Dewey Cheatum and Howe

A convicted attorney has been disbarred by the New York Appellate Division for the Second Judicial department

By way of background, the respondent was indicted, along with others, in 2014 and charged with one count of scheme to defraud in the first degree, in violation of Penal Law §
190.65(1)(b); multiple counts of grand larceny in the first degree, in violation of Penal Law § 155.42; multiple counts of falsifying business records in the first degree, in violation of Penal Law § 175.10; one count of violating General Business Law § 352-c(5) (the Martin Act); and one count of conspiracy in the fifth degree, in violation of Penal Law § 105.05(1). The underlying conduct of these alleged offenses consisted of a systematic course of actions taken by the respondent and others, all senior management of the law firm of Dewey & LeBoeuf, LLP (hereinafter the firm), in response to the poor financial condition of the firm. To prevent the financial collapse of the firm, the respondent and others allegedly employed various forms of fraudulent accounting adjustments, misrepresented the firm’s financial performance to lenders, and misrepresented the firm’s compliance with other lending requirements. Ultimately, all such efforts proved unsuccessful and the firm collapsed…

The respondent opposes the motion to strike, seeking, instead, a suspension of no more than one year. The respondent does not contest his felony convictions; however, he argues that he should not be disbarred due to various mitigating factors, for instance, his no-jail sentence, his remorse, and the absence of any intent to hurt anyone.

The various mitigating factors are unavailing because by virtue of his felony conviction, the respondent was automatically disbarred and ceased to be an attorney pursuant to Judiciary Law § 90(4)(a) (see Matter of Ginsberg, 1 NY2d 144)

(Mike Frisch)