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Friday, September 17, 2010

More Selective DDC Ethics Enforcement

An attorney who hurled "hostile, obscene and derogatory" missives at his wife and professionals involved in their divorce, has been suspended for two years by the Appellate Division, First Department, which rejected a three-year censure requested by court's disciplinary staff.
Anthony Chiofalo, the attorney at the center of Matter of Chiofalo, M-3073, married in 1990. His wife, with whom he had two sons, filed for divorce in 2005. The case apparently has not been resolved, according to the decision.
During the course of the divorce, Mr. Chiofalo, against the advice of his own attorney, sent written messages that the court said were "riddled with profanities (primarily of a scatological and sexual nature)," to his wife, her lawyers, his sons' law guardian and the law clerk assigned to his divorce case. At one point, Mr. Chiofalo "threatened to cut off one attorney's pinkie and send it to his wife," the court said. He also questioned, without basis, the integrity of the judge handling the case and accused his wife's attorney of dishonesty and exploitation of the couple's children in order to obtain excessive fees.The panel noted that Mr. Chiofalo had pleaded guilty in the Bronx Criminal Court to a disorderly conduct violation based on his contacting his wife and children in violation of an order of protection. While acting as his own lawyer, he also filed a federal lawsuit in California where he had been living, against 29 defendants, including his wife, her attorneys, a judge and three supervising judges and the American Bar Association, claiming his civil rights had been violated.The First Department disciplinary committee brought two charges against Mr. Chiofalo related to the conduct related to his remarks and two related to the allegedly frivolous federal lawsuit.
Mr. Chiofalo, 49, conceded two disciplinary charges stemming from his vituperative correspondence, but contested two charges arising from his filing of the lawsuit in California. He claimed that his actions had been the product of "stress over his divorce and financial situation," and that his behavior did not harm any clients. He asked that he receive at most a six-month suspension.

The referee before whom the hearing was conducted upheld the two charges related to the lawsuit. The First Department panel upheld the ruling, finding Mr. Chiofalo had "effectively conceded" that the suit was frivolous, seeking to draw attention to "issues of parental alienation issue" rather than seeking relief a court could award.
The referee recommended a one-year suspension. One of the disciplinary committee's hearing panels upheld the referee' findings as to the charges but bumped the penalty up to a two-year suspension.
The legal staff of the First Department 80-member disciplinary committee, with the approval of its chairman, Roy L. Reardon, a partner at Simpson Thacher & Bartlett, asked the court to increase the suspension to three years.
In rebuffing the staff request for a longer censure, the panel found the request "appears" to be out of line with the court's prior rulings. In that regard, the court said that Mr. Chiofalo's conduct was "not as serious" as that reported in its 1994 ruling in Matter of Israel, 205 AD2d 101, where an attorney had been given a three-year suspension in circumstances that were more "serious" than Mr. Chiofalo's.
The attorney in the Israel case had made three motions designed solely to harass his client, lied under oath, frustrated a judgment against him, neglected or mishandled several other client matters and lacked contrition, the panel noted.
But the panel also rejected Mr. Chiofalo's plea for leniency, noting that "while divorce proceedings can certainly be distressing, especially when children are involved, they do not excuse long-term spiteful actions." As to his claims that no clients were harmed, the court said the individuals he named as defendants in the federal lawsuit were "victims of his misconduct."
Mr. Chiofalo started his legal career after graduating from Fordham University School of Law practicing corporate law in both law firm and in-house settings. More recently he has been hired as a contract lawyer on various projects. Currently, he has advised the court according to the opinion, that his work has been "paralegal in nature."
Mr. Chiofalo's lawyer, Michael A. Gentile, said, "The decision is certainly consistent with the court's having reflected carefully upon the case."
Serving on the First Department panel were Justices Angela M. Mazzarelli, Karla Moskowitz, Rolando T. Acosta, Helen E. Freedman and Rosalyn H. Richter.
Mady J. Edelstein handled the matter for the Departmental Disciplinary Committee.

