KENTUCKY BAR ASSOCIATION V. GARY ROBERT MATTHEWS
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KENTUCKY BAR ASSOCIATION
V.
APPELLANT
IN SUPREME COURT
GARY ROBERT MATTHEWS
APPELLEE
OPINION AND ORDER
On August 24, 2000, this Court ordered that Gary Robert Matthews,
Kentucky Bar Association ("KBA") number 44708, be temporarily suspended pursuant
to SCR 3 .16 following a federal criminal indictment that resulted from an investigation of
Calumet Farm . Matthews was later charged with one count of engaging in criminal
misconduct reflecting on his honesty, trustworthiness, and fitness to be an attorney in
violation of SCR 3.130-8 .3 and with one count of engaging in dishonest conduct
evidenced by felony convictions in violation of SCR 3 .130-8 .3(c). He was adjudged
guilty of these two counts of misconduct by a unanimous vote of the Board of
Governors ("the Board") .
Matthews' last known address is 601 East Main Street, Apartment #1, Lexington,
Kentucky 40502. Matthews was served by certified mail for which he signed, but
neither he nor his representative ever appeared before the Board or answered the
charges .
On February 7, 2000, Matthews was convicted of seven fraud or fraud-related
felonies in the United States District Court for the Southern District of Texas. His
convictions were as follows : one count of conspiracy to defraud a financial institution
(18 U .S .C. § 371), one count of bank fraud (18 U .S .C . § 1344), four counts of making
false statements (18 U .S .C . § 1014), and one count of bank bribery (18 U .S .C. § 215).
Matthews was sentenced to twenty-one (21) months in prison and was released from
custody on December 27, 2002 . The convictions were affirmed on appeal and
Matthews has exhausted all of his appeals and direct post-conviction remedies.
The Board recommended permanent disbarment by a vote of 15-2, the two
voting for a five-year suspension . The Board supported this recommendation with
citation to Kentucky Bar Assn v . Layton ,' Marsh v . Kentucky Bar Ass'n , 2 and Broadway
v. Kentucky Bar Ass'n . 3
This Court believes the recommended discipline is appropriate . Pursuant to
SCR 3.370(10), we adopt the Board of Governors' recommendation of permanent
disbarment .
It is hereby ORDERED that:
1) Gary Robert Matthews, KBA number 44708, is permanently disbarred from
the practice of law in Kentucky .
2) In accordance with SCR 3 .390, Gary Robert Matthews shall notify all Courts
in which he has pending matters, and all clients for whom he is actively
involved in litigation or similar legal matters, of his inability to continue to
represent them and of the necessity and urgency of promptly retaining new
Ky., 97 S .W .3d 452 (2003) .
2 Ky., 28 S .W.3d 859 (2000).
3 Ky., 8 S .W.3d 572 (2000).
counsel . Such notification shall be by letter duly placed in the United States
mail within ten (10) days of the date of this Opinion and Order, and he shall
simultaneously provide a copy of all such letters to the Director of the
Kentucky Bar Association . Upon issuance of this Opinion and Order Gary
Robert Matthews shall immediately, to the extent possible, cancel and cease
any advertising activities in which he is engaged .
3) Gary Robert Matthews shall pay the costs associated with the action in the
sum of $56.37, for which execution may issue from this Court upon finality of
this Opinion and Order.
All concur.
ENTERED: April 22, 2004.
COUNSEL FOR APPELLANT:
Bruce K. Davis, Executive Director
Jane H . Herrick
Bar Counsel
Kentucky Bar Association
514 West Main Street
Frankfort, KY 40601
COUNSEL FOR APPELLEE :
R. Burl McCoy
McCOY & WEST
P. O . Box 1660
309 North Broadway
Lexington, KY 40592-1660
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