RONALD R. SNYDER V. KENTUCKY BAR ASSOCIATION
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RONALD R . SNYDER
V.
MOVANT
IN SUPREME COURT
KENTUCKY BAR ASSOCIATION
RESPONDENT
OPINION AND ORDER
Ronald Snyder moves this Court to enter an order permanently
disbarring him from the practice of law in the Commonwealth of Kentucky . In
response, the Kentucky Bar Association (KBA) agrees that Snyder's conduct
warrants permanent disbarment . Snyder, whose KBA member number is
66280 and whose bar roster address is 187000 Shelbyville Road, Fisherville,
KY 40023, 1 states that he has not actively practiced law since 1988. The
parties have not provided this Court with Snyder's date of admission to the
practice of law in Kentucky.
Snyder has admitted to exercising fraudulent and illegal control over
another's condominium by renting it to others and keeping the rental income
for himself after the condominium owner's death . Snyder admitted to
Snyder's bar roster address was not provided in the parties' pleadings nor were we
able to locate it in the record provided. The bar roster address used in this
Opinion and Order was found using the Lawyer Locator feature on the KBA
website, www. bar.org .
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knowingly failing to locate the heirs of the owner or cede control of the
condominium to the Commonwealth of Kentucky after the owner's death.
Snyder collected at least $15,000 in rent over the course of approximately
twelve years. Based on this conduct, he was criminally charged in federal
court with committing mail fraud in violation of 18 U.S.C . ยง 1341 . He entered a
guilty plea to this charge.2 According to his plea agreement, this conviction
could subject him to up to twenty years' imprisonment, as well as fines and
supervised release .
In addition to the federal crime, Snyder admits to state court charges to
the effect that "while serving as Executor but not as Attorney" for an estate, he
"did not ensure the proper distribution of assets of [the] estate for a period of
seventeen years" because of "his abuse of alcohol and failing health . . . . ..
The KBA's response to Snyder's motion. does not specifically discuss the
pending state court charges . The KBA's response does generally recite that
Snyder "entered a Plea of Guilty to the criminal charges against him." It is
unclear to us whether this statement refers only to the federal mail fraud
conviction or to pending charges in Kentucky state court charges, as well .
2
Our recitation of the facts underlying this federal mail fraud conviction is
consistent with Snyder's admissions in his written plea agreement. Snyder's
verified motion to this Court differs from his guilty plea insofar as he alleges here
that he "sought unsuccessfully to locate Decedent's heirs" and that his continued
acceptance of rental payments over twelve years occurred "[d]ue to impaired
judgment as a result of . . . alcohol abuse and health issues . . . . .. We consider
Snyder's admissions in his written plea agreement controlling because Snyder
entered into the agreement while represented by counsel ; and he and his counsel
both acknowledged, in writing, that they had reviewed every part of the agreement
and that Snyder understood its terms and voluntarily entered into the agreement.
Despite the KBA's lack of specific response to this admitted misconduct
of failing properly to distribute assets of an estate, we note that Snyder
attached to his motion a document purporting to be a "Commonwealth's Offer
on a Plea of Guilty" signed by Snyder and his counsel, which recites the
following facts:
Beginning in March 1993, the defendant [Snyder] intentionally
concealed from the rightful heirs and unlawfully maintained
control over stock owned by [Decedents T. L. and/or M. L.] upon
their deaths . The value of this stock was over $300. The
defendant also intentionally concealed from the rightful heirs and
unlawfully maintained control over more than $300 in a [bank]
checking account owned by [Decedent T. L.] when he died . . . .
[recitation of facts underlying federal mail fraud conviction for
unlawfully maintaining control over and collecting rental payments
on condominium previously owned by Decedent R. C.] . . . Finally,
the defendant, knowing that [R. C.] was deceased, used [R. C.'s]
name, date of birth and driver's license and forged his signature to
complete a Homestead Exemption application with the
Commonwealth of Kentucky in order to reduce tax liability on the
property .
