Fear Of Gotti Hitman Leads To Sanction

Reciprocal discipline has been imposed by the New York Appellate Division for the First Judicial Department based on a federal court sanction

Respondent, whose career focused on capital defense litigation, ran a solo practice, taking on assigned counsel work, until she started working as an associate attorney for George Robert Goltzer, Esq. in 2018. This matter stems from respondent’s representation of John Burke—an alleged hitman for John Gotti, Jr., a member of the Gambino crime family—in his underlying criminal matter in the Eastern District (United States v Burke [ED NY Case No. 09-CR-135]) and his appeal to the Second Circuit, which affirmed his conviction (United States v Burke, 552 Fed Appx 60 [2d Cir 2014]). Burke was convicted of racketeering conspiracy, murder in aid of racketeering, murder in connection with a continuing criminal enterprise, and use of a firearm in relation to a crime of violence, for which he received multiple life sentences.

After the Second Circuit issued its decision affirming Burke’s conviction, respondent drafted a petition for certiorari to file in the Supreme Court of the United States. However, she mistakenly calculated the deadline based on the date that the court issued its decision, rather than the date of the judgment. Respondent eventually realized her mistake and sent Burke what she claimed was the Supreme Court’s denial of the petition but was in reality a forgery with a false docket number. Respondent explained that she did so because “she was terrified and feared retribution from Burke if he discovered that she had missed the certiorari deadline.” She was also dealing with significant personal issues at the time of her misconduct. She was the sole supporter of her family after her husband lost his job in 2010. Her parents had moved in with her due to their loss of employment, and her father later abandoned the family. Her sister, who was suffering from opioid addiction, had moved in with her as well. As a result, she was not only raising her own children, who have disabilities, but her nephew as well. Additionally, in 2015, due to financial pressure, the bank foreclosed on her home.

A disciplinary proceeding was conducted by the Second Circuit

By order dated October 22, 2024, the Second Circuit approved the Second Circuit Committee’s recommendation that respondent be disciplined by a two-year suspension, with the suspension commencing nunc pro tunc to July 9, 2019. The Second Circuit delayed the issuance of its October 22, 2024 order as a result of the COVID-19 pandemic. Respondent notified the Attorney Grievance Committee (AGC) of the Second Circuit’s order, as required by 22 NYCRR 1240.13 (d), on November 6, 2024.

Reciprocal discipline

the AGC’s motion should be granted and respondent suspended from the practice of law for a period of two years, nunc pro tunc to November 6, 2019, and until further order of this court

(Mike Frisch)