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Will Fed’l Judge’s Behavior Shift Line Between Judicial Freedom and Misconduct?
Gary Dubin spent 19½ months in a California federal prison and returned to Hawaii in October 1996 to practice law. The state’s Office of Disciplinary Counsel, in an extremely unusual decision concerning a matter of moral turpitude, determined that a finding of professional misconduct was “not warranted.”
Later, even the U.S. Internal Revenue Service reversed itself, saying he didn’t owe the $1.5 million that was the basis of his three misdemeanor convictions for failure to file tax returns.
In fact, the agency gave him nearly $100,000, including interest, from payment in an earlier tax year. The IRS had found that he indeed had substantial business losses and deductions for the years in question, and that they could be carried back.
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