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24661 - In the Matter of Randall M. Chastain

THE STATE OF SOUTH CAROLINA

In The Supreme Court

In the Matter of Randall

M. Chastain, Respondent.

Opinion No. 24661

Submitted July 1, 1997 - Filed August 4, 1997

DEFINITE SUSPENSION

Randall M. Chastain, of Columbia, pro se.

Attorney General Charles Molony Condon and Assistant Deputy

Attorney General J. Emory Smith, Jr., both of Columbia, for

complainant.

PER CURIAM: In this attorney disciplinary matter, respondent

conditionally admits to engaging in misconduct and agrees to a retroactive

suspension from the practice of law for ninety days.1 We accept the conditional

admission.

Respondent pled guilty to three counts of failure to make and file a

South Carolina Income Tax return for the tax years 1989, 1990, and 1993 in

violation of S.C. Code Ann. § 12-54-40(b)(6)(c) (Supp. 1996). Respondent was

sentenced to concurrent terms of imprisonment of one year and/or a fine of

$10,000, provided that the sentence would be suspended upon one year probation

and the performance of 80 hours of community service.

The failure to file a tax return is a serious crime as set forth in

Paragraph 2 (P) of the Rule on Disciplinary Procedure, former Rule 413 'SCACR.

By his conduct, respondent has violated Rule 8.4 of the Rules of Professional

Conduct, Rule 407, SCACR, by committing a criminal act that reflects adversely

upon his honesty, trustworthiness and fitness as a lawyer and has violated

Paragraph 5(E), of the Rule on Disciplinary Procedure, former Rule 413 'SCACR,

by engaging in conduct tending to bring the courts or legal profession into

disrepute.

In our opinion, respondent's misconduct warrants a definite

suspension from the practice of law for ninety days. Accordingly, respondent is

suspended for ninety days, retroactive from the date of this opinion.

DEFINITE SUSPENSION.

1Respondent's license to practice law was suspended for a two year period

effective March 17, 1994. In the Matter of Chastain, 316 S.C. 438, 450 S.E.2d 578

(1994). Respondent has not sought to have his license reinstated.