37 comments:

Anonymous said...

Question?? How can a lay person finds any disciplinary actions that has been taken against an attorney and a Judge?

Anonymous said...

Hey, Mr. Chiofalo, Allen Isaac got a mere six month suspension for felony level sexual abuse..Did you pay your dues to the DDC for protection? It's WHO you know, not WHAT you know!!!!!

Anonymous said...

Now I know I understand.

They can lie, cheat, steal and terrorize, they just can't swear.

So as long as the attorney's are polite, they can get away with any and everything they want.

Nice system.

Themis unblinded said...

Karma. An attorney gets a taste of the court corruption and parental alienation without remedy. Did he forget to contribute to the judges' election campaign? No need to get angry, just pay the price.

Themis unblinded said...

Karma. An attorney gets a taste of the court corruption and parental alienation without remedy. Did he forget to contribute to the judges' election campaign? No need to get angry, just pay the price.

Eliot Bernstein said...

Whenever there is a disciplinary action for any crime, it is usually the attorney is trying to expose them so they come back with this to bury the dirt. Wonder what his complaint exposed, why they are so hard on this guy, two years for swearing but rapist pervert slimedog Allen Isaac gets six months for raping a woman and then covering it up.
Look deeper into this case, someone call the disbarred lawyer and get his side. The only other complaints the DDC prosecutes are people acting like attorneys without legal degrees or witchhunts like this.

Anonymous said...

When are they going to shut down these useless agencies?
These lawyers & judges can commit any felony, including Federal Felonies, and there is no one to call, no one to investigate and charge these criminals!

Anonymous said...

How can a lay person find any disciplinary actions, call another Attorney and they will probably lie to you anyways, after you cut the check!
We need a Citizens publication to print complaints against
Lawyers Judges and Public Officials!

Anonymous said...

When is our Attorney Grievance/AG going to be mandated to appoint a Special Prosecutor on any and all Felonies reported by Citizens?

Eliot Bernstein said...

From Eliot's facebook page,

September 13 at 6:46pm · William Galison Elliot, you're a jerk.

September 14 at 1:41am · Eliot Bernstein Will please refrain from your insults of me and calling my wife to scare her with your threats to her. You seem so two year old with these antics of yours.

September 14 at 5:48am ·
William Galison Elliot, that is ridiculous, You have my message to Candace, If there is anything threatening about it:
a) Post it on the internet

b) Get a restraining order.

...There was not anything threatening about it, which is why you won't.

Candace and I had a lovely talk, and she told me that you had asked Frank to take down the personal conversation you posted. That was before you implied that I am somehow linked with the CFR, Skull and Bones and Proskauer Rose.

In response, I called you a jerk, which under the circumstances was pretty discreet. Feel free to call me a jerk anytime, especially if I make bizarre, baseless, paranoid remarks about you on a blog.

But you are right, I should have ignored you, which I will certainly do in the future.

You are a silly silly man,

Will

September 14 at 10:16am ·
Eliot Bernstein So are you saying sue me you sound like one of these prick lawyers

Yesterday at 6:30am ·

William Galison No, Elliot. I am saying that for some reason you are lying about me "scaring" and "threatening" Candace, and I'm giving you a chance to prove me wrong.

Eliot Bernstein Will you called my wife, now something is very wrong with just that but despite that you told her all these peoples lives were in danger and she was somehow to be responsible if people got killed like Sunny Sheu or Jim Hoffer of ABC news. ...My wife lives starting a car in the morning with three children waiting for the next bomb to attempt to murder us, I do not think she needs your vieled threats. I am just not sure what kind of man calls another mans wife and tries to have her intervene in their affairs, it is just so... So Please, pretty please with bme on top, leave us alone, we have enough real life worries to contend with and if you want to threaten someone with fear of others being killed, call me, if I don't answer or don't call back, take the hint and move on.

Anonymous said...

