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In the Matter of Michael J. Vatter, admitted as Michael Joseph Vatter, an attorney and counselor-at-law. (Attorney Registration No. 4182283)

Matter of Vatter

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PER CURIAM — On April 29, 2016, before the Honorable Cathy Siebel in the United States District Court for the Southern District of New York, the respondent pleaded guilty to wire fraud, in violation of 18 USC §1343, a class C felony.As revealed in the indictment, the respondent was previously employed by the City of Newburgh Fire Department in various capacities from 1980 to May 2000, when he retired. In November 2009, after obtaining a law license and practicing law, the respondent returned to serve as the Chief of the City of Newburgh Fire Department. New York’s Retirement and Social Security Law provides that retirees within the New York State and Local Police and Fire Retirement System who return to employment with the State of New York or its political subdivisions can earn up to $30,000 per year before their retirement benefits are suspended, unless a waiver is obtained. The respondent, who received pension benefits from 2000 to July 2014, failed to report to the New York State and Local Police and Fire Retirement System his return to public service or the earnings he received in excess of $30,000. The respondent failed to obtain a waiver of the earnings limit. As a consequence, the respondent received approximately $95,106.15 in pension benefits to which he was not entitled to receive as a result of his scheme. The respondent received pension payments each month by wire transfer from Florida to his bank account in New York.At his plea allocution, the respondent admitted the following:

“I returned to public service after approximately ten years of being in retirement. I took the job, did not obtain the required waiver to move forward. Well, the required waiver that would allow me to continue to receive my entire pension, and I did understand that I needed that waiver. And I just, I didn’t do it.

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