Discipline For Identity Theft Conviction

The New Jersey Supreme Court has imposed a two-year suspension of an attorney convicted of identity theft.

The Disciplinary Review Board had proposed the sanction adopted by the court.

On May 24, 2010, a Pennsylvania magistrate judge approved the filing of a criminal complaint in Upper Saucon Township, Lehigh County, against respondent, charging him with the identity theft of Marco Orellana, in February 2009. On August 4, 2010, an information was filed against respondent in the Lehigh County, Pennsylvania Court of Common Pleas, formally charging him with three counts of identity theft, contrary to 18 Pa.C.S.A. §4120(a). Specifically, respondent allegedly had used identifying information of Orellana, without Orellana’s consent, to apply for three different credit cards. The information stolen by respondent included Orellana’s name, Social Security number, and date of birth.

 He activated one of the three credit cards and admitted to a gambling problem in the criminal case but failed to follow through on reporting obligations

At argument, respondent took responsibility for his failure to report the charge, conviction, and suspension, explaining that, at the time, his life was “in complete shambles.” He also had been under the misapprehension that the reciprocity of discipline was automatic. Respondent learned of his specific obligation to report the conviction and the discipline to the OAE from the Pennsylvania disciplinary authorities, during the course of his reinstatement efforts in Pennsylvania.

 The board noted his continuing efforts to deal with his gambling addiction.

In our view, when weighed, the mitigating factors and aggravating factors do not warrant deviation from what should be a two-year suspension. We determine, however, that the suspension should be retroactive to June ii, 2014, the date on which respondent reported to the OAE that discipline had been imposed on him in Pennsylvania.

(Mike Frisch)