From Eliot's facebook page,

September 13 at 6:46pm • William Galison

Elliot, you're a jerk.

September 14 at 1:41am • Eliot Bernstein

Will please refrain from your insults of me and calling my wife to scare her with your threats to her. You seem so two year old with these antics of yours.

September 14 at 5:48am •
William Galison

Elliot, that is ridiculous, You have my message to Candace, If there is anything threatening about it:
a) Post it on the internet
b) Get a restraining order.
...There was not anything threatening about it, which is why you won't.
Candace and I had a lovely talk, and she told me that you had asked Frank to take down the personal conversation you posted. That was before you implied that I am somehow linked with the CFR, Skull and Bones and Proskauer Rose.
In response, I called you a jerk, which under the circumstances was pretty discreet. Feel free to call me a jerk anytime, especially if I make bizarre, baseless, paranoid remarks about you on a blog.
But you are right, I should have ignored you, which I will certainly do in the future.
You are a silly silly man,
Will

September 14 at 10:16am •
Eliot Bernstein

So are you saying sue me you sound like one of these pricke lawyers

Yesterday at 6:30am •
William Galison

No, Elliot. I am saying that for some reason you are lying about me "scaring" and "threatening" Candace, and I'm giving you a chance to prove me wrong.

Today
Eliot Bernstein Will you called my wife, now something is very wrong with just that but despite that you told her all these peoples lives were in danger and she was somehow to be responsible if people got killed like Sunny Sheu or Jim Hoffer of ABC news. ...My wife lives starting a car in the morning with three children waiting for the next bomb to attempt to murder us, I do not think she needs your veiled threats. I am just not sure what kind of man calls another man’s wife and tries to have her intervene in their affairs, it is just so... So Please, pretty please with bme on top, leave us alone, we have enough real life worries to contend with and if you want to threaten someone with fear of others being killed, call me, if I don't answer or don't call back, take the hint and move on.
Eliot Bernstein

Anonymous said...

From Eliot's facebook page,

September 13 at 6:46pm • William Galison

Elliot, you're a jerk.

September 14 at 1:41am • Eliot Bernstein

Will please refrain from your insults of me and calling my wife to scare her with your threats to her. You seem so two year old with these antics of yours.

September 14 at 5:48am •
William Galison

Elliot, that is ridiculous, You have my message to Candace, If there is anything threatening about it:
a) Post it on the internet
b) Get a restraining order.
...There was not anything threatening about it, which is why you won't.
Candace and I had a lovely talk, and she told me that you had asked Frank to take down the personal conversation you posted. That was before you implied that I am somehow linked with the CFR, Skull and Bones and Proskauer Rose.
In response, I called you a jerk, which under the circumstances was pretty discreet. Feel free to call me a jerk anytime, especially if I make bizarre, baseless, paranoid remarks about you on a blog.
But you are right, I should have ignored you, which I will certainly do in the future.
You are a silly silly man,
Will

September 14 at 10:16am •
Eliot Bernstein

So are you saying sue me you sound like one of these pricke lawyers

Yesterday at 6:30am •
William Galison

No, Elliot. I am saying that for some reason you are lying about me "scaring" and "threatening" Candace, and I'm giving you a chance to prove me wrong.

Today
Eliot Bernstein Will you called my wife, now something is very wrong with just that but despite that you told her all these peoples lives were in danger and she was somehow to be responsible if people got killed like Sunny Sheu or Jim Hoffer of ABC news. ...My wife lives starting a car in the morning with three children waiting for the next bomb to attempt to murder us, I do not think she needs your veiled threats. I am just not sure what kind of man calls another man’s wife and tries to have her intervene in their affairs, it is just so... So Please, pretty please with bme on top, leave us alone, we have enough real life worries to contend with and if you want to threaten someone with fear of others being killed, call me, if I don't answer or don't call back, take the hint and move on.
Eliot Bernstein

Anonymous said...

From Eliot's facebook page,

September 13 at 6:46pm • William Galison

Elliot, you're a jerk.

