Matter of Konigsberg, 132 A.D.3d 250

Grievance Committee moves to strike respondent for felony conviction; Konigsberg admitted to NY Bar in 1962 under name Paul Jay Konigsberg.
Respondent pleaded guilty in U.S. District Court (S.D.N.Y.) on June 23, 2014 to conspiracy to falsify books/records, falsify tax returns, and to obstruct IRS; plea included $4.4 million forfeiture.
Respondent notified Court of conviction and submitted an application to resign as a New York attorney.
Judiciary Law §90(4)(a) automatically disbars upon a felony conviction; §90(4)(e) defines felony inclusion, including federally classified felonies essentially similar to NY felonies (Margiotta principle).
Court may consider plea allocution to determine essential similarity; respondent admitted altering client trading statements and using amended statements to file tax returns.
Conviction deemed essentially similar to NY felony of offering a false instrument for filing; automatic disbarment as of June 23, 2014; motion to strike granted; resignation denied as academic.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the federal felony is essentially similar to a NY felony	Grievance Committee	Konigsberg	Yes; essentially similar, triggering automatic disbarment.

Matter of Margiotta, 60 NY2d 147 ((1964)) (defines essential similarity for federal felonies to NY felonies)
Matter of Goldner, 70 AD3d 236 ((2010)) (illustrates application of false-instrument concept)
Matter of Woghin, 64 AD3d 5 ((2009)) (permits consideration of plea allocution in similarity analysis)