Saturday, September 24, 2022

Disbarment Remains Possible In New Jersey

A "pump and dump" scheme led to a felony conviction and disbarment by the New Jersey Supreme Court.

The story is told in the report of the Disciplinary Review Board

In summary, respondent admitted that, for a five-year period spanning from 2013 through 2018, he conspired to commit securities fraud by (1) concealing Tobin’s ownership and control of various securities, and (2) employing paid promotional campaigns and manipulative trading techniques to artificially inflate the price and trading volume of those stocks to enable Tobin and others to secretly sell their shares at a substantial profit, thus, defrauding investors. The purpose of this conspiracy was for respondent, Tobin, and others to make a profit from the illegal stock sales and to conceal their actions from regulators, law enforcement, and investors.

Respondent pled guilty and cooperated in the criminal case but failed to advise the disciplinary authorities in New York and New Jersey about the conviction.

Rather New York

found, in aggravation, that, in November 2018, respondent applied for leave to resign for non-disciplinary reasons, a mere eight days prior to the filing of criminal charges against him – at which time, respondent had already been presented with a plea agreement from the United States – and he made no effort to advise of the federal criminal charges. Id. at 212. Indeed, the Supreme Court of New York learned of respondent’s criminal matter through its own investigation. Ibid. Accordingly, it concluded “that respondent’s actions were undertaken in a misguided attempt to avoid disclosing to [the Supreme] Court [of New York] and AGC that he was facing charges for his federal criminal activity, and [it found] that his deceptive behavior severely aggravate[d] his already serious conduct.” Id. at 212-213. As we note below, respondent was similarly deceptive in the course of his resignation in [New Jersey].

And New Jersey

In further aggravation, just as he did in New York, on November 29, 2018, respondent resigned, without prejudice, from the New Jersey bar, a mere two days prior to the filing of the information against him. At the time of his resignation in New Jersey, respondent already had been presented with a plea agreement from the federal government. Respondent executed that plea agreement prior to submitting his application to resign from the New Jersey bar, and he made no effort to advise the OAE of the federal criminal charges, in violation of R. 1:20-13(a)(1). Respondent’s deceptive behavior, whereby he attempted to conceal his criminal charges from the disciplinary authorities in two states, aggravated his already serious unethical conduct.

Sanction

...respondent’s misconduct involved all the aggravating factors enumerated by the Court in Goldberg and, thus, warrants his disbarment. Specifically, respondent’s misconduct was prolonged, spanning five years. He was motivated by greed, as evidenced by the profits generated from the fraud and his agreement to participate in the fraud in exchange for significant payment for his services. Most abhorrently, and as recognized by the sentencing judge, respondent’s misconduct was perpetrated with the use of his law license. Respondent intentionally abused both his position of trust and his status as an attorney.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2022/09/a-pump-and-dump-scheme-led-to-a-felony-conviction-and-disbarment-by-the-new-jersey-supreme-court-the-story-is-told-in-the-r.html

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