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Thursday, June 3, 2010

Sex-for-Representation Lawyer Suspended for 6 Months

Panel slaps perv lawyer
The New York Post by DAREH GREGORIAN - June 3, 2010

An elderly lawyer has been suspended for six months for sexual misconduct with one of his clients. The state Appellate Division found that Allen Isaac, 76, had made "unwelcome sexual advances" to a client he propositioned for oral sex. The client, Luisa Esposito, got Isaac to 'fess up -- while secretly recording him -- to having groped her and asking her to service him in return for his work on a personal-injury case. On one of the tapes, which Esposito posted on YouTube, he said all he wanted was "30 seconds of pleasure." Isaac said that at the time, he "believed the touching was consensual." The state disciplinary committee recommended he be disbarred, but the panel of five appellate judges slapped him with a six-month suspension, citing his "age and his long and unblemished record practicing law."


The New York Law Journal:

76-Year-Old Lawyer Suspended for 6 Months for Sexual Misconduct
Attorney's age and 'long and unblemished record practicing law' cited as factors in setting suspension length
The New York Law Journal by Nate Raymond - June 2, 2010

A personal injury lawyer who was caught on tape making unwelcome sexual advances to a client has been suspended from practicing law for six months. Allen H. Isaac, 76, avoided the harsher five-year suspension sought by a hearing panel and total disbarment sought by the Departmental Disciplinary Committee. The committee had charged Isaac with acts of professional misconduct after he allegedly asked a client for oral sex and made inappropriate comments about the judiciary, much of which the client secretly caught on tape. The Appellate Division, 1st Department, cited Isaac's age and "long and unblemished record practicing law" in suspending him for only six months. It rejected Isaac's argument that a public censure was appropriate as his testimony and arguments before the court revealed "a disturbing lack of comprehension as to the depth and extent of his misconduct." Isaac, who was admitted in 1958, declined comment. His lawyer, Richard Godosky of Godosky & Gentile, did not respond to a request for comment. Alan Friedberg, chief counsel for the Departmental Disciplinary Committee, declined comment on Matter of Isaac, M-2029, 2671. The former client who first complained about Isaac, Luisa Esposito, called the six-month suspension "an absolute joke." "The man should have been disbarred, period," she said.

The suspension stems from a 2005 complaint to the Departmental Disciplinary Committee by Esposito, who secretly recorded two phone calls and a meeting in the lawyer's office. Esposito, who is identified only as "L.E." in the 1st Department's decision, later filed two lawsuits against Isaac, both of which were dismissed. The committee, which charged Isaac with acts of professional misconduct, alleged that he made unwanted sexual advances toward Esposito while representing her. He also allegedly bragged to her that he could improperly influence Appellate Division judges and used an epithet to describe one. The committee also charged him with making suggestive comments to his secretary and inappropriately touching her. Isaac admitted to some of the allegations but otherwise denied the charges. Based on the recordings and Isaac's admissions, a referee hearing the case recommended a two-year suspension based on his sexual behavior and a public censure because of his comments about the judiciary. The referee dismissed the other charges. Testimony by Esposito in the hearing was struck after she did not return for the rest of her cross-examination, even after the court issued a subpoena, according to the decision. A hearing panel affirmed the referee's decision regarding Isaac's sexual conduct but dismissed the charges regarding his comments, saying they were not violations of disciplinary rules since they were made in private. The hearing panel recommended a five-year suspension. The disciplinary committee petitioned to sustain all of the charges upheld by the referee and voted to disbar Isaac. He, in turn, moved for just a public censure and to modify the referee's and hearing panel's reports to sustain only one charge of sexual misconduct and one regarding his boasting about influencing judges.

The Appellate Division opted for a six-month suspension.

The panel cited several past cases where attorneys who had had sexual relations with their clients were suspended for two years. It added that shorter suspensions had been imposed where attorneys had made sexually oriented or offensive comments. Here, "[c]onsidering respondent's age and his long and unblemished record in practicing law," the panel concluded, "respondent is suspended for a six-month period." According to a footnote in the decision, Esposito also filed a complaint with the Manhattan district attorney's office, which ultimately did not prosecute the case. She also sued Isaac, his firm, his partner and Isaac's son, but that case was dismissed. Finally, Esposito filed a suit in federal court against, among others, the district attorney, the city and the court system and its disciplinary arm alleging conspiracy and civil rights violations. That action also was rejected.

