Suspension For Hospital Referral Payments

A suspension of four months was imposed by the New York Appellate Division for the First Judicial Department of an attorney convicted of criminal facilitation in the fourth degree.

The findings of misconduct were

based upon his plea allocution in which he acknowledged that “in 2007, in the Bronx, after an injured patient was accepted as a personal injury client, [I] paid an employee at Lincoln Hospital for [] disclosing the patient’s information to [me].” Respondent, who is admitted in Connecticut and New Jersey, promptly notified all three jurisdictions of his conviction.

In the disciplinary matter

At the sanction hearing held on December 10, 2013, respondent testified in his own behalf and called three character witnesses. He also submitted character letters and expressed remorse for his conduct. The evidence adduced at the hearing disclosed that respondent graduated from Brooklyn Law School in 1989 and became associated with Dinkes & Morelli. In 2006, eight years after the dissolution of that firm, while working for the firm Dinkes & Schweitzer, respondent, at the behest of partner William Dinkes, became involved in a scheme of paying hospital employees $500 for referrals. Respondent made eight such payments, but ceased the practice in September 2007 when Dinkes died suddenly. Respondent indicated he did not continue the payments after Dinkes’ death since he did not know the source of the funds.

Respondent has had an otherwise unblemished record during his 23 years of practice. He has paid the fine and sanctions and performed the community service through work with the Fortune Society.

(Mike Frisch)