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Bakary Conteh (WSBA no. 35098, admitted 2004), of Seattle, was ordered to receive a reprimand on May 28, 2009. This discipline was based on conduct involving misrepresentations before a tribunal.
On November 28, 2005, Mr. Conteh prepared an Application for Asylum and for Withholding of Removal (Application) on behalf of a client. Mr. Conteh signed the Application, attesting that it was based on information of which he had knowledge or which was provided to him by the client. Mr. Conteh also acknowledged that he would be subject to civil penalties for knowingly providing false information. In the Application, Mr. Conteh falsely represented that the client had resided at Mr. Conteh’s residence in Everett since June 2004. The client had never resided with Mr. Conteh. Mr. Conteh filed the Application with the United States Department of Homeland Security.
On March 22, 2006, Mr. Conteh represented the client at an interview with an asylum officer. Consistent with the misrepresentations in the Application, the client told the asylum officer, in Mr. Conteh’s presence, that he had resided with Mr. Conteh since June 2004. The asylum officer concluded that the client was prohibited from applying for asylum and referred the Application to an immigration judge for hearing. Before the hearing, Mr. Conteh received the Government’s Prehearing Statement, which included a copy of the asylum officer’s Assessment to Refer. After he read the Assessment, Mr. Conteh recognized that his prior misrepresentation concerning the dates of the client’s residence with him could result in a denial of the Application.
On July 31, 2006, Mr. Conteh represented the client at a hearing before an immigration judge. The Application that Mr. Conteh had prepared was admitted into evidence at the hearing. At the hearing, Mr. Conteh made a “correction” to the Application concerning the dates of the client’s residence with him. Mr. Conteh falsely represented to the immigration judge that the client had actually resided with him since June 2005. At the hearing, Mr. Conteh also offered false evidence through the testimony of the client that the client had resided with him since June 2005.
Mr. Conteh’s conduct violated RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.
Scott G. Busby represented the Bar Association. Mr. Conteh represented himself. David A. Summers was the hearing officer. |