**************************************
Matter of Isaac
2010 NY Slip Op 04659
Decided on June 1, 2010
Appellate Division, First Department
Per Curiam
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 June 1, 2010
SUPREME COURT, APPELLATE DIVISION
First Judicial Department
David Friedman,Justice Presiding,
James M. Catterson
Leland G. DeGrasse
Sheila Abdus-Salaam
Nelson S. RomÁn, Justices.


M2029 M2671

[*1]In the Matter of Allen H. Isaac, (admitted as Allen Harold Isaac), an attorney and counselor-at-law: Departmental Disciplinary Committee for the First Judicial Department, Petitioner, Allen H. Isaac, Respondent.

Disciplinary proceedings instituted by the Departmental Disciplinary Committee for the First Judicial Department. Respondent, Allen H. Isaac, was admitted to the Bar of the State of New York at a Term of the Appellate Division of the Supreme Court for the First Judicial Department on February 19, 1958.

Alan W. Friedberg, Chief Counsel, Departmental
Disciplinary Committee, New York
(Naomi F. Goldstein, of counsel), for petitioner.
Godosky & Gentile, P.C. (Richard Godosky, of counsel),
Michael Ross, for petitioner.
M-2029, M-2671 (June 9, 2009)


IN THE MATTER OF ALLEN H. ISAAC, AN ATTORNEY
Per Curiam [*2]

Respondent Allen H. Isaac was admitted to the practice of law in the State of New York by the First Judicial Department on February 19, 1958, under the name Allen Harold Isaac. At all times relevant to this proceeding, he maintained an office for the practice of law within the First Judicial Department. An investigation commenced into this matter upon a complaint from a former client, "L.E.", filed with the Departmental Disciplinary Committee on November 25, 2005. Some of the alleged misconduct was secretly recorded by the client during telephone conversations and a meeting in respondent's office. The client provided the Committee with recordings of two telephone conversations and a meeting that took place in respondent's office in October 2005 which were admitted into evidence at the disciplinary hearing. The Committee charged respondent with acts of professional misconduct including making unwelcome sexual advances to L.E. in violation of DR 1-102(A)(7), asking L.E. for oral sex incident to his representation as trial counsel in violation of DR 5-111(B), boasting to L.E. that he is able to influence improperly Appellate Division judges in violation of DR 9-101(C), calling one of the First Department judges a "prick" in violation of DR 1-102 (A)(7) and making suggestive comments to his secretary and inappropriately touching her in violation of DR 1-102(A)(7).

Respondent submitted an answer to the charges in which he made some admissions but otherwise denied the charges. At the lengthy hearing before the Referee, L.E.'s direct examination was completed but her cross-examination was interrupted at her request and an extended adjournment granted, based upon proffered health reasons. When L.E. failed to return for the balance of her cross-examination, at the request of the Committee this Court issued a subpoena which was served upon L.E. but she did not comply and did not appear [FN1]. Thereafter, the Referee granted respondent's motion to strike L.E.'s testimony from the record but ruled that the recording of the October 2005 meeting, the two telephone conversation recordings, and the transcripts of those recordings would not be stricken because they had been identified by respondent. Based upon the preponderance of the evidence and admissions made by respondent, the Referee sustained the charges relating to unwelcome sexual advances and sexual misconduct [*3]involving L.E., as well as the charges involving inappropriate comments about this Court, and dismissed the other charges as unsustained. The Referee recommended a two-year suspension for the violations concerning respondent's inappropriate sexual behavior and public censure for the comments made about the judiciary. The Hearing Panel affirmed the Referee's decision relating to respondent's inappropriate sexual conduct but reversed the Referee's findings of liability regarding the offensive comments about the judiciary, concluding that they did not constitute violations of the Disciplinary Rules as they were made in private. The Panel recommended a five-year suspension.

