Porn Conviction Draws Automatic Disbarment

A federal pornography conviction is sufficiently similar to a state felony warranting automatic disbarment according to the New York Appellate Division for the Second Judicial Department

Although the statutory provisions at issue are technically dissimilar in that 18 USC § 2252A(a)(2) relates to the receipt of child pornography whereas Penal Law § 263.16 relates to the possession of child pornography, we conclude that the receipt of child pornography is essentially similar to the possession thereof (see Matter of De Sear, 124 AD3d 139). Further, the respondent admitted in his plea agreement that he knowingly received images of child pornography depicting minors through an internet application, and that he received, downloaded, and stored images of child pornography on various devices that he owned, thereby satisfying both receipt and possession.

By virtue of his federal felony conviction, the respondent was automaticallydisbarred and ceased to be an attorney pursuant to Judiciary Law § 90(4)(a).

Tampa Dispatch reported on the criminal case

According to court documents, on July 7, 2020, Cooney, a former attorney and therapist, received images depicting children as young as 1-2 years old being subjected to sadistic sexual abuse using a popular online messaging app. On August 21, 2020, law enforcement officers executed a search warrant at Cooney’s home and seized several computers and electronic devices. A forensic review of Cooney’s devices revealed more than 1,800 images and 2,400 videos depicting the sexual abuse of young children. In addition to receiving these images, Cooney was also trading and exchanging online cloud storage links to collections of child sexual abuse materials with other users on this mobile app.

(Mike Frisch)