Office of Disciplinary Counsel v. Fujiyama ( 2014 )

Electronically Filed
Supreme Court
SCAD-13-0003586
13-AUG-2014
08:48 AM
SCAD-13-0003586
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
OFFICE OF DISCIPLINARY COUNSEL,
Petitioner,
vs.
CHRISTOPHER M. FUJIYAMA,
Respondent.
ORIGINAL PROCEEDING
(ODC 13-031-9101)
ORDER OF SUSPENSION
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of the Report and Recommendation of
the Disciplinary Board of the Supreme Court of the State of
Hawai'i recommending this court suspend Respondent Christopher M.
Fujiyama for two years and require him to bear the cost of the
disciplinary proceedings, and upon review of the record, this
court reaches the following findings and conclusions by clear and
convincing evidence.
Respondent Fujiyama did, in 2012, intentionally and
knowingly traffic in counterfeit goods, in violation of 18 U.S.C.
§ 2320(a)(1), and is currently serving a three-year period of
probation for that federal offense. Such conduct reflects
adversely on Respondent Fujiyama’s honesty, trustworthiness, and
fitness as a lawyer, and is conduct involving dishonesty, fraud,
deceit or misrepresentation, in violation of Rules 8.4(b) and
8.4(c) of the Hawai'i Rules of Professional Conduct (1994). In
aggravation, we find Respondent Fujiyama acted with a dishonest
or selfish motive and engaged in a pattern of misconduct which
injured the corporate owners of the rightful trademarks. In
mitigation, we note his previously clean disciplinary record, his
timely, good-faith effort at restitution, his cooperative
attitude with federal investigators, his full disclosure to the
Disciplinary Board, his cooperative attitude toward the
disciplinary proceedings, the other penalties imposed upon him
for his conduct, including a six-month home detention during non­
working hours and full payment of a $20,000.00 fine, the support
he received from 19 individuals attesting to his character, and
his expressions of genuine remorse. Therefore,
IT IS HEREBY ORDERED that Respondent Fujiyama is
suspended from the practice of law in this jurisdiction for a
period of two years, effective 30 days after the date of entry of
this order, as provided by Rules 2.3(a)(2), 2.13(d), and 2.16(c)
of the Rules of the Supreme Court of the State of Hawai'i (RSCH).
IT IS FURTHER ORDERED that, in addition to any other
requirements for reinstatement imposed by the Rules of the
2
Supreme Court of the State of Hawai'i, Respondent Fujiyama shall
pay all costs of these proceedings as approved upon the timely
submission of a bill of costs, as prescribed by RSCH Rule 2.3(c).
IT IS FINALLY ORDERED that Respondent Fujiyama shall,
within ten days after the effective date of his suspension, file
with this court an affidavit that he is in full compliance with
RSCH Rule 2.16(d).
DATED: Honolulu, Hawai'i, August 13, 2014.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
3