In re Lee

283 A.D.2d 24, 725 N.Y.S.2d 327, 2001 N.Y. App. Div. LEXIS 6267

This text of 283 A.D.2d 24 (In re Lee) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Lee, 283 A.D.2d 24, 725 N.Y.S.2d 327, 2001 N.Y. App. Div. LEXIS 6267 (N.Y. Ct. App. 2001).

Opinion

OPINION OF THE COURT

Per Curiam.

Respondent Philip Lee was admitted to the practice of law in the State of New York as Philip L. K. Lee by the First Judicial Department on February 14, 1978. Respondent was also admitted to the practice of law in the District of Columbia as Philip L. K. Lee on December 18, 1978, and there is no indication that he has maintained an office for the practice of law in New York.

On or about August 8, 1996, respondent pleaded guilty in the United States District Court for the Northern District of Georgia, Atlanta Division, to one count of conspiring to conceal the nature of monetary transactions of property derived from unlawful activity in violation of 18 USC § 1956 (h), a felony under the United States Code.1 The criminal information alleged that respondent was involved in a conspiracy to conceal drug money, which also involved “current and/or former officials of organizations known as the Hip Sing Tong Association and the Hung Mun Association.” Respondent was sentenced on January 7, 1997 to: 15 months imprisonment; three years of supervised release, including 200 hours of community service; a special assessment of $50; and restitution to the United States in the amount of $22,400.

By decision and order entered October 21, 1997 (Matter of Lee, 235 AD2d 110), this Court granted the Departmental Disciplinary Committee’s (the Committee) petition seeking an order determining that the crime of which respondent had been convicted constituted a “serious crime” as defined by Judiciary Law § 90 (4) (d), suspended respondent from the practice of law pursuant to Judiciary Law § 90 (4) (f), and directed him to show cause before the Committee why a final order of censure, suspension or disbarment should not be entered.

[26]*26Pursuant to this Court’s order, a Hearing Panel (the Panel) convened, and a hearing was held on October 7, 1998, at which time respondent appeared pro se and testified on his own behalf. In a report dated April 13, 2000, the Panel recommended that respondent be suspended for three years nunc pro tunc to his initial suspension, or the length of his supervised release, whichever was longer. The Committee moved for an order, pursuant to 22 NYCRR 603.4 (d) and 605.15 (e) (2), confirming the findings of fact and conclusions of law set forth in the report of the Panel. Respondent did not interpose a response and while that motion was pending, the District of Columbia issued an order disbarring respondent.2 As a result of the District of Columbia’s disbarment, and after a review of the record, this Court remanded the matter to the Panel in order to reconsider the recommended sanction. The Panel subsequently adhered to its prior recommendation, and the Committee now moves to confirm.

The underlying facts of this matter are not in dispute. Respondent developed a law practice consisting primarily of contract and immigration law, which included numerous transactions involving the sale of restaurants within the Chinese community. On May 25, 1995, respondent proceeded to a hotel room to borrow $30,000 from a Leonard Grossman, whom he did not know, on behalf of his client, a restaurant owner who purportedly was unable to obtain a bank loan due to a prior bankruptcy filing. Grossman, however, was a cooperating witness for the Federal Bureau of Investigation (FBI), which was conducting an investigation into illegal money laundering activities by two known Asian “Fraternal organizations.”

The transaction in the hotel room was captured on videotape, at the beginning of which Grossman explains that he knows people in South America who were in a “drug cartel” and that his role is to simply launder money through loans. Grossman goes on to state that:

“And after I retired from the practice of law, all they do for me now is they give me some cash, and my whole job is, it’s really pretty simple. I loan the money out and my main purpose is to convert it into check form. So it isn’t that important to me how much interest I make. It isn’t so much, but it’s [27]*27important to me to make careful loans. So that the money is laundered back to check point3 so I can put it into my checking account. So that’s my only concern.”

Grossman made additional remarks about his South American friends, their drug dealing activities and money laundering, but the Panel, apparently after reviewing the videotape, agreed with respondent that he was distracted on the phone and did not hear the latter comments that Grossman had made to a Mr. Tan, a former real estate partner of respondent’s, who had arranged the meeting with Grossman. Later during the transaction, while Tan and respondent were counting the $30,000 “loan,” Grossman referred to the fact that the money consisted of one hundred dollar bills because “they” sell only to distributors and “they get their money and it’s always been big bills.” Tan and Grossman then discussed a television story about “Columbians” involved in a big “drug bust.”

Respondent, after accepting the $30,000 in cash from Gross-man, forwarded checks to Grossman, by mail, on six different occasions as partial repayment of the loan. A criminal information ensued, and respondent was charged with, and pleaded guilty to, conspiring to engage in a monetary transaction in property believed to be derived from illegal drug trafficking.

Respondent testified at the initial disciplinary hearing that he was not familiar with the term or concept of money laundering at the time of the meeting with Grossman, an assertion which, in our view, borders on the incredible, but the Panel found that there were “sufficient unusual aspects of the transaction that it likely put respondent on notice that it was not above-board.” By way of example: Grossman made it clear that his principal purpose was to give out cash and secure checks in return; Grossman told Tan that he would lend him $20,000 and only require him to repay $17,000, with interest, because he did not want to go through the airport with so much cash; and Grossman suggested that respondent borrow the money himself, at a low interest rate, with no collateral, and he would not have to begin payments for two years. Respondent did concede at the hearing that he thought the cash was the product of illegal gambling.

The Panel noted, with regard to mitigation, that respondent had no disciplinary history, without taking note of the ongoing [28]*28disciplinary proceeding in the District of Columbia, and had submitted four character letters on his behalf. The Panel also acknowledged that early in the meeting, Grossman made a “passing reference” to the fact that he represented people in South America in a drug cartel, but then pointed out that respondent was on the phone when Grossman made several more references to working for drug dealers. The Panel recommended a three-year suspension dating back to respondent’s interim suspension, or the length of his supervised release, whichever was longer.

The Committee subsequently moved for an order, pursuant to 22 NYCRR 603.4 (d) and 605.15 (e), confirming the findings of fact and conclusions of law in the Panel’s report, and recommending that respondent be suspended for three years, nunc pro tunc to October 21, 1997, or the length of the supervised release, whichever is longer.

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Bluebook (online)
283 A.D.2d 24, 725 N.Y.S.2d 327, 2001 N.Y. App. Div. LEXIS 6267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lee-nyappdiv-2001.