In the Matter of Fengling Liu, an attorney and counselor-at-law: Attorney Grievance Committee for the First Judicial Department, Petitioner, Fengling Liu, Respondent.
proceedings instituted by the Attorney Grievance Committee
for the First Judicial Department. Respondent, Fengling Liu,
was admitted to the Bar of the State of New York at a Term of
the Appellate Division of the Supreme Court for the Second
Judicial Department on January 12, 2000.
Dopico, Chief Attorney, Attorney Grievance Committee, New
York (Jun H. Lee, of counsel), for petitioner.
Respondent pro se.
Friedman, Justice Presiding, John W. Sweeny, Jr., Richard T.
Andrias, Judith J. Gische, Barbara R. Kapnick, Justices.
Fengling Liu was admitted to the practice of law in the State
of New York by the Second Judicial Department on January 12,
2000 . At all times relevant herein,
respondent maintained an office for the practice of law
within the First Judicial Department.
Attorney Grievance Committee (Committee)seeks an order,
pursuant to Judiciary Law § 90(4)(b) , disbarring
and striking respondent's name from the roll of attorneys
following her conviction for conspiracy to commit immigration
fraud, a felony. Respondent opposes the motion, and requests
that it be adjourned until after her release from prison. For
the reasons set forth below, we grant the Committee's
April 14, 2014, respondent was found guilty, after a jury
trial, in the United States District Court for the Southern
District of New York, of conspiracy to commit immigration
fraud in violation of 18 USC § 371, a felony. Respondent
was sentenced to 60 months imprisonment, followed by three
years of supervised release, fined $12, 500, and a forfeiture
money judgment of $7, 245, 000 was imposed against her
jointly and severally with her codefendants.
conviction arises from her participation in a scheme that
involved the submission of hundreds of fraudulent asylum
applications to federal immigration authorities on behalf of
Chinese aliens by two Chinatown law firms operated by
respondent. Respondent initially operated a law firm under
the name of Law Offices of Feng Ling Liu. Later, she changed
the name of the law firm to Moslemi and Associates, Inc.
Respondent and her co-conspirators created and submitted
asylum applications containing false stories of persecution
purportedly suffered by alien applicants. 
October 2014, the Committee moved to strike respondent's
name from the roll of attorneys, on the grounds that she was
convicted of a felony as defined by Judiciary Law §
90(4)(e), namely, conspiracy to commit immigration fraud, and
had therefore been automatically disbarred. This Court denied
the motion, with leave to renew upon further explication of
the record, because the evidence submitted by the Committee
in support of its motion, consisting of the federal
indictment, failed to establish that the conduct for which
respondent was convicted was essentially similar to the New
York felony offense of offering a false statement for filing
in the first degree.
motion dated February 21, 2017, the Committee, pursuant to
Judiciary Law § 90(4)(b), again seeks an order striking
respondent's name from the roll of attorneys.
Law §§ 90(4)(a) and (b) provide for the automatic
disbarment of an attorney upon their conviction of a felony
"(a) Any person being an attorney and counsellor-at-law
who shall be convicted of a felony as defined in paragraph e
of this subdivision, shall upon such conviction, cease to be
an attorney and counsellor-at-law, or to be competent to
practice law as such."
"(b) Whenever any attorney and counsellor-at-law shall
be convicted of a felony as defined in paragraph e of this
subdivision, there may be presented to the appellate division
of the supreme court a certified or exemplified copy of the
judgment of such conviction, and thereupon the name of the
person so convicted ...