102 A.D.3d 23
N.Y. App. Div.2012Background
- Respondent Earl S. David was admitted to the New York bar in 1988 and operated from a Manhattan office during 1996–2009.
- In 2004, this Court suspended him for 15 months for participation in securities fraud, bribery, and money laundering and granted immunity in exchange for cooperation.
- In 2011, David and 11 co-defendants were charged in SDNY with immigration fraud, false statements to authorities, mail/wire fraud, and money laundering.
- In 2012, David pled guilty to conspiracy to commit immigration fraud and conspiracy to commit mail and wire fraud; he admitted filing over 100 false immigration documents and faced substantial potential federal penalties.
- The Departmental Disciplinary Committee seeks disbarment under Judiciary Law § 90(4)(b), arguing the conviction is essentially similar to a NY felony; the court grants the petition nunc pro tunc to April 2, 2012.
- Respondent is disbarred and his name is stricken nunc pro tunc to April 2, 2012.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the federal conviction justifies automatic disbarment | David argues automatic disbarment is warranted | David contends the federal plea does not convert to NY felony disbarment | Disbarment granted; conviction deemed essentially similar to NY felony |
| Whether timing of the petition supports nunc pro tunc relief | DCD argues timely based on guilty plea/plea-based elements | David notes sentencing pending | Petition properly based on guilty plea; nunc pro tunc entry appropriate |
| Whether the plea and conduct justify disbarment despite lack of sentencing | Disbarment appropriate given admission of false filings | Delay in sentencing does not negate eligibility | Disbarment affirmed; conduct satisfies § 90(4)(b) standard |
Key Cases Cited
- Matter of Porges, 297 AD2d 1 (1st Dept 2002) (federal conviction relating to false filings supports disbarment)
- Matter of Amsterdam, 26 AD3d 94 (1st Dept 2005) (plea admissions establish elements of false filing and support disbarment)
- Matter of Cutillo, 86 AD3d 1 (1st Dept 2011) (timing of strike based on guilty plea or verdict)