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Commonwealth of Massachusetts

NO. BD-1994-056


S.J.C. Judgment of Disbarment entered by Justice Sosman on January 7, 2002.1


The respondent was transferred to disability inactive status in Massachusetts on April 19, 1995. See Matter of Freedman, 11 Mass. Att’y Disc. R. 82 (1995). On September 9, 1999, the respondent was convicted in the United States District Court for the Southern District of New York of conspiracy to make false statements and misuse of documents in violation of 18 U.S.C. § 371. He was fined $5,000 and sentenced to eighteen months’ imprisonment to be followed by three years of supervised release.

The conviction arose from the respondent’s conduct as a sole practitioner with a substantial immigration practice in New York City, New York. The respondent filed with the Immigration and Naturalization Service numerous applications for political asylum containing histories fabricated by the respondent or by his employees at his direction.

In mitigation, the respondent suffered from bipolar disorder at the time of the offenses. In aggravation, on November 22, 1994, the respondent was suspended for ninety days from representing persons charged with criminal offenses in the United States District Court for the Southern District of New York because he had entered into a contingent fee agreement in a criminal case and had submitted an altered document to the court. In addition, on March 9, 1995, the Appellate Division of the Supreme Court for the First Judicial Department of New York accepted the respondent’s resignation upon receipt of an affidavit of resignation in which the respondent admitted to thirty separate violations of the Code of Professional Responsibility involving neglect of client matters, failure to return unearned retainers, disclosing confidential information, and repeated instances of misrepresentation to clients and to the New York disciplinary committee.

On December 27, 1999, the respondent was removed from disability inactive status and was temporarily suspended from the practice of law in Massachusetts. On December 29, 1999, bar counsel filed a petition for discipline against the respondent. On August 13, 2001, the respondent filed an affidavit of resignation. Bar counsel requested a recommendation from the Board of Bar Overseers that the affidavit of resignation be accepted and an order of disbarment be entered effective December 27, 1999.

On October 15, 2001, the Board of Bar Overseers voted to recommend that the respondent’s affidavit of resignation be accepted and an order of disbarment be entered. On November 26, 2001, the board filed in the Supreme Judicial Court for Suffolk County its recommendation and the record of proceedings. On January 7, 2001, the Supreme Judicial Court for Suffolk County (Sosman, J.) entered a judgment of disbarment effective as of December 27, 1999.

1 The complete Order of the Court is available by contacting the Clerk of the Supreme Judicial Court for Suffolk County.

2 Compiled by the Board of Bar Overseers based on the record before the Court.

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