Voucher False Statements Draw Short Suspensions

A three-month suspension was imposed by the New York Appellate Division for the Fourth Judicial Department as a result of a practice-related conviction

On May 21, 2014, she was convicted upon her plea of guilty in Gates Town Court of offering a false instrument for filing in the second degree in violation of Penal Law § 175.30, a class A misdemeanor. The plea was entered in satisfaction of a felony complaint alleging that, from 2009 through 2011, respondent submitted to the New York State Unified Court System Attorneys for Children Program and the Monroe County Assigned Counsel Program several payment claim vouchers that contained false statements or false information. During the   Law § 175.30. In conjunction with the plea, respondent made restitution in the amount of $14,287, and the court sentenced her to an unconditional discharge.

 On sanction

In determining an appropriate sanction, we have considered in mitigation respondent’s expression of remorse, her otherwise unblemished record, and the numerous letters of support from colleagues and others attesting to her good character and standing in the community. We have additionally considered her statement that the conduct at issue in the   than fraudulent intent, and that it occurred at a time when she was experiencing heightened stress due to personal matters unrelated to her practice of law. However, we have considered in aggravation that, by virtue of her guilty plea, respondent has admitted that on one occasion she filed an assigned counsel voucher knowing that it contained a false statement or false information.

The case illustrates the profound difference between a felony and misdemeanor conviction for disciplinary purposes in New York.

 The court imposed the same sanction for a misdemeanor false voucher conviction

We have further considered respondent’s statement that the conduct at issue in the criminal proceeding arose from inattentiveness and negligent record keeping, rather than fraudulent intent. However, we have considered in aggravation that, by virtue of his guilty plea, respondent has admitted that on one occasion he filed an assigned counsel voucher knowing that it contained a false statement or false information

(Mike Frisch)