Where There’s Smoke

An attorney’s conviction for wire fraud has led to disbarment by the New York Appellate Division for the Third Judicial Department

As revealed in the indictment, the respondent was previously employed by the City of Newburgh Fire Department in various capacities from 1980 to May 2000, when he retired. In November 2009, after obtaining a law license and practicing law, the respondent returned to serve as the Chief of the City of Newburgh Fire Department. New York’s Retirement and Social Security Law provides that retirees within the New York State and Local Police and Fire Retirement System who return to employment with the State of New York or its political subdivisions can earn up to $30,000 per year before their retirement benefits are suspended, unless a waiver is obtained. The respondent, who received pension benefits from 2000 to July 2014, failed to report to the New York State and Local Police and Fire Retirement System his return to public service or the earnings he received in excess of $30,000. The respondent failed to obtain a waiver of the earnings limit. As a consequence, the respondent received approximately $95,106.15 in pension benefits to which he was not entitled to receive as a result of his scheme. The respondent received pension payments each month by wire transfer from Florida to his bank account in New York.

Night follows day

We conclude that the respondent’s conviction of wire fraud in violation of 18 USC § 1343 is essentially similar to the New York felony of grand larceny in the second degree, in violation of Penal Law § 155.40, a class C felony (see Matter of Arvanitakis, 157 AD3d 64; Matter of Cean, 125 AD3d 75; Matter of Doumazios, 88 AD3d 442; Matter of Thies, 42 AD3d 37; Matter of Fazio, 35 AD3d 33). By virtue of his felony conviction, the respondent was automatically disbarred and ceased to be an attorney pursuant to Judiciary Law § 90(4)(a).

(Mike Frisch)