Appellate Division: Second Judicial Department

E/

M285646

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2022-05289 In the Matter of Jan Douglas Atlas, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Jan Douglas Atlas, respondent. (Attorney Registration No. 1782549)

ORDER TO SHOW CAUSE

Motion by the Grievance Committee for the Tenth Judicial District to strike the respondent's name from the roll of attorneys and counselors-at-law, pursuant to Judiciary Law § 90(4), upon his guilty plea on October 23, 2019, in the United States District Court for the Southern District of Florida to securities fraud, in violation of 18 USC § 77(q)(a) and 77x, a felony. On October 29, 2019, after a hearing on the plea and the plea agreement, the United States District Court for the Southern District of Florida accepted the respondent's guilty plea. 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 17, 1970.

Although the Grievance Committee submits that 18 USC § 77(q)(a) is essentially similar to New York General Business Law § 352-c(5) and (6), which are class E felonies, the record contains no evidence of the respondent's intent to defraud 10 or more persons, or the number of people he obtained property from, or that the criminal conduct occurred "within or from this state" as required by the statute (see People ex rel. Cuomo v. Coventry First LLC, 52 AD3d 345).

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

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

ORDERED that on the Court's own motion, the respondent, Jan Douglas Atlas, is immediately suspended from the practice of law in the State of New York, pursuant to Judiciary Law § 90(4)(f) and 22 NYCRR § 1240.12(c)(2)(ii), 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, Jan Douglas Atlas, shall promptly comply with this Court's rules governing the conduct of disbarred or suspended attorneys (see 22 NYCRR 1240.15); 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, Jan Douglas Atlas, 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 if the respondent, Jan Douglas Atlas, 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 1240.15(f); and it is further,

ORDERED that on the Court's own motion, pursuant to 22 NYCRR 1240.12(c)(2)(i), the respondent, Jan Douglas Atlas, is directed to show cause why a final order of suspension, censure, or disbarment should not be made based on his conviction of a serious crime by uploading a digital copy of an affidavit with the Clerk of the Court, with proof of service upon the Grievance Committee for the Tenth Judicial District, through the digital portal on this Court's website, on or before December 29, 2022; and it is further,

ORDERED that the Grievance Committee for the Tenth Judicial District shall upload a digital copy of a response to the papers filed by the respondent, Jan Douglas Atlas, if any, with proof of service thereof, through the digital portal on this Court's website on or before January 12, 2023; and it is further,

ORDERED that the Clerk of the Court, or her designee, shall serve a copy of this order to show cause on the Grievance Committee for the Tenth Judicial District, via email; and it is further,

ORDERED that the Grievance Committee for the Tenth Judicial District shall serve the respondent, Jan Douglas Atlas, with a copy of this order to show cause pursuant to CPLR 2103(c) and upload proof of service through the digital portal on this Court's website on before November 29, 2022.

LASALLE, P.J., DILLON, DUFFY, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court