Attorney Discipline: In the Matter of Shamai Leibowitz

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Appellate Division, Third Department

Attorney Discipline

In the Matter of Shamai Leibowitz
D-13-10

Background: The respondent was admitted to practice by the court in 2008. He resides in Silver Springs, Md. and was employed by the FBI as a linguist. On Dec. 17, 2009, he pleaded guilty in the U.S. District Court for the District of Maryland to an information charging him with disclosure of classified information, in violation of 18 USC §798(a)(3), a federal felony. According to the plea agreement, the respondent provided classified information to an individual who hosted a public Internet blog, resulting in intelligence sources and methods being compromised. The petitioner moves pursuant to Judiciary Law §90(4)(f) to suspend the respondent from the practice of law based on his conviction of a serious crime, until a final order of discipline is entered after the respondent is sentenced in federal court. The respondent acknowledges that he was convicted of a serious crime, but requests his interim suspension to be set aside for good cause.

Ruling: The petitioner’s motion is granted. The respondent was convicted of a serious crime as defined in Judiciary Law §90(4)(d) and his interim suspension is required. Given the nature of the respondent’s offense, allowing him to continue to practice is not “consistent with the maintenance of the integrity and honor of the profession, the protection of the public [or] the interest of justice.” The court denies his request to set aside the interim suspension.

Michael K. Creaser of the Committee on Professional Standards for the petitioner, and Richard M. Asche of Litman, Asche & Gioiella LLP for the respondent