After The Millenium

The New York Appellate Division for the First Judicial Department accepted the resignation of an attorney and struck him from the rolls. The facts:

Respondent acknowledges that a disciplinary investigation was commencedagainst him in June 2009, while he was an associate at a law firm.Respondent admits that while handling cooperative and condominiumclosings for the firm, he and certain non-lawyers diverted a fictitiousbrokerage commission to which they were not entitled, from the firm’sescrow account, to a company that he formed called Millenium 1851, andfor whose account he was a signatory. Their intention was to share themoney they had wrongfully obtained from the firm’s client amongstthemselves. When respondent’s misconduct was discovered a few daysafter the closing, he made prompt restitution to the firm and resigned.Respondent further admits that, during the course of his employmentwith the firm, he wrongfully diverted additional funds totalingapproximately $22,220 for which he has similarly made restitution.Finally, respondent acknowledges that if charges were predicated uponthe misconduct under investigation, he could not successfully defendhimself on the merits against such charges.

(Mike Frisch)