Disbarred Attorney Summarily Reinstated

The District of Columbia Court of Appeals has summarily reinstated an attorney disbarred in D.C. and Maryland as a result of a misprison of felony conviction.

The Maryland Court of Appeals described the trial court’s misconduct findings in its disbarment order

5…the statement of facts [in the criminal case plea proceeding] is unambiguous in describing dishonest, fraudulent and deceitful conduct by the Respondent over a time frame from 2000 to 2004 while Respondent was employed as in-house counsel for Global Recruitment and Immigration Services, Inc. (GRIS) based in Falls Church, Virginia.

“6. That the conduct referenced in paragraph 5 included but was not limited to:

“a. Respondent’s awareness that his signature on various immigration documents was being forged.

“b. Respondent’s awareness that the signatures of immigrant clients of GRIS were being forged.

“c. Respondent’s awareness that a light box was being utilized to forge signatures.

“d. Respondent’s awareness that hundreds of ETA 750 applications were submitted on behalf of Cleaners of America (a potential employer of immigrant clients of GRIS) even though Cleaners of America did not have the capacity to hire such large numbers of immigrants.

“e. Respondent’s awareness that he was not, in his capacity as GRIS’ in house legal counsel, the attorney of record for the applicants referenced in paragraph d.

“f. Respondent’s awareness that GRIS was under investigation by the Federal government regarding the submission of hundreds of ETA 750 forms on behalf of immigrant clients.

“g. Respondent’s awareness [that] GRIS was misinforming its immigrant clients regarding the status of their ETA 750 applications.

“h. Respondent’s awareness of GRIS charging its immigrant clients fees to prepare ETA 750 forms.

The trial court also noted

“The Respondent also stands as an attorney whose nearly twenty (20) years of practice were devoted to providing legal services and defenses to individuals without means or rank.   He was a local leader in the practice of immigration law and an expert on the immigration consequences of criminal convictions, providing numerous presentations at judicial conferences, bar associations seminars, and offering mentoring to less experienced attorneys.   He did this all without financial compensation.   He taught asylum and refugee law at the Washington College of Law at the American University, published widely in the field and had a book contract with West Law prior to his conviction.   He offered countless hours of pro bono advice.   The Hearing Judge acknowledged the Respondent’s legal services were ‘stellar in nature.’   That the Respondent’s yearly income rarely topped $ 60,000 underscored the fact that his commitment to the practice of law was not pecuniary but to lend a helping hand to those who needed it.” 

Disbarment was nonetheless imposed. The District of Columbia imposed reciprocal discipline.

Maryland reinstated him in 2013 with a dissent from Judge Battaglia, who opined

His own version of events [in seeking reinstatement] in no way acknowledges having taken an active role to conceal the immigration fraud that permitted non-citizens to enter the country illegally, even though it is clear from our sanction discussion in the original case that Mr. Wingerter was disbarred because of intentionally dishonest conduct. It seems anomalous, and indeed incongruous, to say that an attorney who was disbarred for intentionally dishonest conduct should be reinstated, when he still does not acknowledge the seriousness of his criminal acts.

 (Mike Frisch)