Essentially Similar
If a conviction bears an “essential similarity” to a state felony, disbarment in New York is automatic.
The Appellate Division for the Second Judicial Department thus disbarred an attorney convicted on these facts of honest services wire fraud
By virtue of his plea of guilty to the information, the respondent acknowledged that between in or about January 2011 and February 2015, while an employee of the Town of Oyster Bay, he participated in a scheme to receive bribes and kickbacks in exchange for his assistance in obtaining the Town’s guarantee of certain loans. Specifically, the Town guaranteed two loans totaling approximately$20 million made by a private corporate financing company to two entities owned and operated by one of the respondent’s co conspirators. Approximately one week after the first loan closed, the respondent received from one of his co-conspirators an envelope with five checks, each made out to “cash” and in the amount of $5,000, for a total of $25,000. After the second loan closed, the respondent again received from one of his co-conspirators an envelope with five checks, each made out to “cash” and in the amount of $5,000, for a total of $25,000.
Under the circumstances of this case, we conclude that the respondent’s conviction of the crime of conspiracy to commit honest services wire fraud, in violation of 18 USC §§ 1343 and 1346, is essentially similar to the New York felony of scheme to defraud in the first degree, in violation of Penal Law § 190.65. By virtue of his conviction of a federal felony, the respondent was automatically disbarred and ceased to be an attorney pursuant to Judiciary Law § 90(4)(a).
Newsday reported
Frederick Mei, a former Oyster Bay deputy town attorney, admitted Monday to taking bribes from restaurateur Harendra Singh and another contractor as part of what he described as the “pay-to-play nature” of conducting business in the Republican-controlled town.
Assistant U.S. Attorney Lara Treinis Gatz asked Mei, who took the stand in the federal corruption trial of former Nassau County Executive Edward Mangano, his wife Linda and former Oyster Bay Town Supervisor John Venditto, if he was familiar with the expression “the Oyster Bay way.”
Mei responded: “To me, it’s a phrase used to discuss the pay-to-play nature of the town.”
Mei, who pleaded guilty to accepting bribes from Singh in exchange for helping him secure town-guaranteed loans, said the GOP wielded outsized influence in Oyster Bay.
A job candidate has to — at a minimum — be a registered Republican to get one of the approximately 1,100 posts with the town and they have to go to GOP fundraisers, Mei said.
“Pretty much do whatever you have to do in furtherance of the Republican Party,” Mei said.
His testimony recalled similar testimony four weeks ago from Singh, who said he learned early in his career to join the “club” of local Republicans for his restaurants to thrive.
(Mike Frisch)