Case 1:13-cr-00269-DLI Document 254 Filed 12/05/16 Page 1 of 2 PageID #: 5032

U.S. Department of Justice

United States Attorney

Eastern District of New York

NR:PT/AAS/MMS
F. #2010R00138

271 Cadman Plaza East

Brooklyn, New York 11201

December 5, 2016
By ECF and Hand
The Honorable Dora L. Irizarry
Chief United States District Judge
United States District Court
Eastern District of New York
225 Cadman Plaza East
Brooklyn, New York 11201
Re:

United States v. John Sampson

Criminal Docket No. 13-269 (DLI)

Dear Chief Judge Irizarry:

The government respectfully submits this supplemental letter in advance of the
sentencing of the defendant John Sampson, scheduled for January 18, 2017, in order to bring
to the Courts attention recently discovered facts relevant to sentencing.
In its May 12, 2016 sentencing letter, the government sought a sentence of 87
months, at the high end of the applicable Guidelines range. The government seeks this
sentence, among other reasons, in order to deter the defendant from engaging in additional
wrongful conduct. Unfortunately, since the government filed its sentencing letter, additional
facts summarized below have come to light that further underscore the need for the Court to
impose a severe sentence for the purpose of specifically deterring the defendant.
Because of his convictions in this case, the defendant, who had been a member
of the bar of the State of New York since 1992, was suspended by the Appellate Division,
First Department (hereinafter the Appellate Division), through an order (the Order)
served on the defendants counsel in bar disciplinary proceedings on March 14, 2016. 1 The
Order prohibited the defendant from appearing as an attorney before any court, judge,
justice, board, commission or other public authority, pending a sanction hearing. On March
17, 2016, the defendant filed a notarized affidavit of compliance with the Order (attached
1

All facts concerning the defendants suspension from the bar and its aftermath are
taken from a November 1, 2016 opinion and order of the Appellate Division, which is
attached hereto as Exhibit 1.

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The Honorable Dora L. Irizarry

December 5, 2016
Page 2
hereto as Exhibit 2) in which he stated that he had advised all of his clients, and all opposing
counsel in litigation matters, of his suspension and that he would withdraw from all litigation
matters.
However, the defendant violated the Order on March 22, 2016only five days
after filing his affidavit of complianceby acting as an attorney in a child custody
proceeding in Family Court. At the child custody proceeding, the defendant identified
himself as his clients attorney and engaged in discussions about the case with opposing
counsel, counsel for the child, and the court referee (transcript attached hereto as Exhibit 3).
Even though the defendant misleadingly stated during these proceedings that he was
withdrawing from the representation based on what my client was informing me about
an agreement between the parties (Ex. 3 at 13-14), he did not properly move to withdraw
before the conclusion of the case. Nor did he inform the Family Court or counsel for the
other parties, none of whom were aware of his suspension, that he had in fact been suspended
from the practice of law. In light of these events, the Appellate Division summarily
disbarred the defendant on or about November 1, 2016.
This incident is only the latest in the defendants series of ethical misdeeds.
The litany of misconduct revealed at the defendants trial and set forth in the governments
May 16 letter has demonstrated that the defendant habitually acts as if rules and laws do not
apply to him, or are at most inconvenient obstacles to be sidestepped. That he would engage
in such conduct while awaiting sentencing in this matter not only reflects an ongoing
unwillingness to adhere to applicable rules, it also shows that even after being called to
account for that behavior by the jurys verdict, and with this Courts sentence in the balance,
he has not mended his ways. This episode proves yet again that the defendant is unable to
restrain himself from acting wrongfully and confirms that a sentence of 87 months is needed
to convey to him the seriousness of his conduct and deter him from additional wrongdoing.
Respectfully submitted,
ROBERT L. CAPERS
United States Attorney
By:

cc:

/s/ Paul Tuchmann

Paul Tuchmann
Alexander A. Solomon
Marisa Megur Seifan
Assistant U.S. Attorneys
718-254-6294/6074/6008

Defense Counsel (by ECF)

Clerk of the Court (DLI) (by ECF)
Cheryl Fiorillo, Senior U.S. Probation Officer (by email)

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