Attorney Grievance v. Lefkowitz

463 Md. 165
Court of Appeals of Maryland·Decided March 29, 2019·No. 29ag/18·Published·Cited by 1 cases

Opinion

Attorney Grievance Commission of Maryland v. Jon A. Lefkowitz, Misc. Docket AG No. 29, September Term 2018. Opinion by Hotten, J.

ATTORNEY DISCIPLINE – RECIPROCAL DISCIPLINE – DISBARMENT The Court of Appeals disbarred Respondent, Jon A. Lefkowitz, who violated Maryland Attorneys’ Rules of Professional Conduct 19-308.4(a), (b), (c), and (d). These violations were based on Respondent’s conduct which resulted in his conviction of criminal facilitation in the fourth degree pursuant to New York Penal Law § 115.00(1). Respondent was suspended from the practice of law in the State of New York based on this conduct. The Court found clear and convincing evidence that Respondent’s conduct was an exceptional circumstance and warranted substantially different discipline in Maryland under Maryland Rule 19-737(e). The deceitful and dishonest nature of Respondent’s actions, as well as Respondent’s failure to show any level of remorse before the Court of Appeals, is prejudicial to the administration of justice and warrants disbarment rather than a reciprocal discipline of suspension as imposed by the State of New York.

Argued: March 1, 2019 IN THE COURT OF APPEALS

OF MARYLAND

Misc. Docket AG No. 29

September Term, 2018

ATTORNEY GRIEVANCE

COMMISSION OF MARYLAND

v.

JON A. LEFKOWITZ

Barbera, C.J.,

Greene,

McDonald,

Watts,

Hotten,

Getty,

Adkins, Sally D.,

(Senior Judge, Specially Assigned)

JJ.

Opinion by Hotten, J.

Filed: March 29, 2019

Pursuant to Maryland Uniform Electronic Legal Materials Act (§§ 10-1601 et seq. of the State Government Article) this document is authentic.

2019-08-20 11:15-04:00

Suzanne C. Johnson, Clerk

On October 25, 2018, the Attorney Grievance Commission of Maryland, acting through Bar Counsel (“Petitioner”), filed a Petition for Disciplinary or Remedial Action against Jon A. Lefkowitz (“Respondent”). The petition alleged that Respondent violated Maryland Attorneys’ Rules of Professional Conduct (“MARPC”) 19-308.4(a), (b), (c), and (d)1 based on conduct which resulted in his conviction of criminal facilitation in the fourth degree2 by the Appellate Division of the Supreme Court in the Second Judicial Department of New York. Respondent was suspended from the practice of law in New York for two- years as a result of this conduct.

In response to the Petition, and in accordance with Maryland Rule 19-737(c), this Court issued a Show Cause Order on October 26, 2018, directing Petitioner and Respondent to “show cause in writing based upon any grounds set forth in Maryland Rule 19-737(c) why corresponding discipline [or inactive status] should not be imposed.” Both Petitioner and Respondent timely responded to the Show Cause Order, and oral argument

1 Effective July 1, 2016, the Maryland Lawyers’ Rules of Professional Conduct (“MLRPC”) were renamed the Maryland Attorneys’ Rules of Professional Conduct (“MARPC”) and re-codified, without substantive change, in Title 19 of the Maryland Rules. Respondent’s misconduct occurred prior to the recodification. For purposes of consistency, and because the Rules are substantively the same, we refer to them as they are currently codified as MARPC throughout this opinion.

2 New York Penal Law § 115.00 provides in pertinent part:

A person is guilty of criminal facilitation in the fourth degree when, believing it probable that he is rendering aid:

1. to a person who intends to commit a crime, he engages in conduct which provides such person with means or opportunity for the commission thereof and which in fact aids such person to commit a felony[.]

before this Court took place on March 1, 2019. For the reasons outlined below, we order Respondent disbarred from the practice of law in the State of Maryland.

FACTUAL AND PROCEDURAL BACKGROUND Respondent was admitted to the New York State Bar on January 5, 1994 and the Maryland State Bar on July 6, 1994.3 On May 11, 2016, Respondent pled guilty before the Onondaga County Court of New York to one count of criminal facilitation in the fourth degree, N.Y. Penal Law § 115.00(1), and entered into a plea and cooperation agreement. In addition to pleading guilty, the agreement provided that: Respondent waive his right to appeal the guilty plea; Respondent acknowledge that his license to practice law may be negatively impacted; Respondent shall fully cooperate with any investigation conducted by the New York Office of the Attorney General (“OAG”); Respondent inform the OAG if he plans to travel outside of the tri-state (New York, New Jersey, Connecticut) area; and Respondent shall refrain from committing any other crimes. On May 12, 2017, Respondent was sentenced to a one-year conditional discharge.4 The conduct leading to Respondent’s guilty plea occurred in connection with a criminal case in which the State of New York prosecuted Respondent’s cousin and his cousin’s wife, Alexander March and Sima March respectively, for mortgage fraud. At the

Respondent maintains that he “do[es] not practice law in Maryland, and never did, 3

and probably never will.”

4 When a conditional discharge is issued, “the defendant shall be released with respect to the conviction for which the sentence is imposed without imprisonment or probation supervision but subject, during the period of conditional discharge, to such conditions as the court may determine.” N.Y. Penal Law § 65.05(2).

time, Mr. and Ms. March were in Canada, fighting extradition to New York. Mr. March secured Respondent’s assistance in seeking testimony from a witness in the mortgage fraud case who had provided grand jury testimony against Mr. and Ms. March. In Respondent’s response to this Court’s Show Cause Order, he explains that Mr. March asserted that the Attorney General of the State of New York inaccurately represented the witness’s testimony to the Canadian authorities, and that he wished to acquire and provide “the actual testimony and true facts to the Canadian Appellate Court[.]” In accordance with Mr. March’s request, Respondent obtained and prepared a subpoena template from the New York Unified Court System website.5 The subpoena, addressed to a Ms. Jacqueline Watkins, stated as follows:

WE COMMAND YOU, that all business and excuses being laid aside, answer the attached questionnaire, under oath, and return it to the Law Office of Jon Ari Lefkowitz PC, on or before the 17[th] day of January 2014.

***

Failure to comply with this subpoena is punishable as contempt of Court and shall make you liable to the person on whose behalf this subpoena was issued for a penalty not to exceed fifty dollars and all damages sustained by reason of your failure to comply.

WITNESS, Honorable Donald A. Greenwood, one of the judges of said Court at Syracuse, New York on the 15[th] day of Nov[.], 2013.

The subpoena was neither directed nor authorized by Judge Greenwood. Neither the Honorable Judge Greenwood’s signature, nor Respondent’s signature, appeared on the

5 The subpoena template and the accompanying instructions that were utilized by Respondent can be viewed at: https://www.nycourts.gov/courts/6jd/forms/SRForms/subpducestecum_instructwithsamp. pdf, archived at https://perma.cc/VA8D-XDYP.

subpoena. However, a signature line with Respondent’s name, address, and title as “Attorney for Sima March” below it, appeared in the bottom right corner of the form.

At his plea hearing before the County of Onondaga Court on May 11, 2016, Respondent admitted to the following:6

[O]n or about November 22, 2013, believing it probable that [he was]

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Attorney Grievance v. Lefkowitz, 463 Md. 165 (Md. 2019).

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