The agreement then recites the Commonwealth's recommendation for Snyder's
sentence -- one year on each count, to be served concurrently 3 ---- offered in
exchange for Snyder's plea of guilty to three counts of theft by deception over
$300, one count of identity theft, and one count of second-degree criminal
possession of a forged instrument. The agreement further states that each
charged count would subject Snyder to
a statutory penalty of one to five years'
The Commonwealth's recommended sentence also included fines, restitution
(return of assets to the T.L. estate), and probation for the same period imposed by
the federal district court in the federal mail fraud case.
imprisonment.4 Apparently, this state criminal case against Snyder may not
yet be fully resolved because Snyder's motion, which was filed with this Court
on August 19, 2010, recites that "additional charges are being lodged by the
Commonwealth's Attorney for the 30th Judicial District" and that Snyder has
"signed [a] Plea sheet with Commonwealth's Attorney's Office as relative to
state charges . . . ."
Snyder admits that his misconduct violates Kentucky Supreme Court
Rule (SCR) 3 .130((8 .4)(c) (conduct involving dishonesty, fraud, deceit or
misrepresentation) and requests that this Court grant his motion to resign
under terms of permanent disbarment under SCR 3.480(3) . He verifies that he
has not actively practiced law since 1988, that he will not seek reinstatement
to the bar, that he will not practice law after his disbarment, that he does not
advertise and has no clients, and that he will pay all costs of the disciplinary
investigation and proceedings. He also states that because of his mail fraud
conviction and other pending charges, "combined with [Snyder's] own
significant alcohol abuse and health issues," he wishes "to fully and finally
request termination of his license."
4
Theft by deception (Kentucky Revised Statutes (KRS) 514 .040) is a Class A
misdemeanor unless the value of the stolen property exceeds a certain threshold.
It appears the relevant amount for a Class D felony is now the range of between
$500 and $10,000 although the relevant amount was once the range of $300 to
$10,000. Identity theft is a Class D felony. KRS 514 .160. Second-degree criminal
possession of a forged instrument is also a Class D felony. KRS 516 .060 . A
Class D felony conviction subjects the defendant to a penalty of one to five years'
imprisonment . KRS 532.060(2)(d) .
Permanent disbarment is warranted here because
" Snyder has stated in his motion that he wishes to resign under terms
of permanent disbarment;
" the KBA has no objection to this motion;
" the federal mail fraud conviction is conclusive proof of criminal
conduct;5
" Snyder has admitted to further criminal conduct for which charges are
apparently pending in Kentucky state court;
" we adjudge Snyder guilty of violation of SCR 3 .130(8.4)(c); and
" earlier cases involving similar misconduct indicate that permanent
disbarment is appropriate.6
Accordingly, the Court ORDERS:
1)
Ronald Snyder is permanently disbarred from the practice of law in
the Commonwealth of Kentucky;
2)
Under SCR 3 .450, Snyder must pay all costs associated with these
disciplinary proceedings in the amount of $78 .75, for which execution may
issue from the Court upon finality of this Opinion and Order; and
s
6
Kentucky Bar Association v. Horn, 4 S .W.3d 135, 137 (Ky. 1999) .
See Kentucky BarAssociation v. Cameron, 262 S .W.3d 643 (Ky. 2008)
(misappropriation of funds, double-charging estate, and failure to respond to
disciplinary process) ; Kentucky Bar Association v. Steiner, 157 S.W.3d 209 (Ky.
2005) (commingling funds, misappropriating funds, and defrauding clients and law
firm) ; Kentucky Bar Association v. Matthews, 131 S.W.3d 744 (Ky. 2004) (fraud,
making false statements) ; Kentucky Bar Association v. Layton, 97 S.W.3d 452 (Ky.
2003) (misappropriation of funds, guilty plea to charges of theft by failure to make
required disposition) .
3)
Under SCR 3.390, Snyder must, within ten days from the entry of
this Opinion and Order, notify all clients, in writing, of his inability to represent
them; notify, in writing, all courts in which he has matters pending of his
disbarment from the practice of law; and furnish copies of all letters of notice to
the Director of the Kentucky Bar Association . Furthermore, to the extent
possible, Snyder must immediately cancel and cease any advertising activities
in which he is engaged.
All sitting. All concur.
ENTERED: September 23, 2010 .
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