Friday, May 20, 2022

Resigned with Restitution

An attorney's resignation was accepted by the New York Appellate Division for the First Judicial Department

Respondent acknowledges that he is currently the subject of an investigation by the Attorney Grievance Committee (Committee) involving allegations that he committed certain acts of professional misconduct, namely misappropriating escrow funds in two separate client matters involving real estate transactions. Specifically, in one matter, he is alleged to have misappropriated $370,000 from the law firm of Rosenberg & Estis, P.C., and in the other matter he is alleged to have misappropriated $159,000 from his former client. Respondent asserts that he has made partial restitution for both matters: $75,000 to Rosenberg & Estis, P.C. and $80,000 to his former client.

Respondent attests that he cannot successfully defend against the allegations based upon the facts and circumstances of his professional conduct as described herein. Respondent attests that his resignation is freely and voluntarily rendered, without coercion or duress by anyone, and with full awareness of the consequences, including that the Court's acceptance and approval shall result in the entry of an order of disbarment striking his name from the roll of attorneys and counselors-at-law.

Respondent consents to the entry of an order by the Court, pursuant to Judiciary Law ยง 90(6-a), directing him to make restitution to the law firm of Rosenberg & Estis, P.C. in the amount of $295,000 and to his former client in the amount of $79,000.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2022/05/an-attorneys-resignation-was-accepted-by-the-new-york-appellate-division-for-the-first-judicial-department-respondent-acknow.html

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