Standing By

The New York Appellate Division for the First Judicial Department has disbarred an attorney convicted of a federal crime

On December 20, 2019, respondent was convicted, upon his plea of guilty, in the United States District Court for the Southern District of New York (SDNY), of conspiracy to commit wire fraud and wire fraud (two counts) in violation of 18 USC §§ 1349 and 1343 and 2, both felonies. On July 28, 2021, he was sentenced to 14 days’ imprisonment, followed by three years of supervised release, and directed to make $5,116,699 in restitution and to forfeit $160,000.

Respondent’s conviction arose from his participation in a scheme whereby victims paid advance fees for fraudulent standby letters of credit (SBLCs) issued by fake banks. Between 2014 and 2019, respondent acted as escrow agent in these transactions and accepted advance fees from the victims which he was to hold in his escrow account pending issuance of the SBLC. Pursuant to an agreement, he was not to wire the funds out of the account until the victim received the SBLC. Nevertheless, respondent ignored this contractual duty and he immediately wired the victims’ monies to his co-conspirators. In addition, he misappropriated $316,699 in law client funds from his attorney escrow account. As part of his sentence, respondent was directed to pay restitution of $4.8 million to the victims of the SBLC scheme (for which he was jointly and severally liable with two other defendants) and $316,699 to the law client, and to forfeit the $160,000 he personally earned from the SBLC scheme.

Of concern

Notwithstanding the aforementioned sworn representations, respondent disclosed to the Referee that he had, among other things, helped a law firm and some other lawyers advising them on wills and trusts. Respondent testified that he left that law firm at the end of 2016 and “was looking for work basically”; he “called up several clients – – several attorneys to see if [he] could help them doing wills and trusts”; and he also called up two banks and they “sent [him] one or two persons who needed wills to be done.” While the record is not clear as to whether any of the aforementioned legal work was done after respondent’s April 29, 2020 temporary suspension in New Jersey and his June 18, 202o interim suspension in New York, respondent nevertheless introduced notes taken by his doctor in 2020 and 2021 indicating that he was working on wills and had clients.

In addition, the AGC introduced an internet posting dated May 19, 2022 in which respondent referred to himself as “Albert O. Grant II, Esq. Attorney at Law Admitted in New York and New Jersey” and “Corporate General Counsel” for International Agency for Economic Development (a company which respondent claimed is now “practically defunct.”) Respondent, who claimed that he had forgotten to take the posting down, conceded that it held him out as an attorney in good standing. He also continued to use an email address with the word “esquire” in it.

Respondent eventually withdrew his opposition to disbarment. (Mike Frisch)