Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Seri

Supreme Court of New Jersey

January 17, 2018

IN THE MATTER OF GNOLEBA REMY SERI AN ATTORNEY AT LAW

          Argued: October 19, 2017

         Disciplinary Review Board District Docket No. XIV-2017-0073E

          Eugene A. Racz appeared on behalf of the Office of Attorney Ethics.

          Respondent appeared pro se.

          DECISION

          Bonnie C. Frost, Chair.

         To the Honorable Chief Justice and Associate Justices of the Supreme Court of New Jersey.

         This matter was before us on a motion for final discipline filed by the Office of Attorney Ethics (OAE), pursuant to R. 1:20-13(c)(2). On June 29, 2016, respondent entered a guilty plea in the United States District Court, Southern District of New York, to one count of fraud and misuse of visa, permits, and other documents, in violation of 18 U.S.C. §§ 2 and 1546(a). The OAE recommended imposition of a two-year prospective suspension. Respondent requested a shorter period of suspension, or, in the alternative, that the two-year period of suspension be imposed retroactive to December 21, 2016, the date on which the Board of Immigration Appeals suspended him.

         For the reasons set forth below, we determined to grant the motion for final discipline and impose an eighteen-month prospective suspension.

         Respondent earned admission to the New Jersey bar in 2001 and to the New York bar in 2002. He has no history of discipline in New Jersey. On December 21, 2016, as a consequence of his conviction in federal court, respondent was indefinitely suspended from the practice of law before the Board of Immigration Appeals, the Immigrations Courts, and the Department of Homeland Security.

         On June 29, 2016, before the Honorable Alison J. Nathan, U.S.D.J., respondent entered a guilty plea to one count of fraud and misuse of visa, permits, and other documents, contrary to 18 U.S.C. §§ 2 and 1546(a). Respondent entered his guilty plea pursuant to an Information, thus, voluntarily waiving his right to an indictment by a grand jury. Specifically, the Information alleged that respondent, from October 2012 through April 2015, "submitted falsified and forged 1-864 Forms in support of applications for immigration visas and for legal permanent resident status.” [1]

         During his sparse allocution before the court, respondent admitted that, "from October 2012 through April 2015, in Manhattan, I knowingly submitted falsified 1-864 forms in support of applications for immigration visas." He added that, "I know what I did was wrong, and I'm very sorry."

         On October 28, 2016, at sentencing, the government requested the imposition of a ten to sixteen-month prison term, citing, in aggravation, respondent's trusted status as an attorney; his abuse of both that trust and his specialized skills, whereby he wrongfully exploited his access to the victims' tax records, social security numbers, and other identifying information; the extended length of time that his misconduct spanned; and the impact of his conduct on public faith in the immigration system.

         In turn, respondent's defense counsel stressed that respondent"s crime did not result in any negative financial impact on the victims; that respondent did not commit the crimes for pecuniary gain; that respondent enjoyed a reputation for good character, and had, himself, been granted political asylum in our country after being imprisoned and tortured; and that respondent's crime had no impact on the safety and security of our nation, noting that he did not submit false information about the identities of the applicants seeking to immigrate, but, rather, fabricated the applicants' financial support structure by reusing financial sponsor information entrusted to him in connection with prior, legitimate immigration applications.

         Judge Nathan sentenced respondent to time served, two-years' supervised release (federal probation), to include a twelve-month period of home confinement, one hundred hours' community service, and mandatory fines and penalties; no restitution was imposed, as the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.