The Committee petitions to disaffirm the Hearing Panel's conclusions of law and, instead, asks this Court to sustain all charges as found by the Referee and to disbar respondent.[FN3] Respondent cross-moves to modify both the reports of the Referee and Hearing Panel so that only one charge relating to sexual misconduct and one charge relating to his boasting that he could influence the judiciary be sustained, and for a public censure. He acknowledges that his conduct was inappropriate and regrettable, but explains that at the time, he believed that the touching was consensual and not uninvited given his previous flirtatious and personal discussions with L.E., and that they had a special relationship separate from the attorney-client relationship. Respondent contends that L.E. recorded additional conversations and "cherry-picked" only a small fraction of the many conversations that they shared in order to falsely portray respondent as someone who sexually assaulted and intimidated her. Respondent also apologizes for his disrespectful comments about this Court. In mitigation, the approximately 76-year-old respondent lists his professional and public activities, the awards he has received, his character witnesses attesting to his honesty and his unblemished 50-year legal career. He urges that his conduct was isolated and aberrational and not part of a pattern, that he does not pose a threat to the public and that there is no likelihood he will act improperly in the future. He maintains that a public censure is the fair and appropriate sanction.

Upon a review of the record, we confirm the findings of fact of both the Referee and the Hearing Panel which relate to respondent's sexual misconduct and the charges pertaining to comments concerning this Court; disaffirm the Referee's conclusions of law and confirm the Panel's conclusions of law with respect to those latter charges, and suspend respondent from the practice of law for six months. Initially, we agree with the Panel that respondent's comments about this Court and his ability to influence the Court, made in a private conversation, are not subject to professional discipline as they were uttered "outside the precincts of a court"(Matter of Erdmann, 33 NY2d 559 [1973]; compare Matter of Hayes, 7 AD3d 108 [2004][public censure for accusing court and clerk of prejudice and racism during court colloquy, and making other disrespectful comments]); Matter of Dinhofer, 257 AD2d 326 [1999][three-month suspension for calling a judge "corrupt" during a telephone status conference]; Matter of Golub, 190 AD2d 110 [1993][public censure for making undignified and degrading comments about a New York County Supreme Court Justice to the press]). [*4] Regarding respondent's sexual misconduct, we do not believe that disbarment is warranted here. Disbarment has been imposed for conduct far more egregious than the very troubling conduct at issue here (see Matter of Singer (290 AD2d 197 [2002][aggravated sexual battery of a child and similar conduct with other children]; Matter of Romano (246 AD2d 152 [1998][attorney directed three female clients to disrobe and touched them in intimate places]). However, we reject respondent's position that a public censure is appropriate. His testimony at the hearing, and his arguments here, reveal a disturbing lack of comprehension as to the depth and extent of his misconduct.

In disciplinary proceedings involving sexual misconduct, two-year suspensions have been imposed where the attorneys had sexual relations with their clients (see Matter of Weinstock,
241 AD2d 1 [1998]; Matter of Lieber, 205 AD2d 47 [1994]; Matter of Rudnick, 177 AD2d 121 [1992]; and Matter of Bowen, 150 AD2d 905 [1989], lv denied 74 NY2d 610 [1989]). Shorter periods of suspension are appropriate where an attorney has made sexually oriented or offensive comments (see Matter of Kahn (16 AD3d 7 [2005][six-month suspension]; Matter of Feinman (225 AD2d 200 [1996][six-month suspension]; Matter of Gilbert (194 AD2d 262 [1993][one-year suspension]). Considering respondent's age and his long and unblemished record practicing law (see e.g. Matter of Lubell, 285 AD2d 267 [2001]; Matter of Einhorn, 88 AD2d 95 [1982] where the attorney's age was considered in determining the appropriate sanction), respondent is suspended for a six-month period. Accordingly, the Hearing Panel's findings of fact and conclusions of law should be confirmed, the sanction disaffirmed, and respondent suspended from the practice of law for a period of six months. Respondent's cross motion should be denied, except insofar as it seeks to confirm the Referee's report and Hearing Panel's determination sustaining charge 5.
All concur.
Order filed.
[June 1, 2010]
Friedman, J.P., Catterson, DeGrasse, Abdus-Salaam, and RomÁn, JJ.


Respondent suspended from the practice of law in the State of New York for a period of six months, effective July 1, 2010 and until further order of this Court. Cross motion denied. Opinion Per Curiam. All concur.

