Davis Adv. Sh. No. 27
S.E. 2d
THE STATE OF SOUTH CAROLINA
In The Supreme Court
In the Matter of R. Dean
Welch, Respondent.
Opinion No. 24691
Submitted September 4, 1997 - Filed September 22, 1997
DEFINITE SUSPENSION
Richard Dean Welch, of Murrells Inlet, pro se.
Attorney General Charles Molony Condon and Senior Assistant
Attomey General James G. Bogle, Jr., both of Columbia, for
complainant.
PER CURIAM: In this attorney disciplinary matter, respondent
conditionally admits to engaging in misconduct and agrees to be suspended from
the practice of law for ninety days, retroactive to the date of his interim
suspension. We accept the conditional admission.
Pursuant to an agreement with the State, respondent waived
presentment to an indictment charging him with failure to make and file a
South Carolina Income Tax return for the tax year 1993 in violation of S.C.
Code Ann. § 12-54-40(b)(6)(c). In exchange for respondent's plea, the State
agreed not to prosecute respondent on charges of failing to make and file a
return for the tax years 1990, 1991, 1992 and 1994. Respondent was sentenced
to imprisonment for one year, suspended upon service of five years' probation.
Respondent was also ordered to pay $40,731.00. The sentencing order provides
that upon payment of such restitution, respondent's probation will be
terminated.
The failure to file a tax return is a serious crime as set forth in
Rule 2(z), RLDE, Rule 413, SCACR. By his conduct, respondent has violated
Rule 8.4 of the Rules of Professional Conduct, Rule 407, SCACR, by committing
a criminal act that reflects adversely upon his honesty, trustworthiness and
fitness as a lawyer and has violated Rule 7(a)(1) and (4), RLDE, Rule 413,
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IN THE MATTER OF WELCH
SCACR, by violating the Rules of Professional Conduct and committing a serious
crime.
In our opinion, respondent's misconduct warrants a definite
suspension from the practice of law for ninety days. Accordingly, respondent is
suspended for ninety days, retroactive to July 8, 1997, the date he was placed
on interim suspension. 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, Rule 413, SCACR.
DEFINITE SUSPENSION.
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