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04/16/2010 "See News Release 028 for any Concurrences and/or Dissents.

SUPREME COURT OF LOUISIANA NO. 10-B-0092 IN RE: HARVEY WAYNE COOK

ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM* This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Harvey Wayne Cook, an attorney licensed to practice law in Louisiana.

UNDERLYING FACTS The underlying facts of this matter are not in dispute, having been stipulated to by the parties. The joint written stipulations provide, in pertinent part: 1) Respondent was admitted to practice law in the state of Louisiana on October 11, 1991. Respondent has no prior formal disciplinary action taken against his license. 2) During the calendar years 2000 and 2001, Respondent was employed as an attorney by Lonny A. Myles, APLC d/b/a "Myles, Cook, and Day" or "Myles, Cook, Day and Hernandez". 3) Despite the fact that Respondent had gross income of $106,944 for the taxable year 2000, he failed to file a personal income tax return for the taxable year 2000 on or before April 16, 2001. Respondent never

*

Chief Justice Kimball not participating in the opinion.

requested an extension of time in which to file his 2000 tax return. 4) Despite the fact that Respondent had gross income of $170,229 for the taxable year 2001, he failed to file a personal income tax return of the taxable year [2001] on or before [April 15, 2002]. Respondent never requested an extension of time in which to file his 2001 tax return. 5) On March 30, 2007, a bill of information was filed in the Eastern District of Louisiana charging Respondent with two (2) counts of Misdemeanor Failure to File a Tax Return in violation of 26 USC

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Louisiana Law