Plea To Lesser Offense Gets One Year Suspension
A one-year suspension has been imposed by the New York Appellate Division for the Second Judicial Department
Charge one alleges that the respondent engaged in illegal conduct that adversely reflects on his honesty, trustworthiness, or fitness as a lawyer based on his conviction of a serious crime, in violation of rule 8.4(b) of the Rules of Professional Conduct (22 NYCRR 1200.0). On June 17, 2015, in the Supreme Court, Queens County, the respondent pleaded guilty to obstructing governmental administration in the second degree, in violation of Penal Law § 195.05, a class A misdemeanor. On June 22, 2015, he was sentenced to a one-year conditional discharge and directed to pay restitution in the sum of $20,000 and a DNA fee of $50.
Based on the uncontroverted evidence, and the respondent’s admissions, the Special Referee properly sustained the charge. Accordingly, the Grievance Committee’s motion to confirm the Special Referee’s report is granted.
In mitigation, the respondent asks that the Court consider the fact that, although charged with other more serious offenses, he pleaded guilty to obstructing governmental administration in the second degree, which was an added offense after the government, on the eve of trial, decided not to proceed, and instead, offered him an opportunity to plead to the lesser offense. At his plea allocution, the respondent merely stated, “I obstructed and interfered with an investigation of this matter.” The respondent was directed to make restitution in the amount of $20,000, which he paid immediately. The respondent’s character witness testified that the respondent had an “impeccable character” and that his reputation for truth and honesty in the legal community was “impeccable” as well.
As for the Special Referee’s remark that the respondent showed no remorse whatsoever, the hearing transcript reveals that the respondent did say he was sorry, but it appeared that he was more sorry for himself and the humiliation that he has had to endure than sorry for any particular wrongdoing.
Under the totality of circumstances, we find that a suspension from the practice of law for one year is warranted, with credit for the time elapsed under the immediate suspension order.
Kaietuer News reported on the charges.
Queens District Attorney Richard A. Brown, joined by New York State Department of Financial Services, Superintendent Benjamin M. Lawsky, on Friday announced that three individuals, including a Richmond Hill attorney and his sister, have been charged with conspiring to commit mortgage fraud and larceny from Wells Fargo Bank.
They are accused of fraudulently obtaining mortgage funds in excess of $3.3 million pertaining to the purchase of six properties – including four in Queens –during a six-month period in 2008.
(Mike Frisch)