Patricia Doxsey must have taken the day off at the Daily Freeman. We are used to reading her "slobbering love affair" praise for Mike Hein. Imagine our surprise at Ulster Politics when we read the editorial in the Daily Freeman.PUBLIC TAKES BACK SEAT - from the Daily Freeman, Saturday, May 30, 2009
For the first four months of 2009, under a new charter form of government, Ulster County had a county attorney against whom there was pending disciplinary action so serious that it would lead to the suspension of his license to practice law, though the suspension was stayed.
County Attorney Joshua Koplovitz (pictured to the right) did not inform County Executive Michael Hein until early April about the pending disciplinary case. A few weeks later, according to Hein, after the likelihood of sanctions became obvious to Koplovitz, he submitted his resignation, effective May 1. This was some 18 months after the original disciplinary complaint had been filed. Nary a word about the disciplinary action was announced by either Hein or Koplovitz. As far as the public was concerned, Koplovitz had retired, which may be true, but it’s not exactly the whole story either, is it?
For his part, Koplovitz now freely concedes he and his brother, also an attorney, mishandled a trust fund created by his late uncle for the uncle’s sister. As Koplovitz explains it, the brothers were supposed to fund the trust with about $200,000 from the estate. The trust was to pay the beneficiary $25,000 per year until her death, with the funds remaining in the trust at that time to be split among the brothers and a cousin.
Instead, Koplovitz said, he and his brother purchased a $25,000 lifetime annuity for the aunt and paid out the $200,000 to themselves and their cousin, all without court approval.
“We did wrong and the Appellate Division has said we did wrong,” said Koplovitz. “This is an awful mark on what has been otherwise an ethical and honest career.”
An awful mark, indeed. It wasn’t their money. It wasn’t their option to do whatever with it. And it certainly wasn’t their money to do whatever without court approval. Mind you, these were lawyers, who had to know they were concocting a workaround that didn’t pass the smell test, much less their professional obligations towards the estate or their filial responsibilities to their relations.
That “awful mark” being the case, it’s reasonable to regret that neither Koplovitz nor Hein opted for candor with the public about the status of the people’s lawyer.
At the very least, Koplovitz should have publicly disclosed the pending disciplinary case against himself at the time it was filed in September 2007. The public and the county’s elected legislative representatives should have been given the opportunity to decide for themselves whether they wanted to remain clients or demand some sort of interim arrangement, such as a leave of absence pending resolution of the matter.
Then, when Koplovitz informed Hein of the disciplinary proceeding, the county executive also had an opportunity to come clean with the public about the case, but chose not to do so.
Finally, when Koplovitz resigned, either Koplovitz or Hein could have chosen to clear the air about the disciplinary case. Neither chose to do so.
It seems the public’s interest was the last thing either one considered.
ExposeCorruptCourts.blogspot.com detail the further whitewashing of this case by the court system.
Corrupt Legal Ethics Disparity Alive and Well in New York
Lawyers disciplined for handling of relative's trusts
The Albany Times Union by ROBERT GAVIN - May 22, 2009
ALBANY, NEW YORK -- A retired Albany attorney and his brother with four decades each of legal experience have received 1-year suspensions, but will be able to continue practicing law and must take ethics classes. Sholom Koplovitz, 70, a former Albany lawyer who now lives in Florida, and Joshua Koplovitz, 72, who still practices in Kingston, received stayed suspensions from the Appellate Division in a ruling announced Thursday. "It's serious, but we can continue to practice law," Joshua Koplovitz said when reached by phone this morning. "It was a one time thing ... I know I'll never do anything like that again." The Appellate Division ruling explained the brothers' uncle had "left several monetary bequests" to the brothers, as well as his niece, who is their cousin. His will named the brothers as executors and co-trustees of two trusts. The brothers later set up an annuity, which "accelerated the distribution of the remainder of that trust's funds to themselves and the cousin, contrary to the express terms of the will." Joshua Koplovitz said they did the move so his aunt could receive the "income she was entitled to." He acknowledged it was done without court permission. The aunt fought it. She successfully argued in Onondaga County Surrogate's Court that the brothers had "improperly applied the assets of the estate." The Appellate Division found the brothers were guilty of professional misconduct, but also noted they had made full restitution and there was no money lost to the trust or estate. Neither Koplovitz had a disciplinary record, the decision noted. The brothers "have expressed remorse, and their misconduct clearly appears to have been an aberration rather than part of a pattern of behavior," the decision stated. It immediately suspended the pair, but stayed the suspensions. Instead, it ordered the brothers to complete six credit hours of accredited continuing legal education in ethics and professionalism, in addition to other attorney requirements. Sholom Koplovitz has been a lawyer since 1964, Joshua Koplovitz since 1961.
