Matter of Giannakos
2017 NY Slip Op 8666
| N.Y. App. Div. | 2017Background
- Constantine C. Giannakos, admitted to the NY bar in 2000, pled guilty on August 21, 2012 in SDNY to one count conspiracy to commit wire and bank fraud (18 U.S.C. § 1349), two counts of wire fraud (18 U.S.C. §§ 2, 1343), and one count of bank fraud (18 U.S.C. §§ 2, 1344).
- Sentenced March 15, 2016 to three years probation (concurrent) and a $400 fine in the federal case.
- The Grievance Committee moved under Judiciary Law § 90(4)(b) to strike Giannakos’s name from the roll of attorneys based on his felony conviction.
- Giannakos was served with the motion but submitted no opposition or request for additional time.
- The committee argued a federal felony essentially similar to a New York felony triggers automatic disbarment under Judiciary Law § 90(4); specifically, federal bank fraud is essentially similar to New York grand larceny in the second degree and scheme to defraud in the first degree.
- The Appellate Division granted the motion and ordered disbarment effective August 21, 2012, with related compliance and cessation-of-practice directives.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether respondent should be struck from the roll/disbarred for a federal felony conviction | Conviction of federal bank/wire fraud is essentially similar to NY felonies and triggers automatic disbarment under Judiciary Law § 90(4) | (No opposition filed) | Granted: respondent automatically disbarred effective date of conviction and name stricken from the roll |
| Whether federal bank fraud qualifies as essentially similar to NY felonies for § 90(4) purposes | Bank fraud (18 U.S.C. § 1344) is essentially similar to NY grand larceny 2nd and scheme to defraud 1st | (No opposition filed) | Court accepted prior authorities holding federal bank fraud essentially similar to those NY felonies |
| Whether respondent’s failure to oppose affects relief | Motion served; no opposition — supports granting unopposed relief | (No opposition filed) | Court granted motion as unopposed and on legal grounds of automatic disbarment |
| Scope of remedial orders following disbarment | Committee sought statutory remedies (strike name, compliance orders, desist-and-refrain commands) | (No opposition filed) | Court ordered name stricken, disbarment effective Aug 21, 2012, compliance with 22 NYCRR 1240.15, and desist-and-refrain injunctions |
Key Cases Cited
- Matter of Margiotta, 60 N.Y.2d 147 (1983) (interpreting Judiciary Law § 90(4) to disbar on out-of-state or federal felonies essentially similar to NY felonies)
- Matter of Berkowsky, 127 A.D.3d 175 (2015) (holding federal bank fraud essentially similar to NY grand larceny in the second degree and scheme to defraud in the first degree)
- Matter of Rabinowitz, 109 A.D.3d 348 (2013) (recognizing federal bank fraud as essentially similar to comparable NY offenses for disbarment)
- Matter of Mavashev, 86 A.D.3d 297 (2011) (same conclusion regarding essential similarity of federal bank fraud to NY felonies)