In the Matter of Marc Bruce Schram, an attorney and counselor-at-law. Attorney Registration No. 1904549
Maxfield Kearse, Brooklyn, NY (David W. Chandler of counsel),
for the Grievance Committee for the Second, Eleventh, and
Thirteenth Judicial Districts.
Bruce Schram, Hazlet, New Jersey, respondent pro se.
WILLIAM F. MASTRO, J.P. MARK C. DILLON JOHN M. LEVENTHAL
CHERYL E. CHAMBERS LEONARD B. AUSTIN, JJ.
OPINION & ORDER
respondent, Marc Bruce Schram, was admitted to the Bar at a
term of the Appellate Division of the Supreme Court in the
Second Judicial Department on March 7, 1984. By order to show
cause dated October 20, 2017, this Court directed the
respondent to show cause why discipline should or should not
be imposed on him in this State pursuant to 22 NYCRR 1240.13,
based on the misconduct underlying the discipline imposed by
an order of the Supreme Court of New Jersey, filed July 7,
order filed July 7, 2017, the Supreme Court of New Jersey
censured the respondent for violating New Jersey Rules of
Professional Conduct (hereinafter RPC) rule 8.4(b)
(commission of a criminal act that reflects adversely on the
lawyer's honesty, trustworthiness, or fitness as a
lawyer) (see Matter of Schram, 229 N.J. 519, 163
A.3d 874). The order was predicated on a Decision decided
January 23, 2017, of the Disciplinary Review Board
(hereinafter the DRB) of the Supreme Court of New Jersey, in
connection with Docket No. DRB 16198.
revealed in the DRB's decision, the New Jersey Office of
Attorney Ethics (hereinafter the OAE) and the respondent
executed a stipulation dated May 12, 2016. Pursuant to the
stipulation, the respondent admitted, inter alia, as follows:
On February 25, 2015, Arthur Alte IV, a TD Bank customer,
cashed a check for $1, 185.65 at the drive-up window of the
Hazlet, New Jersey, branch of TD Bank. Mr. Alte became
distracted while on his cell phone and left the drive-up
window without retrieving from the transaction tube the
bank envelope containing $1, 185.65 in cash and his
driver's license. A few minutes later, Mr. Alte
realized his error and returned to the bank, and saw the
transaction tube still sitting in place with a white
envelope inside. When he opened the envelope, he found his
driver's license and 65 cents. He immediately alerted
bank personnel about the missing $1, 185, and contacted
Hazlet police reviewed the bank's surveillance video for
the drive-up area, and observed the driver of a white BMW
automobile, the very next automobile to move through that
lane after Alte, taking cash out of the transaction tube,
counting it, and returning the envelope containing Alte's
driver's license and 65 cents. The driver of that vehicle
then drove away without conducting a transaction.
weeks later, on March 10, 2015, police received information
from TD Bank identifying the respondent as the driver of the
white BMW. The respondent had not returned the cash to TD
Bank. Once contacted by police, the respondent went to the
police station, cooperated fully with police, and admitted
having taken the $1, 185 on February 25, 2015. The respondent
explained that he "had a momentary lapse of reason,
'' made a bad decision, and took the money.
March 15, 2015, the respondent reported the matter to the
OAE, as required by N.J. Stat Ann Rule 1:20-13(a)(1).
Subsequently, on March 23, 2015, the Monmouth County
Prosecutor's Office notified the OAE of a pending
criminal charge against the respondent, specifically, theft
of mislaid property (NJ Stat Ann 2C:20-6), a third-degree
September 15, 2015, the respondent submitted his written
reply to the OAE grievance, wherein he acknowledged the
accuracy of the police report and the statements that he had
provided to police.
respondent was admitted into, and successfully completed, the
Pretrial Intervention Program (hereinafter the PTI), ...