The Supreme Court of Ohio has indefinitely suspended attorney Robert Rohrbaugh II following his conviction for federal tax fraud. Rohrbaugh, whose law license was initially suspended in February 2023, was found guilty on four felony charges and sentenced to 52 months in prison. He is also required to pay nearly $570,000 in restitution to the IRS.
In a per curiam opinion, the Court acknowledged that Rohrbaugh played a minor role compared to his co-conspirators and showed remorse for his actions. The majority of justices agreed to grant him credit for time served during his interim suspension, believing he could lead a law-abiding life after his release.
Typically, an attorney with an indefinite suspension can apply for reinstatement after two years but must complete any prison sentence first. Justices R. Patrick DeWine, Michael P. Donnelly, Melody Stewart, and Joseph T. Deters supported the majority opinion. Chief Justice Sharon L. Kennedy and Justice Patrick F. Fischer opposed granting credit for time served under interim suspension, while Justice Jennifer Brunner did not participate.
Rohrbaugh's legal troubles began in 2020 when he was indicted by a federal grand jury alongside others for conspiracy and aiding theft of government property through fictitious business entities and trusts aimed at obtaining fraudulent tax refunds.
Following two trials, Rohrbaugh received concurrent sentences totaling 52 months and three years of post-release supervision along with restitution obligations. The Mahoning County Bar Association filed a complaint against him based on these convictions.
During disciplinary hearings, Rohrbaugh admitted registering a fictitious business as part of the scheme but claimed ignorance about the full extent of charges against him until later stages. He expressed regret over damaging his family's financial stability and reputation within the legal profession.
The Court considered previous cases involving attorneys convicted of federal crimes before deciding on an indefinite suspension with credit for time served as an appropriate sanction for Rohrbaugh's misconduct.
Rohrbaugh will also bear the costs associated with disciplinary proceedings related to this case.