The Train To Greenwich Leads To Disbarment

A criminal conviction drew an order of automatic disbarment from the New York Appellate Division for the First Judicial Department

On March 19, 2024, in response to an indictment filed against him in the United States District Court for the Southern District of New York, respondent pled guilty to Attempted Enticement, in violation of 18 USC § 2422(b). On October 17, 2024, respondent was sentenced to a prison term of 120 months and 10 years of supervised release, a conviction that respondent did not report to the Attorney Grievance Committee (AGC) as required by Judiciary Law § 90(4)(c) and 22 NYCRR 1240.12(a).

The AGC now moves for an order striking respondent’s name from the roll of attorneys under Judiciary Law § 90(4)(b) and 22 NYCRR 1240.12(c)(1), on the ground that he has been convicted of a felony as defined by Judiciary Law § 90(4)(e), and has therefore been disbarred by operation of law.

Respondent has not answered the motion, despite the AGC’s service of the motion to respondent at his place of incarceration by first class mail with tracking and by certified mail, return receipt requested, in accordance with this Court’s March 26, 2025 order permitting substitute service pursuant to 22 NYCRR 1240.8(a).

Substantial similarity of New York state felony

Here, the AGC asserts that the federal felony of which respondent has been convicted is “essentially similar” to the New York class E felony of attempt to disseminate indecent material to minors in the first degree (see Penal Law §§ 110.00, 235.22).

Underlying facts

The indictment, plea and stipulated facts collectively establish that, by telephone and by a messaging and chat application and platform, respondent communicated with someone whom he believed to be a 14-year-old living in another state for the purpose of soliciting her agreement to engage in various sexual encounters, including sexual intercourse. Respondent requested sexually explicit photographs from the person, intended to record the encounters, and took steps to ensure that such encounter would occur, including securing a private location and using interstate commerce and ridesharing services to travel to the location and to provide transportation to the person.

The AGC argues, and we agree, that this establishes that respondent knowingly and willfully used computer-based communication systems to invite a minor to engage in sexual acts, actions that correspond to Penal Law §§ 110.00 and 235.22. The AGC has established that the federal felony of which respondent has been convicted corresponds to the elements of the New York felony of disseminating indecent material to minors in the first degree, and that the conduct underlying respondent’s conviction mirrors that for which we have disbarred other attorneys in relation to Penal Law § 235.22 (see Matter of Waxman, ___AD3d___, 2025 NY Slip Op 04220 [1st Dept 2025]; Matter of Heberling, 119 AD3d 90 [1st Dept 2014]; Matter of Genger, 79 AD3d 186 [1st Dept 4 2010]; Matter of Stark, 309 AD2d 4 [1st Dept 2003]). Respondent’s federal conviction therefore serves as an appropriate predicate for his automatic disbarment.

The offense was described in a press release from the United States Attorney’s Office for the Southern District of New York

Beginning on April 24, 2022, a detective with the Greenwich Police Department (“Detective-1”), who was posing as a 14-year-old girl named “Megan,” communicated via the social platform, Kik, with SUH.  During the communications, SUH identified himself as a 45-year-old Korean male living in New York City and indicated that he wanted to meet with “Megan” for the purpose of having sex.  Detective-1 told SUH that she was a 14-year-old female from Connecticut.

During their communications, SUH told Detective-1, among other things, that he “find[s] the age gap hot tbh” and “tbh on the down low I want a young submissive slut.”  He also told “Megan,” “I can destroy your pussy on the [weekend]” and asked “Megan” for some “slutty pics” that she could “delete after taking.”  SUH identified himself as a a New York attorney with an office in the Bronx, New York, and said he had been a lawyer since he was 26 years old.

During their communications, SUH made a plan to meet with “Megan” to engage in sexual activity with her.  He told “Megan” that he would take a train to Greenwich, Connecticut, use a ride service to pick “Megan” up at her house, and then they would travel together to a residence he would rent.  SUH said that “as soon as the doors close you’re sucking my dick,” “I’m going to keep drilling that little pussy,” and “we’ll record our own little porno, it’ll be fun.”  “Megan” gave SUH an address in Greenwich, Connecticut, and told him that she lived in an apartment located at that address.  “Megan” requested that SUH bring condoms, lollipops, and marijuana.

On May 27, 2022, SUH traveled to Greenwich, Connecticut, via a northbound Metro North train.  He went to the address provided by “Megan,” where he was arrested.  SUH’s briefcase contained a laptop computer, a thumb drive, sneakers, matches, marijuana, toiletries, clothing, an unopened package of lollipops, and six condoms.

(Mike Frisch)