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Thursday, September 23, 2010

Forger Lawyer Suspended Three Months

Joke of the Day from the Appellate Division, First Department:

"......Forgery, particularly when committed by an attorney, has always been viewed by this Court as a serious matter..."

Alan W. Friedberg, Chief Counsel, Departmental Disciplinary Committee, Continues His Corrupt Selective Prosecution....

Matter of Mark S. Pomerantz, M1621
The New York Law Journal - September 23, 2010

Before: Andrias, J.P., Catterson, Renwick, DeGrasse and Abdus-Salaam, JJ.
M1621 - 09-23-2010
Cite as: Matter of Mark S. Pomerantz, M1621, NYLJ 1202472367036, at *1 (App. Div., 1st, September 21, 2010)
Before: Andrias, J.P., Catterson, Renwick, DeGrasse and Abdus-Salaam, JJ.
Decided: September 21, 2010

Alan W. Friedberg, Chief Counsel, Departmental Disciplinary Committee, New York (Raymond Vallejo, of counsel), for petitioner.
Respondent pro se.

Respondent Mark S. Pomerantz was admitted to the practice of law in the State of New York by the Second Judicial Department on February 26, 1986, under the name Mark Steven Pomerantz. At all times relevant herein, he maintained an office for the practice of law within the First Judicial Department. Respondent was charged in a felony complaint with criminal possession of a forged instrument in the second and third degrees, a class D felony and a class A misdemeanor, respectively. On October 15, 2007, he pleaded guilty in Nassau County District Court to the reduced charge of attempted criminal possession of a forged instrument, in violation of Penal Law §110/170.20, a class B misdemeanor, in full satisfaction of the felony complaint. That same day, respondent was sentenced to a one-year conditional discharge, a $500 fine, a $140 surcharge and a $20 Crime Victim's Assistance fee. By unpublished order entered September 30, 2009, we deemed the offense of which respondent was convicted to be a "serious crime" pursuant to Judiciary Law §90(4)(d) and directed a Hearing Panel to conduct a hearing as to the appropriate sanction. The Hearing Panel held a hearing at which respondent, who appears pro se, testified. On March 21, 2007, respondent was stopped by the Nassau County police, who impounded his car due to various outstanding motor vehicle infractions. Upon inspection the police found that the vehicle bore a registration sticker which had been forged to reflect an incorrect expiration date. Respondent admitted to cutting out numbers from the registration sticker of his wife's car and affixing them to his own vehicle's registration sticker. Respondent also altered his car's registration sticker so as to make it reflect an inaccurate expiration date. Respondent knew his actions were illegal.

When stopped by the police, respondent was aware that his car had been uninsured for a year and a half and was not currently registered or inspected. He had been driving the car with a forged registration sticker since February 2004, knew that he was driving with a suspended license, had failed to answer a traffic summons and had outstanding motor vehicle infractions and violations. Respondent testified that he no longer drives and instead commutes to his office by public transportation. He acknowledged that his conduct was wrong and proffered his wife's illness, marital turmoil and financial difficulties as the reasons for such conduct. In aggravation, the Hearing Panel considered respondent's failure to report his criminal conviction to the Committee as required by 22 NYCRR 603.12(f). The Hearing Panel also considered respondent's failure to provide it with proof of the satisfaction of a $20,610 New York State tax judgment as well as documentation of payments towards other outstanding liens and judgments entered against respondent. These outstanding liens and judgments include a $47,687 federal tax lien and judgments in the amounts of $4,834 and $20,146. The Hearing Panel also considered respondent's failure to notify his law firm employer of his conviction as evidence that he has not accepted responsibility for his misconduct. On the other hand, the Hearing Panel considered respondent's expression of remorse, the fact that his misconduct did not affect his law practice or cause harm to the public and the absence of a prior disciplinary record as mitigating factors. The Hearing Panel recommended a suspension of six months, and the Committee seeks an order pursuant to 22 NYCRR 603.4(d) and 605.15(e)(2) confirming the findings of fact and conclusions of law of the Hearing Panel and imposing a six-month suspension. Respondent seeks imposition of a public censure.

Forgery, particularly when committed by an attorney, has always been viewed by this Court as a serious matter (Matter of Glotzer, 191 AD2d 112, 114 [1993]). The sanctions generally imposed for forgery offenses range from a short suspension to disbarment depending upon the repetitiveness of the misconduct and the desire for personal profit (id.). In Matter of Vasquez (1 AD3d 16 [2003]), we imposed a six-month suspension upon an attorney who falsified a city official's memorandum to make it appear as if he had been granted a $5,500 salary increase and a lump sum back payment. In Matter of Donofrio (231 AD2d 365 [1997]), the respondent made false statements to a Parking Violations Bureau manager and an administrative law judge (ALJ) and forged the ALJ's signature to a document which he fraudulently used to obtain a tow release of his vehicle. The sanction we imposed was a one-year suspension. As noted above, respondent practiced law within this Department at all relevant times. We are not persuaded by his argument that Second Department case law is controlling (see 22 NYCRR 603.1[a]). While there are mitigating factors such as the absence of profit or personal gain related to respondent's practice of law, the aggravating factors cited above cannot be ignored. Having considered all of the factors disclosed by the record we find that a suspension is warranted. Accordingly, we grant the Committee's motion to the extent of confirming the Hearing Panel's findings of fact and conclusions of law, and respondent is suspended from the practice of law for a period of three months. All concur. Order filed.

