State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: December 4, 2014 D-91-14 

___________________________________

In the Matter of JONATHAN

 KREMNER, a Suspended

 Attorney.

COMMITTEE ON PROFESSIONAL 

STANDARDS, MEMORANDUM AND ORDER

Petitioner;

JONATHAN KREMNER,

Respondent.

(Attorney Registration No. 2636587)

___________________________________

Calendar Date: November 3, 2014

Before: Lahtinen, J.P., McCarthy, Egan Jr., Lynch and 

 Devine, JJ.

__________

Monica A. Duffy, Committee on Professional Standards,

Albany (Alison M. Coan of counsel), for petitioner.

Jonathan Kremner, Wesley Chapel, Florida, respondent

pro se.

__________

Per Curiam.

Respondent was admitted to practice by this Court in 1994. 

He currently resides in Wesley Chapel, Florida.

In June 2007, respondent was sentenced to three years of

probation and $100,000 in restitution in the US District Court

for the District of Oregon, upon his guilty pleas to one count of

the sale of an unregistered security (15 USC §§ 77e, 77x) and one
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count of filing a false tax return (26 USC § 7206 [1]), which are

"serious crime[s]," as defined in Judiciary Law § 90 (4) (d) (see

e.g. Matter of Van Riper, 25 AD3d 1065 [2006], lv dismissed 6

NY3d 843 [2006]; Matter of Rothenberg, 275 AD2d 591 [2000];

Matter of Roemmelt, 262 AD2d 866 [1999]). Here, respondent

admitted selling, through the wire transfer of funds, an

unregistered security from an offshore bank to a Florida investor

for $100,000. He also admitted that he failed to disclose his

ownership of a foreign bank account on his federal tax return for

the calendar year 2000.

Petitioner now moves for, among other relief, an order

imposing final discipline, pursuant to Judiciary Law § 90 (4)

(g), based upon respondent's conviction of the above serious

crimes. In his response to petitioner, respondent did not

contest the propriety of the motion.

Under the circumstances presented, and considering the

serious criminal conduct committed by respondent (see e.g. Matter

of Van Riper, 25 AD3d at 1065-1066; Matter of Kushner, 18 AD3d

953, 953-954 [2005]), we conclude that petitioner's request for

an order imposing final discipline should be granted, and

respondent disbarred in this state.

Lahtinen, J.P., McCarthy, Egan Jr., Lynch and Devine, JJ.,

concur.

ORDERED that petitioner's motion is granted, to the extent

that it seeks an order imposing final discipline pursuant to

Judiciary Law § 90 (4) (g), and is otherwise denied; and it is

further 

ORDERED that respondent is disbarred and his name is

stricken from the roll of attorneys and counselors-at-law of the

State of New York, effective immediately; and it is further
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ORDERED that respondent is commanded to desist and refrain

from the practice of law in any form, either as principal or as

agent, clerk or employee of another; and respondent is hereby

forbidden to appear as an attorney or counselor-at-law before any

court, judge, justice, board, commission or other public

authority, or to give another opinion as to the law or its

application, or any advice in relation thereto; and it is further

ORDERED that respondent shall comply with the provisions of

this Court's rules regulating the conduct of disbarred attorneys

(see Rules of App Div, 3d Dept [22 NYCRR] § 806.9).

ENTER:

Robert D. Mayberger

Clerk of the Court