[Cite as In re Fusco, ___ Ohio St.3d ___, 2022-Ohio-3300.]

IN RE FUSCO.

[Cite as In re Fusco, ___ Ohio St.3d ___, 2022-Ohio-3300.]

(No. 2022-1142—Submitted September 19, 2022—Decided September 21, 2022.)

ON CERTIFIED ENTRY OF FELONY CONVICTION.

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{¶ 1} On September 16, 2022, and pursuant to Gov.Bar R. V(18), the 

director of the Board of Professional Conduct filed with the Supreme Court a 

certified copy of a judgment entry of a felony conviction against Anthony James 

Fusco, an attorney licensed to practice law in the state of Ohio.

{¶ 2} Upon consideration thereof and pursuant to Gov.Bar R. V(18)(A)(4), 

it is ordered and decreed that respondent, Anthony James Fusco, Attorney 

Registration No. 0093904, last known address in Youngstown, Ohio, is suspended 

from the practice of law for an interim period, effective as of the date of this entry.

{¶ 3} It is further ordered that this matter is referred to disciplinary counsel 

for investigation and the commencement of disciplinary proceedings.

{¶ 4} It is further ordered that respondent immediately cease and desist from 

the practice of law in any form and that respondent is forbidden to appear on behalf 

of another before any court, judge, commission, board, administrative agency, or 

other public authority.

{¶ 5} It is further ordered that effective immediately, respondent is 

forbidden to counsel, advise, or prepare legal instruments for others or in any 

manner perform legal services for others.

{¶ 6} It is further ordered that respondent is divested of each, any, and all 

of the rights, privileges, and prerogatives customarily accorded to a member in 

good standing of the legal profession of Ohio.
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{¶ 7} It is further ordered that before entering into an employment, 

contractual, or consulting relationship with any attorney or law firm, respondent 

shall verify that the attorney or law firm has complied with the registration 

requirements of Gov.Bar R. V(23)(C). If employed pursuant to Gov.Bar R. V(23), 

respondent shall refrain from direct client contact except as provided in Gov.Bar R. 

V(23)(A)(1) and from receiving, disbursing, or otherwise handling any client trust 

funds or property.

{¶ 8} It is further ordered that pursuant to Gov.Bar R. X(13), respondent 

shall complete one credit hour of continuing legal education for each month, or 

portion of a month, of the suspension. As part of the total credit hours of continuing 

legal education required by Gov.Bar R. X(13), respondent shall complete one credit 

hour of instruction related to professional conduct required by Gov.Bar R. X(3)(B) 

for each six months, or portion of six months, of the suspension.

{¶ 9} It is further ordered that respondent shall not be reinstated to the 

practice of law in Ohio until (1) respondent complies with the requirements for 

reinstatement set forth in the Supreme Court Rules for the Government of the Bar 

of Ohio, (2) respondent complies with this and all other orders issued by this court, 

(3) respondent complies with the Supreme Court Rules for the Government of the 

Bar of Ohio, and (4) this court orders respondent reinstated.

{¶ 10} It is further ordered by the court that within 90 days of the date of 

this order, respondent shall reimburse any amounts that have been awarded by the 

Lawyers’ Fund for Client Protection pursuant to Gov.Bar R. VIII(7)(F). It is further 

ordered by the court that if after the date of this order, the Lawyers’ Fund for Client 

Protection awards any amount against respondent pursuant to Gov.Bar R. 

VIII(7)(F), respondent shall reimburse that amount to the Lawyers’ Fund for Client 

Protection within 90 days of the notice of that award.

{¶ 11} It is further ordered that on or before 30 days from the date of this 

order, respondent shall do the following:
January Term, 2022

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{¶ 12} 1. Notify all clients being represented in pending matters and any 

co-counsel of respondent's suspension and consequent disqualification to act as an 

attorney after the effective date of this order and, in the absence of co-counsel, also 

notify the clients to seek legal services elsewhere, calling attention to any urgency 

in seeking the substitution of another attorney in respondent's place; 

{¶ 13} 2. Regardless of any fees or expenses due, deliver to all clients being 

represented in pending matters any papers or other property pertaining to the client 

or notify the clients or co-counsel, if any, of a suitable time and place where the 

papers or other property may be obtained, calling attention to any urgency for 

obtaining such papers or other property; 

{¶ 14} 3. Refund any part of any fees or expenses paid in advance that are 

unearned or not paid and account for any trust money or property in respondent's 

possession or control; 

{¶ 15} 4. Notify opposing counsel or, in the absence of counsel, the adverse 

parties in pending litigation of respondent's disqualification to act as an attorney 

after the effective date of this order and file a notice of disqualification of 

respondent with the court or agency before which the litigation is pending for 

inclusion in the respective file or files; 

{¶ 16} 5. Send all notices required by this order by certified mail with a 

return address where communications may thereafter be directed to respondent; 

{¶ 17} 6. File with the clerk of this court and disciplinary counsel of the 

Supreme Court an affidavit showing compliance with this order, showing proof of 

service of the notices required herein, and setting forth the address where the affiant 

may receive communications; and 

{¶ 18} 7. Retain and maintain a record of the various steps taken by 

respondent pursuant to this order.
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{¶ 19} It is further ordered that respondent shall keep the clerk and 

disciplinary counsel advised of any change of address where respondent may 

receive communications.

{¶ 20} It is further ordered that all documents filed with this court in this 

case shall meet the filing requirements set forth in the Rules of Practice of the 

Supreme Court of Ohio, including requirements as to form, number, and timeliness 

of filings. All case documents are subject to Sup.R. 44 through 47, which govern 

access to court records.

{¶ 21} It is further ordered that service shall be deemed made on respondent 

by sending this order, and all other orders in this case, to respondent’s last known 

address.

{¶ 22} It is further ordered that the clerk of this court issue certified copies 

of this order as provided for in Gov.Bar R. V(17)(E)(1) and that publication be 

made as provided for in Gov.Bar R. V(17)(E)(2).

O’CONNOR, C.J., and KENNEDY, FISCHER, DEWINE, DONNELLY, STEWART,

and BRUNNER, JJ., concur.

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