Matter of Gupta
123 A.D.3d 164
| N.Y. App. Div. | 2014Background
- Raghubir K. Gupta, admitted 1983, was convicted after a jury trial in S.D.N.Y. on April 7, 2008, of immigration fraud under 18 U.S.C. § 1546; sentenced October 26, 2009.
- This Court struck Gupta's name from the roll on June 8, 2010, based on automatic disbarment from a felony conviction; that order was vacated after the Second Circuit reversed the conviction on Sixth Amendment public-trial grounds.
- Following the reversal, this Court (March 8, 2013) vacated its earlier disbarment but denied reinstatement and suspended Gupta pending further proceedings; that suspension was stayed by the New York Court of Appeals pending application by the Grievance Committee.
- Gupta was retried in S.D.N.Y. (March 10–14, 2014) and convicted again of immigration fraud (18 U.S.C. § 1546) on March 14, 2014.
- The New York Court of Appeals dismissed Gupta’s appeal as moot because his conviction produced automatic disbarment on March 14, 2014.
- The Appellate Division granted the Grievance Committee’s motion to strike Gupta’s name from the roll effective March 14, 2014, ordering disbarment and directing compliance with disciplinary rules.
Issues
| Issue | Petitioner (Grievance Committee) Argument | Respondent (Gupta) Argument | Held |
|---|---|---|---|
| Whether a felony conviction in another jurisdiction mandates automatic disbarment under Judiciary Law § 90(4) | Conviction for 18 U.S.C. § 1546 is a felony analogous to NY Penal Law § 175.35 and triggers automatic disbarment | Disbarment premature because sentencing had not yet occurred at the time of motion | Guilty conviction on March 14, 2014, automatically disbarred Gupta effective that date; sentencing timing irrelevant |
| Whether the prior vacatur of conviction (on public-trial grounds) precludes disbarment after retrial conviction | After retrial conviction the automatic-disbarment rule applies regardless of prior procedural vacatur | Prior reversal argued to affect disciplinary status | Prior reversal did not prevent automatic disbarment once retrial conviction occurred |
| Whether the Grievance Committee’s amended petition remains necessary | Move to strike name based on automatic disbarment following felony conviction | Gupta contended procedural issues about timing and reinstatement | Amended petition deemed withdrawn as academic because automatic disbarment controls |
| Scope of court’s interim disciplinary authority after vacatur and before retrial | Court may suspend pending further proceedings based on underlying misconduct | Gupta sought reinstatement; argued suspension improper | Court previously suspended him; that suspension stayed by Court of Appeals; ultimate removal followed automatic disbarment after retrial conviction |
Key Cases Cited
- Matter of Margiotta, 60 N.Y.2d 147 (N.Y. 1983) (Judiciary Law § 90(4) provides automatic disbarment on felony conviction and defines cross-jurisdictional felony equivalence)
- United States v. Gupta, 699 F.3d 682 (2d Cir. 2012) (vacating original conviction because courtroom was closed during voir dire in violation of the Sixth Amendment)
- Matter of Mengfei Yu, 117 A.D.3d 143 (2d Dep’t 2014) (holding that 18 U.S.C. § 1546 is analogous to NY Penal Law § 175.35)
- Matter of Evans, 58 A.D.3d 164 (2d Dep’t 2008) (same analogy between federal immigration-fraud statute and NY Penal Law offense)