Appellate Division: Second Judicial Department

M129136

E/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

DANIEL D. ANGIOLILLO, JJ.

2011-07022 In the Matter of Yountae Yoo, an attorney and counselor-at-law. (Attorney Registration No. 2813566)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Second, Eleventh and Thirteenth Judicial Districts (1) to suspend the respondent from the practice of law, pursuant to 22 NYCRR 691.4(l)(1)(i) and (iii), upon a finding that he is guilty of professional misconduct immediately threatening the public interest based on his failure to comply with the lawful demands of the Grievance Committee's investigation of complaints against him and other uncontroverted evidence of professional misconduct; (2) to authorize the Grievance Committee to institute and prosecute a disciplinary proceeding against the respondent based upon the allegations set forth in a petition dated August 2, 2011; (3) to direct the respondent to answer the petition; (4) to refer the issues raised to a Special Referee to hear and report; and (5) to direct that service of all further papers upon the respondent in this proceeding be effected by affixing them to the door at 35-51 162nd Street, Flushing, N.Y. 11358, and the outer door at 194-02 Northern Boulevard, Suite 208, Flushing, N.Y. 11358, and by mailing them to those addresses by first class mail. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 25, 1997.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that pursuant to 22 NYCRR 691.4(l)(1)(i) and (iii), the respondent, Yountae Yoo, is immediately suspended from the practice of law in the State of New York, pending further order of the Court; and it is further,

ORDERED that the respondent shall promptly comply with this Court's rules governing the conduct of disbarred, suspended, and resigned attorneys (see 22 NYCRR 691.10); and it is further,

ORDERED that pursuant to Judiciary Law § 90, during the period of suspension and until further order of this Court, the respondent, Yountae Yoo, is commanded to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding himself out in any way as an attorney and counselor-at-law; and it is further,

ORDERED that the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts is hereby authorized to institute and prosecute a disciplinary proceeding in this Court, against Yountae Yoo, based on the petition dated August 2, 2011; and it is further,

ORDERED that Diana Maxfield Kearse, Chief Counsel, Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, Renaissance Plaza, 335 Adams Street - Suite 2400, Brooklyn, N.Y. 11201-3745, is hereby appointed as attorney for the petitioner in such proceeding; and it is further,

ORDERED that within 20 days after service upon him of a copy of this decision and order on motion, the respondent, Yountae Yoo, shall serve an answer upon the petitioner and the Special Referee, and shall file the original answer with this Court; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred to Honorable Stella Schindler, a former New York City Family Court Judge, 63 East Ninth Street, #8J, New York, N.Y. 10003, as Special Referee to hear and report, together with her findings on the issues, and to submit a report within 60 days after the conclusion of the hearing or the submission of post-hearing memoranda; and it is further,

ORDERED that if the respondent, Yountae Yoo, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 691.10(f); and it is further,

ORDERED that service of all papers upon the respondent in this proceeding shall be effected by affixing the papers to the door at 35-51 162nd Street, Flushing, N.Y. 11358, and the outer door at 194-02 Northern Boulevard, Suite 208, Flushing, N.Y. 11358, and by mailing the papers to those addresses, by first class mail.

We find, prima facie, that the respondent is guilty of professional misconduct immediately threatening the public interest based upon his failure to cooperate with the investigation of the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts (hereinafter the Grievance Committee) and other uncontroverted evidence of professional misconduct.

From July 2010 to December 2010, the Grievance Committee received seven complaints of professional misconduct against the respondent from the following clients: (1) Moon H. Hwang, (2) Man Shan Sally Chow and Mei Chun Chan, (3) Rachel DeGregoria, (4) Kookhee Han, (5) Berish Schvimmer and Lipa Wollner, (6) Uh A. Cho, and (7) Ok Dong Park and Chun Hwa Park. The complaint from Moon H. Hwang alleged, inter alia, that the respondent was required to maintain $5,000 in escrow in connection with the sale of the complainant's nail salon, and that the complainant has been unable to reach him. The complaint from Man Shan Sally Chow and Mei Chun Chan alleged, inter alia, that the respondent received $70,000 in escrow from them as a down payment on a contract to sell real property and that the respondent was unreachable. The complaint from Rachel DeGregoria alleged, inter alia, that the respondent issued her a check in the amount of $36,200 representing proceeds from the sale of real property and that the check was dishonored for insufficient funds. The complaint from Kookhee Han alleged, inter alia, that the respondent received $400,000 in escrow pursuant to a contract for the sale of a school owned by Ms. Han and her husband. Although the respondent thereafter released $100,000, the remaining $300,000 of the Hans ' money is unaccounted for and the respondent cannot be reached. The complaint from Berish Schvimm and Lipa Wollner alleged, inter alia, that they had given the respondent $235,000 to hold in escrow as a down payment on a real estate contract, and that they were entitled to a refund because the contract was cancelled. The respondent has not responded to their inquiries and his phone is disconnected. The complaint from Uh A. Cho alleged, inter alia, that the respondent had abandoned an immigration matter. The complaint from Ok Dong Park and Chun Hwa Park alleged, inter alia, that the respondent received $70,000 in escrow representing the down payment on a contract to sell their home to Man Shan Chow and Mei Chun Chan. The Parks claim that they are entitled to the $70,000, but the respondent's former law partner, Young Min Kim, Esq., advised them that the respondent took their $70,000 and went to Korea.

