*                               Before the

 

*                   State Ethics Commission

In the Matter of

                                                                            *

                 Ira C. Cooke,

                                                                            *                    Complaint No. C-3-05

                               Respondent

                                                                            *

 

*                              

 

                                                                     O R D E R

 

            At our meeting on December 14, 2006, the Commission reviewed a staff report stating that on December 11, 2006 the Court of Appeal of the State of California, Fifth Appellate District issued an Opinion (Docket Number FO47243)[1] reversing the judgment and criminal conviction of Ira C. Cooke, Respondent, in the Superior Court of California on December 8, 2004 (Case No. BF103869B) on three counts including conspiracy, grand theft, and commercial bribery.

 

             We previously considered Mr. Cooke’s criminal conviction on February 3, 2005, when we issued this complaint against Mr. Cooke, Respondent, to revoke his lobbying registrations, pursuant to §15-713(13) and §15-405(e)(1)(i)2, Md. Code Ann., State Gov’t Title 15 (Supp.2005), based on these criminal convictions in California arising from lobbying activities. On June 23, 2005, we accepted a public Stipulation of Settlement (executed by the Commission’s Designated Staff Counsel and the Respondent) and issued an order on June 30, 2005 wherein the Respondent agreed to a revocation of his lobbying registrations and a public reprimand, as well as other sanctions.

 

            The jurisdictional basis for this complaint, stipulation, and order was the criminal conviction in California arising from Respondent’s lobbying activities. In view of the Fifth Appellate Court of Appeal reversal of the judgment of the Superior Court in California, we have determined to dismiss the complaint and to set aside the acceptance of the Stipulation of Settlement. We reserve the right to reissue the complaint should there be further criminal conviction of the Respondent in California or if other facts or allegations are presented and are appropriate for complaint action.

 

            Therefore, it is hereby

 

            ORDERED, that the complaint issued on February 3, 2005 be dismissed without prejudice and that the Stipulation of Settlement Agreement and Order of June 30, 2005 is hereby set aside and rescinded; and it is further

 

 

 

-2-

 

 

ORDERED, that a copy of this Order be placed in the Commission Public Order Notebook and transmitted to the Speaker of the House of Delegates and to the President of the Maryland Senate.

 

                                                                             STATE ETHICS COMMISSION

 

 

 

Date: January 8, 2007                                           By:_________/s/________________

                                                                                    Julian L. Lapides, Chairman     

 

 

 

 

CERTIFICATE OF SERVICE

 

I hereby certify that on this 9th day of January, 2007, a copy of the foregoing Order in State Ethics Commission Complaint proceeding C‑3‑05, was forwarded via regular mail, postage prepaid, to Thomas M. Wood, IV., Esquire, Counsel for Ira C. Cooke, at his last known address of Neuberger, Quinn, Gielen, Rubin & Gibber, P.A., 27th Floor, One South Street, Baltimore, Maryland 21202 and was hand delivered to the Jennifer K. Allgair, Staff Counsel to the State Ethics Commission, 45 Calvert Street, 3rd Floor, Annapolis, Maryland 21401.

 

                                                                                 ___________/s/_________________   

                                                                                     Robert A. Hahn, General Counsel

 

 



[1] The Internet Reference is http://www.courtinfor.ca.gov/opinions/nonpub/F047243.