September 14 at 1:41am • Eliot Bernstein

Will please refrain from your insults of me and calling my wife to scare her with your threats to her. You seem so two year old with these antics of yours.

September 14 at 5:48am •
William Galison

Elliot, that is ridiculous, You have my message to Candace, If there is anything threatening about it:
a) Post it on the internet
b) Get a restraining order.
...There was not anything threatening about it, which is why you won't.
Candace and I had a lovely talk, and she told me that you had asked Frank to take down the personal conversation you posted. That was before you implied that I am somehow linked with the CFR, Skull and Bones and Proskauer Rose.
In response, I called you a jerk, which under the circumstances was pretty discreet. Feel free to call me a jerk anytime, especially if I make bizarre, baseless, paranoid remarks about you on a blog.
But you are right, I should have ignored you, which I will certainly do in the future.
You are a silly silly man,
Will

September 14 at 10:16am •
Eliot Bernstein

So are you saying sue me you sound like one of these pricke lawyers

Yesterday at 6:30am •
William Galison

No, Elliot. I am saying that for some reason you are lying about me "scaring" and "threatening" Candace, and I'm giving you a chance to prove me wrong.

Today
Eliot Bernstein Will you called my wife, now something is very wrong with just that but despite that you told her all these peoples lives were in danger and she was somehow to be responsible if people got killed like Sunny Sheu or Jim Hoffer of ABC news. ...My wife lives starting a car in the morning with three children waiting for the next bomb to attempt to murder us, I do not think she needs your veiled threats. I am just not sure what kind of man calls another man’s wife and tries to have her intervene in their affairs, it is just so... So Please, pretty please with bme on top, leave us alone, we have enough real life worries to contend with and if you want to threaten someone with fear of others being killed, call me, if I don't answer or don't call back, take the hint and move on.
Eliot Bernstein

Anonymous said...

Is this slug a piece of meat for the mob? The 1st Dept. is corruption central - - - IT'S A JOKE!!!

Anonymous said...

This is HORSESHIT!!!

Now the DDC is suspending/disbarring Attorneys for years for sometimes talking loud and occasionally using swear words?

That's not unethical conduct - that's just temporary stress and personality issues (something the DDC actually augments and creates due to their totally unclear and ambiguous selective enforcement against unpopular Attorneys, or those who don't tow the political line enough for them and their contacts).

This is all the while the DDC Staffmember's buddies from the Big Law Firms, or favored lawyers, are getting away with REAL ETHICS violations such as stealing, looting, forging documents, committing fraud, banging their clients, and other stuff?

The guy was going through a divorce and child custody battle!!! Cut him some freaking slack.

This was done by the DDC just to get some case law precedent for the DDC to get ANYONE suspended or disbarred if they get caught using the "f" word or the "s" word, ie, pretty much every Attorney practicing in New York City.

In other words - now, ANY Attorney can now get suspended/disbarred for ANY reason, at ANY time.

Even the good ones who actually HELP people.

The reasoning behind this outrage is quite obvious - now NO ONE is safe from the DDC Mafia political deathgrip and its unfair retaliation against whistleblowers and rebellious Attorneys (who by the way are much needed to ensure our freedoms guaranteed by the US Constitution and the American way).

Where is the FBI? Where is the FTC? Where is the DOJ? Where is the US Attorneys Office? Where is the US Constitution? Where is the First Amendment guaranteeing every American in a private setting the Freedom of Speech?

Fuck the DDC, First Department!

Everyone on these boards needs to mount a serious protest against this assault on Freedom of Speech now!!!

Anonymous said...

Attorney Anthony Chiofala needs to appeal this unconstitutional DDC decision to the Federal Courts.

The DDC MUST obey the US Constitution and not deprive a man of his life, liberty, or the pursuit of happiness simply for talking smack during a nasty divorce.

What do these people want in New York Attorneys - Mr. Rogers?

Anonymous said...

