Opinions

• Publication year: 2002
• Pages: 119
• Citation: Vol. 31 No. 2 Pg. 119

31 Colo.Law. 119 Colorado Lawyer 2002.

2002, March, Pg. 119. Opinions

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119

Vol. 31, No. 2, Pg. 119

The Colorado Lawyer
March 2002
Vol. 31, No. 3 [Page 119]

From the Courts
Colorado Disciplinary Cases
Opinions

Case Number: 01PDJ071

Petitioner

RODERIC A. CARUCCI

Respondent

THE PEOPLE OF THE STATE OF COLORADO.

January 4, 2002

ORIGINAL PROCEEDING IN DISCIPLINE BEFORE THE

OFFICE OF THE PRESIDING DISCIPLINARY JUDGE

ORDER RE: REINSTATEMENT PURSUANT TO C.R.C.P. 251.29(j)

Opinion by the Presiding Disciplinary Judge, Roger L. Keithley and Hearing Board members Frances L. Winston, a member of the public, and Frederick Y. Yu, a member of the bar.

ATTORNEY REINSTATED

This reinstatement matter was heard on November 7, 2001, pursuant to C.R.C.P. 251.29(b) and (c) before the Presiding Disciplinary Judge ("PDJ") and two hearing board members, Frances L. Winston, a member of the public, and Frederick Y. Yu, a member of the bar. Gregory G. Sapakoff, Assistant Attorney Regulation Counsel, represented the People of the State of Colorado (the "People") and Roderic A. Carucci ("Carucci") appeared pro se. Terry Thomas testified on behalf of Carucci, who also testified on his own behalf. Carucci's exhibits 1, 2 and 3 were admitted into evidence by stipulation.

The PDJ and Hearing Board reviewed the Petition for Reinstatement and Response thereto, considered the testimony and exhibits admitted, assessed the credibility of the witnesses, and made the following findings of fact which were established by clear and convincing evidence.

I. FINDINGS OF FACT

The misconduct giving rise to Carucci's suspension arose from a reciprocal discipline action brought pursuant to C.R.C.P. 251.21 from the State of Nevada. On March 8, 1999 the Supreme Court of Nevada entered an order suspending Carucci from the practice of law for three months and imposed upon Carucci a fine of $5,000. In re: Discipline of Roderic A. Carucci, No. 32494 (Nev. 1999), 1999 Nev. LEXIS 22. Carucci's suspension arose out of his creating duplicate false tax returns which grossly overstated his income for the years 1992 and 1993, and submitting them to a lender in order to secure a large loan for the purchase of a yacht. Subsequently, Carucci attempted to deceive the Northern Nevada Disciplinary Panel while under oath by not telling the truth while under examination....