Matter of Felber
2019 NY Slip Op 1213
| N.Y. App. Div. | 2019Background
- Gregory Jason Felber, admitted to the Second Department in 2004, pleaded guilty in federal court on December 20, 2017, to conspiracy to commit wire fraud (18 U.S.C. §§ 1343, 1349).
- The plea allocution admitted his role as a settlement agent for Vanguard Funding, agreeing to divert mortgage loan funds from his attorney trust account to a Vanguard account, with a loss/gain of about $3.5 million and restitution in that amount.
- The Grievance Committee for the Tenth Judicial District moved to strike Felber’s name from the roll of attorneys (disbar) under Judiciary Law § 90(4) based on his federal felony conviction; alternatively it sought suspension for a serious crime.
- Felber was served with the motion but filed no opposition or request for additional time.
- The Court analyzed whether the federal offense is "essentially similar" to a New York felony (scheme to defraud in the first degree, Penal Law § 190.65) such that Judiciary Law § 90(4)(e) is satisfied.
- The Court concluded the federal conviction met the "essential similarity" standard and that, by operation of Judiciary Law § 90(4)(a), Felber was automatically disbarred effective December 20, 2017.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Felber's federal conviction is a felony within the meaning of Judiciary Law § 90(4)(e) (i.e., essentially similar to a NY felony) | Grievance Committee: Federal conspiracy to commit wire/bank fraud is essentially similar to NY scheme to defraud in the first degree (Penal Law § 190.65). | Felber: No papers filed in opposition; no argument presented. | The Court held the federal conviction is essentially similar to the NY felony and thus qualifies as a felony under Judiciary Law § 90(4)(e). |
| Whether the Court should strike Felber's name from the roll / disbar him under Judiciary Law § 90(4)(a) | Grievance Committee: Conviction requires automatic cessation of status as an attorney and motion to strike name from roll. | Felber: No opposition or mitigation submitted. | The Court granted the motion to strike and ordered Felber disbarred effective December 20, 2017; remaining relief (alternative suspension) denied. |
Key Cases Cited
- Matter of Margiotta, 60 N.Y.2d 147 (court may require "essential similarity" between out-of-state felony and NY felony)
- Matter of Woghin, 64 A.D.3d 5 (plea allocution may be considered to determine essential similarity)