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A two-year suspension has been imposed on an attorney convicted of official misconduct by the New York Appellate Division for the Second Judicial Department.

The respondent’s conviction of the crime of official misconduct related to his efforts, while serving as Hempstead Town Clerk, to gain incriminating evidence against a female employee who had accused him of sexual harassment. Specifically, upon learning that a male employee possessed compromising photographs of the female employee, the respondent tried to obtain the photographs by threatening to have the male employee transferred from his position in the respondent’s office if he did not provide the photographs. Shortly after making this threat, and without having received the photographs, the respondent retracted his ‘request’ for the photographs and apologized to the male employee.

He was removed from office and the conviction was affirmed on appeal.

Sanction

In determining the appropriate sanction to impose, the respondent asks the Court to impose a six-month suspension nunc pro tunc to the date of the Court’s immediate suspension order (August 12, 2016), taking into consideration, inter alia, the following mitigating factors: his conduct was not malicious, the threats were not physical, and allegedly were not of a financial nature; his cooperation at his criminal trial; the public humiliation he has endured as well as the loss of his entire life’s savings defending the case and sustaining his family; the 300 hours of community service he has completed; his remorse; the 121 character letters he submitted to the sentencing court, which demonstrate that the misconduct was an isolated act; and his unblemished record in 20 years of practice. Notwithstanding the mitigation advanced, the respondent has been convicted of a serious crime committed in his capacity as a public official. While serving as Hempstead Town Clerk, the respondent threatened to have an employee transferred from his position in the respondent’s office if he did not provide the respondent with incriminating photographs, conduct clearly abusive of his position. The respondent’s actions were committed knowingly and with venal purpose in an effort to defend himself against the claim of a female employee who had accused him of sexual harassment.

Under the totality of the circumstances, we conclude that a suspension of two years is warranted, with credit for the time elapsed under the immediate suspension imposed by this Court’s order.

(Mike Frisch)