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David Jacquot, (WSBA No. 19272, admitted 1989), of Dalton Gardens, Idaho, resigned in lieu of disbarment, effective September 28, 2012. While not admitting to the violations set forth in the Statement of Alleged Misconduct, Mr. Jacquot admitted that the Association could prove by a clear preponderance of the evidence that such proof would support disbarment. This discipline is based on conduct involving a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness, involving in dishonesty, fraud, deceit or misrepresentation and conduct involving moral turpitude, or corruption, or any unjustified act of assault or other act which reflect disregard for the rule of law. According to the Statement of Misconduct:
Mr. Jacquot operated his law practice through his corporation, DJPA, of which he was 100% owner. From January 2001 to May 2004, Mr. Jacquot was the general counsel for Company, a financial planning company that managed assets for medical professionals. Mr. Jacquot had a written agreement with Company by which DJPA received a monthly salary, management bonuses, and a percentage of the net profits of Company in return for Mr. Jacquot’s legal representation of Company and its related entities.
In 2001, Company paid DJPA compensation in an amount in excess of $469,000 and Mr. Jacquot deposited the funds into DJPA’s business account during 2001. On September 15, 2002, Mr. Jacquot signed the DJPA 2001 Corporate Income Tax Return under penalty of perjury. The tax return stated that the gross receipts for DJPA in 2001 were $344,250 and undervalued DJPA’s compensation by at least $125,000. In 2002, Company paid DJPA compensation in an amount in excess of $876,000 and Mr. Jacquot deposited the funds into DJPA’s business account during 2002. On September 15, 2003, Mr. Jacquot signed the DJPA 2002 Corporate Income Tax Return under penalty of perjury. The tax return represented that the gross receipts for DJPA in 2002 were $745,578, and undervalued DJPA’s compensation by at least $130,000.
On May 10, May 21 and June 26, 2006, Mr. Jacquot travelled in interstate commerce, flying from Washington to California with a minor child, who is more than 48 months younger than Mr. Jacquot. One of Mr. Jacquot’s motives and purposes in traveling in interstate commerce was to engage in illicit sexual conduct with the minor. While in California, Mr. Jacquot engaged in sexual conduct with the minor.
In April 2008, Mr. Jacquot was charged in Federal District Court with two counts of subscribing to a false tax return, in violation of 26 USC §7206(1). In August 2010, Mr. Jacquot was charged in Federal District Court with three counts of Transportation With Intent to Engage in Criminal Sexual Activity, in violation of 18 USC §2423(a). On March 27, 2012, the government filed superseding informations and Mr. Jacquot entered pleas of guilty to Travel with Intent of Engage in Illicit Sexual Activity in violation of 18 USC §2423(b) and 2423(f), and Filing a False Tax Return, in violation of 26 USC §7206(1). These crimes are felonies. On June 22, 2012, Mr. Jacquot was sentenced to time served.
Mr. Jacquot’s conduct violated RPC 8.4(b), prohibiting a lawyer from committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness; RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit or misrepresentation; and RPC 8.4(i), prohibiting a lawyer from committing any act involving moral turpitude, or corruption, or any unjustified act of assault or other act which reflects disregard for the rule of law.
Sachia Stonefeld Powell represented the Bar Association. Mr. Jacquot represented himself.
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