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State ex rel. Counsel for Discipline of Neb. Supreme Court v. Kratville

Supreme Court of Nebraska

March 20, 2015

STATE OF NEBRASKA EX REL. COUNSEL FOR DISCIPLINE OF THE NEBRASKA SUPREME COURT, RELATOR,
v.
MICHAEL B. KRATVILLE, RESPONDENT

JUDGMENT OF DISBARMENT.

HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, MCCORMACK, MILLER-LERMAN, and CASSEL, JJ.

OPINION

Per Curiam.

INTRODUCTION

This case is before the court on the voluntary surrender of license filed by respondent, Michael B. Kratville, on January 15, 2015. The court accepts

Page 105

respondent's voluntary surrender of his license and enters an order of disbarment.

STATEMENT OF FACTS

Respondent was admitted to the practice of law in the State of Nebraska on April 9, 1986. On April 16, 2013, respondent was indicted by a grand jury in the U.S. District Court for the District of Nebraska for mail and wire fraud and conspiracy to commit mail and wire fraud. On December 4, 2014, respondent entered a guilty plea to one count of wire fraud pursuant to a plea agreement with the U.S. Attorney. The court accepted his plea, and sentencing was set for February 27, 2015.

On January 15, 2015, respondent filed a voluntary surrender of license, in which he stated that he is aware that the Counsel for Discipline is currently investigating the events surrounding his federal indictment. Respondent further stated that he does not contest the truth of the suggested allegations being made against him. Respondent further stated that he freely, knowingly, and voluntarily waived his right to notice, appearance, or hearing prior to the entry of an order of disbarment and consented to the entry of an immediate order of disbarment.

[290 Neb. 442] ANALYSIS

Neb. Ct. R. § 3-315 of the disciplinary rules provides in pertinent part:

(A) Once a Grievance, a Complaint, or a Formal Charge has been filed, suggested, or indicated against a member, the member may voluntarily surrender his or her license.
(1) The voluntary surrender of license shall state in writing that the member knowingly admits or knowingly does not challenge or contest the truth of the suggested or indicated Grievance, Complaint, or Formal Charge and waives ...

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