In re David H. Miller ( 2021 )

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DISTRICT OF COLUMBIA COURT OF APPEALS
No. 19-BG-1092
IN RE DAVID H. MILLER, RESPONDENT.
A Suspended Member of the Bar
of the District of Columbia Court of Appeals
(Bar Registration No. 482782)
On Report and Recommendation
of the Board on Professional Responsibility
(BDN 70-19)
(Decided September 16, 2021)
Before: GLICKMAN and DEAHL, Associate Judges, and NEBEKER, Senior
Judge.
PER CURIAM: The Board of Professional Responsibility recommends that
David H. Miller be disbarred from the practice of law after being convicted of one
count of conspiracy to commit mail and wire fraud in violation of 18 U.S.C. § 1349;
one count of conspiracy to launder monetary instruments in violation of 18 U.S.C. §
1956(h); four counts of mail fraud in violation of 18 U.S.C. §§ 2 and 1341; and four
counts of wire fraud in violation of 18 U.S.C. §§ 2 and 1343. This court has
previously concluded that both mail and wire fraud are crimes of moral turpitude per
2
se.1 Respondent has not filed any exception to the Board’s Report and
Recommendation nor has he filed the required D.C. Bar R. XI, § 14(g) affidavit after
the court imposed an interim suspension on November 20, 2019.
Under D.C. Bar R. XI, § 9(h)(2), “if no exceptions are filed to the Board’s
report, the Court will enter an order imposing the discipline recommended by the
Board upon the expiration of the time permitted for filing exceptions.” See also In
re Viehe, 762 A.2d 542, 543 (D.C. 2000) (“When . . . there are no exceptions to the
Board’s report and recommendation, our deferential standard of review becomes
even more deferential.”). Because no exceptions have been filed and the convictions
are crimes of moral turpitude per se for which disbarment is required by D. C. Code
§ 11-2503(a), we accept the recommendation that respondent be disbarred.
Accordingly, it is
ORDERED that respondent David H. Miller is hereby disbarred from the
practice of law in this jurisdiction. Respondent’s attention is directed to the
requirements of D.C. Bar. R. IX § 14 and their effect on eligibility for reinstatement.
See D.C. Bar. R. IX § 16(c).
So ordered.
1
See, e.g., In re Brown, 80 A.3d 1043, 1044 (D.C. 2013).