Salt Lake Attorney James Barber was convicted Tuesday of forging a judge's signature on fake documents in an effort to deceive a client about work he said he did for the man.
Barber, 51, pleaded guilty to forgery charges last year. However, he withdrew the guilty plea when a federal judge sentenced him to three months in a halfway house."The judge didn't honor the plea agreement," said Edward Brass, attorney for Barber.
The agreement called for probation and disbarment but no imprisonment, Brass said.
Barber's earlier sentence included a $2,000 fine and repayment of $5,000 to the client he had deceived.
Barber, a lawyer for 23 years, signed a U.S. Claims Court judge's signature to a fake court order dismissing a client's lawsuit.
The client, George Caine, had sued federal officials over a land-use permit near Yellowstone National Park.
A judge dismissed the suit in 1988 because Barber failed to pursue it. Barber told Caine that it had been dismissed for other reasons in 1991.
Tuesday's verdict will likely send Barber to jail.
"The sentencing guidelines recommend about the same sentence. I don't think he'll get a stiffer sentence," Brass said.
Barber offered no witnesses during his two-day trial.
"The judge decided to instruct the jury in a way that basically took away any defense we had," Brass said. "There was nothing at that point that Mr. Barber could say that would affect the outcome."
Brass wanted U.S. District Judge Juan G. Burciaga to instruct that jury that fraud usually causes considerable harm to a defendant's victims.
Brass believes Caine was not seriously hurt by Barber's forgery.
"I feel pretty crumby about this," Brass said after the verdict.
Barber has a strong case for appeal, he said. "That's his decision."
The Utah State Bar has filed a complaint against Barber. However, the complaint is on hold until Barber is sentenced, said Steven Trost, bar counsel.
"At that point, we'll activate the case and move forward."
Utah attorneys convicted of felonies face disbarment if the bar can prove that the crime involved "moral turpitude," Trost said.
Barber is scheduled for sentencing May 10.