This case deals with a matter concerning the attorney and counselor at law, Cheddi B. Goberdhan. The petitioner in the matter is the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts. Cheddi B. Goberdhan is the respondent. The case is being heard in the Supreme Court of the State of New York, Appellate Division; Second Judicial Department. A. Gail Prudenti, P.J. , William F. Mastro, Peter B. Skelos, Reinaldo E. Rivera, and Leonard B. Austin, JJ are the judges hearing the case.
Case Background
A New York Criminal Lawyer said the Grievance Committee from the Second, Eleventh, and Thirteenth Judicial Districts has motioned for the name of the respondent to be taken off the roll of attorneys and counselors at law. The reason for this motion is that the respondent was convicted of a felony, which is in violation of Judiciary Law Section 904.
The respondent, Cheddi Bassant Goberdhan was admitted to the bar on the 30th of June, 1993 during a term of the Appellate Division of the Supreme Court in the Second Judicial Department.
Court Opinion
On the tenth of January, 2011, the respondent pleaded guilty to a conspiracy to commit bank fraud and wire fraud. This guilty plea took place in the United States District Court for the Southern District of New York in front of the Honorable Shira A. Sheindlin.
On the 7th of June, 2011, the respondent was sentenced to five years in prison. He was also directed to pay restitutions in the amount of $900,000 and to forfeit $57,430.
The indictment and plea minutes from the case show that the respondent’s convictions were based on the role he played in a mortgage fraud scheme. The scheme went on from 2005 through October of 2007. It was alleged that the respondent, along with several others, prepared and submitted applications and documents for home mortgage loans that contained false and misleading information. This information was used to induce lenders to make loans that they would not have otherwise made. The total amount of the loans was over $23 million.
The respondent stated during his trial that he had the lending institutions wire the money to an IOLA account. A Westchester County Criminal Lawyer said he would then distribute the money to the other members of the conspiracy. He admitted that he knew the funds that he received were based on false representations and he knew what he was doing was wrong.
Court Order
When the respondent was charged with a felony, he was automatically disbarred according to the Judiciary Law Section 90.
The respondent was served with a copy of this motion, but he did not submit a response and he did not request additional time to put together a response in the matter.
The motion by the Grievance Committee from the Second, Eleventh, and Thirteenth Judicial Districts is granted. The respondents name will be struck from the roll of attorneys and counselors at law. This reflects the disbarment of the respondent that occurred on the 10th of January, 2011.
It is also ordered that the respondent, Cheddi B. Goberdhan will comply with the rulings of the court that govern the suspended, disbarred, and resigned attorneys. It is also ordered that the responded will cease to practice law in any form and will not appear as an attorney or counselor at law before any judge, court, Justice, or board.
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