The Albany Times Union by ROBERT GAVIN - May 22, 2009
ALBANY, NEW YORK -- A retired Albany attorney and his brother with four decades each of legal experience have received 1-year suspensions, but will be able to continue practicing law and must take ethics classes. Sholom Koplovitz, 70, a former Albany lawyer who now lives in Florida, and Joshua Koplovitz, 72, who still practices in Kingston, received stayed suspensions from the Appellate Division in a ruling announced Thursday. "It's serious, but we can continue to practice law," Joshua Koplovitz said when reached by phone this morning. "It was a one time thing ... I know I'll never do anything like that again." The Appellate Division ruling explained the brothers' uncle had "left several monetary bequests" to the brothers, as well as his niece, who is their cousin. His will named the brothers as executors and co-trustees of two trusts. The brothers later set up an annuity, which "accelerated the distribution of the remainder of that trust's funds to themselves and the cousin, contrary to the express terms of the will." Joshua Koplovitz said they did the move so his aunt could receive the "income she was entitled to." He acknowledged it was done without court permission. The aunt fought it. She successfully argued in Onondaga County Surrogate's Court that the brothers had "improperly applied the assets of the estate." The Appellate Division found the brothers were guilty of professional misconduct, but also noted they had made full restitution and there was no money lost to the trust or estate. Neither Koplovitz had a disciplinary record, the decision noted. The brothers "have expressed remorse, and their misconduct clearly appears to have been an aberration rather than part of a pattern of behavior," the decision stated. It immediately suspended the pair, but stayed the suspensions. Instead, it ordered the brothers to complete six credit hours of accredited continuing legal education in ethics and professionalism, in addition to other attorney requirements. Sholom Koplovitz has been a lawyer since 1964, Joshua Koplovitz since 1961.
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What a total joke. Your suspended, but we'll stay that suspension.... Sounds like the old numbers game again. Show a suspension in the 'action' column, but in reality, it really wasn't a suspension.
I know lawyers who've made far less serious mistakes and weren't afforded any 'stay' of suspension.
These brothers know which asses to kiss, I guess.
they should hae lost thier Lic. for good. Most times that they do something like that the are never caught or the person dies and they keep the money.
letting them of so easy sends a message that you should weigh the odds of getting away with the theft not that theft is wrong.
i guess the aunt was old he figured she would never make it
These lawyers should NOT have had the suspension stayed. This is disgraceful. Someone made the phone call that made this happen.
I was disbarred for a lot less, they must be disbarred forever and sanctioned, make them pay money - who did they know? the fix was in on this one!
the two putzs made fullrestitution big deal, what about all the time this took from their sister (how long did all this take?), the aggraavation and the legal fees plus damages? I'll bet the two putza didn't pay a penny in restitution of the legal fees. So they didn't make her whole. Shame on them for stealing from their sister! May they rot in Hell.
It's no secret that the New York Departmental Disciplinary Committee routinely "whitewashes" and dismisses complaints against mainstream white and powerful Attorneys, while hammering the hell out of minority, powerless, and "new immigrant" Attorneys in New York. There is a major double standard in this "DDC Mafia" - if you are brown and an Attorney, they will nail you to the wall on a cross, but if you are white and powerful, or politically connected, you can do anything and get away with anything - they won't even open up a case docket against you, and they will dismiss your Complaint as a Fee Dispute.
It sucks to be a minority lawyer in New York City.
Fueled by the Internet, every nutjob ex-client who don't want to pay their bills or jealous competitor who can't stand to see minority Attorneys doing better than them, can defame and ruin a minority Attorney's business, reputation, and standing in the community.
Websites like www.ripoffreport.com run by Ed Magedson, which allow false and defamatory postings by crazy disgruntled ex-clients or anonymous jealous competitors, while simultaneously tampering with keywords and internet meta-tags so that they stay at the top of all the major Search Engines like Google, can instantly and overnight destroy someone's life's work and reputation. Adding insult to injury, websites like RipOff Report by Ed Magedson charge an extortionate fee by forcing the poor hapless target of defamation to join his "Corporate Advocacy Program," so that they can "fight back" against these fictitious and defamatory postings - I have heard as high as $50,000 a month - and the Feds aren't doing anything about it because website hosters are held completely liable-less due to the protections afforded by the 1996 Law, the Computer Decency Act ("CDA") section 230.
The Internet is completely lawless right now and we can now see the diseased fruits of this lawlessness - people and businesses are getting ruined, families are splitting up, people are committing suicide, judges are getting physically attacked and threatened, and internet extortion rackets are winning the war against good and honest businesses and people - the Devil is literally running amok on the Internet.
Its high time for the Federal Government, the Legislature, US Attorneys, all Attorneys General of all states, and the FBI to get involved and stop this madness.
There has to be accountability for this "Wild West" and out of control nonsense being fueled by an out of control and unregulated Internet, where people and posters,and their equally anarchistic and culpable website hosts, can destroy everything in their path with complete and total immunity through extortion.
THUGGERY AT THE NEW YORK DEPARTMENTAL DISCIPLINARY COMMITTEE, FIRST DEPARTMENT