Appellate Division: Second Judicial Department

M297807

KS/

MARK C. DILLON, J.P.

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY

JOSEPH J. MALTESE, JJ.

2024-00031 In the Matter of Jason M. Wolf, an attorney and counselor-at-law. Grievance Committee for the Ninth Judicial District, petitioner; Jason M. Wolf, respondent. (Attorney Registration No. 4101184)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Ninth Judicial District to immediately suspend the respondent from the practice of law, pursuant to 22 NYCRR 1240.9 (a)(2) and (5), upon a finding that he is guilty of professional misconduct immediately threatening the public interest, and to refer the issues raised to a Special Referee, to hear and report. The Grievance Committee served and filed a notice of petition dated January 2, 2024, and a verified petition, dated December 21, 2023, and the respondent served and filed a verified answer dated February 7, 2024. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the First Judicial Department on December 16, 2002.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

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

ORDERED that pursuant to 22 NYCRR 1240.9(a)(2) and (5), the respondent, Jason M. Wolf, 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, Jason M. Wolf, shall comply with this Court's rules governing the conduct of disbarred, suspended attorneys or resigned 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, Jason M. Wolf, 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, Jason M. Wolf, 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 the issues raised are referred to David I. Ferber, Esq., c/o Ferber Essner & Coller, LLP, One Grand Central Place, Suite 4700, New York, NY 10165, as Special Referee, to hear and report, with the hearing to be completed within 60 days of the date of this decision and order, or as soon as practicable, and to submit a report, which contains the Special Referee's findings on the issues and charges, within 60 days after the conclusion of the hearing or the submission of post-hearing memoranda.

Discussion

We find, prima facie, that the respondent, Jason M. Wolf, is guilty of professional misconduct immediately threatening the public interest based on his admissions under oath and uncontroverted evidence that he, inter alia, misused his escrow account to shield personal funds from creditors, made improper cash withdrawals from his escrow account, permitted non-signatories to make withdrawals from his escrow account, and failed to maintain a ledger book or similar record for his escrow account.

The Grievance Committee commenced an investigation against the respondent related to an escrow account that he maintained at Citibank, entitled "Jason M. Wolf, Attorney at Law Attorney Trust Account - IOLA" (hereinafter "escrow account"). The bank records for the respondent's escrow account and his admissions during his examination under oath (hereinafter "EUO") before the Grievance Committee on October 20, 2023, confirm that between on or about August 1, 2020, and on or about August 31, 2022, the respondent deposited personal funds consisting of earned legal fees, New York State unemployment insurance benefits, economic impact stimulus payments, gambling winnings, brokerage account sales, and loans against life insurance policies, into his escrow account. During the same period, the respondent made approximately 86 cash withdrawals from his escrow account and approximately 680 withdrawals from his escrow account using PayPal, a third-party electronic fund service.

The respondent further admitted during his EUO that he shielded personal funds from creditors by depositing personal funds into his escrow account and that funds from his escrow account were used to pay for personal expenses to companies such as TD Ameritrade, Gaming Funds, Lyft, DraftKings, DIRECTV, StubHub, Netflix, Hulu, Peacock, Apple.com, Geico, UberEats, Google, Playstation, Disney Plus, Universal, Fandango, DoorDash, E-ZPass violations, St. Jude's, tuition at St. Theresa's, Grubhub, Verizon Wireless, and MetLife Life Insurance. The respondent linked his Amazon account to his escrow account, allowing Amazon to withdraw funds from the escrow account when his stepsons ordered a movie from Amazon. The respondent also admitted during his EUO that he kept no ledger for his escrow account.

Conclusion

We find that the Grievance Committee has sufficiently demonstrated that the respondent poses an immediate threat to the public interest for his conduct in violating the rules governing the maintenance and use of an attorney's escrow account.

Based upon the foregoing, the Grievance Committee's motion is granted, the respondent is immediately suspended from the practice of law, pursuant to 22 NYCRR 1240.9(a)(2) and (5), pending further order of this Court, and the matter is referred to a Special Referee to hear and report.

DILLON, J.P., DUFFY, BARROS, CONNOLLY and MALTESE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court