Suspension For Cyberstalking Conviction

The New Jersey Supreme Court has ordered a three-year suspension for an attorney’s cyberstalking conviction in New York federal court.

The Disciplinary Review Board described the circumstances

although the information contained in those documents involves disturbing and graphic language, it is critical to understanding the nature of respondent’s misconduct and the harm it caused his victim.

Respondent and Jane Doe (Doe) dated for approximately four months, from November 2013 through March 2014. Shortly after they broke up, respondent commenced a four-year-long course of criminal conduct that caused Doe substantial emotional distress, including sending hundreds of harassing and threatening e-mails to Doe, Doe’s family, and Doe’s employer. Respondent also created various blogs and posted complaints about the breakup, described the psychotropic medications he took, and repeatedly threatened violence against Doe. Respondent threatened to kidnap Doe, to hold her bound and gagged in his apartment, and to rape her with a knife. He also demanded she have sexual intercourse with him and threatened to commit other acts of violence against her.

The emails are quoted

On April 30, 2014, as a result of his conduct toward Doe, the Manhattan District Attorney’s Office charged respondent with aggravated harassment in the second degree. Respondent voluntarily surrendered and the Criminal Court of the City of New York issued an order of protection prohibiting respondent from contacting Doe through any means, including e-mail and social media.

On July 15, 2014, the New York court issued a one-year, temporary order of protection against respondent, which prohibited him from stalking, harassing, or contacting Doe through any means. The order of protection also prohibited respondent from contacting Doe through any third parties.

But

Eight days later, on July 23, 2014, respondent, using the pseudonym “Robert Roma,” sent Doe a lengthy e-mail message that complained that Doe had respondent arrested for stalking; referred to her as a “sociopath;” questioned who else Doe was dating; and informed her that he missed her “sexually.” Also in the e-mail, respondent informed Doe that “the law should never be invited into personal shit. never. nothing good would ever come of it. you must know that.” Respondent also told Doe that he already had forgotten about law enforcement.

In addition to the e-mail and text messages respondent sent to Doe, he created a series of “Blogspot” webpages featuring lengthy posts devoted to harassing Doe.  On June 6, 2014, respondent posted on his “nycitysux” blog, using the pseudonym “Anton Phillipe Wolfgang Van Sertima,” and claimed that Doe had threatened his life and accused him of molesting children.

Then

On September 8, 2014, respondent sent an e-mail to the human resources (HR) department of Doe’s employer. In the e-mail, respondent accused Doe of using marijuana, cocaine, and narcotics. Respondent urged the HR department  to administer a drug test on Doe. The same day, respondent sent another e-mail, this time to a specific representative within the HR department, in which he referenced his earlier e-mail; however, in the second e-mail, respondent informed the HR representative that he was an attorney and could be disbarred if he made a dishonest statement. Therefore, respondent urged the HR representative to hold Doe accountable for her alleged illegal drug use by administering a drug test. The next day, respondent sent a third e-mail to Doe’s HR department and accused her of violating his rights under the Health Insurance Portability and Accountability Act.

The New York court entered a new protection order but

Notwithstanding the entry of the second order of protection, throughout 2015, 2016, and 2017, respondent continued to harass Doe,6 using at least four different Blogspot pages, including pages that specifically referenced Doe’s first and last name, along with the first and last name of Doe’s then-boyfriend. Respondent’s posts on the various Blogspot pages consisted of “long, rambling tirades” about Doe and reiterated the threats contained in his prior communications. The posts also contained photographs of Doe, other personal identifiers, and information regarding her place of employment.

Further harassment is detailed

Beginning in February 2017 and continuing until he was arrested in May 2018, respondent used anonymous e-mail services to send Doe additional harassing e-mails. For example, on February 26, 2017, respondent wrote to Doe that “chicks that play the victim card should die. [I] think women who accuse men of abuse should be tortured. [Y]ou should have a butcher knife fuck your pussy. . . [I] hate jews. [Y]ou and your jew family should die. [D]irty jews.

After additional posts

On May 31, 2018, the United States Government filed a sealed complaint against respondent. He was arrested the next day…

Based upon the records the Government obtained during its investigation into respondent’s criminal conduct, it learned that respondent had used eight unique accounts to harass Doe over the four years between his breakup with Doe and his arrest.

He pled guilty

On January 25, 2019, the Honorable Katherine Polk Failla, U.S.D.J., sentenced respondent to a fifty-month term of imprisonment, followed by three years of supervised release. Additionally, on July 26, 2019, Judge Polk Failla entered an order requiring respondent to pay $64,115.38 in restitution to Doe.

Respondent was released from prison on December 17, 2021.

Notably, the Office of Attorney Ethics sought a six-month suspension, which the DRB rejected after surveying both New Jersey cases and sanctions imposed elsewhere. (Mike Frisch)