with Intent to Engage in Sexual Act with a Minor in violation of Title 18 U.S.C. § 2423(b); four counts of Using Facilities of Interstate Commerce to Induce a Minor to Engage in Illegal Sexual Acts, all Class C Felonies, in violation of Title 18 U.S.C. § 2422(b); one count of Conspiracy to Induce an Alien to Violate Law, a Class D Felony, in violation of 8 U.S.C.§1324(a)(1)(A)(iv); and one count of Encouraging an Alien to Come to the United States in violation of Law, a Class C Felony, in violation of Title 8 U.S.C. § 1324(a)(1)(A)(iv)(v)(I). Respondent was unsuccessful in appealing the conviction. Respondent was convicted and sentenced on October 7, 2002. Respondent responded to the Pennsylvania Supreme Court’s Rule to Show Cause why he should not be disbarred by unsuccessfully arguing that no harm was done because he has never had any clients in Pennsylvania and that he did not have due process in Massachusetts.
Rule Violation(s) Reciprocal Discipline -- Pa.R.D.E. 216
Discipline Imposed Reciprocal Disbarment retroactive to date of temporary suspension
Points of Law Procedurally, ODC first sent the matter to the court as a criminal conviction case. In that proceedings were ongoing in Massachusetts, ODC waited for that disbarment order and then proceeded under Pa.R.D.E. 216. The result was no disciplinary hearing and an Order of disbarment.
Report/Opinion not available