I already wrote on this blog that in January of 2013 a disciplinary charge was launched against me by the Appellate Division Third Department Professional Conduct Committee stating that I, as an attorney representing clients, did not appear at a deposition in a named court case, did not provide an explanation as to why I did not appear, did not answer a subsequent motion to strike and for a default judgment and thus caused the default judgment.
As described, the charge portrays gross neglect of the client.
The court records of that named case clearly show that:
(1) the deposition was held on September 15, 2008 when I was not an attorney and could not be required to appear for clients as an attorney in a court case;
(2) that the motion to strike was made on December 9, 2008, simiarly when I was not an attorney.
I provided a copy of the transcript of the deposition with the above date to:
(1) Attorney Discipliary Committee of the 3rd Department;
(2) the Appellate Division Third Department court;
(3) The U.S. District Court of the Northern District court where the disciplinary case was initially removed
(4) The New York State Attorney General's office representing the disicplinary authorities
(5) The U.S. Court of Appeals for the 2nd Circuit where I appeal the remand back to state court;
(6) To the Appellate Division 4t Department;
(7) To the Attorney Grievance Committee for the 4th Department 5th Judicial District.
That's 7 agencies, where at least 10 people in each, all paid by American taxpayers, were reviewing the court records that I provided and refused to drop obviously fraudulent charges, continuing instead to charge the public for advancing fraud in court against an attorney, in order allegedly to protect the public. Think about it! Isn't it the stuff for John Oliver's Last Week Tonight show?
Only it is not so funny when it is happening to you.
Until now, the fraudulent charge remains pending, and yesterday I received a sworn statement from attorney Mary E. Gasparini of the Attorney Grievance Committee for the 4th Deparment 5th Judicial District stating under oath that:
recitation in Charge I Specifiction I
(1) represents correct procedural history of the case (Ms. Gasparini does not name which case, and I doubt that she knows which case, since she admitted under oath she did not review the case and does not have to because it is transferred from another department and she must prosecute it "as is");
(2) does not allege any misconduct against me;
(3) the date of 2008 when the deposition was held and the motion was brought ( I was admitted to the bar in 2009) is irrelevant to the proceedings.
Here is Charge I Specification I and a full description of what I find wrong in it.
Mary Gasparini, once again, stated under oath that Charge I Specification I correctly describes procedural history of the case, does not allege any misconduct on my behalf, and the date 2008 and my admission to the bar in 2009 are irrelevant to the charge.
Compare that to the actual portion of Charge I Specification I and be the judge as how fraudulent Mary Gasparini's statement is.
"Respondent (and that is me in the Petition that Mary Gasparini prosecutes) did not appear for scheduled depositions, offered no explanations, and failed to submit written opposition to plaintiff's subsequent motion to strike the answer. The above referenced court granted plaintiff's motion to strike and entered a default judgment against the defendants".
Once again, the date of the deposition was September 15, 2008, there is a copy of the transcript of that deposition (listing my husband as an attorney of record, by the way, who actually appeared there), that copy was submitted to 7 agencies including Mary Gasparini's client, but Mary Gasparini did not "review" the charges she is prosecuting against me, because under 22 NYCRR 1000.8(a) apparently she must prosecute whatever is handed to her from the other court, no matter what - so why read if you must do it anyway.
The date of the motion is December 9, 2008.
If any private attorney would be asserting before any court, for nearly TWO YEARS, WITHOUT READING THE COURT RECORDS CONTRADICTING THE ASSERTIONS, certain things that were obviously false, as shown in court records, that attorney would have been CORRECTLY disbarred.
Yet, who will disbar Mary Gasparini? Mary Gasparini? Her colleagues? You understand what a joke it is, don't you? Attorney regulation and discipline protects the public? When a disciplinary prosecutor asserts as a matter of right AND AS A MATTER OF LAW, her right to prosecute on charges without reading those charges and whether the charges are fraudulent or not, when such a prosecutor, without reading underlying court documents, makes false statements as to the contents of those documents to a court, when that charge is pursued for nearly two years against a civil rights attorney and vigorous critic of judicial misconduct somehow the public is protected?
Mary E. Gasparini also claimed in support of her position in proceeding with fraudulent claims, the rule of the Appellate Division 4th Department 22 NYCRR 1000.8(a) providing that if a proceeding is transferred from another court, it must be prosecuted on the original papers.
Not only such a rule is blatantly unconstitutional because it ties the prosecutor's hands and requires the prosecutor to proceed as a puppet of a recused or disqualified prosecutor, having no authority to withdraw the proceedings altogether, amend anything in the charges, or amend anything in the pleadings, including fraudulent statements, but Mary E. Gasparini, an attorney and officer of the court who took a constitutional oath of office of her own and pledged to uphold the U.S. Constitution as the Supreme law of the land, instead upholds an obscure rule that directs her to commit fraud upon the court - and she does by prosecuting a fraudulent charge, supporting fraudulent sworn statement of a recused prosecutor, and aggravates it by making her own fraudulent statements.
Mary E. Gasparini, ladies and gentlemen, and taxpayers of the State of New York, teaches seminars on ethical behavior. She just asked a referee on October 23, 2014 for an adjournment of my case (where she acknowledged under oath she did not read the file before prosecuting on that file) because she needs to teach in two more CLEs in the week of December 1, 2014.
Those who are paying for those seminars, obviously, get a real boon, a teacher who commits fraud upon the court, so far got away with it, adamantly continues with it despite clear documentary evidence that her sworn statements are perjurous, and tries to teach other people about ethics, during state time and I am wondering whether Mary E. Gasparini is paid for her teaching efforts.
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