BEFORE THE HEARING BOARD
OF THE
ILLINOIS ATTORNEY REGISTRATION
AND
DISCIPLINARY COMMISSION

In the Matter of:

CONSTANTINE PETER KALLAS,

Attorney-Respondent, 

No. 6229526.

 

Commission No. 2011PR00057  

FILED -  July 18, 2011

COMPLAINT

Jerome Larkin, Administrator of the Attorney Registration and Disciplinary Commission, by his attorney, Meriel Coleman, pursuant to Supreme Court Rule 761(b), complains of Respondent, Constantine Peter Kallas, who was licensed to practice law in the State of Illinois on November 9, 1995, and alleges that Respondent has engaged in the following conduct which tends to defeat the administration of justice or to bring the courts or the legal profession into disrepute:

(Conviction for bribery, tax evasion)

1. Starting on June 7, 1998, Respondent was employed as Assistant Chief Counsel by the Office of Chief Counsel, which was a department of the Office of Principal Legal Advisor, within the United States Immigration and Customs Enforcement ("ICE"). As Assistant Chief Counsel, Respondent was responsible for arguing on behalf of the government in civil administrative deportation removal hearings and provided legal advice to the other components of ICE.

2. Between October, 2004 and June, 2008, Respondent and Maria Gabriela Kallas, his wife, utilized a recruiter, who sought out undocumented aliens and legal permanent residents and told the prospective clients that Respondent was a high-level immigration official who could help them obtain work authorization permits and permanent residency status for a fee. After the recruiter collected the required fee and documents, the recruiter delivered the fee and documents to Respondent and Respondent's wife. Respondent and his wife utilized two shell corporations to submit false information to the United States Custom and Immigration Service and the United States Department of Labor claiming that at least 45 undocumented aliens were being hired to occupy skilled labor positions in one the shell companies. Respondent also filed false documents for at least two permanent residents.

3. Respondent and his wife charged each alien between $10,000 and $20,000 for submitting the false documentation. Respondent and his wife collected amounts totaling at least $950,000 through their immigration scheme.

4. On January 14, 2010, the United States Attorney office for the Central District of California filed a 56-count second superseding amended and corrected indictment against Respondent and his wife. Respondent was charged with one count of conspiracy in violation of Title 18, United States Code, Section 371; five counts of bribery in violation of Title 18, United States Code, Sections 201(b)(2) and 2(a); two counts of obstruction of justice in violation of Title 18, United States Code, Sections 1505 and 2(a); nine counts of fraud and misuse of immigration documents in violation of Title 18, United States Code, Sections 1546(a), 2(a), and 2(b); nine counts of aggravated identify theft in violation of Title 18, United States Code, Sections 1028A(a)(1), 2(a), and 2(b); ten counts of making false statements in violation of Title 18, United States Code, Sections 1001(a)(2), 2(a), and 2(b); four counts of false statement or fraud to obtain federal employees' compensation; one count of conspiracy to commit money laundering in violation of Title 18, United States Code, Section 1956(h); two counts of money laundering in violation of Title 18, United States Code, Sections 1956(a)(1)(B)(1); six counts of money laundering involving transactions greater than $10,000 in violation of Title 18, United States Code, Section 1957; and five counts of tax evasion in violation of Title 26, United States Code, Sections 2(a) and 2(b). United States of America v. Constantine Peter Kallas, case number 08-CR-128(B). A copy of the second superseding amended and corrected indictment is attached as Exhibit One.

5. On April 20, 2010, after a jury trial, Respondent was found guilty on all counts of the indictment.

6. On March 24, 2011, after denying three post-trial motions filed by Respondent, the Honorable Terry J. Hatter., Jr. entered a judgment of conviction that sentenced Respondent to 212 months, to be served in the custody of the United States Bureau of Prisons, with credit for time already served, and required Respondent to pay a special assessment of $3,600 to the United States, through the Clerk of the Court, and pay restitution in the amount of $296,865.45 to the United States Department of Labor, Office of Workers' Compensation Programs. After his release from prison, Respondent must fulfill a two-year term of supervised release. A copy of the judgment of conviction is attached as Exhibit Two.

7. As a result of the conduct and order of conviction described above, Respondent has engaged in the following misconduct:

  1. committing a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, in violation of Rule 8.4(a)(3) of the 1990 Illinois Rules of Professional Conduct by virtue of his conviction;

  2. conduct involving dishonesty, fraud, deceit or misrepresentation, in violation of Rule 8.4(a)(4) of the 1990 Illinois Rules of Professional Conduct;

  3. conduct which is prejudicial to the administration justice, in violation of Rule 8.4(a)(5) of the 1990 Illinois Rules of Professional Conduct; and

  4. conduct which tends to defeat the administration of justice or to bring the courts or the legal profession into disrepute, in violation of Supreme Court Rule 770.

WHEREFORE, the Administrator respectfully requests that this matter be assigned to a panel of the Hearing Board, that a hearing be held pursuant to Supreme Court Rule 761, and that the panel make findings of fact, conclusions of fact and law, and a recommendation for such discipline as is warranted.


Meriel Coleman
Counsel for the Administrator
One Prudential Plaza
130 East Randolph Drive, #1500
Chicago, Illinois 60601-6219
Telephone: (312) 565-2600
Respectfully submitted,

Jerome Larkin, Administrator
Attorney Registration and
Disciplinary Commission

By:  Meriel Coleman