On Thursday, July 27, 2023, the Board of Disciplinary Appeals Appointed by the Supreme Court of Texas granted an unopposed motion filed by attorney John F. Cuellar for a 30-day continuance in a compulsory discipline case against him.
The case is entitled “In the Matter of John F. Cuellar,” with case no. 67900.
On May 24, 2023, the Commission for Lawyer Discipline brought an action against Cuellar. This is for the latter’s alleged involvement in criminal activities, including conspiracy to commit honest services wire fraud and money laundering. Cuellar entered into a plea agreement and was sentenced to 36 months in prison with restitution and monetary penalties. The commission sought his disbarment, as he was found guilty of an intentional crime as defined by the Texas Rules of Disciplinary Procedure.
The petition for compulsory discipline states:
“On or about April 5, 2019, Respondent was charged by Criminal Complaint (Exhibit 1) with Conspiracy to commit honest services wire fraud, in violation of 18 U.S.C. §§ 1343, 1346, 1349 and Conspiracy to commit money laundering, in violation of 18 U.S.C. § 1956, in Case No. 7:19-MJ-0777 (7:19-cr-00522), styled United States of America v. John F. Cuellar, Arturo C. Cuellar, Jr., Daniel Garcia, in the United States District Court, Southern District of Texas.”
Following the petition, Cuellar requested the continuance for the purpose of submitting paperwork to resign from practicing law in Texas voluntarily in lieu of further discipline. He alternatively requested a remote hearing if the matter proceeds to a hearing. The Commission for Lawyer Discipline did not oppose the motion. Cuellar is currently authorized to practice law in Texas but has said that he is not currently representing any clients.
The motion states:
“WHEREFORE, PREMISES CONSIDERED, the Respondent prays that this cause be continued until a later date in the interests of justice, and for such other and further relief to which he may be entitled.”
In response, the Board of Disciplinary Appeals granted the continuance and ordered Cuellar to file either a copy of a motion for resignation or a status report.
The Order states:
“The Board GRANTS Respondent’s motion for a continuance and ORDERS that case will be removed from the July 28, 2023, hearing docket. The Board ORDERS Respondent to file with the Board by August 28, 2023, either (1) a copy of Respondent’s motion for resignation in lieu of discipline file d in the Supreme Court of Texas; or (2) a status report regarding Respondent’s voluntary resignation. If the Board then determines that this matter should proceed to a hearing, the Board will then decide the request for a remote hearing.”
Mr. Cuellar practices in Weslaco, Texas. He is licensed in Texas. His info can be found on lawyersjustia.com.
A copy of the original filing can be found here.
