IN RE: Mark L. FISHBEIN (admitted as Mark Lewis Fishbein) (2002)

Respondent Mark L. Fishbein was admitted to the practice of law in the State of New York by the First Judicial Department on March 17, 1980, as Mark Lewis Fishbein, and practiced within this Department until 1987.

By order entered May 23, 1991, this Court suspended respondent for a period of three years effective January 31, 1988, for violating DR 1-102(A)(4), (5) and (6), and DR 9-102(A) of the Code of Professional Responsibility (see, Matter of Fishbein, 167 A.D.2d 85, 570 N.Y.S.2d 800).   Thereafter, from February 1989 through December 1999, respondent practiced law in Tucson, Arizona.   Respondent was cited in March, 1998, for failure to register and pay the biennial registration fee in violation of Judiciary Law § 468-a.

Respondent submits his resignation pursuant to 22 NYCRR 603.11.   Respondent acknowledges that on or about May 8, 1999 he was charged with money laundering activities in violation of 18 USC 1956(a)(1)(B)(i),(ii) and (h).  Respondent admits that on December 1, 1999, he entered a plea of guilty in the United States District Court, Middle District of Florida, to conspiracy to commit money laundering, a felony under the United States Code [18 USC 1956(h) ], was sentenced to a term of 16 months in prison, followed by a term of three years supervised release, and was fined $100 which was waived.   Respondent further admits that he failed to report his conviction to the Disciplinary Committee as required pursuant to Judiciary Law § 90(4)(c) and Court Rule 22 NYCRR 603.12(f).

The Departmental Disciplinary Committee now moves for an order pursuant to 22 NYCRR 603.11 accepting respondent's resignation and striking his name from the roll of attorneys effective November 13, 2001, the date of his Affidavit of Resignation.   Respondent's affidavit complies with the requirements of Section 603.11 of the Rules of this Court.   Respondent acknowledges that he offers his resignation freely and voluntarily, without coercion or duress, and that he is fully aware of the implications of submitting his resignation, to wit, that his name will be stricken from the roll of attorneys in New York State.   Further, respondent has acknowledged that he is the subject of a reciprocal discipline proceeding by the Committee based upon his guilty plea in Federal Court and that if disciplinary charges were filed against him predicated upon the facts leading to his conviction he could not successfully defend himself on the merits against such charges.   Lastly, respondent states that since on or about May 1999, he ceased the active practice of law in all of the jurisdictions in which he had been admitted.

Accordingly, the Committee's motion should be granted, respondent's resignation accepted, and his name stricken from the roll of attorneys and counselors-at-law in the State of New York, effective as of the date of his Affidavit of Resignation, November 13, 2001.

Respondent's name stricken from the roll of attorneys and counselors-at-law in the State of New York, nunc pro tunc to November 13, 2001.

PER CURIAM.

All concur.