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Matter of Prager2/15/1996
Discussion of the standard of rehabilitation of a convicted felon required to establish the necessary good moral character for his admission to the Massachusetts bar, with reference to the standard of rehabilitation required for reinstatement after disbarment. [91-95]
An applicant for admission to the Massachusetts bar did not establish at this time that, since his convictions in January, 1988, of Federal felonies relating to the smuggling of large quantities of marihuana into the United States, he was fully rehabilitated and had become "a person proper to be held out by the court to the public as trustworthy," where seven years of a creditable work history, successful completion of law school, and compliance with the terms of a five-year probationary period were insufficient to show good moral character when balanced against approximately sixteen years of marihuana use, international smuggling and living as a fugitive: however, the applicant was free to petition for admission to the bar five or more years hence. [95-100] O'Connor, J., Dissenting.
This court set forth guidelines to the Board of Bar Examiners and to applicants for the bar with respect to character inquiries. [100-102]
LIACOS, C.J. On June 13, 1994, Harvey Prager applied for admission to the bar of the Commonwealth. The Board of Bar Examiners (board) held a hearing on his application and on January 6, 1995, reported to this court, pursuant to G. L. c. 221 ยง 37 (1994 ed.), that the applicant is of "good moral character and sufficient acquirements and qualifications and recommends his admission." On June 30, 1995, a single Justice of this court reserved and reported the case to the full court for determination. Oral argument was held before the full court on October 3, 1995. At the invitation of the court, bar counsel appeared and took the position that the petition should be denied. We deny Prager's application for admission to the bar with leave to reapply in five years from the date of this opinion.
The record reveals the following facts. Prager was born in 1947, the son of immigrants. He attended Bowdoin College from 1965 to 1969, where he was a member of Phi Beta Kappa and was graduated summa cum laude. From 1971 to 1972, Prager attended Harvard University as a graduate student. While at Harvard, it appears that he began smoking marihuana regularly, which he claims subsequently led him into the illegal sale and distribution of marihuana. Over a period of approximately six years, Prager organized and led a large-scale international drug smuggling operation. Much of the marihuana smuggled into the country came by boat from South America into Maine, New York, and other points along the eastern coast of the United States. Over the course of Prager's dealings, he used several aliases, including "Jack," "John Stead," "Steven Shane," and "Jack Harvey."
Prager testified before the board that he stopped smoking marihuana in 1981, at which time he also ceased his smuggling operation. However, he continued to sell marihuana in the United States for two more years. In 1983, Prager was indicted by a Federal grand jury in the district of Maine. On learning of the indictment, Prager fled the country and lived as a fugitive until he was extradited from Great Britain in 1987. The record is sparse in relation to Prager's activities during the years before 1987. Following his flight from the United States, it appears he spent some time in the Caribbean, where he owned investment property presumably purchased with proceeds from his illegal activities. Also, he owned a $400,000 apartment in Paris, where he met and married his wife. He was known in London, under the name "Harvey Israel," as a reputable a
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