Interim Suspension For Soccer Bribes Conviction
An interim suspension for a serious crime conviction has been ordered by the New York Appellate Division for the First Judicial Department
On October 20, 2016, respondent pleaded guilty in the United States District Court for the Eastern District of New York to racketeering conspiracy and wire fraud conspiracy, both felonies, in violation of 18 USC § 1343, 1349, and 1962(d). Respondent has not yet been sentenced.
Respondent’s conviction stems from his employment with Traffic Sports USA, a firm headquartered in Florida. In connection with his employment, respondent admittedly negotiated and facilitated the payment of millions of dollars in bribes to soccer officials in order to secure lucrative media and marketing contracts for his employer. Respondent’s conviction was part of the many prosecutions connected to FIFA, the international organization governing organized soccer, and its affiliated regional organizations.
His arguments notwithstanding
Respondent contends that an interim suspension is unwarranted in his case, because he was essentially a minor participant in the criminal conspiracy at issue. Respondent claims he never received a bribery payment; he did not use his law license to commit the crimes of which he stands convicted; and the factual record concerning his conduct is incomplete as he has not yet been sentenced.
Respondent has not presented any compelling reason why this Court should not impose an interim suspension given the serious, criminal conduct to which he has admitted and has been convicted of, namely negotiating and facilitating millions of dollars in illegal bribes. Furthermore, this Court has consistently held that during the pendency of a “serious crime” proceeding, it is appropriate to suspend an attorney, pursuant to Judiciary Law § 90(4)(f), who has been convicted of a federal felony even if they have not yet been sentenced (see e.g. Matter of Sampson, 138 AD3d 175 [1st Dept 2016] [imposing interim suspension based on “serious crime” prior to sentencing]; Matter of Kramer, 69 AD3d 139 [1st Dept 2009] [same]).
Accordingly, the Committee’s motion to deem the crimes of which respondent has been convicted as “serious crimes” pursuant to Judiciary Law § 90(4)(d), and immediately suspend respondent from the practice +of law pursuant to Judiciary Law § 90(4)(f) and NYCRR 1240.12(c)(2)(ii) should be granted and respondent is directed, pursuant to Judiciary Law § 90(4)(g) and 22 NYCRR 1240.12(c)(2)(i) and (iv), to show cause before a referee appointed by the Court who shall thereupon hold a hearing within 90 days of respondent’s sentencing or release from incarceration, whichever is applicable, why a final order of censure, suspension, or disbarment should not be made.
The New York Times reported
Aaron Davidson, one of a handful of Americans implicated in United States prosecutors’ world soccer corruption case, pleaded guilty to racketeering conspiracy and wire-fraud conspiracy charges in federal court in Brooklyn on Thursday.
His conviction was the 20th to be announced by the Department of Justice in its far-reaching prosecutions of sports officials and business executives connected to FIFA, soccer’s global governing body, and affiliated regional organizations.
Mr. Davidson, 45, a sports marketing executive, admitted to negotiating and paying more than $14 million in bribes to soccer officials on behalf of Traffic Sports USA, a firm headquartered on Brickell Key, a private island in Miami where Mr. Davidson lives.
Those bribes helped Traffic secure lucrative media and marketing contracts, including the rights to major international tournaments. Mr. Davidson, who began working for Traffic as a salesman in 2003, said on Thursday that he had learned about the company’s practice of paying bribes for business in 2009 and that he had begun participating in such schemes in 2012.
“I knew making the bribe payment was illegal and was concerned about making it,” he said of one transaction, noting that he had falsified an invoice to make it seem legitimate.
Mr. Davidson faces up to 40 years in prison for the two charges to which he admitted. He agreed to forfeit more than half a million dollars to the United States, adding to the more than $200 million promised to the government by people convicted in the case.
(Mike Frisch)