August 28, 2008
Computer Fraud Conviction Leads To Reciprocal Disbarment
The New York Appellate Division for the Third Judicial Department imposed reciprocal disbarment based on the permanent disbarment of the attorney in Louisiana. The attorney had been found to have engaged in a number of acts of misconduct, but the disbarment was based on his federal conviction for computer fraud. As the Louisiana Supreme Court had found:
According to the factual basis for respondent's guilty plea, respondent was employed as an Assistant City Attorney for the City of New Orleans for approximately twelve years, the last eight of which he was assigned to Section "C" of Traffic Court, where he prosecuted individuals who had been issued traffic citations within the City of New Orleans by various law enforcement agencies. From March 11, 2004 to April 8, 2004, respondent met with an undercover FBI agent whom respondent believed to be a taxi driver who wanted to resolve several outstanding traffic citations. Respondent accepted $1,000 in cash from the man and, in return, agreed to nolle prosequi the traffic citations in question. This exchange was audio and video recorded and under the surveillance of FBI agents. Respondent subsequently did dismiss the traffic citations, and provided to the FBI agent written confirmation of that fact....
On two separate occasions, respondent accepted $500 bribes in exchange for dismissing a case in Traffic Court, where he served as the prosecutor. We cannot and will not condone conduct by an attorney that is so plainly calculated to frustrate the administration of justice.
Note that the New York disbarment does not indicate that the sanction is permanent, although I rather doubt that he will be welcomed to New York practice in the future. (Mike Frisch)
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Thank you for your information.
Posted by: Pitter | Sep 11, 2008 2:21:41 AM