Mason Attorney Suspended
2009-1100. Disciplinary Counsel v. Bennett, Slip Opinion No. 2009-Ohio-313.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 08-037. Clyde Bennett II, Attorney Registration No. 0059910, is indefinitely suspended from the practice of law in Ohio, with credit for time served under the interim suspension imposed on February 15, 2008.
Moyer, C.J., and Lundberg Stratton, O'Connor, O'Donnell, Lanzinger, and Cupp, JJ., concur.
Pfeifer, J., dissents and would impose the one-year suspension recommended by the board.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-313.pdf 
(Feb. 4, 2010) The Supreme Court of Ohio has imposed an indefinite suspension against the law license of Mason attorney Clyde Bennett II for conduct that resulted in his conviction on felony counts of unlawfully structuring financial transactions to evade federal regulations that require reporting of bank transactions involving more that $10,000 in cash. Bennett’s license has been under an interim suspension since Feb. 15, 2008, when the Court received notice of his felony conviction.
In a 6-1 per curiam opinion, the Court adopted findings by the Board of Commissioners on Grievances & Discipline that Bennett’s deliberate and repeated violations of currency reporting regulations also violated the state attorney discipline rules that prohibit conduct involving fraud, deceit, dishonesty or misrepresentation, and conduct that adversely reflects on an attorney’s fitness to practice law.
In light of Bennett’s repeated acts of misconduct over a five-month period and the large amount of money involved in those transactions (approximately $124,300), a majority of the Court voted to impose an indefinite license suspension rather than the one-year suspension recommended by the disciplinary board. Chief Justice Thomas J. Moyer and Justices Evelyn Lundberg Stratton, Maureen O’Connor, Terrence O’Donnell, Judith Ann Lanzinger and Robert R. Cupp concurred in the majority opinion. Justice Paul E. Pfeifer dissented, stating that he would impose a one-year suspension as recommended by the board.
The Court agreed with the board’s recommendation that Bennett should be credited with the time he has already served under interim suspension.
Contacts
Jonathan E. Coughlan, 614.461.0256, for the Office of Disciplinary Counsel.
Clyde Bennett II, pro se, 330.758.7700.
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