Several weeks ago, P. David Soares, Albany County district attorney, marched into Florida with camera crews, leading federal and state narcotics agents in executing search warrants on several Signature Pharmacies in Central Florida as part of what Soares said was a multistate investigation into the illegal sales of steroids over the Internet.

In a prepared statement, Soares said that the pharmacies are "believed to supply a large portion of the national market of the illegal online sale of anabolic steroids, human growth hormone and other controlled substances".

Sports figures such as Gary Matthews of the Los Angeles Angels, former Marjor League baseball star Jose Canseco, former heavyweight champion Evander Holyfield and celebrites such as Danny Bonduce, star of the former TV show "The Partridge Family were alleged to be implicated in the illegal distribution of steroids.

Pharmacists and managers of the Signature Pharmacies of Orlando were arrested and extradited to Albany County to face charges of criminal diversion of prescription medications and prescriptions, insurance fraud and criminal sale of a controlled substance.

At least two dozen doctors were also charged with writing prescriptions for drugs without having seen the patient as required under the law.

But according to the records of the state's Unified Court System, Soares had no legal authority to act as a district attorney as he is not currently registered to practice law in New York State.

Or Florida either, for that matter.

All of the arrests and charges in the steroid scandal may be in jeopardy and may have to be dismissed because in New York State, persons who are not licensed members of the Bar of the State are prohibited from engaging in the practice of law.

That includes P. David Soares, Albany County district attorney.

It is a misdemeanor under Judiciary Law Section 478 for any "natural person to practice or appear as an attorney-at-law or as an attorney and counselor-at-law for a person other than himself in a court of record in this state….or to hold himself out to the public as being entitled to practice law….in such manner to convey the impression that he is a legal practitioner of law……without having first been duly and regularly licensed and admitted to practice law in the courts of record of this state and without having taken the constitutional oath".

Unauthorized practice of law is a misdemeanor and carries a penalty of up to a year in jail and a $1,000 fine.

The North Country Gazette has learned that Soares' attorney registration expired in October 2006 and thus Soares has been engaged in unlawfully performing the duties of the office of district attorney and has allegedly engaged in the unauthorized practice of law since last October. https://iapps.courts.state.ny.us/attorney/AttorneyDetails?attorneyId=5531436

District attorneys must be admitted to practice law in the State before they can perform the duties of the office and collect compensation.

Every attorney admitted to practice in the state must register and pay a biennial fee to the Chief Administrator of the Courts. Pursuant to Judiciary law 468a, attorneys who default on this obligation are subject to the imposition of discipline by the Appellate Division of state Supreme Court.

Last Oct. 12, the court suspended over 800 attorneys for failing to re-register and pay their fees.

According to the website for the state courts, Soares apparently was too busy readying himself for his national media coverage in connection with the steroids arrests to renew his registration to practice law.

http://www.northcountrygazette.org/articles/2007/022807SteroidScandal.html
http://www.northcountrygazette.org/articles/2007/030107Extradition.html
http://www.northcountrygazette.org/articles/2007/031007PhonySoares.html

The Albany County District Attorney's office has a Public Integrity Unit, formed in 2005 by Soares which investigates and prosecutes cases when a public official or law enforcement member illegally abuses the power and confidence granted by the citizenry, violations of the public trust.

In January, the Albany County district attorney's office announced it was teaming with the Attorney General's office to investigate and prosecute public integrity cases.

Charges against Soares for unauthorized practice of law would be prosecuted by the Attorney General's office. 3-22-07

© 2007 North Country Gazette