Appellate Division: Second Judicial Department

M136210

E/mv

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

MARK C. DILLON

DANIEL D. ANGIOLILLO

SHERI S. ROMAN, JJ.

2011-11171 In the Matter of Robert A. Bertsch, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Robert A. Bertsch, respondent. (Attorney Registration No. 2409456)

DECISION & ORDER ON MOTION

By letter dated November 22, 2011, the Grievance Committee for the Tenth Judicial District advised the Court that the respondent, Robert A. Bertsch, pleaded guilty on May 4, 2009, to Misprison of a Felony, in violation of 18 USC * 4, in the United States District Court for the Eastern District of New York, under Case No. CR-08-740-01. On July 13, 2011, the court sentenced the respondent to incarceration for a period of one month, imposed one year supervised release; and fined him the sum of $50,000, to be paid, in full, within 90 days. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 29, 1991.

The information that formed the basis of the respondent's conviction alleged that, from in or about September 2004 through in or about July 17, 2007, in the Northern District of Oklahoma and elsewhere, he:

having knowledge of the actual commission of a felony cognizable by a court of the United States, to wit: security fraud, in violation of 18 U.S.C. * 1348; and wire fraud, in violation of 18 U.S.C. * 1343, did conceal the same, and did not as soon as possible make known the same to some judge and other person in civil or military authority under the United States.

During the proceedings, the respondent admitted that, during the relevant period, he:

had knowledge of the commission of a federal felony offense, that being securities fraud, being perpetrated by several individuals . . . did not as soon as possible notify law enforcement of this activity . . . took steps to conceal it [and] was aware [that the activity] included the perpetration of false and misleading documents and manipulation of the stock of at least three different entities.

Upon the Court's own motion, and the papers filed by the Grievance Committee, it is

ORDERED that the respondent, Robert A. Bertsch, is immediately suspended from the practice of law pursuant to Judiciary Law § 90(4)(f) as a result of his conviction of a serious crime, continuing until further order of this Court; and it is further,

ORDERED that the respondent, Robert A. Bertch, 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, Robert A. Bertsch, 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 Tenth Judicial District is hereby authorized to institute and prosecute a disciplinary proceeding in this Court, as petitioner, against the respondent, Robert A. Bertsch, based on his conviction of a serious crime; and it is further,

ORDERED that Robert A. Green, Chief Counsel to the Grievance Committee for the Tenth Judicial District, 150 Motor Parkway, Suite 102, Hauppauge, N.Y. 11788, is hereby appointed as attorney for the petitioner in such proceeding; and it is further,

ORDERED that the petitioner Grievance Committee shall serve upon the respondent, Robert A. Bertsch, and the Special Referee and file with this Court a petition within 30 days after receipt of a copy of this decision and order on motion; and it is further,

ORDERED that the respondent, Robert A. Bertsch, shall serve an answer upon the petitioner and the Special Referee, and file the original answer with this Court within 20 days after service upon him of the petition; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred to the Honorable Georgia Tschiember, a retired justice of the First District Court, Suffolk County, Criminal Term, 137 Sunken Meadow Road, Fort Salonga, N.Y. 11768, 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.

MASTRO, A.P.J., RIVERA, DILLON, ANGIOLILLO and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court