Darryl Wayne Genis, an experienced Criminal Defense attorney, was suspended from the practice of law on October 9, 2015 for misconduct. Genis has been a member of the State Bar of California since 1980 and has no prior record of discipline. The State Bar found that Genis to be an accomplished criminal defense attorney, with a thirty-year record free from any discipline. On March 10, 2016, OCTC filed a two-count Notice of Disciplinary Charges (NDC) against Genis, and charged him with willful violations of: (1) section 6068, subdivision (d)(seeking to mislead a judge); and (2) section 6106 (moral turpitude/misrepresentation through knowledge or gross negligence). The Complaint alleges that Genis was asked by a superior court judge four consecutive times, in part and collectively, whether he had touched, moved, or hid opposing counsel’s document during a trial recess. Genis repeatedly, and then categorically, denied the allegations. Videotape evidence from the courtroom showed otherwise and demonstrated that Genis had not been honest in his responses to the judge.
The Court found that during the recess, Genis walked over to Greene’s area three times.On each occasion, he looked at Greene’s materials, and in one instance, he took out his cell phone and appeared to take pictures. On his third visit to Greene’s table, he picked up Greene’s laminated placard, looked at it, and then placed it under several papers under the blotter at the end of the prosecutor’s table. The trial Judge reviewed the videotape of the morning recess, which revealed to him that:
“Mr. Genis approached the prosecutor’s counsel table and surveyed his surroundings. He appeared to read and rearrange some documents, then removed his cell phone and photographed something on the prosecutor’s table. Mr. Genis then proceeded to hide a document under a larger stack of papers.”
Mr. Genis was suspended from the practice of law for thirty (30) days. Subsequently, on July 26, 2016, Mr. Genis entered into a plea agreement with the United States Attorneys Office, for willfully failing to file a tax return. On February 13, 2017, Genis was adjudged guilty and sentenced to 2 Years in Federal Prison. He was subsequently Ordered to pay $679,958 in restitution to the Internal Revenue Services (IRS). On May 19, 2017, Genis began serving his sentence.