This matter deals with David A. Appell, who is an attorney and the respondent in the case. The petitioner in the matter is the Departmental Disciplinary Committee for the First Judicial Department. The case is being heard in the Appellate Division of the Supreme Court of the State of New York, First Department.
This is a disciplinary proceeding that has been instituted by the Departmental Disciplinary Committee for the First Judicial Department.
Case Background
A New York Criminal Lawyer said the respondent in this case, David A. Appell was admitted to the bar in the state of New York on the 14th of January, 1991. The respondent maintained his legal practice in Manhattan, but recently moved his practice to Blauvelt, New York.
On the 12th of October in 2004, the respondent pleaded guilty to an indictment that was filed in the United States District Court for the Southern District of New York. He was charged with perjury, which is a felony charge, as a result of his sworn testimony in front of the Securities and Exchange Commission that was false. This offense occurred in November of 2002.
In addition, the respondent pleaded guilty to six counts of information that was filed in the United States District Court for the Southern District of New York. These counts charged him with conspiracy to commit securities fraud, and wire fraud (white collar crime). All of these counts are in violation of 14 USC sections 77.
The Departmental Disciplinary Committee is now seeking an order that strikes the respondents name from the roll of attorneys. A Long Island Criminal Lawyer said this is pursuant to the Judiciary Law sections 90. The ground for this order is that the respondent committed and pleaded guilty to a federal criminal offense, perjury. In the state of New York, perjury is considered to be a federal offense and for this reason is a proper predicate for the automatic disbarment of the respondent.
Case Discussion and Decision
The counsel for the respondent was served with a petition to appear in court, but there has been no response submitted in the matter.
In the state of New York automatic disbarment cases are shown when an attorney commits a crime that is a federal felony. In this case the respondent committed more than one federal felony and pleaded guilty to them all. It is considered that the conviction for perjury in any case is proper predicate for disbarment. In addition, the other crimes committed by the defendant are also grounds for disbarment.
After the respondent was convicted of a felony he ceased practicing as an attorney. The committee’s petition in this matter to strike the respondents name from the list of New York attorneys and counselors at law should be grated as pursuant to the Judiciary Law section 90.
The respondents name will be stricken from the roll of attorneys and counselors at law in the State of New York. The respondent is no longer legally allowed to practice law in the state of New York.
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