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Former City Official Is Disbarred Over Grand Jury Statements A former commissioner of the New York City Department of Housing Preservation and Development has been disbarred for “unlawfully, willingly and knowingly” making false statements to a grand jury and the U.S. Attorney’s Office regarding his personal use of a city-owned Chevy Tahoe. After denying he used the car for personal matters from August 2000 through late 2001, Richard Roberts pleaded guilty last August to violating 18 USC �1001′s prohibition of “making false statements.” Because that federal statute does not have a specific New York counterpart, an Appellate Division, First Department, panel examined whether it was “essentially similar” to any New York felonies. The panel determined that Mr. Roberts’ actions satisfied all of the elements of perjury, which serves as a predicate for automatic disbarment. Matter of Roberts , M-1646, appears on page 8 of the print edition of today’s Law Journal. � Mark Fass Davis Polk Rehires Two Former Partners Two partners have returned to Davis Polk & Wardwell from government service. Scott W. Muller, who first became a partner in the firm in 1985, served as general counsel to the Central Intelligence Agency from October 2002 until last year. Though he was managing partner of Davis Polk’s Washington, D.C., office before joining the CIA, Mr. Muller has resumed his white-collar litigation practice in the firm’s New York headquarters. Charles S. Duggan, who became a Davis Polk partner in 2002, has returned to New York from a year-long stint as an associate White House counsel. He is a litigator focusing on antitrust, securities and general commercial matters. The firm also announced it has elevated four New York associates to its partnership effective July 1. William J. Fenrich and Brian S. Weinstein have become litigation partners; Leor Landa and Manuel Garciadiaz have become corporate partners. � Anthony Lin U.S. Firm Ordered to Comply With Foreign Discovery Request A U.S. company has been ordered to comply with a discovery subpoena from a liquidator overseeing a bankruptcy proceeding in Hong Kong over objections that the information requested would not be used in a foreign adjudicative proceeding, as required under federal law. In Re: Application of Nicholas T.C. Hill, M19-117, began when liquidators in Hong Kong moved to obtain information about the debtor with subpoenas issued to an Ernst & Young office in the United States. Ernst & Young resisted the request, claiming it was not “for use” in a proceeding in a foreign tribunal, a requirement of the federal law authorizing U.S. courts to grant such requests from litigants abroad. Southern District Judge Richard Holwell rejected Ernst & Young’s characterization. “The statute,” he wrote, referring to 28 USC 1782, “is the product of congressional efforts, over the span of 150 years, to provide federal-court assistance in gathering evidence for use in foreign tribunals.” The assistance was meant to encourage reciprocal behavior from foreign courts, he explained, thereby leading courts to give it “increasingly broad applicability.” � Michael Bobelian Spitzer, Healthcare Provider Reach Agreement Attorney General Eliot Spitzer entered into an agreement yesterday with a Canadian healthcare provider, MDS Inc., in which the company will refund New Yorkers for double billing. Mr. Spitzer’s office estimated there could be as many as 2 million claims from residents in the Hudson Valley, where MDS operated. MDS has since left the New York market but as part of the agreement said it would not engage in similar practices should it reenter. � Michael Bobelian Personal Notes on LawyersJerry A. Weisshas joined Cozen O’Connoras a member in the business litigation department. He was an associate with Toback, Hyman & Bernstein.

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