Matter of Tsirlina
127 A.D.3d 1
| N.Y. App. Div. | 2015Background
- Anna Tsirlina, admitted to the NY bar in 2001, was convicted on February 28, 2014, in the U.S. District Court (E.D.N.Y.) after a jury trial of conspiracy to commit visa fraud (18 U.S.C. § 371) and ten counts of visa fraud (18 U.S.C. § 1546(a)).
- She was sentenced on July 25, 2014, to two years’ imprisonment (concurrent on each count), three years’ supervised release, and a $1,000 special assessment.
- The superseding indictment alleged a scheme (2005–2012) in which Tsirlina and others prepared and submitted false documents and charged clients fees to fraudulently obtain H-1B and other employment-based visas.
- The Grievance Committee moved to strike Tsirlina’s name from the roll of attorneys pursuant to Judiciary Law § 90(4) based on her felony conviction; Tsirlina did not respond to the motion.
- The court applied the automatic-disbarment provision of Judiciary Law § 90(4)(a), finding the federal visa-fraud felony essentially similar to NY Penal Law false-instrument offenses, and ordered that Tsirlina be disbarred effective February 28, 2014, with attendant obligations to cease practicing and comply with 22 NYCRR 691.10.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the respondent’s federal conviction constitutes a felony for purposes of automatic disbarment under Judiciary Law § 90(4) | Grievance Committee: Federal visa-fraud convictions are felonies and are essentially similar to NY offenses meriting automatic disbarment | Tsirlina: No response to the motion | Court: Yes; federal visa-fraud is essentially similar to NY false-instrument felony and triggers automatic disbarment under § 90(4) |
| Whether the court should strike the respondent’s name from the roll and impose disbarment-related obligations | Grievance Committee: Move to strike name and enter orders enforcing cessation and compliance with disbarment rules | Tsirlina: Did not contest or present opposing argument | Court: Granted motion; ordered name stricken effective Feb. 28, 2014, and imposed the standard cessation and compliance directives |
Key Cases Cited
- Matter of Margiotta, 60 N.Y.2d 147 (Court of Appeals) (describes Judiciary Law § 90(4) automatic-disbarment rule and cross-jurisdictional felony equivalency test)
- Matter of Mengfei Yu, 117 A.D.3d 143 (App. Div.) (federal visa-fraud held essentially similar to NY false-instrument offense)
- Matter of Archer, 86 A.D.3d 131 (App. Div.) (same principle regarding federal visa-fraud and NY false-instrument statute)
- Matter of Evans, 58 A.D.3d 164 (App. Div.) (same)