Footnotes

Footnote 1:This Court notes that following the October 2005 meeting with respondent, L.E. filed a complaint with the N.Y. District Attorney's Office but it declined to prosecute. In July 2006, she commenced a lawsuit against respondent, his former law firm and law partner, and respondent's son and his law firm alleging, inter alia, that respondent sexually and verbally assaulted her. That lawsuit was dismissed against respondent and the order of dismissal was affirmed by this Court (68 AD3d 483 [2009]). In addition, she filed a federal lawsuit against, among others, respondent, the Committee Referee, the Committee, the Manhattan District Attorney's Office, the City of New York, and the Office of Court Administration, alleging conspiracy and civil rights violations. That lawsuit was dismissed by the Hon. Shira A. Scheindlin and affirmed by the Second Circuit (Esposito v New York, 2009 U.S. App. LEXIS 26666 [2d Cir. 2009])

Footnote 3:The Committee does not seek to disaffirm the dismissal of the three unsustained charges as found by both the Referee and Hearing Panel.

39 comments:

Insider said...

Tell those jackasses at the appellate division that Isaac did NOT have a great career being a stand-up attorney. He was trying to screw every female he could. He had the juice to stop all the previous complaints against him. Shame on the fake judges on Madison Avenue.

Yep, It's me!!! said...

Mr. Allen H. Isaac, you belong in JAIL, period. You're a SEXUAL PERVERT, PREDATOR and HARD CORE CRIMINAL!!!!!!!!!!

Yep it's me AGAIN!!! said...

Oh, Allen Isaac, you THINK you're "ABOVE THE LAW".."UNTOUCHABLE", AND YOU THINK YOU'RE "GOD".Six months suspension is a total JOKE!!! You belong in JAIL and most definately disbarred!!!!!!

william galison said...

One of the charges against Isaac was that he bragged that he could influence numerous judges in the First Appellate Division: the same reeking pile of maggot infested shit that let him off with 6 months for a career of sexual predation.

Did they bother to ask Isaac which particular judges were that he claimed to have influence over, lest it happened to be....them?

This should never have been adjudicated by the First Department as it contains an inherent conflict of interest. First Department: "Conflicts-R-Us

Unblemished record? What about lying to the DDC and legally harassing Esposito for 5 years?

Why did it take 5 years and Herculean efforts to suspend this pervert in the first place?

What happened to the criminal charges that disappeared?

God bless Luisa, and a painful, disfiguring pox on the Judiciary of New York State.

Themis unblinded said...

Unblemished record only because the appellate judges don't want their own more hideous blemishes exposed. Issac just proved he has the 1st Appellate Division in his pocket. Now, the DA still has one year left on statue of limitations to prosecute this pervert, or does Issac have the present DA in his pocket? Car 54, with Andrew Cuomo in it, where are you?

T Finnan said...

One small step, Luisa. Where is the new DA or Cuomo with criminal prosecution? Thank you for your fortitude and courage.

Anonymous said...

First Appellate Division: the same reeking pile of maggot infested shit

that is funny, I gotta remember that one for my next court apperance!

Anonymous said...

First Appellate Division: the same reeking pile of maggot infested shit

that is funny, I gotta remember that one for my next court apperance!

Disgusted said...

The fix was in, the cover-up was easy since the criminal foxes are in charge of the "illegal" system. That little turd Alan belongs in handcuffs along with the whole First Dept.

Anonymous said...

What a joke 6 months.
they should have given him 5 years.
They probaly will count prior time out of work as part of the 6 months

Anonymous said...

Just imagine what the Pro Pedophile of Bernadette E. Lupinetti, Esq. has been getting away for years. Selling her dirty services as a "Law Guardian" for the sexual exploitation of children using a United States of American Court in child custody cases. This legal intestinal obstruction in been protected by numerous agencies including the Office of Attorney General Andrew Cuomo. While children are been rape, sodomize, mentally and physically destroy. I have no doubt that the courts are running a pedophilia and child porn ring. This case is one of the many sexual in nature criminal activities taken place in the New York State Courts. Both Female and children are been abuse and sexually exploited in the most disgusting and inhuman way. The FBI won't help it is not their job to investigate these case. The agency in charge is ICE Imigration and Custom Enforcement. Don't count on them either upon information and belief the head of ICE in New York State is a Good ole boy from Orange County New Yuck. Where CPS in Goshen New York county of Orange allows juvenile Offenders in institution to have sexual orgy parties and even has guards go to Albany to bring down prostitutes and minor females to have sex with the inmates. All documented you can't make this up google it you'll find it.

