Washburn v. Shapiro
United States District Court for the Southern District of Florida
409 F. Supp. 3 (1976)
- Written by Kate Luck, JD
Facts
Paul C. Washburn (plaintiff), an accountant, was convicted of aiding or advising in the preparation of a fraudulent tax return in violation of 26 U.S.C. § 7206(2). The director of practice of the United States Treasury Department (defendant) notified Washburn that he was considering instituting a disbarment proceeding. A disbarment proceeding was subsequently initiated, and the administrative-law judge found that Washburn’s conviction under § 7206(2) constituted grounds for disbarment under 31 C.F.R. § 10.50. Washburn appealed the decision, and general counsel for the Treasury Department affirmed the decision. Washburn filed a complaint against the Treasury Department and several of its employees (defendants), seeking review of the disbarment proceedings. Washburn argued several violations of his right to procedural due process, including that there was a lack of separation between the prosecuting authority and the judicial authority, and that the burden of proof fell on Washburn to prove his innocence. The Treasury Department filed a motion for summary judgment.
Rule of Law
Issue
Holding and Reasoning (Fulton, C.J.)
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