Opinion
No. 1839 Disciplinary Docket No. 3 No. 57 DB 2012
10-15-2014
OFFICE OF DISCIPLINARY COUNSEL, Petitioner v. BRETT O. FEESE, Respondent
Attorney Registration No. 29939
(Lycoming County)
ORDER
PER CURIAM:
AND NOW, this 15 day of October, 2014, there having been filed with this Court by Brett O. Feese his verified Statement of Resignation dated August 29, 2014, stating that he desires to resign from the Bar of the Commonwealth of Pennsylvania in accordance with the provisions of Rule 215, Pa.R.D.E., it is
ORDERED that the resignation of Brett O. Feese is accepted; he is disbarred on consent from the Bar of the Commonwealth of Pennsylvania; and he shall comply with the provisions of Rule 217, Pa.R.D.E. Respondent shall pay costs, if any, to the Disciplinary Board pursuant to Rule 208(g), Pa.R.D.E. A True Copy Patricia Nicola
As Of 10/15/2014
Attest: /s/_________
Chief Clerk
Supreme Court of Pennsylvania
RESIGNATION BY RESPONDENT Pursuant to Rule 215 of the Pennsylvania Rules of Disciplinary Enforcement Re: Office of Disciplinary Counsel
v. BRETT O. FEESE
No. 1839 Disciplinary Docket No. 3
No. 57 DB 2012
Attorney Registration No. 29939
(Lycoming County)
RECORD OF PRIOR DISCIPLINE
None
BEFORE THE DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA (Lycoming) RESIGNATION
UNDER Pa. R. D. E. 215
Brett O. Feese, Esquire, hereby tenders his unconditional resignation from the practice of law in the Commonwealth of Pennsylvania in conformity with Pa.R.D.E. 215 ("Enforcement Rules") and further states as follows:
1. He was admitted to the bar in the Commonwealth of Pennsylvania on October 16, 1979 and was temporarily suspended by Supreme Court of Pennsylvania Order on October 31, 2012. His attorney registration number is 29939.
2. He desires to submit his resignation as a member of said bar.
3. His resignation is freely and voluntarily rendered; he is not being subjected to coercion or duress and he is fully aware of the implications of submitting this resignation.
4. He is aware that there is presently pending an investigation into his convictions of: six counts of Restricted Activities-Conflict of Interest, in violation of 65 Pa.C.S. §1103(a); six counts of Theft by Unlawful Taking or Disposition, in violation of 18 Pa.C.S. §3921(a); six counts of Theft of Services, in violation of 1B Pa.C.S. §3926(a); six counts of Theft by Deception, in violation of 18 Pa.C.S. §3922(a)(1); six counts of Theft by Failure to Make Required Disposition of Funds Received, in violation of 13 Pa.C.S. §3927(a); six counts of Criminal Conspiracy (Conflict of Interest and Theft), in violation of 18 Pa.C.S. §903; one count of Hindering Apprehension or Prosecution, in violation of 18 Pa.C.S. §5105; one count of Obstructing Administration of Law or Other Governmental Function, in violation of 18 Pa.C.S. §5101; one count of Criminal Conspiracy (Hindering Apprehension or Prosecution), in violation of 18 Pa.C.S. §903; and one count of Criminal Conspiracy (Obstructing Administration of Law or Other Governmental Function), in violation of 18 Pa.C.S. §903. The convictions were entered in Commonwealth of Pennsylvania v. Brett O. Feese, docketed at CP-22-CR-2585-2010 and CP-22-CR-192 7-2 011 in the Court of Common Pleas of Dauphin County, as evidenced by the Sentencing Order executed by the Court, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A".
4. He acknowledges that the material facts set forth in Exhibit "A" are true.
5. He submits the within resignation because he knows that he could not successfully defend himself against charges of professional misconduct, in that he was convicted of the crimes, in violation of the Rules of Professional Conduct, Rule 8.4(b), set forth in the attached exhibit.
7. He is fully aware that the submission of this Resignation Statement is irrevocable and that he can only apply for reinstatement to the practice of law pursuant to the provisions of Enforcement Rule 218(b).
