This case is being heard in the Appellate Division of the Supreme Court of the State of New York, First Department. The matter at hand deals with the attorney and respondent of the case, Eric Alan Klein. The petitioner in the case is the Departmental Disciplinary Committee for the First Judicial Department.
The respondent was admitted to the bar on the 7th of March, 1984. This occurred during a term of the Appellate Division of the Supreme Court in the Second Judicial Department. The respondent was admitted to the bar under the name of Eric Alan Klein.
The respondent was admitted to the bar on the 7th of March in 1984, which is relevant in this matter. The respondent has been practicing law since that time and has maintained an office within the First Judicial Department.
The respondent was found guilty on charges of conspiracy to commit wire fraud and two counts of wire fraud (white collar crime). This conviction occurred on the 8th of July, 2005 in a jury trial that was held in the United States District Court for the Southern District of New York. The crimes that he was found guilty of are both felonies.
The charge of wire fraud and conspiracy to commit wire fraud comes from a scheme that was devised by the respondent and a codefendant. The two received hundreds of thousands of dollars in advanced fees from businesses and individuals. The respondent would promise to proved assistance in obtaining funding for business projects, but they never provided this service.
On the 26 of October, 2005 the respondent was sentenced to a prison term of 51 months, three years of supervised release, and a money judgment of $819,779. The respondent partially satisfied the money judgment on the day he was sentenced by providing the government with a check in the amount of $625,000.
The Department Disciplinary Committee is seeking an order to determine the crimes that were committed by the respondent were serious crimes as defined by section 90 of Judiciary Law. If these crimes are considered serious crimes, the respondent should be immediately suspended from practicing law.
Judiciary Law defines a serious crime as any criminal offense that is considered a felony under the laws of any state, territory, or district in the United States.
In this case the respondent was convicted of wire fraud, which is considered a felony under the United States Code.
The petition that is made by the Department Disciplinary Committee should be granted. The respondent committed a felony crime, which constitutes his license to practice law being revoked in accordance to the law. The respondent is immediately suspended from practicing law. The respondent is directed to show why a final order for censure, suspension, or disbarment should not be entered against him.
The respondent is suspended from the practice of law in the State of New York from this date forward. A disciplinary hearing will be scheduled to determine the final outcome of his suspension.
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