A three-year suspension was ordered by the New York Appellate Division for the Second Judicial Department.

The facts

Prior to in or about 1991, the respondent met and became friendly with an attorney named Vincent Leibell. Thereafter, the two men became friends, both personally and professionally. In or about 1991, with the ostensible support of Leibell (then Putnam County Executive), the respondent became the Putnam County Attorney — an appointed position that he thereafter held continuously until sometime in or about 2008. The respondent hired one or more additional lawyers for the Putnam County Attorney’s Office with the support of Leibell who, by then, had become a New York State Senator.

In or about February 2000, then State Senator Leibell directed the respondent to advise one of the attorneys whom the respondent had hired that, if the attorney wished to keep his contracts for legal services with Putnam County, he would have to hire Leibell as a consultant and pay Leibell a substantial sum of money. The respondent did as Leibell directed, and came to believe that the attorney made substantial cash payments to Leibell.

In or about 2001, the Putnam County Foundation (hereinafter the Foundation), a not-for-profit corporation, was formed at the impetus of Leibell, by one or more individuals, for the purpose of developing senior housing within Putnam County. The Foundation was initially funded by “member items,” also known as “discretionary funds,” that were made available to it by Leibell. From in or about December 2001 though in or about April 2005, the respondent served as the part-time Executive Director and legal counsel for the Foundation. Under the terms of the contract, which the respondent executed with the Foundation in December 2001, he was to receive no monetary compensation for his services. Instead, a barter arrangement was negotiated under which, in exchange for the respondent’s above-described services, the Foundation would permit the respondent to maintain his law offices within the confines of the Foundation’s offices; pay all costs and expenses associated with that space through on or about August 31, 2002, after which the respondent would pay only $350 per month of the larger, total office rental cost; pay for the cost of utilities within the office (including, inter alia, telephone and cleaning services); and pay for the respondent’s LEXIS/NEXIS on-line legal research expenses. In or about the summer of 2002, Leibell advised the respondent that additional funds were being obtained for the Foundation, which would enable it to thereafter pay for “staff” and “legal counsel.”

During the period beginning in or about December 2003, and on one or more occasions thereafter, through in or about April 2005, the respondent submitted invoices to, and received payments from, the Foundation, for the legal services he rendered to it. Each time the respondent received such payments, Leibell demanded that the respondent take half of the respondent’s post-tax earnings from the Foundation, and pay it to Leibell in the form of a cash payment. Between in or about December 2003, and in or about January 2005, the respondent made multiple such cash payments to Leibell, as demanded.

This conduct led to a federal conviction and an array of disciplinary charges.

On sanction

…we agree with the Special Referee that the respondent’s conduct was a blatant breach of the public trust, from which he personally benefitted. Although he had ample opportunity to do so, the respondent failed to approach law enforcement authorities. Rather, law enforcement authorities approached him. We do not find credible the respondent’s argument that he did not report Leibell’s conduct to the authorities because he would not have been believed if he had. Just as he wore a wire in or about 2010, he could have done so at an earlier time. Moreover, the purported threat to his livelihood was never realized, even when he independently stopped acceding to Leibell’s demands. Accordingly, the respondent is suspended from the practice of law for a period of three years.

(Mike Frisch)