8. He acknowledges that he is fully aware of his right to consult and employ counsel to represent him in the instant proceeding. He has consulted with and acted upon the advice, of counsel in connection with his decision to execute the within resignation.
It is understood that the statements made herein are subject to the penalties of 18 Pa.C.S., Section 4904 (relating to unsworn falsification to authorities).
Signed this 29 clay of August, 2014.
/s/_________
Brett O. Feese
WITNESS: __________ COMMONWEALTH OF PENNSYLVANIA
VS BRETT FEESE IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA No. 1927 C.R. 2011 No. 2585 C.R. 2010 SENTENCING ORDER
AND NOW, this 10th day of February, 2012, at docket 2585 C.R. 2010, charges involving Republican Information Technology Services, at count one, conflict of interest, the defendant is sentenced to pay the costs, pay a fine of $2,000 and is sentenced to a period of incarceration in a state correctional institution for a term of not less than 9 months nor more than 24 months.
Count ten, theft by unlawful taking, costs, fine of $2,000, sentence of not less than 9 months nor more than 24 months, running concurrently with count one.
Counts 19, 28 and 37, various theft counts merge with count ten and no additional sentence is necessary.
Count 48, which is conspiracy with respect to Republican Information Technology, costs, fine of $500, 9 to 24 months, concurrent.
Count two, charges involving GCR & Associates, conflict of interest, the defendant is sentenced to pay the costs, pay a fine of $2,000 and is sentenced to a period of incarceration in a state correctional institution for a term of not less than 9 months nor more than 24 months, running consecutively to the sentence at count one.
Count 11, costs, fine of $2,000, 9 to 24 months, concurrent with count two.
Counts 20, 29, 38, theft charges regarding GCR merge with count 11.
Count 49, conspiracy, costs, fine of $500, 9 to 24 months, concurrent with count 11.
Count three, Aristotle International," costs, fine of $2,000, 9 to 24 months state correctional institution, running consecutively to count two.
Count 12, costs, fine of $2,000, 9 to 24 months, concurrent with count three.
Counts 21, 30, 39, other theft charges merge with count 12.
Conspiracy, count 50, costs, fine of $500, 9 to 24 months, concurrent.
Count four, Labels and Lists, the defendant is sentenced to pay the costs, fine of $2,000, sentenced to a period of incarceration in a state correctional institution for a term of not less than 9 months nor more than 24 months, running consecutively to count three.
Count 13, costs, fine of $2,000, 9 to 24 months, concurrent with count four.
Counts 22, 31, 40, the other theft charges merge with count 13.
Count 51, conspiracy, costs, fine of $500, 9 to 24 months, concurrent.
Count seven, which is district operations staff, the defendant is sentenced to pay the costs, fine of $1,000 and is sentenced to a period of incarceration in a state correctional institution for a term of not less than 6 months nor more than 24 months, running consecutively to count four.
Count 16, costs, fine of $1,000, 6 to 24 months, concurrent with count 7.
Counts 25, 34, 43 merge with count 16.
Count 54, conspiracy, costs, fine of $500, 6 to 24 months, concurrent.
Count nine, House Republican Caucus Staff, costs, fine of $1,000, 6 to 24 months, running consecutively to count seven.
Count 18, costs, fine of $1,000, 6 to 24 months, concurrent with count nine.
Counts 27, 36, 45 merge with count 18.
Count 56, costs, fine of $500, 6 to 24 months, concurrent.
At docket 1927 C.R. 2011, count one, hindering apprehension, the defendant is sentenced to pay the costs, pay a fine of $1,000, sentenced to a period of probation of 24 months, running consecutively to count nine of 2585 C.R. 2010.
At count two, costs, fine of $500, 24 months probation, concurrent.
Count three, costs, fine of $500, 24 months probation, concurrent.
Count four merges with count three.
Restitution is ordered in the amount of one million dollars.
BY THE COURT
/s/_________
RICHARD A. LEWIS, Judge
Distribution: Department of Corrections