Attorney Grievance Comm. for the First Judicial Dep't v. Amankwaa (In re Amankwaa)

221 A.D.3d 107

198 N.Y.S.3d 696

In the MATTER OF Kofi O. AMANKWAA, an attorney and counselor-at law:

Attorney Grievance Committee for the First Judicial Department, Petitioner,

v.Kofi O. Amankwaa (Admitted as Kofi Owusu Amankwaa) (OCA Atty. Reg. No. 2742773), Respondent.

Motion No. 2023-03307

Case No. 2023-03774

Supreme Court, Appellate Division, First Department, New York.

Entered: November 9, 2023

Jorge Dopico, Chief Attorney, Attorney Grievance Committee, New York, (Jun H. Lee, of counsel), for petitioner.

Respondent pro se.

Anil C. Singh, J.P., Lizbeth González, Tanya R. Kennedy, Julio Rodriguez III, Bahaati E. Pitt-Burke, JJ.

PER CURIAM

Respondent Kofi O. Amankwaa was admitted, as Kofi Owusu Amankwaa, to the practice of law in the State of New York by the First Judicial Department on March 4, 1996. He was engaged in the practice of law within the First Judicial Department during certain of the events at issue.

By motion dated July 12, 2023, the Attorney Grievance Committee (AGC) seeks an order, pursuant to Rules for Attorney Disciplinary Matters ( 22 NYCRR) § 1240.9(a)(3), immediately suspending respondent from the practice of law and until further order of this Court, based on his failure to answer five complaints, submit responsive answers to four other complaints, and produce nine client files as repeatedly requested by AGC and directed by judicial subpoena.

Between October 25, 2022 and April 23, 2023, AGC received four complaints from respondent's clients or their family members, each alleging that respondent submitted immigration filings in their respective matters, which unbeknownst to the clients at the time, contained fraudulent information, including false allegations of domestic violence by a family member as a basis for status or relief under the immigration laws.

Between December 9, 2022 and May 23, 2023, AGC sent respondent a total of 11 letters by email and priority mail directing him to submit a written answer to each of the four complaints and advising him that failure to do so could result in his interim suspension. Respondent did not answer any of the complaints. Further, between February 28 and April 6, 2023, an AGC investigator called respondent's office three times and left messages requesting that respondent contact AGC. Respondent did not return any of the calls.

On May 3, 2023, respondent was served with a judicial subpoena directing him to appear before AGC on May 31, 2023, for an examination under oath, and to produce his entire client files for the four matters. Respondent appeared on May 31^st as directed, but did not produce the clients' files. During his testimony, respondent acknowledged that he received the four complaints, and failed to submit answers as directed. While respondent claimed to be overwhelmed by the demands of his law practice (approximately 2,000 client matters), he admittedly did not contact AGC to request additional time to answer the complaints.

On June 26, 2023, AGC received two three sentence answers to two of the four complaints. Respondent's answers failed to address his alleged fraudulent conduct. By June 28, 2023 emails, AGC directed respondent to submit responsive answers and the two clients' files by July 5, 2023 and again warned him that failure to comply could result in AGC moving for his interim suspension. By June 28, 2023 emails, AGC directed respondent to answer the two other complaints and to submit the clients' files by July 5, 2023, again warning him that his continued failure to cooperate could result in his interim suspension. To date, respondent has not submitted responsive answers to any of the four complaints, nor produced the clients' files.

Between April 28 and May 9, 2023, AGC received five additional complaints against respondent from his clients or their family members, alleging that respondent submitted fraudulent immigration filings, again including false allegations of domestic violence by a family member. Respondent submitted brief answers to two of the five new complaints, which failed to address his alleged fraudulent conduct. By June 28, 2023 emails, AGC directed respondent to submit responsive answers and copies of the clients' entire files by July 5, 2023 and warned him that failure to comply could result in his interim suspension. To date, respondent has not submitted responsive answers, nor has he produced the clients' files.

As to the three remaining complaints, between May 1 and June 28, 2023,...