Former Netflix VP Disbarred

An attorney who did not contest the recommendation of the Board on Professional Responsibility has been disbarred by the District of Columbia Court of Appeals

Under D.C. Bar R. XI, § 9(h)(2), “if no exceptions are filed to the Board’s report, the [c]ourt will enter an order imposing the discipline recommended by the Board upon the expiration of the time permitted for filing exceptions.” See also In re Viehe, 762 A.2d 542, 543 (D.C. 2000) (“When . . . there are no exceptions to the Board’s report and recommendation, our deferential standard of review becomes even more deferential.”). Because no exceptions have been filed, disbarment is the appropriate sanction for flagrant dishonesty, and respondent did not carry his burden to establish the requirements for Kersey mitigation, we accept the recommendation that respondent be disbarred.

A footnote on mitigation

See In re Schuman, 251 A.3d 1044, 1055 (D.C. 2021) (“In order to qualify for a reduced sanction under the Kersey doctrine, an attorney must demonstrate (1) by clear and convincing evidence that he had a disability; (2) by a preponderance of the evidence that the disability substantially affected his misconduct; and (3) by clear and convincing evidence that he has been substantially rehabilitated.” (internal quotation marks omitted)).

We had previously reported that 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 misconduct

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.

(Mike Frisch)