Opinion
2015-08-06
In the Matter of Erik MUELLER, Also Known as Erik W. Mueller, a Suspended Attorney.
McCarthy, J.P., Lynch, Devine and Clark, JJ., concur.
Monica A. Duffy, Committee on Professional Standards, Albany (Alison M. Coan of counsel), for Committee on Professional Standards. Erik Mueller, Howell, New Jersey, pro se.
Before: McCARTHY, J.P., LYNCH, DEVINE and CLARK, JJ.
PER CURIAM.
Erik Mueller was admitted to practice by this Court in 2001. He was suspended from the practice of law, effective October 24, 2009, due to his failure to comply with the attorney registration requirements ( Matter of Attorneys in Violation of Judiciary Law § 468–a, 65 A.D.3d 1447, 1469, 885 N.Y.S.2d 441 [2009] ). He was previously admitted to practice in New Jersey in 2000, where he maintains an office for the practice of law.
By subsequent decision dated June 11, 2015, this Court suspended Mueller from the practice of law until such time as a final disciplinary order was entered (129 A.D.3d 1293, 1294, 10 N.Y.S.3d 745 [2015] ). The order was based upon Mueller's 2011 conviction in the United States District Court for the District of New Jersey to one count of conspiracy to commit wire fraud in violation of 18 U.S.C. §§ 1343 and 1349, a federal felony, which this Court determined to be a serious crime ( id. at 1294, 10 N.Y.S.3d 745; seeJudiciary Law § 90[4][d] ). We further directed that Mueller show cause why a final order of suspension, censure or removal from office should not be made pursuant to Judiciary Law § 90(4)(g) (129 A.D.3d at 1294, 10 N.Y.S.3d 745). In mitigation, Mueller submitted a certification with exhibits in response to the order to show cause.
Upon consideration of the facts and circumstances, the nature of Mueller's conviction, his failure to file a copy of the record of his conviction with this Court ( seeJudiciary Law § 90[4][c] ), his persistently delinquent registration status and failure to pay biennial dues for seven consecutive periods ( seeJudiciary Law § 468–a) and the underlying misconduct, we conclude that Mueller should be disbarred ( see Matter of Briggs, 120 A.D.3d 1522, 1523, 993 N.Y.S.2d 522 [2014]; see also Matter of Marshall, 58 A.D.3d 1066, 1066–1067, 871 N.Y.S.2d 764 [2009] ).
ORDERED that Erik Mueller is disbarred and his name is stricken from the roll of attorneys and counselors-at-law of the State of New York, effective immediately, pursuant to Judiciary Law § 90(4)(g); and it is further
ORDERED that Erik Mueller is commanded to desist and refrain from the practice of law in any form, either as principal or as agent, clerk or employee of another; and Mueller is hereby forbidden to appear as an attorney or counselor-at-law before any court, judge, justice, board, commission or other public authority, or to give to another an opinion as to the law or its application, or any advice in relation thereto; and it is further
ORDERED that Erik Mueller shall comply with the provisions of this Court's rules regulating the conduct of disbarred attorneys ( see Rules of App.Div., 3d Dept. [22 NYCRR] § 806.9).