Disbarment Proposed For Former Netflix VP

A District of Columbia Hearing Committee has recommended disbarment for an attorney’s misconduct in his own divorce

As set forth below, we conclude that the Maryland Rules apply to the violations and find that Disciplinary Counsel has proven all of the alleged violations by clear and convincing evidence. These extreme violations warrant disbarment. In considering Mr. Libertelli’s mitigation arguments, we are sensitive to the horrible effects of addiction and agree that he has provided some evidence towards the elements of Kersey mitigation and meets the first element of proving by clear and convincing evidence that he suffered from an addiction. If the other evidence were stronger, the case would turn on the resolution of some significant undecided issues of law. However, on the existing evidence, we conclude that Mr. Libertelli did not prove by a preponderance of evidence that the addiction was a substantial cause of his wrongdoing; and, although he has made some progress, he did not prove (by the required clear and convincing evidence, or even a preponderance) that he is already substantially rehabilitated as Kersey requires. Accordingly, he should be disbarred.

The violations

The charges against Mr. Libertelli involve what he now admits are scores of intentional misrepresentations he made in divorce and custody proceedings over a period of almost three years (from December 2015 to November 2018) – misrepresentations made overwhelmingly, but not entirely, to conceal his use and purchases of drugs (primarily opioids, cocaine and marijuana), which was a major issue in the case. Mr. Libertelli lied under oath as a witness in the divorce proceeding; he made non-sworn false statements both directly to the Court (for example, in the course of acting pro se) and indirectly when his counsel conveyed his false information; he falsified numerous drug test results and fabricated financial records that he produced to his wife’s counsel and, in many instances, offered or caused or allowed these fabricated documents to be entered into evidence without informing the Court that they were fabricated. Respondent was diagnosed with Opioid Use Disorder in 2016 (as well as a Cocaine Use Disorder) and has since sought treatment and counseling. Though he stopped taking non- prescription opioids in 2018, Respondent continued to use cocaine until at least late 2020. He also continues to use marijuana and received a medical marijuana card in April 2021.

Respondent

From September 1996 to 1999 or 2000, Mr. Libertelli worked as an associate at Dow Lohnes & Albertson. From January 2001 through early 2005, Mr. Libertelli worked for the Federal Communications Commission. From March 2005 to December 2011, Mr. Libertelli worked at Skype as Senior Director of Government Affairs for the Americas. Between December 2011 and June 2017, he worked for Netflix as Vice-President of Global Public Policy. Since then, Mr. Libertelli has worked at various times on his own as a consultant and at other times in-house at other firms.  Since November 2020, he has been General Counsel of Carrier Exchange d/b/a CarrierX. 

 In July 2008, while he was working at Skype, Mr. Libertelli married Yuki Noguchi; they had two boys born in September 2009 and December 2010. (citations to record omitted)

The committee relied on two prior cases of prosecutions that I had participated in

Although the facts are not identical, the extent of dishonesty in this case so exceeds that found warranting disbarment in Goffe and Corizzi that it outweighs any other differences or mitigating factors. Mr. Goffe fabricated a relative handful of documents in two discrete contexts. Corizzi got two clients to lie about his reciprocal referral arrangements with a chiropractor. Other cases, involving discipline short of disbarment generally involved less serious or even more isolated instances of dishonesty.

Mr. Libertelli did not fabricate one or two documents. He fabricated or altered scores of drug tests and financial documents over a 17-month period until he was caught. He did not merely suborn two acts of perjury. He personally lied dozens of times under oath in hearings spanning some three years. At least two of the lies (the testimony about why he gave money to Ms. Chen and the concealment of transfers found to be contrary to court order) went beyond the ostensible purpose of concealing drug use or purchases and really concealed only the fact that Mr. Libertelli had taken money out of an account in violation of a court order. It was not accidental. It was calculated and calculated repeatedly. And these lies were made either directly to, or with ultimate result of, deceiving a court and forcing scores of hours of hearings and evading court orders.

The 170-page recommendation came from a committee composed of Merril Hirsh, Chair, Patricia Matthews, public member and John Szabo, attorney member. (Mike Frisch)