Matter of Campos
150 A.D.3d 143
| N.Y. App. Div. | 2017Background
- Respondent Mario A. Campos, admitted to the NY bar in 2000, pleaded guilty on November 26, 2012, in federal court to conspiracy to commit wire fraud (18 U.S.C. § 1349).
- He was sentenced on December 15, 2014, to six months’ imprisonment, three years’ supervised release, a $100 assessment, restitution of $415,701 to the FHA, and a forfeiture money judgment of $11,675.
- Campos did not notify the New York Appellate Division of his felony conviction as required by Judiciary Law § 90(4)(c).
- The Grievance Committee for the Tenth Judicial District moved to strike his name from the roll of attorneys pursuant to Judiciary Law § 90(4)(b) and § 90(4)(a) (automatic disbarment upon felony conviction).
- The Committee argued the federal conspiracy-to-commit-wire-fraud conviction is essentially similar to New York’s scheme to defraud in the first degree (Penal Law § 190.65). Campos did not oppose the Committee’s motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Campos’s federal conviction qualifies as a felony under Judiciary Law § 90(4)(e) | Conviction for conspiracy to commit wire fraud is essentially similar to NY scheme to defraud in the first degree and thus a felony for disbarment purposes | (No position taken / did not oppose) | Court held the federal conviction is essentially similar and therefore a felony under Judiciary Law § 90(4)(e) |
| Whether conviction triggered automatic disbarment under Judiciary Law § 90(4)(a) | Automatic disbarment follows a qualifying felony conviction | (No position taken) | Court held Campos was automatically disbarred effective November 26, 2012 |
| Whether relief sought (striking name from roll) was appropriate | Move to strike name from roll under Judiciary Law § 90(4)(b) to reflect disbarment | (No position taken) | Motion granted: name stricken and disbarment ordered; other relief denied as academic |
| Whether Campos complied with notification requirement of Judiciary Law § 90(4)(c) | Committee noted there is no record of notice to the Court as required | (No position taken) | Court observed noncompliance but resolved disbarment on conviction grounds |
Key Cases Cited
- Matter of Margiotta, 60 N.Y.2d 147 (N.Y. 1983) (federal offense need not mirror a New York felony but must be essentially similar)
- Matter of Woghin, 64 A.D.3d 5 (App. Div. 2009) (court may consider the attorney’s plea allocution when assessing similarity)