“They Don’t Send The Lawyers To Jail Because We Run The Country”

An attorney has been censured by the New York Appellate Division for the First Judicial Department

The Attorney Grievance Committee commenced this disciplinary proceeding by a petition of charges (Judiciary Law § 90[2], Rules for Attorney Disciplinary Matters [22 NYCRR] § 1240.8), alleging that respondent was guilty of certain misconduct in violation of the Rules of Professional Conduct (22 NYCRR 1200.0) because he counseled a client to engage in conduct he knew was illegal or fraudulent and suggested to the client that lawyers in the United States can act with impunity. Specifically, respondent met with a potential client who represented himself as appearing on behalf of a West African minister. The individual stated that the minister desired to purchase real property in the form of a brownstone, an airplane, and a yacht in the United States. Respondent was under the impression that the money involved was in the tens of millions. The individual’s explanation of the source of the money suggested that the money was questionable. The individual related that “companies are eager to get hold of rare earth or other minerals … And so they pay some special money for it. I wouldn’t name it bribe; I would say facilitation money.” Respondent informed the individual that they would need to hide the true source of the money by setting up different corporations to own the properties the minister sought to purchase. Respondent also provided assurances regarding protection of the attorney-client privilege and stated that “[t]hey don’t send the lawyers [in the United States] to jail because we run the country.”

Sanction

 In light of the significant factors in mitigation, including respondent’s cooperation, admitted conduct and acceptance of responsibility, and the fact that the misconduct was aberrational and occurred in the context of a single, open-ended conversation during a meeting with a potential client after which respondent took no further steps, the parties agree that a public censure is appropriate.

The New York Law Journal covered the decision. (Mike Frisch)