Lawyer Convicted of Insurance Fraud Only Suspended for Two Years

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Insurance fraud is considered, universally, as a crime of moral turpitude. Regardless, the New York State Bar was only asked to join with the New Jersey State Bar who suspended a lawyer, after he was convicted for insurance fraud and other wrongful conduct, for two years rather than being disbarred.

In the Matter of Neal Meredith Pomper, an attorney and counselor-at-law. (Attorney Registration No. 1726363); 2022 NY Slip Op 04173; No. 2021-02031; Supreme Court of New York, Second Department (June 29, 2022).

Neal Meridith Pomper was admitted to the Bar in1981. Pomper and the New York Office of Attorney Ethics (OAE) executed a stipulation providing in relevant part, that on September 18, 2019, the respondent was temporarily suspended from the practice of law based on the misconduct underlying this matter (In re Pomper, 239 N.J. 566, 218 A.3d 804), as set forth below.

The respondent stipulated to violating New Jersey Rules of Professional Conduct (hereinafter referred as N.J. RPC). The basis for the respondent’s violations stemmed from his conviction and his poor record-keeping practices and commingling of funds (under Docket No. IV-2019-0136E).

THE INSURANCE FRAUD

After the respondent’s home was damaged in a flood in 2011. The respondent’s employee, Larissa Sufaru, sent Rivera’s purported invoice for the remediation to Selective. As a result
Pomper was found guilty of: third-degree conspiracy to commit insurance fraud based on his agreement with Sufaru to create and transmit a fraudulent invoice to Selective to receive insurance funds; third-degree insurance fraud based upon the respondent having directed Sufaru to create a “phony invoice” for the purpose of obtaining a benefit from Selective; and third-degree attempted theft by deception.

Pomper stipulated that he commingled personal and client funds.

Findings and Conclusions of Law
Based on the foregoing, the court found that the appropriate sanction is a suspension for a period of two years.

ZALMA OPINION

The New York State Bar was kind to Mr. Pomper who admitted to conviction of a crime of moral turpitude and to actions of moral turpitude by misusing client’s funds, and still he was not disbarred. Although the state may have felt sorry for him since he stipulated to his wrongdoing, a lawyer should not be allowed to practice law after being convicted of insurance fraud including creating a false document in support of a false insurance claim.

(c) 2022 Barry Zalma & ClaimSchool, Inc.

Barry Zalma, Esq., CFE, is available at http://www.zalma.com and [email protected].

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