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Former U.S. Prosecutor Challenges Recommended Sanction in Misconduct Case
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Former U.S. prosecutor Mark Bennett, who served in Ohio for over a decade, is opposing a recommended six-month attorney license suspension by the state Supreme Court. The Board of Professional Conduct suggested the sanction, citing Bennett’s admission of making unwanted sexual comments to a law school intern during his tenure.

Bennett filed a motion with the Ohio Supreme Court, arguing against the board’s report that deemed a six-month penalty appropriate for his “open and notorious” unprofessional behavior. He contended that a fully stayed suspension, allowing him to continue practicing law without interruption, would be a sufficient punishment for what he believed was mutual “joking and banter” involving sexual innuendo.

The Ohio Supreme Court, responsible for attorney discipline, is expected to review Bennett’s case but has not yet set a hearing date. Richard Koblentz, Bennett’s attorney, declined to comment on the matter. Bennett, who resigned in 2020 amidst a workplace misconduct investigation by the U.S. Justice Department, did not respond to a request for comment.

  
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At an earlier stage of the case, the state Office of Disciplinary Counsel supported Bennett’s argument for a stayed license suspension. In a joint filing with Bennett’s lawyer in December, they acknowledged the inappropriateness of Bennett’s behavior but emphasized that it did not warrant an actual suspension, as seen in other cases. The office has not provided a comment regarding the recent development.

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Bennett had a lengthy career as a federal prosecutor from 2007 to 2020, focusing on prosecuting street crime and white-collar offenses. During his tenure, he was assigned to a national security unit. However, he resigned following allegations of workplace misconduct. The former legal intern, whose identity was redacted in court files, disclosed that Bennett had engaged in inappropriate behavior while she worked at the same U.S. attorney’s office. She expressed concerns about the potential impact on her career if she reported Bennett’s misconduct.

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According to the ethics complaint, Bennett’s actions towards the intern included:

  • Soliciting nude photos;
  • Discussing his personal sex life; and
  • Suggesting a sexual relationship with her.

In his court filing, Bennett acknowledged the unprofessional and inappropriate nature of his conduct.



Bennett’s attorney argues that previous precedents set by the Ohio Supreme Court support a stayed six-month license suspension as an appropriate punishment. The comparison to similar cases is intended to demonstrate that Bennett’s inappropriate behavior does not warrant a full suspension.

Following his resignation, Bennett established a solo practice focused on business litigation, criminal defense, and other legal matters. However, the allegations of misconduct during his time as a prosecutor continue to haunt him as he navigates the legal proceedings.

The Ohio Supreme Court’s decision in Bennett’s case will have significant implications for his future as an attorney. Depending on the outcome, he may either face the recommended six-month suspension or be allowed to continue practicing law without interruption. The court’s decision will be closely watched, as it involves a high-profile former prosecutor and raises important questions about professional conduct and accountability within the legal profession.



 

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