Attorney Disbarred for Misusing IOLA Account

, New York Law Journal

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A unanimous Appellate Division, First Department panel on Thursday disbarred Manhattan attorney Scott Gibson, who submitted his resignation from the bar while under investigation for stealing from his IOLA account.

The Departmental Disciplinary Committee began investigating Gibson, who was admitted to the bar in 1982, after a check from his IOLA account bounced. Gibson subsequently admitted under oath that he had written more than 10 checks from his IOLA account to himself, for personal use, and that he deposited his own funds in the account.

The committee in Matter of Gibson, M-4917, sought suspension. Gibson opposed it, arguing that his misconduct ended two years before, and was mitigated by cultural and community activities. He also said his suspension would be a hardship. Nonetheless, the First Department suspended him on Feb. 7, 2013. Gibson submitted his resignation on Sept. 23.

The court on Tuesday accepted that resignation nunc pro tunc to the date it was submitted.

Justices Peter Tom, Richard Andrias, David Saxe, Leland DeGrasse and Sallie Manzanet-Daniels sat on the panel. The decision appears on page 5.

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