Ex-Sullivan partner quits Bar over billing fraud
A former Sullivan & Cromwell partner has resigned from the New York Bar for billing his clients and firm more than $500,000 (£270,000) in fraudulent travel and entertainment expenses, reports the New York Law Journal. Carlos Spinelli-Noseda, a banking and finance specialist who joined Sullivan in 1994 and became a partner in 2003, is facing a disciplinary investigation over a pattern of improper billing dating from July 1998 to February 2008.In a 3 June affidavit of resignation, Spinelli-Noseda admitted he could not successfully defend himself against charges of professional misconduct. Such resignations are frequently tendered when further proceedings are almost certain to lead to disbarment.
September 24, 2008 at 08:39 AM
3 minute read
A former Sullivan & Cromwell partner has resigned from the New York Bar for billing his clients and firm more than $500,000 (£270,000) in fraudulent travel and entertainment expenses, reports the New York Law Journal.
Carlos Spinelli-Noseda, a banking and finance specialist who joined Sullivan in 1994 and became a partner in 2003, is facing a disciplinary investigation over a pattern of improper billing dating from July 1998 to February 2008.
In a 3 June affidavit of resignation, Spinelli-Noseda admitted he could not successfully defend himself against charges of professional misconduct. Such resignations are frequently tendered when further proceedings are almost certain to lead to disbarment.
In his affidavit, Spinelli-Noseda said his misconduct typically involved characterising personal travel and entertainment expenses as either client-related or business development.
Permitted by clients to fly first class on international flights, Spinelli-Noseda said he sometimes flew economy or business class, pocketing the difference from the first-class fare he would invoice.
To claim personal meals and lodging as business development expenses, Spinelli-Noseda said he would sometimes "list the names of business colleagues who were not actually present at these events and collect reimbursement from the firm for expenses that the firm would not have paid had it known the truth."
In some cases, Spinelli-Noseda said, he submitted expenses for flights he did not take and meals he never ate.
"I acknowledge that my actions violated the New York Lawyer's Code of Professional Responsibility, inasmuch as my conduct constituted dishonesty, fraud, deceit and misrepresentation," he stated, "and my conduct adversely reflects on my fitness and integrity as a lawyer."
Spinelli-Noseda stepped down from his position at Sullivan in March. In a statement the firm said: "Upon discovery, the matter was promptly referred to the appropriate authorities. The firm fully co-operated with those authorities, contacted affected clients and made restitution."
Though based in New York, Spinelli-Noseda specialised in Latin-American transactions and was regarded as one of the region's top deal lawyers. He said in his affidavit that his conduct affected five clients. Spinelli-Noseda has previously represented a variety of US and Latin-American financial institutions, as well as companies operating in the region.
Spinelli-Noseda's lawyer, John Harris of Stillman Friedman & Shechtman, said his client "deeply regrets" his conduct and had pledged to repay the firm.
"In co-operation with his former law firm, he has fully identified all of his improperly submitted expenses and is working to make all appropriate restitution," said Harris.
Spinelli-Noseda is the latest partner at a major firm to engage in expense fraud.
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