May 20, 2008
EOIR Announces Latest Disciplinary Actions Under Rules
of Professional Conduct
Seven Attorneys
Immediately Suspended and Ten Receive Final Orders
FALLS
CHURCH, Va. – The Executive Office for Immigration Review (EOIR) has
recently taken disciplinary action against 17 attorneys for violations of the
Rules of Professional Conduct for immigration practitioners. >
EOIR
announces these disciplinary actions to inform the public about practitioners
who are no longer authorized to represent clients before an immigration
tribunal. In most cases, EOIR has disciplined the practitioner based on a
sanction imposed by another jurisdiction or a criminal conviction.
Disciplinary
proceedings begin when the Office of the General Counsel of either EOIR or the
U.S. Citizenship and Immigration Services, Department of Homeland Security
(DHS), files a Notice of Intent to Discipline with EOIR’s Board of
Immigration Appeals (BIA). The disciplinary action can result in the
suspension or expulsion of a practitioner before the immigration courts, the
BIA, and DHS. Attorneys who are suspended or expelled must be reinstated
by the BIA before they can resume the practice of law before the BIA, the
immigration courts, and DHS.
EOIR
has recently taken the following disciplinary actions:
Immediate Suspensions
The BIA ordered the immediate suspension of the following
attorneys:
-
William T. Jebb, II: He was suspended from the practice
of law in New York for 6 months for multiple violations of the state rules of
professional conduct, including: misappropriation of funds, engaging in a
pattern of professional misconduct that adversely reflected on his fitness as a
lawyer, and engaging in conduct involving dishonesty,
fraud, deceit, or misrepresentation. He was immediately suspended by the BIA
on April 9, 2008, based on his 6-month suspension in New York, pending final
disposition of his case.
- Richard G. Hackwell: He was disbarred from the
practice of law in Utah for multiple violations of the state rules of
professional conduct, including: failure to communicate, failure to diligently
represent clients, and failure to return unearned fees. He was immediately
suspended by the BIA on April 16, 2008, based on his disbarment in Utah,
pending final disposition of his case.
- Charles R. Marcus: He was suspended and ultimately
resigned from the practice of law in New Mexico for failing to cooperate with
disciplinary counsel’s investigation, misappropriating funds, and neglecting an
immigration matter. He was immediately suspended by the BIA on April 9, 2008,
based on his suspension and ultimate resignation in New Mexico, pending final
disposition of his case.
- Sheldon H. Kronegold: He resigned and was ultimately
disbarred from the practice of law in New York for multiple violations of the
state rules of professional conduct, including allegations that he aided a
disbarred lawyer in the unauthorized practice of law. He was immediately
suspended by the BIA on April 15, 2008, based on his resignation and ultimate disbarment in New York, pending
final disposition of his case.
- Victor Mba-Jonas: He was suspended from the practice
of law in Maryland, Virginia, and the District of Columbia for multiple
violations of the Maryland rules of professional conduct, including rules
regarding the safekeeping of property, trust account irregularities, and conduct
prejudicial to the administration of justice. He was immediately suspended by
the BIA on April 25, 2008, based on his suspensions in Maryland, Virginia, and
the District of Columbia, pending final disposition of his case.
- Raghubir K. Gupta: He was convicted in the United States District Court for the Southern District of New York for willfully causing the subscription of an immigration document containing a material false
statement and presenting an immigration document containing a false statement.
He was immediately suspended by the BIA on May 7, 2008, based on the
conviction, pending final disposition of his case.
- Vahid A. Shariati: He was temporarily suspended from
the practice of law in the District of Columbia for posing a substantial threat
of serious harm to the public. He was immediately suspended by the BIA on May
7, 2008, based on his temporary suspension in the District of Columbia, pending
final disposition of his case
Final Orders of Discipline
-
Walter P. Bubna: A final order of March 13, 2008,
suspends him from practice before immigration tribunals for 6 months, effective
Feb. 12, 2008, based on his 6-month suspension in Ohio.
- Carl M. Weideman, III: A final order of March 13,
2008, suspends him from practice before immigration tribunals for 4 years,
effective Feb. 12, 2008, based on his 4-year suspension in Michigan.
- Rosalind A. Kelly: A final order of March 20, 2008,
suspends her from practice before immigration tribunals for 2 years, effective
Dec. 14, 2007, based on her 2-year suspension in Texas.
- William Shaw Carpenter: A final order of March 26,
2008, suspends him indefinitely from practice before immigration tribunals,
effective Feb. 12, 2008, based on his interim suspension in Iowa.
- Noel L. Lippman: A final order of March 26, 2008,
suspends him from practice before immigration tribunals for 1 year, effective
Feb. 29, 2008, based on his 1-year suspension in Michigan.
- Ande Abraha: A final order of April 15, 2008, expels him from practice before immigration tribunals, effective Feb. 12, 2008, based
on his suspension in New York and his disbarment in New Jersey
- .Angel O. Cruz: A final order of April 9, 2008,
suspends him from practice before immigration tribunals for 3 months, effective
Feb. 29, 2008, based on his 3-month active suspension in Texas.
- Albert S. Lefkowitz: A final order of April 11, 2008, suspends him from practice before immigration tribunals for 3 months,
effective Feb. 26, 2008, based on his 3-month suspension in New York.
- Richard A. Williams: A final order of April 2, 2008,
suspends him from practice before immigration tribunals for 4 years and 9
months, effective May 29, 2003, based on his 4-year 9-month suspension in
Connecticut.
- Hani Alex Azzam: A final order of May 7, 2008,
suspends him indefinitely from practice before immigration tribunals, effective
March 26, 2008, based on his conviction in Michigan’s 22nd Judicial
Circuit Court of three felony counts of stealing, retaining, or using
a financial instrument device without consent. He was previously suspended by
the BIA on March 26, 2008, based on his conviction.
Background
The Rules of Professional Conduct appear in Title 8 of the Code of Federal Regulations (8 CFR Parts 1003 and 1292). They include provisions specifying grounds for disciplinary action, requirements for receiving and investigating complaints, and procedures for conducting hearings. The rules also authorize the BIA to suspend immediately a practitioner who has been subject to disbarment, suspension, or resignation with an admission of misconduct as imposed by a federal or state court, or who has been convicted of a serious crime, pending a summary proceeding and final sanction. The Rules of Professional Conduct are available
at http://www.usdoj.gov/eoir/vll/fedreg/2000_2001/fr27jn00R.pdf.
A “List of Disciplined Practitioners” is available at http://www.usdoj.gov/eoir/profcond/chart.htm. In an effort to provide more detailed information about individual attorney discipline cases, every immediate suspension or final order issued can be accessed through this list by clicking on the highlighted “date” link.
Additional information about the Attorney Discipline Program can be found
at http://www.usdoj.gov/eoir/press/00/
profcond.htm and http://www.usdoj.gov/eoir/press/00/profcondfaks.htm on the EOIR website.
- EOIR -
EOIR, an agency within the Department of Justice, is responsible for adjudicating immigration cases. Specifically, under delegated authority from the Attorney General, EOIR
interprets and administers federal immigration laws by conducting immigration court
proceedings, appellate reviews, and administrative hearings. EOIR consists of three components: the Office of the Chief Immigration Judge, which is responsible for managing the
numerous immigration courts located throughout the United States where immigration judges
adjudicate individual cases; the Board of Immigration Appeals, which primarily conducts appellate reviews of immigration judge decisions; and the Office of the Chief Administrative Hearing Officer, which adjudicates immigration-related employment cases. EOIR is committed to providing the fair, expeditious, and uniform interpretation and application of immigration law in all cases.