Court Suspends NY Lawyer Who Filed Sealed Info on Felix Sater
Frederick Oberlander, whose use of sealed information from the criminal case against Felix Sater has been probed by courts for years, was ordered suspended from the practice of law for a year by a New York court.
September 13, 2019 at 03:42 PM
3 minute read
Frederick Oberlander, a lawyer who has faced criticism and sanctions for filing suits against the real estate company Bayrock Group that contained information from sealed criminal court filings, was ordered suspended from the New York bar for a year Wednesday.
Oberlander has litigated against Bayrock for nearly a decade but was found by the grievance committee for the Eastern District of New York federal court to have wrongfully used sealed information from the criminal case against businessman and FBI informant Felix Sater. Wednesday's suspension decision, from the Appellate Division, Second Department, was largely based on the federal panel's findings.
The Second Department decision said Oberlander's misconduct included violations of orders that he destroy or turn over the sealed information, efforts to "extort" a settlement from Sater by threatening to file it, and a declaration in which he accused U.S. District Judge Leo Glasser of the Eastern District of New York of presiding over a "star chamber" that trampled over his rights to free speech. Wednesday's decision said Oberlander was notified of its disciplinary proceedings seven months ago, but didn't respond or take part.
"The respondent showed no regret for his behavior," said the Second Department panel. "His aggressive behavior did not consist of an isolated outburst, but rather, a prolonged course of conduct. The respondent's relentless insults and attacks in multiple filings directed at Judge Glasser, Judge [Brian] Cogan, the Eastern District, and the Second Circuit, coupled with his campaign to extort a settlement using improperly obtained materials, constitute undoubtedly serious professional misconduct."
The Second Department panel included Justices Alan Scheinkman, William Mastro, Reinaldo Rivera, Mark Dillon and Ruth Balkin.
The decision by the grievance committee of the Eastern District of New York court that formed the basis for the Second Department's decision Wednesday hasn't actually gone into effect yet. It has been stayed while Oberlander appeals.
According to the Second Department's disciplinary ruling, Oberlander's suspension starts Oct. 11, 2019. In an apparent typo, it said he could apply for reinstatement to the bar starting on a date two months ago. A call to the clerk's office about the reinstatement date wasn't returned.
Reached by phone, Oberlander said he disagreed with the decision and was considering his legal options. He declined to comment further.
Lawsuits brought by and against Oberlander and his clients have drawn press attention over the years for their allegations of racketeering, massive tax evasion and criminal coverups by Sater and other people and entities affiliated with the Bayrock Group.
The litigation gained new attention after President Donald Trump, whose real estate companies reportedly did business with Bayrock, was elected and the Justice Department stepped up its probe of Russian interference in the 2016 election.
Meanwhile, Oberlander faces an investigation by federal prosecutors after a judge referred him to the U.S. Attorney's office for potential criminal contempt charges.
Sater, who communicated with Trump's former lawyer Michael Cohen about the prospect of building a Trump Tower project in Moscow, has spent decades helping U.S. intelligence agencies understand criminal networks in Russia and elsewhere, according to a lengthy investigative report in BuzzFeed News.
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