On Wednesday, October 30, 2024, the Disciplinary Counsel filed a complaint against Attorney Clyde Bennett II with the Board of Professional Conduct of the Supreme Court of Ohio.
The case is entitled “Disciplinary Counsel v. Clyde Bennett II,” with case no. 2024-031.
The charges cited Ohio Rules of Professional Conduct 3.3(a)(1), 3.3(a)(3), 8.4(d),
A lawyer shall not knowingly make a false statement of fact to a tribunal.
A lawyer shall not knowingly offer evidence that the lawyer knows to be false.
A lawyer shall not engage in conduct that is prejudicial to the administration of justice.
The complaint stems from Bennett’s representation of defendant LeLon Campbell, who was convicted on federal drug trafficking charges in 2021.
Campbell was originally convicted in 2017 on state drug trafficking charges that Bennett represented him for. In 2022, while facing federal sentencing for the subsequent charges, Campbell hired Bennett to attempt to withdraw his 2017 guilty plea.
However, the complaint alleges that in filings made to the court in this effort, Bennett made several statements he knew to be false. This includes stating that Bennett did not fully advise Campbell of the drug trafficking charge he pleaded guilty to in 2017 and the implications it could have for future sentencing. The complaint says Bennett has since admitted these statements were untrue.
In a deposition taken by Disciplinary Counsel in July 2024, Bennett acknowledged that he did properly inform Campbell of the drug trafficking charge and implications were not discussed at the time in 2017 as the federal case had not happened yet. However, the complaint says Bennett submitted the false filings and evidence anyway in order to advocate for his client and try to pursue a deal to change the 2017 plea.
If found guilty of the charged violations, which include knowingly making false statements to a tribunal and knowingly offering false evidence, Bennett faces sanctions, which could include being publicly reprimanded or even suspended from practicing law in Ohio.
The complaint states:
“Relator requests that respondent be found in violation of the Ohio Rules of Professional Conduct and be sanctioned accordingly.”
According to avvo.com, Mr. Bennett II is a white-collar crime attorney in Cincinnati, Ohio. He attended the University of Dayton School of Law, graduating in 1992. He acquired his law license in Ohio in the same year.
A copy of the original filing can be found here.