Anonymous said...

This is yet another exampleof why the DDC and its Chief Dope Alan Friedberg have to go straight to jail. This whole system is corrupt and this case shows it.

Anonymous said...

When does open season begins to hunt Judges, Lawyers, Politicians and Pedophiles?

Anonymous said...

don't forget our good ol Department of Justice and Police Associations in the hunt!!!!
The people who are supposed to protect us from the corrupt state agencies.........
shoot to kill, season is open all year and $10.00 license required, just make sure its birdshot, one of those Republican tricks!
Democrats just Buckshot everyone!

Anonymous said...

set up a corrupt cop with ties to judges in Orange County, make sure it sticks, these guys turn each other in and balls will start rolling in Orange County!!!!!

Anonymous said...

corrupt cops in Orange County beware you are on the hit list, maybe you should just stop the abuse of power now before it is too late............

Anonymous said...

be afraid Orange County
be very afraid!!!!!!!!

Anonymous said...

be afraid Orange County
be very afraid!!!!!!!!

Anonymous said...

Orange County has a network of agencies working together to continue the corruption, the following are believed to be involve in this criminal enterprise: Judges from the County both Family and Supreme Court(including various already identified including some of the clerks), Attorneys, Law Guardians, Foresic Expert, CPS, the County Attorney's Office, The DA's Office, State and local Police(some of these have also been already identified)an Orange County Senator and a few more including the Office of Andrew Cuomo. Unless people get up and take the bull by the horns the abuse will continue. I suggest a website to place the pictures, audio and paper trail documentation to expose the criminals together with their crimes. It is time to publicly expose them and get justice for the families, friends, parents and individuals whom have been murdered, sexually assaulted, sexually exploited, destroyed and rape by these criminals.

Eliot Bernstein - Iviewit - Bat Out of Hell said...

So now the First Department monkeys have evidence of a sexual assualt. Per their rules, they need to report this CRIME to the CRIMINAL AUTHORITIES, with their findings and a CERTAIN request for full and formal criminal proceedings against Mr. Pig.
Nice to see that the Bar lowered the Bar for their buddy, Madoff gave years of service to his clients too but got no leniency for his prior unblemished record. The reason, Friedberg, Cahill, Spokony, Cohen, Reardon, etc. are all sexual deviates, as illustrated by this blogs exposing the whorehouse at the ethics committee that was run under the tutleage of Cahill. They approve of sexual misconduct and so show such support of deviats with their 6 mo sentence joke, to the woman who was raped and their attempts to shut her down and abuse her, they should all be charged in the criminal filings, as accomplice.

For their crimes, each should be gang raped in prison, as the did to Luisa Esposito. As always, gang rapers free @ www.iviewit.tv

Eliot I. Bernstein
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1st Dept. Victim said...

This schmuck Isaac said he knew Judges and would put the fix in for sex! What 1st Dept. Judges? What are their names? Each and every single one of them - names? This shows the corruption that C. Anderson and others have spoken about. Isaac gets 6 months, this is a joke! In the old days he would have his balls cut off and sent to his wife and family on a block of ice. That way stopped a lot of corruption!

Thinking said...

To the above comment @ 10:39 PM..Do the math..How many Judges sat on the panel for the October 6, 2005 case, regarding the Phen-Fen case. Isaac said on Luisa Esposito's tape, "that some of the Appellate Judges are very close to me". I believe five or six Judges sit on the panel at the Appellate Court, First Dept.So, that should narrow the search down to five or six Judges.

Anonymous said...

why is hell leading these guys,
not that I want to see harm
Louisa had this guy for atleast 5 years, that would have turned other ilk in and have limited many from their criminal activities..
6 month vacation from legally harming others,what the heck is that, just don't get caught for 6 months
I am sure this guy will continue to operate.......
HE NEEDS JAIL TIME!!!!!!