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Lawyer Suspended – For Forging Car Registration
Financial Fraud Law

About two years ago, New York lawyer Mark S. Pomerantz was stopped by police in New York, who impounded his car due to various outstanding motor vehicle infractions. Upon inspection the police found that the vehicle bore a registration sticker that had been forged to reflect an incorrect expiration date.

The lawyer admitted to cutting out numbers from the registration sticker of his wife's car and affixing them to his own vehicle's registration sticker. He also altered his car's registration sticker so as to make it reflect an inaccurate expiration date.

When stopped by the police, the lawyer was aware that his car had been uninsured for a year and a half and was not then registered or inspected. He had been driving the car with a forged registration sticker since February 2004, knew that he was driving with a suspended license, had failed to answer a traffic summons and had outstanding motor vehicle infractions and violations. Now, the lawyer has been suspended from practicing law for three months. Although it found some mitigating factors, the court declared that forgery, “particularly when committed by an attorney,” was a serious matter.

The case is Matter of Pomerantz, M1621 (N.Y. App. Div. 1st Dep’t, Sept. 21, 2010).

9 comments:

I know Fraud Boy Friedberg said...

Friedberg is a total fraud. Everything he does is suspect. He is a little man with a smaller sense of ethics.

SHAME, SHAME on YOU said...

ANOTHER DIRTY DEED DONE BY THE FIRST DEPARTMENT DISCIPLINARY COMMITTEE...ALAN FRIEDBERG YOU NEED TO TAKE YOUR HEAD OUT OF YOUR ARZ...WAKE UP AND SMELL THE COFFEE..IT SMELLS LIKE MASSIVE CORRUPTION AND COVER-UPS TO ME!!!!!!!
HELLLOOOOOOO ARE YOU LISTENING!!!!

Anonymous said...

I got an email about this site and was advice to read it, that I was going to find very interesting stuff.

I have spend years collecting evidence to bring out to the public and expose those involved in the sexual crimes against my children.

I am disgusted with the games of these criminal and those aiding in covering up the crimes. Using their position to steal, destroy and sexually exploit children.

My case in is Orange County, Goshen New York, and for what I can see, I am not the only one here with court problems out of that county.


I am surprise that this attorney got punished while, attorneys such as Gary I. Greenwald, Esq. from the Greenwald Law Offices in Chester, New York get a free out of jail card. After been exposed for forging court orders and tampering with court records among other criminal activities such as paying off a forensic expert to help his criminal client get a fraudulent and void divorce and child custody order to engaged in parental kidnapping, thef, violation of rights, sexual assault, Domestic Violence and for the sole and exclusive purpose to sexually exploited my children.

Greenwald knows who I am and how out spoken I can be. See Greenwald in court asked the judge to punished me for exercising my Constitutional Right of Freedom of Speech. Request that was granted on record.

Remember you try to put me in Jail as part of your fraud and lies in court, and then helped with the kidnapping of my children on that same day. I remember and I will make sure you don't forget.

Lets see if you are going to keep bragging about having the Orange County Judges in your pocket after I post a video and more with incriminating evidence against you.

Offcials refused to investigated all of these allegations despite the evidence which shows you are a shady character and more. It is time to go public and protect public safety.

Sincerely Yours,


Pro se litigant

Anonymous said...

what is wrong with all of you......
he had to get to work!!!!!!
probably to forge legal papers he will never get caught forging because no one investigates legal fraud, those guys just get better jobs or payola.........

termite inspector said...

Poor man;; he's more honest than most NY Lawyers; he told the Police the truth.

Anonymous said...

3months! what the hell is going on in the 1st Dept.? 3 months is a joke! More corruption from the 1st Dept., bet they feel real proud of themselves getting this slug. Why don't they go after some of their real good criminal friends? Or does the 1st Dept. have lists of untouchables?

Anonymous said...

I heard Gary I. Greenwald, Esq. from Chester New York falsified court orders, tampered with court records and illegally depleted escrow funds to win a case that he had no chance in his future home(hell) of ever winning. Because most if not all of his clients upon information and belief are the "accused" and criminal party. Yet, for some reason this criminal still is allowed to committe fraud legally. And if I am not mistaken he is registered with the First Department.

Why aren't the FEDS after this fat a$$, a$$?

I wonder when he gets indicted for his crimes soon, if he is going to use the "insanity defense" too, I heard he uses this one to help his clients and screw the other party.

Of course all of these allegations are supported fully and fully ignored by the courts too. Until Now, :)

Eliot Bernstein, Hater of Censors said...

I seem to recall Mark has cozy with Pres Barack Obama.

Anonymous said...

The First Dept. doesn't know what ETHICS are...don't let them fool you...they're in trouble and doing some minor window dressing...screw them all...hang them high

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
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