The Columbus Dispatch

Lawyer in OSU tattoo scandal faces fourth misconduct case

- By Randy Ludlow rludlow@dispatch.com @RandyLudlo­w

Suspended Columbus lawyer Christophe­r Cicero could face permanent disbarment as he confronts his fourth profession­almiscondu­ct case.

Cicero, who tipped off then-Ohio State University football coach Jim Tressel to his players’ memorabili­afor-tattoos scandal, was accused Wednesday of practicing law without a license.

In late 2014, the Ohio Supreme Court indefinite­ly suspended Cicero’s law license for fraudulent­ly fixing a speeding ticket he had received that would have led to the suspension of his driver’s license.

The Board of Profession­al Conduct filed another case against Cicero on Wednesday that alleges he improperly practiced law at least four times while under suspension.

The filing also accused lawyer Timothy Dougherty, who worked with Cicero, of covering up Cicero’s status with clients and would-be clients. One client asked Cicero if his license was suspended and reported that he replied, “That’s all taken care of.”

Dougherty previously was charged with allowing the suspended Cicero to provide legal advice to a client, and he also was accused of accepting thousands of dollars in legal fees and a band-autographe­d copy of The Who’s “Quadrophen­ia” album while performing minimal work on a client’s cases.

Cicero, who could eventually seek reinstatem­ent of his suspended law license, now could face permanent disbarment, a punishment that the disciplina­ry board and two justices sought in 2014 when he instead received his indefinite suspension.

Cicero’s law license was suspended in 2012 for one year after the court ruled that he had violated the confidence­s of a would-be client in the scandal that led to the ouster of Tressel as OSU coach. Cicero informed Tressel that some of his players were selling and trading memorabili­a in deals with a Columbus tattoo-parlor owner who had approached Cicero for legal advice.

Cicero’s law license also was suspended for one year in 1997 for bragging that he was having a sexual affair with then-Judge Deborah P. O’Neill while she had appointed him to represent a criminal client in a case before her.

Five other Columbus lawyers also face discipline following filings by the Board of Profession­al Conduct, which will conduct hearings and make any disciplina­ry recommenda­tions to the Supreme Court.

Jason Sarver is charged with misconduct for an improper sexual relationsh­ip with a client, which led to charges of sexual battery and other crimes. The court-appointed lawyer was charged with twice lying to a judge about his relationsh­ip with the woman. Sarver was running as the Republican candidate for Hocking County prosecutor but dropped out of the race. He later pleaded guilty to misdemeano­rs and was placed on probation for two years.

David Rieser was accused of charging “clearly excessive and unreasonab­le fees .. and completing shockingly little work” in charging a Mahoning County psychiatri­st nearly $108,000 to handle a workers’-compensati­on fraud case that resulted in a plea to a misdemeano­r charge.

John Okuley was charged with misconduct for causing a bicyclist to crash into the back of his car and then grabbing and stomping the cellphone of a physician who was recording video after he stopped to help the cyclist, who was uninjured. Okuley later was convicted of criminal damaging and ordered to pay $950 in restitutio­n to the physician.

Christophe­r Striff Jr. was accused of accepting $310 in bankruptcy-case filing fees from clients and never paying the money to the court. He also was accused of altering U.S. Bankruptcy Court checks issued to his clients for higher amounts and then cashing them. The filing said that Striff has disappeare­d.

Brian Harter was charged with misconduct for mishandlin­g client funds, including cashing and keeping some proceeds from checks issued to clients. In one case, Harter is charged with keeping $3,500 owed to a client and claiming that the cash had been stolen from a car. He later admitted using the money for childsuppo­rt payments and living expenses.

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