Narrative Opinion Summary
Stanley H. Muss, admitted to practice law in New York on December 18, 1963, was charged with multiple offenses, including first-degree grand larceny. On May 10, 1995, he pleaded guilty to two counts of second-degree grand larceny, classified as class C felonies under New York Penal Law § 155.40. He received a three-year conditional discharge and was ordered to pay $450,000 in restitution on August 13, 1996. The indictment alleged that Muss and his co-defendants created limited partnerships to fraudulently obtain over $8 million from more than 180 investors. The Departmental Disciplinary Committee requested that Muss's name be struck from the role of attorneys under Judiciary Law § 90 (4). Muss acknowledged his conviction and consented to the relief sought. Consequently, the Committee's petition was granted, and Muss's name was stricken from the roll of attorneys in New York, effective December 12, 1996.
Legal Issues Addressed
Conviction and Disbarment under Judiciary Law § 90 (4)subscribe to see similar legal issues
Application: The legal principle of disbarment following a felony conviction is applied when Muss's name is struck from the roll of attorneys after his guilty plea to two counts of second-degree grand larceny.
Reasoning: The Departmental Disciplinary Committee requested that Muss's name be struck from the role of attorneys under Judiciary Law § 90 (4).
Fraudulent Schemes and Legal Consequencessubscribe to see similar legal issues
Application: The indictment against Muss involved fraudulent activities in creating limited partnerships to deceive investors, which underscores the legal consequences of engaging in such fraudulent schemes.
Reasoning: The indictment alleged that Muss and his co-defendants created limited partnerships to fraudulently obtain over $8 million from more than 180 investors.
Guilty Plea and Admission of Convictionsubscribe to see similar legal issues
Application: Muss's guilty plea to second-degree grand larceny and acknowledgment of his conviction facilitated the legal process leading to his disbarment.
Reasoning: He pleaded guilty to two counts of second-degree grand larceny, classified as class C felonies under New York Penal Law § 155.40.
Restitution as Part of Sentencing in Criminal Convictionssubscribe to see similar legal issues
Application: Muss was ordered to pay restitution as part of his sentence, demonstrating the application of restitution orders in criminal cases involving financial crimes.
Reasoning: He received a three-year conditional discharge and was ordered to pay $450,000 in restitution on August 13, 1996.