Now Disbarred Twice
An attorney’s felony theft conviction has resulted in his automatic disbarment by the New York Appellate Division for the Second Judicial Department.
The plea minutes reveal that, during the period from 2009 to 2012, the respondent misappropriated or stole client funds belonging to four different clients (Carmella Merola, Patricia Sherry, Farris Summers, and the Estate of Anna Duval). In each instance, the respondent invaded his clients’ funds for personal use, using the funds to pay his bills, mortgage, and rent. Furthermore, when these individuals demanded their funds and the respondent failed to deliver to these individuals the funds they were entitled to receive, the respondent made false representations and promises to them at different points in time. The respondent lacked the funds to make full restitution to his victims. The Assistant District Attorney indicated that the People intended to seek confessions of judgment in the following amounts: $250,145 (Merola); $114,287.97 (Sherry); $122,129.39 (Summers); and $213,497 (Duval).
The ABA Journal reported on the crimes
A former New York prosecutor has admitted to embezzling $700,000 from four real estate clients.
Robert DePalma, 54, who has a St. George law office and formerly worked for the Staten Island district attorney, has pleaded guilty to a scheme to defraud and four counts of second-degree grand larceny, said Queens District Attorney Richard A. Brown in a news release (scroll down).
One client, who sold a home for $274,000, got nothing, reports the Staten Island Advance, as DePalma allegedly used the money for personal and business expenses.
His lawyer, Eric Nelson, declined to comment when contacted by the newspaper.
In 2012, DePalma was disbarred by consent in New Jersey due to a claimed $3,800 misappropriation from a client. However, the reciprocal discipline imposed in New York in 2013 was reduced to a suspension, reports another Staten Island Advance article published earlier this year.
An opinion by the Second Department imposing the suspension cited DePalma’s “profound remorse” and “full acceptance of responsibility,” the newspaper says.
It also noted DePalma’s “impressive” character witnesses,” including five judges, and “outstanding service to the community.”
DePalma faces up to 9 years when he is sentenced on Dec. 23 in the New York case.
(Mike Frisch)