On Monday, March 13, 2023, the Louisiana Attorney Disciplinary Board recommended the suspension of attorney Robert William Hjortsberg for failure to comply in filing income tax returns for the year 2017-2018.
The case is entitled “In the matter of attorney Robert William Hjortsberg,” and was brought by the Office of the Disciplinary Counsel with case no. 22-DB-038.
The charges cited Louisiana Rules of Professional Conduct 8.4(a) and 8.4(b).
Allegedly, the respondent self-reported through his attorney that he planned to enter a guilty plea to a federal misdemeanor bill of information for failure to file his federal income tax return for two years. According to the data, the respondent actually failed to file for two years (2017-2018), but the latter obtained a negotiated plea for a single year in exchange for truthful testimony and cooperation in a federal criminal trial.
The filing states:
“With respect to Count 1 of the Formal Charges, Respondent admits that he did not file income tax returns for the years 2017 and 2018. Respondent was prosecuted by the U.S. Attorney’s Office in the United States District Court, Eastern District of Louisiana, and eventually pled guilty on March 21, 2021, to a misdemeanor offense of willful failure to file a return, supply information, or pay tax, 26 U.S.C. §7203 (ODC Exhibits 2 and 4). Hjortsberg self – reported his federal charges on Janua ry 27, 2021 to the ODC (ODC Exhibit 1). He was sentenced on August 24, 2022, to six months home detention, 36 months probation, restitution of $31,651, and a fine of $4,000 (ODC Exhibit 4)”
The filing continues:
“Respondent also agreed as part of his plea to provide testimony in the federal trial of Jason Williams and Nicole Burdett if needed (Respondent was not called to testify in that federal trial). The respondent was not a W-2 employee; he received 1099 forms for his work during the years 2017 and 2018. He did not withhold any taxes. Respondent has paid the restitution ordered by the court as part of his sentence. There may be more money than he owes with respect to his guilty plea, but he has not been notified of that yet. He plans to pay whatever else is owed. When questioned by Committee Member Judy Milnar as to why Respondent did not file his tax returns for 2017 and 2018, Respondent testified that it was carelessness.”
In response to the formal charges, the respondent admitted that he failed to file his federal income tax returns. The committee reviewed the exhibits introduced into evidence at the hearing, and those exhibits further support the rules violations that were admitted by the respondent. The committee accepted the admissions of the respondent and further found that there is clear and convincing evidence to support the allegations in the formal charges.
The filing concludes:
“Considering all of the facts of this case, the Committee recommends a six-month suspension from the practice of law with all but two months deferred as the appropriate sanction for Respondent’s misconduct. After serving the active portion of the suspension, the Committee recommends that the Respondent be placed on probation for a period of one year subject to the condition that any misconduct during the period of probation will result in the deferred portion of the suspension becoming executory. The Committee further recommends that all costs and expenses in the matter be assessed against the Respondent in accordance with the Supreme Court Rule XIX Section 10.1.”
As of today, Mr. Hjortsberg is listed in the law firm Jason Williams & Associates as a practicing attorney. He attended the Loyola Law School in New Orleans, graduating in 2007. He practices in New Orleans, Louisiana. He is licensed in Louisiana. His info can be found on lawyers.justia.com.
A copy of the original filing can be found here.
