Finneran faces loss of state pension

As former House speaker Thomas M. Finneran heads this morning to federal court, where he is expected to plead guilty to obstruction of justice, he faces the almost certain loss of his $30,000-a-year pension because of a decision last year by the state Supreme Judicial Court.

The state's highest court ruled unanimously in March that Boston Juvenile Court Clerk-Magistrate John P. Bulger forfeited his pension when he admitted that he lied to two federal grand juries investigating the disappearance of his brother, fugitive mobster James J. "Whitey" Bulger.

Alden Bianchi, cochairman of a Boston Bar Association committee on pensions, said Finneran's case appears to be a more obvious violation of the Massachusetts law that bars employees from receiving a pension if convicted of a "criminal offense involving violation of the laws applicable to his office or position."

"If you're looking for an example of a clear-cut case, this does seem to be one," said Bianchi, given that Finneran's alleged misdeeds appear to have been directly related to his job.

Legal specialists said Finneran could also face a one-year suspension of his license to practice law.

Once the most powerful Democrat on Beacon Hill, Finneran agreed to plead guilty this morning before US District Judge Richard G. Stearns in exchange for federal prosecutors dropping three perjury charges against him, two sources familiar with the deal told the Globe on Wednesday.

Finneran, who faced 16 to 21 months in prison if convicted on all counts, is expected to serve a term of unsupervised probation and pay a fine to end the protracted legal battle over charges that he misrepresented his role in the creation of a legislative redistricting plan that siphoned voting strength from Boston's blacks and Hispanics.

The case stemmed from his November 2003 testimony in a civil suit brought by the Black Political Caucus and other voting-rights groups that sought to overturn the House's 2001 redistricting plan on grounds it was unfair to minority voters.

Finneran, 56, who has been president of the Massachusetts Biotechnology Council since he left the State House in 2004, also agreed not to seek political office for five years, according to the sources.

Alison Mitchell, spokeswoman for state Treasurer Timothy P. Cahill, who chairs the Retirement Board, said Finneran receives $30,909 a year through his public pension. But she declined to comment about whether he is in danger of losing it until the board reviews the matter, as early as Jan. 25.

The SJC's ruling in the John Bulger case offers him little hope, however.

In that decision, the court said Whitey Bulger's youngest brother violated the "fundamental tenets" of his office when he committed perjury and obstruction of justice even though his lawyers had argued that he acted out of "family loyalty" and his misdeeds were unrelated to his job.

He pleaded guilty in 2003 to two counts of perjury and two counts of obstruction of justice and was sentenced to six months in federal prison. Federal authorities said he falsely testified about contact with his brother, Whitey Bulger.

The SJC concluded that John Bulger's crimes could not be separated from the nature of his work , where duties include administering an oath requiring witnesses to testify truthfully.

Finneran's alleged offenses stemmed directly from his job as House speaker and his testimony in the civil suit on his role in the redistricting plan. A three-judge panel threw out the plan in 2004 and sharply rebuked Finneran in a footnote to the decision, strongly implying that he misled the court when he testified that he had little involvement in the drawing of the district lines. Federal prosecutors charged Finneran in June 2005.

Bianchi said retired state employees have lost their pensions under the law after being convicted of felonies, so he considered it "very likely" that Finneran will lose his. His prominence will only increase the likelihood, he said, given that "regulators will be under a great deal of pressure with this one not to let it slide."

Daniel C. Crane, the state's former bar counsel, said a lawyer's conviction for a felony or misdemeanor results in an automatic referral to the Board of Bar Overseers. The board then decides what discipline is appropriate, a ruling often appealed to the state Supreme Judicial Court.

Speaking generally, Crane said a conviction for obstruction of justice would probably lead to a suspension for at least a year.

Finneran's defense lawyers, Richard Egbert and Thomas Drechsler, separately declined to comment yesterday.

John R. Ellement of the Globe staff contributed to this report.