The power to open up a Docket Number against a Lawyer is the Power to Destroy.

Frivolous complaints against Attorneys are, and should be, dismissed at the outset of receiving a complaint by DDC Personnel when it is on its face merely a Fee Dispute or someone just pissed off by not winning their case.

Frivolous allegations of Ethics violations are rampantly and flippantly used by Clients who may always have ulterior motives for filing nonsensical complaints against good Attorneys.

The problem is, the DDC has the absolute and undisputed right to decide who gets a Docket Number and an investigation against them, and who doesn't even get a copy of the Complaint because it's dismissed outright.

Too bad that all of the evidence on these discussion boards, and in Christine Anderson's Federal Lawsuit, prove that if you are a minority Attorney with a small practice, every frivolous and nonsensical complaint will hit you hard right between the eyes, even if you are innocent, but if you are a White or Jewish Attorney, or from a Big Law Firm in Manhattan, even if you freaking raped someone or stole escrow funds, nothing will happen to you, not even the opening up of a Docket Number by this absolutely satanic and racist den of Jewish vipers known as the DDC Cabal, one of the last vestiges of Jewish Mafia organized crime in this country.

They also have this monopoly and stranglehold to do this on the Medical Licensing and Ethics Boards as well, to both keep out, stamp out, and drive away the competition, all at the expense of the Consumer, just so that they can preserve their own wealth and power.

I sincerely hope and pray that the FBI Office of Public Corruption, the New York Attorney General's Office, and the Office of Senator John Sampson of New York clean the shit out of that Jewish hornets' nest known as the Departmental Disciplinary Committee, First Department, of Manhattan New York, a truly un-American, racist, and repressive regime.

These sons of bitches are as much, if not even more secretive and more corrupt, and more harmful to the American people than the Federal Reserve.

An FBI sponsored enema is absolutely necessary here.

Thomas More said...

This is not a case of karma being visited upon an attorney, Anthony Chiofalo. In his career, Chiofalo purposefully chose not to take on divorces involving children because of the culture of false allegations and parental alienation which infest that area of practice. Contrary to the Appellate Division's misstatements in their decision, Chiofalo named the ABA as a defendant in his lawsuit precisely because its matrimonial law training materials encouraged the amoral use of so-called "silver bullet" tactics which fuel parental alienation and damage children in divorce proceedings.

Victim said...

I have filed several well documented complaints with the DDC (1st Dept.). One against a white shoe law firm that can walk on water was dismissed in 2 weeks. One was "lost" - no one could find it! It must have be radioactive and they didn't have their lead gloves! The next took months and nothing was done! The fix was in and they all cover for one another. The DDC is a corrupt group of hacks who cover up and lie with the approval of the Courts. Do I hear conflict - incest!!!
This slob didn't pay someone off or he was getting too close to something that the powers that be ( if you know what I mean) didn't want anyone near!!!

Anonymous said...

Mr. Chiofalo accepts the discipline imposed by the Bar. However, Mr. Chiofalo is disappointed that the Bar continues to do so little to reform a broken family law system.

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Anonymous said...

Following up on Eliot Bernstein's comment above, this may be relevant:

http://www.newswithviews.com/Baskerville/stephen3.htm

Anonymous said...

Is this what passes for justice in NY? Do lawyers lose their 1st amendment rights when they are accepted to the NY bar? The punishment does not fit the crime.

Anonymous said...

Apparently this guy had no disciplinary history whatsoever and they do this to him and under these kind of circumstances? The broken family law system and how it's being abused is what should be getting the DDC's attention.

Anonymous said...

Truly Kafkaesque.

Anonymous said...

Witch hunt. Cracking down on a civilly disobedient and rebellious father who happens to be a lawyer.

Anonymous said...

What a miscarriage of justice! I guess the truth hurts: the New York divorce industry and the lawyers who fuel it need major investigating and total reform...

Anonymous said...

