IN RE: BRIAN C. MALADY

Case Information: 11-BG-0302
Short Caption:	IN RE: BRIAN C. MALADY	Classification:	Bar Governance - Bar - Disciplinary Original
Superior Court or Agency Case Number:	BDN115-10	Filed Date:	03/10/2011
Opening Event Date:	03/10/2011	Case Status:	Decided/Dismissed
Record Completed:		Post-Decision Matter Pending:
Briefs Completed:
Argued/Submitted:
Disposition:		Next Scheduled Action:
Mandate Issued:

Events
Event Date	Status	Description	Result
03/10/2011		DISCIPLINARY LETTER from the Office of Bar Counsel with a certified copy of the docket and indictment regarding respondent. Respondent pled guilty on February 25, 2010, in the United States District Court for the Eastern District of Virginia to conspiracy to engage in money laundering with the intent to promote and carry on the distribution of controlled substances in violation of 18 U.S. Code Sec 1956 (a)(1)(A)(i). This offense involves a serious crime as defined by D.C. Bar Rule XI, Sec 10 (b) because it is a felony.
04/05/2011		ORDER It appearing that respondent pled guilty in the United States District Court for the Eastern District of Virginia to a conspiracy to engage in money laundering with the intent to promote and carry on the distribution of controlled substances, the court having received a certified copy of documents demonstrating respondent's guilty plea, and it appearing that the offense constitutes a serious crime as defined by D.C. Bar Rule XI, Sec 10 (b), it is ORDERED pursuant to D.C. Bar Rule XI, Sec 10 (c), that the respondent, Brian C. Malady, is suspended immediately from the practice of law in the District of Columbia pending resolutiion of this matter, and the Board on Professional Responsibility is directed to institute a formal proceeding to determine the nature of the offense and whether it involves moral turpitude within the meaning of D.C. Code Sec 11-2503 (a)(2001). It is FURTHER ORDERED that repsondent's attention is drawn to the requirements of D.C. Bar Rule XI, Sec 14 relating to suspended attorneys and to the provisions of Sec 16 (c) dealing with the timing of eligibility for reinstatement based on compliance with Sec 14, including the filing of the required affidavit. It is FURTHER ORDERED that Bar Counsel inform the court if the matter is resolved without the necessity of further court action. (ETW)
04/14/2011		AFFIDAVIT of respondent
07/29/2011	Filed	Report And Recommendation Of The BPR On Referral - that the court disbar respondent on consent pursuant to D.C. Bar R. XI, Sec 12 (b), and that it dismiss the pending criminal conviction matter as moot. The Board further recommends that the period of disbarment run, for purposes of reinstatement, nunc pro tunc to May 28, 2010. If the court declines to grant nunc pro tunc treatment to the date of respondent's conviction, the period of disbarment should run, for purposes of reinstatement, from April 5, 2011, the date of respondent's interim suspension. (Petitioner Board on Professional Responsibility)
08/25/2011	Lodged	Received a letter from the Board on Professional Responsibility advising the court that effective date of respondent's disbarment should run, for purposes of reinstatement from March 28, 2010. (Petitioner Board on Professional Responsibility)
08/25/2011	Filed	Order Amending published order this date amending the effective date of respondent's disbarment to May 28, 2010. (RZ,TH,NE)
08/25/2011	Filed	Disbarred On Consent ORDERED that the said Brian C. Malady is hereby disbarred by consent effective forthwith. The effective date of respondent's disbarment shall run, for reinstatement purposes, from March 28, 2010, the date of respondent's conviction. It is FURTHER ORDERED that Bar Counsel's petition for discipline based upon respondent's conviction and guilty plea in the United States District Court for the Eastern District of Virginia is hereby dismissed as moot. (RZ,TH,NE)