Pontiac lawyer disbarred after felony conviction.

Byline: Lee Dryden

A Pontiac attorney has been disbarred by an Attorney Discipline Board panel after he was convicted of a federal charge of conspiracy to commit wire fraud.

The disbarment notice for Marcellus Long Jr., P 43630 (MiLW No. 12-98858, 1 page) was issued Nov. 15. Long, who was sentenced to a year in federal prison, has been continuously suspended from the practice of law since July 25, 2017, when he pleaded guilty to the felony count.

The case was assigned to Tri-County Hearing Panel No. 72, which included chairperson Thomas J. Ryan and members Matthew A. Brauer and Ronald K. Weiner. John K. Burgess represented the Attorney Grievance Commission while Richard H. Morgan Jr. and Elbert L. Hatchett represented Long.

The case

On April 25, 2018, the grievance administrator filed a Notice of Filing of Judgment of Conviction following Long's conviction in the U.S. District Court for the Eastern District of Michigan.

At an Aug. 2 hearing, the grievance administrator's counsel argued that Standard 5.11 of the American Bar Association Standards for Imposing Lawyer Sanctions is the applicable standard which provides that "disbarment is generally appropriate when a lawyer engages in serious criminal conduct, a necessary element of which includes intentional interference with the administration of justice, misrepresentation, fraud, extortion or misappropriation or theft."

"Counsel advised that the conviction for conspiracy to commit mail or wire fraud included respondent's active involvement in the conspiracy resulting in the transfer or embezzlement of a total of $198,000," according to the hearing panel report.

As for aggravating factors, the administrator's counsel cited Long's disciplinary history that includes a one-year suspension in 2017 for professional misconduct that included neglecting legal matters. Other past discipline includes two admonishments, a reprimand and a 30-day suspension, according to the report.

Long's counsel, Richard H. Morgan Jr., pointed to the government's Motion for Downward Departure for 40 percent below the applicable sentencing range because of Long's guilty plea, his full debriefing about the underlying offenses, and his agreement to testify against a co-defendant deemed the mastermind of the conspiracy.

"During respondent's participation in the scheme, victims were defrauded out of $198,000. Respondent received $41,283.39, of which respondent asserts that only $11,000 was obtained after he realized he was...