The Costs Of Inflation

A criminal conviction drew automatic disbarment from the New York Appellate Division for the Second Judicial Department

The respondent admitted to engaging in a fraudulent scheme between in or about 2015 and in or about August 2017. Specifically, the respondent became aware that his clients were undergoing unnecessary medical procedures to falsely inflate the value of the settlements and improperly settled the cases with the insurance companies in the gross amount of $1,486,000. Therefore, the elements of Penal Law § 190.65(1)(b) were satisfied when the respondent engaged in a systematic ongoing course of conduct with intent to defraud more than one insurance company or to obtain property from more than one insurance company by falsely inflating the value of the settlement knowing that the medical procedures were not necessary, and so obtained funds with a value in excess of $1,000, from one or more such persons.

In response to the Grievance Committee’s motion, the respondent’s counsel has advised this Court that the respondent does not oppose the motion.

Under the circumstances of this case, we conclude that the respondent’s conviction of conspiracy to commit wire fraud, in violation of 18 USC § 371, is essentially similar to the New York felony of scheme to defraud in the first degree, in violation of Penal Law § 190.65, a class E felony. By virtue of his federal felony conviction, the respondent was automatically disbarred and ceased to be an attorney pursuant to Judiciary Law § 90(4)(a).