Although provided copies of the complaints by individual letters sent on various dates, and directed to submit a written answer to each of the complaints within 10 days of receipt of each of the letters, the respondent failed to submit an answer or request additional time in which to do so with respect to all seven complaints.

On August 31, 2010, Louis Romaine, an investigator for the Grievance Committee, went to the respondent's residence at 35-51 162 Street, Flushing, N.Y. 11358 in an attempt to hand-deliver correspondence. There, a woman who identified herself as the respondent's wife told Mr. Romaine that her husband might have gone to South Korea. That same day, and again on February 17, 2011, Mr. Romaine went to the respondent's office at 194-02 Northern Blvd., Suite 208, Flushing, N.Y., and found it vacant.

By letters dated March 29, 2011, and June 9, 2011, sent via first class mail and certified mail, the respondent was directed to appear at the Grievance Committee's office for an examination under oath on April 13, 2011, and June 22, 2011, respectively. He failed to appear, request an adjournment or contact the Grievance Committee in each instance. The letters sent certified mail were returned by the U.S. Postal Service marked "unable to forward."

The Grievance Committee subpoenaed the records for the respondent's escrow accounts at HSBC and TD Bank. The respondent was the sole signatory on both accounts. According to the TD Bank records, on or about April 14, 2010, the respondent deposited two checks totaling $6,800 into his TD Bank escrow account related to the transaction with his client, Moon Hwang. He was required to maintain $5,000 of those funds in escrow for 60 days from April 28, 2010. By May 6, 2010, the balance in the account had been depleted to $1,075. On or about May 21, 2010, the respondent issued check no. 1046 from his TD Bank escrow account in the amount of $36,200 representing real estate proceeds belonging to Rachel DeGregoria. When presented for payment, the check was dishonored for insufficient funds.

According to the HSBC Bank records, on or about March 16, 2010, the respondent deposited $400,000 into his HSBC account from Kookhee Han, in connection with the sale of a school. After releasing $100,000 of those funds to Kookhee Han on or about March 23, 2010, the respondent was required to maintain the remaining $300,000 until at least July 2010. Moreover, on or about May 3, 2010, the respondent deposited $70,000, representing a down payment, into his HSBC escrow account from Man Shan Sally Chow and Mei Chun Chan. He was required to hold that sum until June 30, 2010. By May 28, 2010, the balance in the respondent's HSBC escrow account fell to $26.83.

As an attorney, the respondent is required to re-register with the Office of Court Administration by filing a biennial registration within 30 days of his birthday, pursuant to Section 468-a of the Judiciary Law and Part 118.1 of the Rules of the Chief Administrator of the Courts. The respondent failed to re-register for 2009-2010 and 2010-2011. By letter dated July 30, 2010, the Grievance Committee requested that the respondent submit an answer to a sua sponte investigation of his failure to re-register as an attorney, within 10 days of his receipt thereof, and to provide proof of his re-registration within 45 days. To date, the respondent has failed to submit an answer, re-register, or request additional time in which to do so.

The proposed petition contains three charges of professional misconduct alleging that the respondent has engaged in a pattern and practice of failing to cooperate with the Grievance Committee's investigation of complaints of professional misconduct filed against him; engaged in a pattern and practice of misappropriating funds entrusted to him as a fiduciary, incident to the practice of law; and failed to re-register as an attorney with the Office of Court Administration, in violation of rule 8.4(c), 8.4(d), 8.4(h) and 1.15(a) of the Rules of Professional Conduct (22 NYCRR 1200.0). An order for substituted service was signed by Presiding Justice Prudenti on August 9, 2011, with respect to service of the order to show cause and the papers upon which it was granted. The respondent was served with a copy of the order to show cause, and all attached papers, in accordance with the preceding order. To date, the respondent has neither submitted a response to the motion nor requested additional time in which to do so.

Based on the foregoing, the Grievance Committee's motion is granted, the respondent is immediately suspended from the practice of law, pursuant to 22 NYCRR 691.4(l)(1)(i) and (iii), pending further order of this Court, the Grievance Committee is authorized to institute and prosecute a disciplinary proceeding against him, the matter is referred to a Special Referee to hear and report, and substituted service is authorized.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and ANGIOLILLO, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court