Opinion
July 9, 2001
MOTION by the Grievance Committee for the Ninth Judicial District to strike the respondent's name from the roll of attorneys and counselors-at-law, pursuant to Judiciary Law § 90(4)(b), upon a finding that he has been convicted of a criminal offense classified as a felony under the laws of New York State. The respondent was admitted to Bar on March 15, 1995, at a term of the Appellate Division of the Supreme Court in the Second Judicial Department, under the name Robert Churchill Schuster.
Gary L. Casella, White Plains, N.Y. (Forrest Strauss of counsel), for petitioner.
Robert C. Schuster, Rye Brook, N.Y., respondent pro se.
Before: LAWRENCE J. BRACKEN, P.J., CORNELIUS J. O'BRIEN, DAVID S. RITTER, FRED T. SANTUCCI, MYRIAM J. ALTMAN, JJ.
OPINION ORDER
On February 2, 2001, the respondent pleaded guilty in the United States District Court for the Southern District of New York to securities fraud, in violation of 15 U.S.C. § 78j(b) and 78ff and 17 C.F.R. § 240.10b-5, and commercial bribery, in violation of 18 U.S.C. § 1952(a)(3), both of which are Federal felonies. He was sentenced by the same court on March 22, 2001, to three years' probation with six months home confinement and a $1,000 fine.
The Federal crime of securities fraud, in violation of 15 U.S.C. § 78j(b) and 78ff and 17 C.F.R. § 240.10b-5, is essentially similar to the New York felonies found in General Business Law § 352-c(5) and (6) ( see, Matter of Rosoff, 274 A.D.2d 241; Matter of Bellen, 183 A.D.2d 149; Matter of Reich, 128 A.D.2d 329).
Pursuant to Judiciary Law § 90(4), the respondent ceased to be an attorney and counselor-at-law upon his conviction of a felony. Accordingly, he is disbarred and his name is stricken from the roll of attorneys and counselors-at-law, effective immediately.
BRACKEN, P.J., O'BRIEN, RITTER, SANTUCCI and ALTMAN, JJ., concur.
ORDERED that pursuant to Judiciary Law § 90, effective immediately, the respondent, Robert C. Schuster, is disbarred and his name is stricken from the roll of attorneys and counselors-at-law; and it is further,
ORDERED that the respondent shall comply with this court's rules governing the conduct of disbarred, suspended, and resigned attorneys ( see, 22 NYCRR 691.10); and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Robert C. Schuster is commanded to desist and refrain from (1) practicing law in any form, either as principal or as agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding himself out in any way as an attorney and counselor-at-law.