Thursday, March 11, 2010
The New York Appellate Division for the First Judicial Department accepted the resignation of an attorney and struck him from the rolls. The facts:
Respondent acknowledges that a disciplinary investigation was commenced against him in June 2009, while he was an associate at a law firm. Respondent admits that while handling cooperative and condominium closings for the firm, he and certain non-lawyers diverted a fictitious brokerage commission to which they were not entitled, from the firm's escrow account, to a company that he formed called Millenium 1851, and for whose account he was a signatory. Their intention was to share the money they had wrongfully obtained from the firm's client amongst themselves. When respondent's misconduct was discovered a few days after the closing, he made prompt restitution to the firm and resigned. Respondent further admits that, during the course of his employment with the firm, he wrongfully diverted additional funds totaling approximately $22,220 for which he has similarly made restitution. Finally, respondent acknowledges that if charges were predicated upon the misconduct under investigation, he could not successfully defend himself on the merits against such charges.