S.E. 2d
THE STATE OF SOUTH CAROLINA
In The Supreme Court
In the Matter of Robert
Holt, Respondent.
Opinion No. 24708
Submitted October 13, 1997 - Filed October 27, 1997
DISBARRED
Robert Holt, of Houston, Texas, pro se.
Attorney General Charles Molony Condon and Senior
Assistant Attorney General James G. Bogle, Jr., all of
Columbia, for the Office of the Disciplinary Counsel,
PER CURIAM: In this attorney disciplinary matter, respondent
and Disciplinary Counsel have entered into an agreement under Rule 21, RLDE,
Rule 413, SCACR. In this agreement, respondent admits misconduct and
consents to be disbarred from the practice of law. We accept the agreement.1
Respondent entered into a plea agreement with the United States
Attorney whereby respondent agreed to plead guilty to one count of knowingly
and willfully executing a scheme and artifice to obtain the monies, funds,
credits, assets, securities, or other property of a financial institution whose
deposits were insured by the Federal Deposit Insurance Corporation, by means
of false and fraudulent pretenses in violation of 18 U.S.C.A. 1344 (1994). In
exchange for the plea, the United States Attorney agreed not to prosecute
respondent for any similar offenses commiitted in the District of South Carolina
prior to September 22, 1994. Respondent pled guilty pursuant to the plea
agreement and was sentenced to probation for five years.
By his conduct, respondent has violated Rule 8.4(d) of the Rules of
Professional Conduct, Rule 407, SCACR, by engaging in conduct involving
1Respondent was previously indefinitely suspended on unrelated
misconduct and has not been reinstated to the practice of law. In re Holt, 317
S.C. 48, 451 S.E.2d 884 (1994).
p. 22
IN THE MATTER OF HOLT
dishonesty, fraud, deceit or misrepresentation. This is a ground for discipline
under Rule 7(a)(1), RLDE. Additionally, bank fraud, as defined by 18 U.S.C.A.
1344, is a serious crime as defined by Rule 2(z), RLDE, and is therefore
misconduct and a ground for discipline under Rule 7(a)(4), RLDE.
In our opinion, respondent's misconduct warrants disbarment from
the practice of law. Accordingly, respondent is disbarred, effective on the date of
this opinion. Within fifteen days of the date of this opinion, respondent shall file
an affidavit with the Clerk of Court showing that he has complied with Rule 30,
RLDE.
DISBARRED
p. 23