Matter of Beskardes


Matter of Beskardes (2022 NY Slip Op 05059) Matter of Beskardes 2022 NY Slip Op 05059 Decided on August 30, 2022 Appellate Division, First Department Per Curiam Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided and Entered: August 30, 2022 SUPREME COURT, APPELLATE DIVISION First Judicial Department Cynthia S. Kern,J.P., Angela M. Mazzarelli Ellen Gesmer Jeffrey K. Oing Peter H. Moulton, JJ. Motion No. 2022-02017 Case No. 2022-01208 [*1]In the Matter of Mehmet Arda Beskardes, an Attorney and Counselor-at-Law: Attorney Grievance Committee for the First Judicial Department, Petitioner, Mehmet Arda Beskardes, (OCA Atty. Reg. No. 4045688.) Respondent. Disciplinary proceedings instituted by the Attorney Grievance Committee for the First Judicial Department. Respondent was admitted to the Bar of the State of New York at a Term of the Appellate Division of the Supreme Court for the Third Judicial Department on July 24, 2001. Jorge Dopico, Chief Attorney, Attorney Grievance Committee, New York (Remi E. Shea, of counsel), for petitioner. Respondent, pro se. Per Curiam Respondent Mehmet Arda Beskardes was admitted to the practice of law in the State of New York by the Third Judicial Department on July 24, 2001. At all times relevant herein, respondent maintained an office for the practice of law within the First Judicial Department. On or about March 24, 2022, the Attorney Grievance Committee (Committee) filed a notice of petition and petition of charges pursuant to Judiciary Law § 90(2) and the Rules for Attorney Disciplinary Matter (22 NYCRR) § 1240.8, seeking an order that respondent be disciplined for unethical practices and professional misconduct by, among other things, neglecting a client matter, engaging in dishonest conduct, and engaging in the unauthorized practice of law. Now, by a joint notice of motion, the Committee and respondent ask this Court to suspend him for one year and until further order of this Court, pursuant to 22 NYCRR 1240.8(a)(5), based upon the stipulated facts and consent of the parties. Pursuant to 22 NYCRR 1240.8(a)(5)(i), the motion is supported by a joint affirmation (JA) which contains a statement of facts, conditional admissions, factors in aggravation and mitigation, and an agreed upon discipline. Pursuant to 22 NYCRR 1240.8(a)(5)(iii), the motion is accompanied by respondent's affidavit acknowledging his conditional admission of stipulated facts, his consent to the agreed upon discipline, which he has freely and voluntarily given, and his full awareness of the consequences of such consent. The following factual specifications are not in dispute. In late 2016, a Turkish national (the client) met with respondent to discuss retaining respondent to prepare and file an O-1B visa application based on the client's Extraordinary Ability in the Arts as a Turkish rock musician. After paying respondent $3,500 in December 2016, the client returned to Turkey with his family while respondent agreed to prepare the O-1B visa application. In June and July 2017, the client sent text messages to respondent inquiring about the …

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