In Re Haley

ORDER

SUSAN WEBBER WRIGHT, Chief Judge.

According to the record in United States of America v. John H. Haley, LR-CR-98-29, on February 20, 1998, the Independent Counsel filed a one-count misdemeanor information, charging Mr. Haley with the following conduct:

From in or about June, 1990 to December, 1990, the Defendant JOHN H. HALEY, aided and abetted others in the willful failure to supply information to the Internal Revenue Service in that he assisted in the presentation of an Asset Transfer Agreement, and an Order Approving Disclosure Statement and Confirming Plan of Reorganization, copies of which he knew were provided to the Internal Revenue Service, which failed to supply complete and accurate information, to wit: They failed to completely and accurately describe the history and ownership of Planned Cable Systems, a loan agreement with Fleet National Bank, and an Agreement to sell Plantation Cable to American Cable Systems, in violation of 26 U.S.C. Section 7203 and 18 U.S.C. Section 2.

See docket entry no. 1.

When Mr. Haley pled guilty to the information on February 20, 1998, he stated that the charge was correct, that he participated in providing the documents, that those documents did not supply complete and accurate information to the Internal Revenue Service, and that he knew the documents were not complete and were inaccurate. Mr. Haley further stated he aided and abetted others whom he knew were intending to supply incomplete information. See Change of Plea Proceedings, Tr. at 15-17 (docket entry no. 4). On August 24, 1998, the Judgment was filed in Mr. Haley’s criminal case.

*927The Court has considered the misdemeanor information, the guilty plea, and letters from counsel in which counsel for Mr. Haley stated facts which the government did not dispute The Court concludes that Mr. Haley’s conduct violates Rule 8.4 of the Model Rules of Professional Conduct as amended by the Arkansas Supreme Court. The Eastern District of Arkansas has adopted these Rules as the standard of conduct for attorneys admitted to practice before this Court.

Rule 8.4 states, in pertinent part, as follows:

It is professional misconduct for a lawyer to:
(a) violate or attempt to violate the rules of professional conduct, knowingly assist or induce another to do so, or do so through the acts of another;
(b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects;
(c) engage in conduct involving dishonesty, fraud, deceit, or misrepresentation;

The Court finds that Mr. Haley should be reprimanded for this misconduct. This Order of reprimand will be entered in the files of the Court and shall be considered in the imposition of appropriate sanctions in the future event that Mr. Haley is found to have violated the Rules of Professional Conduct. Also, this reprimand will be filed as a public record with the Clerk of the Court, who will notify the National Discipline Bank operated by the American Bar Association of this Order.

THEREFORE, it is the decision and Order of the Eastern District of Arkansas that John H. Haley be, and hereby is, reprimanded.

Judge G. Thomas Eisele abstains from this decision and Order. Judge George Howard, Jr. dissents by separate opinion.