...the saddest thing in that decision is that the DDC came down on Chiofalo because he had the temerity to state what is an obvious but unfortunate truth: divorce lawyers financially exploit the children caught in acrimonious divorces. For the Appellate Division, speaking such an obvious truth constitues "unethical" behavior. What a joke!!!

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Anonymous said...

What most people don' understand is that the US Government, through the FBI, the DOJ, and the CIA both want and need to keep the people they rule in a state of perpetual fear.

The mechanisms and tools they use to keep certain Attorneys that they don't like, or don't "toe their political line," in fear, are the unfair, oppressive, arbitrary, and racist Departmental Disciplinary Committee and the Fee Dispute Committee with their purposefully grey and amorphous "Ethics Rules," which they broadly interpret when it suits them, and forgve the severe transgressions of those they like.

This is the inherent problem with the DDC and the Fee Dispute Committee today in New York City.

Anonymous said...

The Ku Klux Klan ("KKK") against minority and politically unpopular Attorneys is alive and well in New York City - it's just called the DDC and the Fee Dispute Committee.

"Some of those that work forces, are the same that burn crosses." - Rage Against The Machine (1994).

Anonymous said...

Good Afternoon

Can I link to this post please?

Anonymous said...

"Liberty is the right of every man to be honest, to think and to speak without hypocrisy."
--Jose Marti

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Anonymous said...

The Effects of Institutional Racism on Minority-Led Law Practices in New York City

There is a reason why minority business people rarely succeed or can sustain their successful businesses in New York City. In many cases, studies and data have shown that the following issues routinely and frequently occur, which completely renders the sustained growth, and stability, of minority-led businesses literally impossible:

1. Employees were allowed to plunder and steal company intellectual property, clients, disrespect minority business owners openly, steal from them, and directly compete with them WHILE working for them at times, with complete and total impunity and immunity, as complaints to the New York Department of Labor and the New York Disciplinary Committee to regulate Attorney Misconduct would go completely unsupported, unanswered, or ignored - in effect their behaviors were encouraged by this inaction;

2. Meanwhile if employees complained about the minority led business owner in whatever capacity, even when it was prima facie frivolous or false, that minority business owner would literally be dragged across the coals, and docket numbers and investigations were opened up against them at the drop of a hat, by the same 2 entities listed above;

3. If a client ever complained about the minority business owner, in whatever capacity, a docket number and an investigation were immediately opened, investigated, and aggressively prosecuted, and not ever vetted to see or determine if there was ever an ethics rule that was violated - it was always merely a "fishing expedition" - a terrorism fear tactic, completely immobilizing the minority business owner and his staff, instilling the fear of God into the Staff to even continue to work for the minority business owner, for fear of hurting their own professional career or jeopardizing their law license - in this manner many of that company's best and brightest and most dedicated young lawyer trainees fled those minority led companies and jumped ship, often to competing law firms which was run by a member of the racial majority in New York City (Jewish, WASP, Italian, etc) or starting their own practices to compete with it, often using the minority led business owner's cutting edge intellectual property, client lists, and strategies in direct competition with them;

4. Defamation against the minority business owner was encouraged on both the internet and in public discourse in professional lawyer groups, and rumor mongering about the minority business owner and their law firm was spread like wild-fire (eg, they charged too much, inflated their fees, was incompetent, was a mean and nasty boss, was unethical, etc);

5. Fee Disputes were ALWAYS resolved AGAINST the minority business owner by the NYCLA Fee Dispute Committee, or the New York Civil Courts, in the tens of thousands of dollars, even if the minority owned business always had properly signed, executed, and clear retainer agreement contracts, as well as a detailed hourly billing invoices, huge fat files full of productive legal work, and more often than not, successful outcomes to very difficult cases.

The list is endless. Failure is a certainty. The lesson - if you are a minority lawyer - don't even THINK about starting up a law firm in Manhattan - you will be destroyed by the heavily institutionalized racism permeating the DDC, the DOL, and any other agencies charged with safeguarding both you and your law practice from dishonest parasites and vultures.

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