Attorney Boose is licensed in Florida and Nebraska, and his practice in Florida focuses on land use and zoning laws. He regularly appeared before the Palm Beach County Board of Commissioners in Florida, seeking approval of land use, zoning and other real estate matters. Attorney Boose’s problems stem from his representation of a Palm Beach County Board of County Commissioners member, who he represented in a real estate transaction. Boose assisted this Commissioner with the purchase of a 150-acre tract of land in an area known as Nine Gems. Subsequent to the purchase of the property, the public official used his position to pursue the purchase of the land he had just bought by the South Florida Water Management District, but he did not disclose that he had a financial interest in the land. The County ultimately purchased the land. Before the closing on the sale, attorney Boose became aware that his cliet misused his public office to advance and leverage the sale of the property, but Boose did not make his client’s self-dealing known to authorities. The government later charged Boose with having knowledge of a felony and failing to report it in violation of 18 USC 4. Boose pleaded guilty, was sentenced to 24 months in prison and fined $25,000 and place on one year of suspended release. He also paid more than $400,000 in restitution. As a result, the Florida Bar Association suspended Boose from the practice of law for three years finding that he violated two rules of conduct: “(1) committing an act that is unlawful or contrary to honesty and justice; and (2) committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer.” He was not disbarred because the referee’s report found that he had not been previously disciplined, he had sought interim rehabilitation, he showed remorse, a criminal sentence had been imposed, and the record demonstrated “abundant evidence” of his good character and reputation. Because Boose was also admitted in Nebraska, the Court entered an order of reciprocal discipline.
State ex. rel. Counsel for Dis.v. Boose III, 2008 WL 103146 (Neb. 1/16/2009).
The opinion can be accessed at: http://www.supremecourt.ne.gov/opinions/2009/january/jan16/s07-923.pdf
Special thanks to Professor Anthony Schutz of the University of Nebraska College of Law for forwarding this case.
