In re Aquino

*1125 Opinion

We review the recommendation of the Review Department of the State Bar Court that petitioner Paulino Almando Aquino be disbarred. The recommendation stems from petitioner’s conviction on multiple counts of violating federal immigration and naturalization laws by engaging in a fraudulent scheme to aid citizens of the Philippines to obtain permanent resident status in the United States. Petitioner asserts the review department’s findings erroneously ignore evidence his involvement in the scheme was aberrant, he is remorseful, and he has been rehabilitated. He also contends disbarment is disproportionately severe as compared to the discipline imposed on other attorneys for similar or more egregious behavior.

We agree with petitioner that the hearing officer and the review department should have considered several mitigating factors. Taking those factors into consideration, we nonetheless conclude that disbarment is warranted.

I. Facts

Petitioner was born in the Philippines and was admitted to the Philippine Bar in 1963. Between 1969 and 1976, he was twice elected to the office of municipal counselor, the equivalent of a city councilman. He immigrated to the United…

I concur in the order only because petitioner will be eligible to apply for reinstatement on May 3, 1990 (rule 662, Rules Proc. of State Bar) and would appear to be an excellent candidate for reinstatement at that time. Otherwise, I would favor discipline less than disbarment in this case.

Though properly acknowledging the mitigating effect of petitioner’s good conduct following termination of the sham marriage scheme, the court refuses to recognize equally significant mitigation which in my view stems from petitioner’s altruistic motivation for his wrongful acts. (Ante., pp. 1131-1132.) I see no reason to disbelieve petitioner’s testimony that he became involved in the sham marriage scheme out of misplaced sympathy for his fellow Filipino immigrants.

In each instance of wrongdoing, petitioner charged no more than his usual modest fee for an immigration matter. There is no evidence that his illegal endeavors to implement the sham marriages produced, or were intended to produce, any greater financial return than if he had rendered legitimate legal services. Moreover, as a recent immigrant from the Philippines himself, petitioner naturally tended to sympathize with others who were…