In Re: Lucretia Patrice Pecantte

Supreme Court of Louisiana
May 26, 2020
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
IN RE: LUCRETIA PATRICE PECANTTE
No.2020-OB-00454
_ _ _ _ _
_
IN R
E: Office of the Disciplinary Counsel - Applicant Other; Findings and
Recommendations (Reinstatement);
_ _ _ _ _ _
May 26, 2020
Conditional reinstatement granted. See per curiam.
Crichton, J., dissents and assigns reasons.
Crain, J., dissents and assigns reasons.
BJJ
JLW
JDH
JTG
JHB
05/26/2020 "See News Release 018 for any Concurrences and/or Dissents."

05/26/20
SU
PREME COURT OF LOUISIANA
NO. 2020
-OB-0454
IN
RE: LUCRETIA PATRICE PECANTTE
ON APP
LICATION FOR REINSTATEMENT
PER CU
RIAM
Thi
s proceeding arises out of an application for reinstatement to the practice
of law filed by petitioner, Lucretia Patrice Pecantte, a suspended attorney.
UNDERL
YING FACTS AND PROCEDURAL HISTORY
In March 2017, petitioner pleaded guilty to one misdemeanor count of failure
to file a tax return. During her guilty plea, petitioner admitted that she also engaged
in acts which constituted the felony crimes of tax evasion and filing false tax returns.
Notably, petitioner specifically admitted that she “intentionally underreported” her
income for tax years 2007, 2008, and 2009.
Petitioner was sentenced to probation and was orde red to pay restitution of
tax losses totaling $129,912. Petitioner successfully completed the terms of her
probation, including payment of the restitution, and was discharged from probation
in the criminal matter in August 2018.
In September 2017, we placed petitioner on interim suspension. In re:
Pecantte, 17-0552 (La. 9/22/17), 226 So. 3d 441. On June 17, 2019, we accepted a
petition for consent discipline to resolve the matter of petitioner’s tax misconduct.
We suspended petitioner from the practice of law for two years, retroactive to
September 22, 2017, the date of her interim suspension. In re: Pecantte, 19-0892
(La. 6/17/19), 274 So. 3d 1251.

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In August 2019, petitioner filed an application for re instatement with the
disciplinary board, alleging she has complied with the reinstatement criteria set forth
in Supreme Court Rule XIX, § 24(E). The ODC took no position regarding the
application for reinstatement . Accordingly, the matter was referred for a formal
hearing before a hearing committee. During the hearing, testimony and evidence
was presented that for the five-year period from 2013 through 2017, petitioner has
an outstanding federal tax liability of $413,000 (including interest and penalties) and
an outstanding state tax liability of $48,000 (including interest and penalties).
Following the hearing, the hearing committee recommended that petitioner be
reinstated to the practice of law with conditions relating to her repayment of her
outstanding tax liabilities. Neither petitioner nor the ODC obje cted to the hearing
committee’s recommendation.

DISCUSSION
After considering the record in its entirety, we find petitioner has met her
burden of proving that s he is entitled to be re instated to the practice of law .
Nevertheless, further precautions are warranted to insure that the public will be
protected upon petitioner’s return to practice. See Supreme Court Rule XIX, § 24(J).
Accordingly, we will order that petitioner be conditionally re instated to the
practice of law, subject to a three-year period of probation governed by the following
conditions:
1. Within six months of the date that petitioner is reinstated to the practice of
law, she shall reach agreement with both the Internal Revenue Service and the
Louisiana Department of Revenue as to the amount of delinquent taxes
outstanding and a corresponding repayment plan of same;
2. Petitioner shall satisfactorily comply with all terms of any such agreement
with the taxing authorities identified above and report the pr ogress of her

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compliance to the ODC on a monthly basis and in a manner prescribed by the
ODC;
3. Petitioner shall cooperate with the ODC, shall comply with any and all
requirements imposed upon her by the ODC, and shall self-report to the ODC
any failures in her ability to satisfy these conditions; and
4. Should petitioner fail to comply with these conditions, or should she commit
any misconduct during the period of probation, her conditional right to
practice may be terminated immediately, or she may be subjecte d to other
discipline pursuant to the Rules for Lawyer Disciplinary Enforcement, as
appropriate.

DECREE
Upon review of the recommendation of the hearing committee, and
considering the record, it is ordered that Lucretia Patrice Pecantte , Louisiana Bar
Roll number 23545, be immediately reinstated to the practice of law in Louisiana,
subject to a three-year period of probation governed by the conditions set forth
herein. The probationary period shall co mmence from the date petitio ner and the
ODC execute a formal probation plan. Should petitioner fail to comply with the
conditions of probation, or should she commit any misconduct during the period of
probation, her conditional right to practice may be terminated immediately , or she
may be subjected to other discipline pursuant to the Rules for Lawyer Disciplinary
Enforcement, as appropriate. All costs of these proceedings a re assessed against
petitioner.