Practice point: A federal felony conviction triggers automatic disbarment if the offense is essentially similar to a felony under New York law, pursuant to Judiciary Law § 90[4][e].
Practitioners should note that a conviction for bankruptcy fraud under 18 USC § 157, for knowingly and intentionally filing bankruptcy petitions in which an attorney fraudulently misrepresented and omitted material and substantial assets, is essentially similar to the New York felonies of offering a false instrument for filing in the first degree and perjury in the first degree, and, therefore, results in automatic disbarment.
Case: Matter of Yagman, NY Slip Op 00138 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Corporations.
