## Facts

- A bank robbery occurred in Virginia, involving stolen cash (including recorded “bait money”) and use of a sawed-off shotgun.
- An attorney represented a client later suspected and indicted for the robbery.
- After learning facts indicating the client’s link to the stolen money, the attorney inferred that a package in the client’s rented safe-deposit box likely contained fruits and instrumentalities of the crime.
- The attorney had the client execute a power of attorney, rented a safe-deposit box in the attorney’s own name, and transferred from the client’s box a bag of cash and a sawed-off shotgun into the attorney’s box.
- Federal agents later obtained search warrants for both boxes; the client’s box was empty, and the attorney’s box contained a large portion of the stolen money and the shotgun.
- In the disciplinary proceeding, the attorney asserted he took possession to create an argument that the items would be inadmissible under attorney-client privilege and testified he intended to turn the money over once he determined doing so would not harm the client.

## Issues

1. Whether an attorney commits sanctionable unprofessional conduct by knowingly taking possession of and concealing the fruits and instrumentalities of a crime to hinder their evidentiary use.
2. Whether attorney-client privilege or the duty of zealous representation can justify or protect an attorney’s concealment of physical evidence linked to a client’s alleged offense.
3. Whether an 18-month suspension from federal court practice was an appropriate sanction under the court’s disciplinary authority.

## Decision

- The district court, sitting en banc, found by clear and convincing evidence that the attorney engaged in fraudulent and intentional misconduct motivated by improper purposes.
- The district court held the conduct violated professional ethics duties of honesty to the court and representation within the bounds of law, and was not protected by attorney-client privilege.
- The district court suspended the attorney from practice before that court for 18 months, citing mitigating circumstances rather than imposing disbarment.
- The Fourth Circuit affirmed in a per curiam decision, adopting the district court’s opinion, and imposed a parallel 18-month suspension from practice before the court of appeals.

## Legal Principles

- Federal courts have inherent authority to discipline attorneys admitted to practice before them for professional misconduct.
- Attorney-client privilege protects confidential communications; it does not protect an attorney’s acts of taking possession of and secreting physical evidence that is the fruit or instrumentality of a crime.
- Zealous representation is limited by the duty to act within the law and the duty of honesty and good faith toward the tribunal; intentionally disrupting access to physical evidence constitutes professional misconduct.
- Knowingly concealing fruits or instrumentalities of a crime can render counsel an active participant in wrongdoing and supports suspension or other discipline when proven by clear and convincing evidence.

## Conclusion

The Fourth Circuit affirmed an 18-month suspension of an attorney who knowingly moved and concealed stolen money and a weapon connected to a robbery, holding that attorney-client privilege and loyalty to the client do not justify secreting physical evidence or obstructing its use in the administration of justice.


In re Ryder, 381 F.2d 713 (4th Cir. 1967)