Sunday, March 04, 2007

It's "Deja Vu All Over Again!", More New York Attorneys In Hot Water

Before I start this post, I want to acknowledge that there is not even a remote connection between these stories and real estate in general, much less home equity theft in particular. And all suspects in criminal proceedings are presumed innocent until found guilty by a jury in a court of law (or unless they plea bargain the case out).
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However, as Head Blogmaster, and since today is Sunday and nobody comes by on Sundays anyway, I can't help myself but to choose to exercise a little "editorial license" and post this blog entry anyway (special thanks to #8, Yankee great Yogi Berra for coining such a great line that I felt compelled to borrow for the title to this post, and one more thing, will somebody (preferably someone with a little political influence) in the great state of New York please give the New York State Bar Association a "wake up call"?). Now, on to the post.

DA Hynes Announces Indictment

On Friday, Brooklyn District Attorney Charles Hynes announced the indictment of attorney Moses Osayamwen on charges that he stole $15,000 from a client he represented in a personal injury matter, according to an online article on EmpireStateNews.net.

As a result of injuries received in a car accident, attorney Osayamwen obtained a $34,000 settlement on behalf of his injured client from the driver’s insurance company. The indictment reportedly charges that attorney Osayamwen kept the money, while leading his client to believe the settled suit was still pending. The check from the insurance company was made out to both Osayamwen and his client. Osayamwen allegedly forged his client's name on the check in order to access the funds.

For more, see Civil defense attorney indicted.

Judicial Commission Recommends Censure

In another story about a New York attorney who also happens to be a judge (and completely unrelated to this blog), the New York State Commission on Judicial Conduct has determined that Cathryn Doyle, a judge of the Surrogate’s Court, Albany County, should be censured, according to another online article on EmpireStateNews.net.

In connection with an investigation that the Commission was conducting, they found that Judge Doyle gave testimony that showed “a lack of candor”, “repeatedly minimized and distorted” her knowledge of the matter being investigated, and
  • "[f]ound that the judge engaged in misconduct by giving “shifting and evasive” responses to questions, which “violated her duty to be forthright and cooperative.” The Commission stated: “In our view, a judge’s obligation to testify truthfully and forthrightly…is not satisfied by responses that are ‘overly technical,’ incomplete or otherwise misleading.”"
Interestingly, however, the recommendation of the Commission's Administrator that the judge be removed from office was rejected by the Commission, citing a mitigating factor that is set forth in the article.

For more, see Judge should be censured, says state commission.
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