Anonymous said...

Why did it take so long.. for so little?

Because the politicians only posture when it comes to women's rights..

Mary Matalin had it right when she said..

They talk like John Wayne, but act like Pee Wee Herman...

william galison said...

The reason they can't give Isaac jail time is that he would squeal like a pig and names would be named

All these scumbags have dirt on one another.

If Isaac started talking, they would have to kill him.

Anonymous said...

this is a criminal travesty!!! where are the feds since the 1st Dept oversight is an open joke, they protect the bums and punish the good folks.

Anonymous said...

This is a total disgrace. The First Dept. is as Christine Anderson said - CORRUPT Hello Andrew Cuomo our fighting AG, where are you? Oh, you're too busy running for the big G, I forgot... LOL ANDY

Anonymous said...

Cuomo is too busy protecting his friends from been investigated for child sexual trafficking, child porn, child prostitution, child rape and child kidnapping. Of course he also protects his friends whom rape adults too. There is money to be made and Cuomo needs the donations and his friends can provide plenty with their child sexual exploitation profits.

Anonymous said...

I spy the fine hand of the MOB here, they do run the illegal system that passes for a court system in New York. This is more of the work of the Goombah's. They real know how to handle a contract in every sense of the word. Let's be frank, after all the MOB has its place in the system.

Anonymous said...

More evidence of the corruption in Mr. Alam Friedbergs (Tom Cahills) First Department. The Judges involved need to be disbarred along with their minions.

Anonymous said...

Hey, cut Isaac some slack man. An old guy takes it if he can get it. How many other women did he repeat this act with that never came forward? Sol Wachler the felon also of sex fame was disbarred and now like magic has gotten his law license back, no problem man. It's who you know in NY boys and girls, that's the secret.

ME said...

Isaac should be in Jail. and disbarred.. Did Isaac receive a mere slap on the wrist from his buddies at the Appellate Court, First Department?..this is a JOKE!!!

Anonymous said...

The Appellate Court, First Department are so conflicted regarding Allen Isaac, yet they continue to rule on Esposito's case..What the heck is going on here?

Anonymous said...

anyone notice how this Allen Isaac has a ton of money but wants sex for free from his clients, how evil is that and if she doesn't comply we will use the Senators, the DA and the Police against you,seems to be the agenda,use our agencies that are to protect against one that doesn't comply
this guy isn't going to need directions to Hell!

WE WANT A FEDERAL PHONE NUMBER!

Anonymous said...

WHY AREN'T OUR USELESS STATE AGENCIES SUCH AS ATTORNEY GRIEVANCE, COMMISSION ON JUDICIAL CONDUCT, AG...ETC
WHY AREN'T THEY MANDATED TO SEND COMPLAINTS CONTAINING CRIMINAL ACTIVITY FEDERAL?

WE WANT A FEDERAL PHONE NUMBER AND PROPER INVESTIGATIVE AND PUNITIVE AGENCIES!

Anonymous said...

Allen Isaac has a lot of dirt on most of the 1st Dept. Judges. In that situation what do you think they will do? Exactly what they did, gave their buddy the dishonorable Allen Isaac effectively a free pass. He is one of the blessed ones. If this isn't corruption I don't know what is?

Intials L.E. said...

There's more evidence that the Appellate Court, First Dept., protected Attorney Allen H. Isaac, by giving him a mere slap on the wrist with this six-month suspension. Btw, I will be submitting this evidence to the proper authorites!!

Anonymous said...

Castrate him! Bumper sticker available that says "CASTRATE ALLEN ISAAC NOW! Get one now! All money goes to the Castration Fund! Be the first on your block to support CASTRATION for Allen Isaac.

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Blog Archive

See Video of Senator John L. Sampson's 1st Hearing on Court 'Ethics' Corruption

The first hearing, held in Albany on June 8, 2009 hearing is on two videos:


               Video of 1st Hearing on Court 'Ethics' Corruption
               The June 8, 2009 hearing is on two videos:
         
               CLICK HERE TO SEE Part 1
               CLICK HERE TO SEE Part 2