Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on March 27, 2012
Richard T. Andrias,Justice Presiding, David Friedman Rolando T. Acosta Dianne T. Renwick Leland G. DeGrasse,Justices.
Disciplinary proceedings instituted by the Departmental Disciplinary Committee for the First Judicial Department.
IN THE MATTER OF JOHN G. LYNCH, A SUSPENDED ATTORNEY
Respondent John Gregory Lynch was admitted to the practice of law in the State of New York by the First Judicial Department on August 6, 1974. At all times relevant herein, he maintained an office for the practice of law within the First Judicial Department.
On June 12, 2007, respondent pled guilty in Albany City Court to two misdemeanor counts of failure to file New York State personal income tax returns in violation of Tax Law § 1801(a). On August 27, 2007, respondent was sentenced on that plea to 45 days of home confinement, a conditional discharge, 40 hours of community service and a $10,000 fine.
On October 24, 2007, respondent pled guilty in the United States District Court for the District of New Jersey to count two of a two-count indictment by which he was charged with the felony of conspiracy to employ a prohibited person in violation of 18 USC § 371. Under this count, respondent was charged with permitting Jack Kramer to serve as a consultant to the welfare benefit plan of a labor organization even though he knew Kramer, a convicted embezzler, was legally prohibited from working with a labor organization or employee benefit plan. The plea covered the remaining count by which respondent was also charged with conspiracy to embezzle funds from the labor organization in violation of 29 USC § 501(c). On March 3, 2008, the District Court sentenced respondent to a prison term of 24 months, followed by a two-year term of supervised release, and ordered him to pay restitution in the amount of $296,000. On appeal, the Third Circuit affirmed the District Court's sentence enhancements but vacated the restitution order and remanded the matter with instructions to enter a new restitution order covering only $70,260 the amount actually paid to Kramer for consulting services and stipulated to in the plea agreement (United States v Lynch, 345 Fed Appx 798 [3rd Cir 2009]).
By decision entered September 18, 2008 (55 AD3d 213 ), this Court, upon the petition of the Departmental Disciplinary Committee (the Committee), (A) deemed the offense to which respondent pled guilty a "serious crime" under Judiciary Law § 90(4)(d) and 22 NYCRR 603.12, (B) suspended respondent from the practice of law pursuant to Judiciary Law § 90(4)(f) and (C) directed respondent to, within 90 days after his release from incarceration, show cause before a Referee appointed by this Court or a Hearing Panel ...