On Friday, December 13, 2024, the Ohio Board of Professional Conduct recommended a six-month suspension for attorney Gregg August Rossi due to professional misconduct during his representation of Dr. John Yerkey in a criminal case. The recommendation is now subject to approval by the Ohio Supreme Court.
The case is entitled “In the Matter of Gregg August Rossi,” with case no. 2024-010.
The case against Rossi arose from allegations of misconduct connected to Yerkey’s assault of Dr. Theresa Dean in December 2021.. The Board’s decision followed a hearing held on August 23, 2024, where the panel reviewed evidence and testimonies from both sides.
The hearing panel consisted of members Elizabeth E. Cary, Carolyn A. Taggart, and Hon. Adolfo A. Tornichio, who acted as the chair. Notably, none of the panel members had any prior connection to the district from which the complaint originated. Rossi was present at the hearing, represented by attorney John B. Juhasz, while Matthew A. Kanai appeared for the disciplinary counsel.
The investigation revealed that Rossi had known Yerkey for over 20 years, initially through a professional relationship that evolved into a social one. Rossi had helped Yerkey during various legal matters and even purchased a property that Yerkey had lost to foreclosure, allowing him to live there and perform renovations.
In the criminal case involving Dean, it was established that Yerkey had been released on bond with a condition prohibiting contact with her. Despite this, Yerkey allegedly communicated with Dean, seeking to influence the prosecution with Rossi’s assistance. Rossi admitted during the hearing that he reminded Yerkey of the no-contact order on multiple occasions, yet he facilitated the drafting of a nondisclosure agreement (NDA) at Yerkey’s request.
The NDA included clauses that aimed to prevent Dean from discussing the case and required her to request the dismissal of the charges against Yerkey. Rossi later contended that the NDA did not intend to coerce Dean into seeking dismissal of the charges, despite evidence suggesting otherwise. Dean testified that she felt pressured to sign the NDA without adequate legal counsel, as Rossi did not advise her to seek independent legal advice before doing so.
The panel also learned that Dean had initially cooperated with the prosecution but became uncooperative after signing the NDA. This change prompted prosecutors to file a motion to compel the disclosure of the NDA, leading to a series of hearings and ultimately the involvement of a different judge.
Rossi’s actions drew scrutiny not only for the drafting of the NDA but also for providing misleading statements to the court regarding the nature of the agreement. He claimed that the NDA was negotiated with Dean, which the panel found to be a false statement. The panel concluded that Rossi’s conduct was prejudicial to the administration of justice, violating several rules of professional conduct, including knowingly making false statements to a tribunal.
In determining the appropriate sanctions, the panel considered both aggravating and mitigating factors. Aggravating factors included multiple rule violations, a dishonest motive, and a refusal to acknowledge the wrongful nature of his conduct. While the panel noted that Dean had initiated contact with Yerkey, they ultimately concluded that she was vulnerable given the circumstances.
Mitigating factors identified by the panel included Rossi’s lack of prior disciplinary history, his cooperative attitude during the proceedings, and his overall character and reputation. Despite these mitigating factors, the panel ultimately recommended a suspension, citing precedents where attorneys faced similar sanctions for dishonesty and misrepresentation to the court.
The recommended six-month suspension is intended to be conditional upon Rossi’s compliance with specific requirements, including completing continuing legal education (CLE) hours focused on ethics and professionalism. The Board has indicated that Rossi’s reinstatement will depend on his adherence to these conditions and the absence of further misconduct.
The recommendation states:
“The Board voted to adopt findings of fact, conclusions of law, and recommendation of the hearing panel and recommends that Respondent, Gregg August Rossi, be suspended from the practice of law in Ohio for six months and ordered to pay the costs of these proceedings.”
According to avvo.com, Mr. Rossi is a personal injury attorney in Youngstown, Ohio. He attended the Case Western Reserve University School of Law, graduating in 1990. He acquired his law license in Ohio in 1990.
A copy of the original filing can be found here.
