Thursday, February 3, 2011
The New Jersey Supreme Court adopted the recommendation of its Disciplinary Review Board and imposed a three-year prospective suspension of an attorney convicted of mail fraud and health care fraud. He was caught in dealings with a fake physical therapy and rehabilitiation center run by the FBI. The procedural circumstances of the discipline imposed here are somewhat unusual.
After the attorney was indicted, he submitted a resignation without prejudice from the New Jersey Bar. He truthfully averred that there were no pending disciplinary proceedings but failed to disclose (as required) the pending criminal charges. The resignation was accepted.
Disciplinary proceedings were brought in Pennsylvania and resulted in a three-year suspension retroactive to his temporary suspension for the conviction. When proceedings were brought in New Jersey, the attorney denied that he intended to deceive by his resignation and stated that he wished to avoid duplicative bar actions.
The court revoked the resignation and imposed suspension. (Mike Frisch)