Usury List

The New York Appellate Division for the First Judicial Department accepted a joint motion to censure an attorney

On April 24, 2023, in the Criminal Court of the City of New York, respondent was convicted, upon his plea of guilty, of Possession of Usurious Loan Records, a class A misdemeanor (Penal Law § 190.45). That same day respondent was sentenced to a one-year conditional discharge and $1,000 fine. The conviction stemmed from respondent’s involvement in a usurious loan operation, and in particular, respondent’s possession of a document containing a list of individuals and the amounts of money each owed.

Sanction

The parties agree that public censure is appropriate discipline in light of the facts, mitigating factors, and caselaw (see e.g., Matter of Barrera, 219 AD3d 67 [1st Dept 2023] [attorney convicted of petit larceny, a class A misdemeanor, was disciplined by public censure considering the attorney’s acceptance of responsibility and unblemished disciplinary history]; Matter of Samuel, 103 AD3d 134 [1st Dept 2013] [attorney convicted of criminal contempt in the second degree was disciplined by public censure considering the attorney misapprehended the law, cooperated with the DA’s office, took responsibility, and did not profit from his actions]; Matter of Molina, 88 AD3d 363 [1st Dept 2011] [attorney employed at the New York State Department of Taxation and Finance convicted of official misconduct, a class A misdemeanor, for accessing confidential tax records of a company for use in a private client’s civil suit was disciplined by public censure considering his acceptance of responsibility and cooperation with the AGC]).

Accordingly, the parties’ joint motion should be granted, and public censure should be imposed.

(Mike Frisch)