In In re Rolando caballero, Caballero was charged with wire fraud and mail fraud. After a plea agreement and pleading guilty to the mail fraud charge he was placed on a supervised probation for five years. He was also ordered to pay a fine of $57,937.50 plus another $100.00 for special assessment. There was no further pursues towards the wire fraud charges. The Chief Disciplinary Counsel of the Commission for Lawyer Discipline brought a disciplinary action against Caballero disbarring him in March 23rd, 2007.
The Texas Supreme Court affirmed the referee’s conclusion that the lawyer (Caballero) knowingly committed the crime of mail fraud. In re Lock, 54 S.W.3d 305, 306 (Tex.2001). The standard grievance procedure applies in all instances of alleged attorney misconduct, except where an attorney is alleged to have committed an “intentional crime.” Also, Tex.R. Disciplinary P. 2.13-.18, 3.09-.10; “ In re Mercier, 242 S.W.3d 46, 47 (Tex.2007) (per curiam). The reviewing body may disbar the attorney under the standard grievance process, but also has the ability to assess “a range of lesser sanctions, including various types of suspension and reprimand.”
This case teaches us that the “The compulsory discipline procedure applies “[w]hen an attorney licensed to practice law in Texas has been convicted of an Intentional Crime or has been placed on probation for an Intentional Crime.” Under Rule 8.05 states that an attorney convicted of an intentional crime, or an attorney put on probation for an intentional crime, “shall be disbarred
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