THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Friday, July 15, 1994 TAG: 9407150518
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY MARC DAVIS, STAFF WRITER
DATELINE: RICHMOND LENGTH: Long : 101 lines
When lawyers break the law, sometimes it's not enough to say ``I'm sorry.''
That's the message the State Bar sent Thursday when it refused to reinstate a disbarred Virginia Beach attorney.
The lawyer, Ira ``Steve'' Krup, was convicted in 1987 of accepting illegal gratuities from people seeking citizenship while he worked at the U.S. Immigration and Naturalization Service. Krup served six months in prison, paid a $12,000 fine and surrendered his law license.
On Thursday, a repentant Krup asked for his license back.
``I did commit these crimes,'' Krup told the bar's disciplinary board. ``I do take responsibility for them.''
But the bar's staff attorney said that wasn't enough.
``The real problem in this case is the fact that Mr. Krup operated as a public official, in a quasi-judicial capacity,'' Assistant Bar Counsel James M. McCauley said. ``This goes to the heart of practicing law . . . to the essence of being an officer of the court. And it reeks of dishonesty.''
The man who prosecuted Krup also opposed his reinstatement, saying Krup did not appear very remorseful in two hours of testimony Thursday.
``I don't see any change in the character of Mr. Krup,'' Assistant U.S. Attorney Robert J. Seidel Jr. said. ``It scares me, frankly, that he says he wants to continue to practice in the area of immigration.''
Krup was convicted of nine felonies stemming from his work at the immigration service.
At trial, witnesses said they performed free work around Krup's home and waterfront property in Virginia Beach in exchange for expedited citizenships. Krup said he was not influenced by the free work, but considered it a show of respect.
At Thursday's hearing, Krup said he often took small gifts from people after they became citizens, usually trinkets from the citizens' native lands. He said he wasn't brave enough to refuse the gifts.
``I did not do it in the nature of a bribe,'' Krup told the board. ``I did not ask for it and I did not accept money.''
Today, Krup, 45, runs Convenience Care Family Medicine in Virginia Beach with his wife, a physician.
Until last year, reinstatement requests from disbarred lawyers were rare, with only one or two cases a year. But in 1993, there were six such requests, many of those from South Hampton Roads.
Since 1992, four disbarred lawyers from South Hampton Roads, besides Krup, have sought reinstatement. Three got their licenses; one did not. In each successful case, the board commended the disbarred lawyers for admitting their wrongdoings and turning their lives around.
But in Krup's case, after a 4 1/2-hour hearing, the board did not immediately explain its decision. A written explanation will follow. Meanwhile, during the hearing, Board Chairman J. Rudy Austin questioned Krup's sincerity.
``I have the impression,'' Austin told Krup, ``that your basic overall position is that although you were convicted of these offenses, you really weren't guilty.''
Austin said he was confused by Krup's contradictory statements about his guilt.
Sometimes, Krup was very apologetic. In an opening statement, he admitted to ``an incredibly stupid lapse of common sense and ethics.'' Later, he said, ``What I did was wrong. I gave away the shop.''
But in other statements, Krup tried to minimize his actions.
``I never intended to commit a crime,'' he said at one point. Later, he said he committed his crimes because he was demoralized and under great stress. Later again, he suggested he was prosecuted because he had left the immigration service for private practice.
But in the end, Krup admitted, ``I gave away things that were not mine to give away: citizenships.''
``Intentionally?'' Austin asked.
``Intentionally,'' Krup replied.
Still, McCauley said Krup did not sound very sorry.
``He has not accepted responsibility for what he did,'' McCauley told the disciplinary board. ``His remorse is really remorse in having been convicted.'' ILLUSTRATION: Photo
Krup
Graphic
FACTORS IN REINSTATEMENT
The State Bar considers 10 factors when a disbarred lawyer
applies for reinstatement:
1. Severity of offense.
2. Lawyer's character, maturity and experience at time of
disbarment.
3. Time passed since disbarment.
4. Restitution.
5. Activities since disbarment.
6. Lawyer's current reputation.
7. Lawyer's current proficiency in the law.
8. Sufficiency of punishment.
9. Lawyer's sincerity and frankness.
10. Impact on public confidence in the justice system.
by CNB