Federal Conviction; State Disbarment

An attorney is automatically disbarred as a consequence of a federal child porn conviction, according to a decision of the New York Appellate Division for the First Judicial Department.

On June 6, 2015, respondent pleaded guilty in the United States District Court for the District of Nevada to a felony — namely, possession of child pornography in violation of 18 USC § 2252A(a)(5)(B). On December 4, 2015, respondent was sentenced to 41 months of imprisonment and 20 years of supervised release. Further, respondent was directed to pay a $50,000 fine and $2,000 in restitution. Respondent was also ordered to forfeit his laptop computer, and was required to register as a sex offender. Respondent’s conviction was predicated on his use of a file sharing program whereby, over a period of 33 days, between May 9 and June 11, 2012, he downloaded to his personal computer 52 pictures and 58 videos of child pornography, including images of children under 12 years of age.

Holding

Respondent’s plea admissions that he “had possession of a computer” and he “had a picture of a minor engaged in sexually explicit conduct,” read in conjunction with the information to which he pleaded guilty, corresponds to the New York felony of possessing a sexual performance by a child (Penal Law § 263.16), and therefore is a proper predicate for automatic disbarment under Judiciary Law § 90(4)(b) and (e).

(Mike Frisch)