Former Sullivan & Cromwell partner John O’Brien, who is currently serving a two-year prison sentence for failing to pay millions of dollars in taxes, has been suspended by the Appellate Division, First Department. The action is automatic pursuant to Judiciary Law §90(4)(f), which requires that an attorney be suspended upon his conviction of a serious crime, even if it is not a felony. The court ordered O’Brien to show cause before a hearing panel of the departmental disciplinary committee why there should not be a final order of censure, suspension or disbarment against him. The panel will hold a hearing within 90 days of O’Brien’s release from prison.
O’Brien pleaded guilty in August 2011 to four misdemeanor counts: two counts each of failing to file income tax returns and failing to pay income taxes. He was sentenced in January and also ordered to pay $2.87 million in restitution by Southern District Magistrate Judge Henry Pitman (NYLJ, Jan. 12).
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