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Criminal lawyers should be dismissed



See the full video at https://rumble.com/v1b7ctl-criminal-lawyers-should-be-disbarred.html?mref=6zof&mrefc=3 and at https://youtu.be/DGILM34Qdw0

Insurance fraud is widely regarded as a crime of moral confusion. Either way, the New York State Bar was only asked to join the New Jersey State Bar that shut down a lawyer, after he was convicted of insurance fraud and other misconduct, for two years instead of being illegal.

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In the matter of Neal Meredith Pomper, a lawyer and attorney. (Lawyer registration number 1726363); 2022 NY Slip Op 04173; No. 2021-02031; New York Supreme Court, Second Chamber (June 29, 2022) [https://rumble.com/v1b7ctl-criminal-lawyers-should-be-disbarred.html?mref=6zof&mrefc=3]

Defendant Neal Meridith Pomper was admitted to the Bar during a period of appeal by the Supreme Court of the Second Chamber on 6 May 1981. The Court asked Pomper to state the reasons why a decision should not be taken imposing discipline on him for the misconduct underlying the discipline. imposed by a decision of the Supreme Court of New Jersey filed on October 21, 2020.

The Supreme Court of New Jersey filed on October 21, 2020, Pomper was suspended from law practice in New Jersey for a period of two years, retroactively to September 18, 2019, the date of his temporary suspension.

Pomper and the New York Office of Attorney Ethics (OAE) enforced a provision that in the relevant part, as follows:

The defendant was hired as a lawyer in the state of New Jersey, under the name Neal M. Pomper, in 1982. The defendant’s disciplinary history in New Jersey consists of a private reprimand in 1986, a reprimand in 2004, and a motion of censure. 2009 for having assisted his lawyer with unauthorized legal activities (I re Pomper197 NJ 500, 964 A.2d 299). On 18 September 2019, the defendant was temporarily suspended from the legal profession due to the offense on which this question is based (In re Pomper, 239 NJ 566, 218 A.3d 804), as set forth below.

Defendant presumed to violate the New Jersey Rules of Professional Conduct (hereinafter referred to as NJ RPC) and the New Jersey Rules of Court (hereinafter rule), namely NJ RPC 1.15 (a) (confusion), (d) and Rule 1: 21-6 ( record keeping), NJ RPC 8.4 (b) (criminal act that negatively reflects the lawyer’s honesty, trustworthiness or suitability as a lawyer in other respects), and (c) (conduct involving dishonesty, fraud, deception or misleading information). The basis for the defendant’s violations stemmed from his conviction for, among other things, insurance fraud (according to document no. XIV-2015-0391E) and his poor routines for record keeping and confusion of funds (under document no. IV-2019-0136E).

THE INSURANCE FRAUD

After the defendant’s home was damaged in a flood in 2011, he entered into an agreement with Rivera Remodeling (hereinafter referred to as Rivera) to repair the water damage. At the time, the defendant had homeowners’ insurance with Selective Insurance Company (‘Selective’). Defendant’s employee, Larissa Sufaru, sent Rivera’s alleged invoice for the action to Selective. Sufaru wrote “paid in full” on the invoice to reflect the respondent’s alleged payment of $ 14,000. Selective examined the claim. After learning that Rivera had not prepared the invoice, Selective disputed the defendant’s allegation.

On July 10, 2015, an indictment issued by a Middlesex County grand jury charged the defendant with the following offenses:

  1. third-degree conspiracy to commit insurance fraud;
  2. third-degree insurance fraud;
  3. third-degree attempted theft through fraud;
  4. fourth degree statement; and
  5. fourth degree forgery.

Pumps were found guilty of:

  1. the third-degree conspiracy to commit insurance fraud based on his agreement with Sufaru to create and transfer a fraudulent invoice to Selective to receive insurance funds;
  2. third-degree insurance fraud based on the defendant’s request to Sufaru to create a “false invoice” in order to obtain a benefit from Selective; and
  3. third-degree attempted theft by fraud based on the theory that if Selective had relied on the “false invoice” the defendant would have received money from Selective which he was not entitled to receive.
  4. The defendant was not found guilty of the charge of forgery.

Pomper was eventually sentenced to three simultaneous terms of one year with mandatory fines and avoided imprisonment.

On 28 August 2018 or around 28 August 2018, the OAE audited the defendant’s financial records for the previous 12-month period, revealing the following deficiencies: accounts receivable were not fully descriptive; attorney’s fees were not deposited into the attorney’s business account (hereinafter referred to as the business account); incorrect company account designation; improper lawyer trust account (hereinafter referred to as trust account) incompatible corporate accounts and trust accounts image processed checks; and incorrect electronic transfers from the trust account.

The audit also revealed that on December 28, 2017, the defendant had deposited a check for $ 5,675 in his legal expenses account from the client Thomas Paddock (hereinafter referred to as the Paddock check). On 5 January 2018, the defendant transferred these funds to his company account.

Pomper prescribed that he mix personal and client funds when he deposited the Paddock check in his trust account. He also suggested that he engage in conduct involving dishonesty, fraud, deception or misrepresentation by placing the Paddock check in his trust account in an attempt to “reduce his tax debt for 2017 and benefit from a probably more favorable tax class in 2018”. . ”

Pomper also stipulated that he had been the subject of random reviews of the OAE in 1987 and 2013. He had certified to the OAE on April 10, 2013 that he had corrected the 2013 shortcomings.

The Supreme Court of New Jersey to show cause

On March 18, 2021, the Ninth Judicial Complaints Committee informed the court of Pomper’s discipline in New Jersey. Defendant did not notify the Complaints Committee and the Court of his suspension in 2019 or of the discipline introduced in New Jersey 2020.

To date, the defendant has not responded to the court’s decision to give reasons, has not asserted any defense and has not requested additional time to respond.

Observations and conclusions of the law

Based on the foregoing, the court found that the imposition of mutual discipline was justified based on the discipline imposed by the Supreme Court of New Jersey. In view of the circumstances of this case, the Court concluded that the appropriate sanction is a suspension for a period of two years.

The New York State Bar was kind to Mr. Pomper who admitted that he had been convicted of a crime of moral contempt and of moral rejection by abusing the client’s means, and yet he was not excluded. Although the state may have felt sorry for him since prescribing his error, a lawyer should not be allowed to practice law after being convicted of insurance fraud including creating a false document in support of a false insurance claim.

(c) 2022 Barry Zalma & ClaimSchool, Inc.

Barry Zalma, Esq., CFE, now limits his internship to the position of insurance consultant specializing in insurance coverage, insurance claims handling, insurance misconduct and insurance fraud almost equally for insurers and policyholders. He practiced law in California for more than 44 years as an attorney for insurance coverage and claims management and more than 54 years in the insurance industry. He is available at http://www.zalma.com and zalma@zalma.com.

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