NJ Attorney Disbarred for 'Total Lack of Moral Fiber' After Federal Conviction
"Standing alone, respondent's criminal participation in the advanced fee scheme compels his disbarment," stated the DRB decision.
November 18, 2022 at 10:33 AM
4 minute read
Legal Ethics and Attorney DisciplineNew Jersey attorney Albert O. Grant II has been disbarred following his guilty plea and criminal conviction in New York for his role in an advanced fee scheme that caused victims at least $4.8 million in losses and for betraying a longtime friend of more than $300,000 in entrusted funds.
Between 2014 and 2019, Grant and five co-conspirators engaged in an advanced fee scheme, according to a Disciplinary Review Board decision. An advanced fee scheme involves a victim paying money to someone in order to receive something of greater value. In this case, the victims sought "stand-by letters of credit," or SBLCs, from financial institutions. The group managed to illegally obtain at least $4.8 million from its victims.
The conspirators would issue a victim a fake SBLC in the name of a fake bank for a significant, advanced fee, according to the decision. Grant's role was as the "escrow agent." He deposited victims' advanced fees into his attorney trust account and would execute an "escrow agreement" signed by the victim, Grant and one of the other co-conspirators. The agreement promised that no funds would be disbursed until the victim received the SBLC.
According to the decision, Grant would then immediately transfer the advanced fee to his co-conspirators and lie to the victims about the status of their funds. A co-conspirator would falsify bank records in Grant's name to "placate anxious victims about that status of their advanced fees." The co-conspirators would then use the Society for Worldwide Interbank Financial Telecommunication (SWIFT) to send the falsified SBLC's to legitimate banks.
Grant was paid about $160,000 over five years for his role in the scheme, the decision said. He was arrested by U.S. mMarshals on Feb. 26, 2019. After his arrest, Grant cooperated with the investigation of his co-conspirators conducted by federal agents.
The DRB decision further revealed that Grant admitted three incidents of the misappropriation of client funds to federal agents. Additionally, in 2017, Grant stole $316,699.08 in closing funds from his longtime friend and fellow attorney. Grant admitted liability for the stolen funds on Dec. 13, 2018, in U.S. District Court for the Southern District of New York but stated that he did not have the resources to repay the funds.
As a result of his involvement in the advanced fee scheme and the theft of his friend's funds, Grant was charged with one count of conspiracy to commit wire fraud and two counts of wire fraud in the Southern District of New York. According to the DRB decision, Grant would feign medical conditions to "delay his cooperation."
"More egregiously, respondent also submitted to the SDNY a false certification, from one of his co-conspirators in the advanced fee scheme, wherein the coconspirator misrepresented that he had a legitimate claim to the funds in respondent's frozen ATA," stated the decision. "Respondent's obstructive behavior caused the SDNY to threaten respondent with sanctions to compel his cooperation."
District Judge Paul A. Engelmayer sentenced Grant to 14 days of imprisonment and three years of supervised release.
Grant was suspended from the practice of law in New Jersey on April 29, 2020.
"Standing alone, respondent's criminal participation in the advanced fee scheme compels his disbarment," stated the decision. "Moreover, the Court has found that attorneys who commit crimes that are serious or that evidence a total lack of 'moral fiber' must be disbarred to protect the public, the integrity of the bar, and the confidence of the public in the legal profession."
"He not only defrauded victims of millions of dollars in the advanced fee scheme," stated the decision, "but he also betrayed the trust of his longtime friend, and client, by knowingly misappropriating $316,699.08 of his entrusted funds."
"Thus, to protect the public and preserve confidence in the bar, and consistent with New Jersey disciplinary precedent, we determine to recommend to the Court that respondent be disbarred," concluded the decision.
A New Jersey Supreme Court order filed Nov. 14, 2022, ordered Grant disbarred effective immediately and permanently restrained and enjoined him from practicing law.
Grant appeared pro se and did not immediately return a call seeking comment.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllThe Narrow Path Back From Disbarment: 'You Have to Really Want to Be a Lawyer Again'
5 minute read2024 Continuing Legal Education Attorney Ineligible List and In-House Counsel Ineligible List
'No One to Teach Me': How an Attorney Working From Her Dining Room Table Helped Create Path Back for Disbarred Attorneys
6 minute readWe Applaud NJ Supreme Court's Balanced Rules for Reinstatement of Disbarred Attorneys
4 minute readTrending Stories
- 1Which Outside Law Firms Are Irreplaceable, and Which Should Have Gotten the Ax Years Ago?
- 2Two Tesla Shareholder Cases in Del. Chancery Court Consolidated
- 3Your Opinion Matters: Annual Managing Partner Survey
- 4Civility for the New Generation
- 5The Future of Law: Harnessing AI Without Compromising Integrity
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250