Opinion

In Re Caplan

  • 691 A.2d 1152
  • 1997 WL 138372
Court
District of Columbia Court of Appeals
Filed
Mar 27, 1997
Status
Published
On the bench
Ferren, Farrell, Ruiz
Cited by
5 cases
Authority
More cited than 68.1%

grand theft; California statute

How later courts described this case

  • grand theft; California statute
  • “Criminal offenses involving theft and fraud inherently involve moral turpitude.”

Written by the judges who cited it.

The opinion

PER CURIAM:

Following his conviction and sentence in the Superior Court of the State of California, County of San Francisco, for grand theft (§ 487 of the California Penal Code) and practice of law without a license (§ 6126(b) of the California Business and Professions Code), respondent was disbarred from the practice of law by the Supreme Court of the State of California. The Board on Professional Responsibility likewise recommends disbarment,

see

D.C.Code § 11-2503(a) (1995), on the ground that the theft statute under which respondent was convicted involves moral turpitude

per se. See In re Colson,

412 A.2d 1160, 1168 (D.C.1979) (en banc). We agree with that conclusion and accept the Board’s recommendation.

*

Criminal offenses involving theft and fraud inherently involve moral turpitude.

In re Sluys,

632 A.2d 734 (D.C.1993);

In re Slater,

627

*1153

A.2d 508 (D.C.1993);

In re Schwartz,

619 A.2d 39 (D.C.1993);

In re Boyd,

593 A.2d 183 (D.C.1991). The crime of grand theft under California law, requiring as it does a felonious intent to steal or take property in addition to the actual stealing or taking,

e.g., People v. Arriola,

330 P.2d 683 , 164 Cal.App.2d 430 (1958), inherently involves moral turpitude.

Bar Counsel informs us, without dispute, that respondent has not filed the affidavit required by D.C. Bar R. XI § 14(g) (1996).

See Slater,

627 A.2d at 509. Accordingly, we order that respondent Walter H. Caplan be disbarred from the practice of law in the District of Columbia, effective immediately.

So ordered.

*

We dismiss the concurrent reciprocal discipline matter.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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