A unanimous Appellate Division, First Department panel on Tuesday accepted the resignation of Manhattan attorney Julian Riley, which was submitted after he was caught taking funds from his IOLA account.
Riley, who was admitted to the New York bar in 1997, was suspended in November 2012 pending an investigation by the Departmental Disciplinary Committee. The committee began investigating Riley when a check from his IOLA account was returned.
According to the suspension order, the committee’s initial investigation found that, in 2010, Riley had written seven checks from the account to “cash” totaling to $24,000, and a $17,000 check to himself. In his initial deposition, Riley said that these transactions were made on behalf of a personal friend, but was unable to explain the details or provide records. He later admitted that he had taken funds from the IOLA account for his own use in the past.
Riley submitted his resignation on Oct. 16, 2013, saying that he could not defend himself against disciplinary charges on the merits.
The First Department accepted his resignation in light of “uncontested evidence of respondent’s professional misconduct threatening the public interest,” and his name was stricken from the roll of attorneys.
Matter of Riley, 5523, appears on page 6 of the print edition.