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Attorney Grievance Commission of v. Newman11/5/1985
Bar Counsel, acting pursuant to the provisions of Maryland Rule BV9, filed a petition with us seeking disciplinary action against John Henry Newman, Jr., a member of the Maryland Bar since June 20, 1974. The complaint was based upon Newman's conviction in the United States District Court for the District of New Jersey of violation of 18 U.S.C. §§ 1341 and 1342 (mail fraud and aiding and abetting). Upon the basis of this conviction we had suspended Newman from the practice of law in Maryland under Rule BV16 prior to that petition. We shall disbar.
Pursuant to Rule BV9 b we referred the matter for hearing to one of the judges of the Circuit Court for Baltimore City. He reported:
"FINDINGS OF FACT
"The Respondent who presently resides at 1241 Battery Avenue in Baltimore City, is a 41 year old lawyer who was admitted to the Bar of Maryland on June 20, 1974, having graduated in 1974 from the University of Baltimore Law School.
"Prior to and during his law school career Mr. Newman worked for several insurance companies. He first went to work for Liberty Mutual as a Claims Adjustor in 1968. During his last year of law school he terminated his employment as a Claims Adjustor with Liberty Mutual and was hired as a supervisor at Maryland Casualty Company. As a supervisor his duty was to supervise claims adjustors in their investigation and then to evaluate the efficiency of their investigations and recommendations.
Within a year after assuming his duties with Maryland Casualty the Respondent was promoted to the position of Home Office Examiner whereupon he supervised offices across the country relative to the handling of civil claims such as workmen's compensation, products liability and negligence claims. He left Maryland Casualty in 1979 in order to pursue a private practice. In less than a year, however, he applied for and received employment with the Claims Department of Chubb and Son, Inc. His position was in the Claims Department of the Baltimore office of that company. Towards the end of 1979, however, he was transferred to the Philadelphia office as a Liability Claims Supervisor. Within approximately one year thereafter the Respondent received a promotion and was thereupon transferred to the company's office in Shorthills, New Jersey. He there occupied the position of Home Office Examiner. He received a subsequent promotion to Senior Claims Officer which is roughly equivalent to Assistant Vice President. Mr. Newman's salary at that time was approximately $35,000.00 per year and he was not engaging in the practice of law. In the latter part of 1982, however, he was terminated by Chubb as a result of having attended a staff meeting while under the influence of alcohol. Shortly thereafter he was employed by Medical Mutual Insurance Company as a Claims Supervisor receiving income of approximately $33,000.00 per year. His work with that company was terminated subsequent to his having pled guilty in the United States District Court of New Jersey to mail fraud charges, in violation of Title 18, Section 1341 of the United States Code. He has held no employment since then.
"Mr. Newman is an alcoholic. He began the use of alcohol to the point of intoxication during the early 1960's while he was a student at Georgetown University. His wife frequently joined him and other company members and their wives in gatherings where alcoholic beverages were liberally consumed. She did not consider this in anyway abnormal nor did she observe that there was any
misbehavior on the part of the company members and/or their wives. In 1976 Mr. Newman was arrested and convicted for dr
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