vCOMPLAINT
Mary Robinson, Administrator of the Attorney Registration and Disciplinary Commission, by her attorney Wendy J. Muchman, pursuant to Supreme Court Rule 753(b), complains of Respondent Slava Aaron Tenenbaum, who was licensed to practice law in Illinois on November 5, 1998, and alleges that Respondent has engaged in the following conduct which tends to defeat the administration of justice or to bring the courts or the legal profession into disrepute:
1. In 1991, Respondent immigrated to the United States from Russia.
2. In January 1995, Respondent agreed to assist his friend Michail Gont, still in Russia and unemployed, in making some income to help support Gont and his pregnant wife. Gont wanted to make money by finding employment in the United States for Russian citizens, who wanted to immigrate to the United States. Respondent agreed to find someone in the United States to assist Gont in this endeavor.
3. Respondent put Gont in touch with a friend of Respondent's named Vitaly Sarvari. Sarvari and Gont worked out an arrangement by which the Russian citizens would come to the United States, and Sarvari would find them employment. Pursuant to the agreement, Gont and Sarvari eventually had five people come to the U.S. Sarvari, Gont and Respondent charged as their fee for obtaining entry into the United States and assisting in the securing of employment, a percentage of the income earned by the Russian citizens. Respondent was aware of the plan between Gont and Sarvari.
4. In connection with five Russian citizens, Jane Does #1-5, Respondent prepared "invitations", inviting the Russian citizen to the U.S. allegedly for the purpose of travel. At all times relevant, Respondent knew the "invitations" were documents relied upon by the American Embassy in Moscow, Russia to issue nonimmigrant tourist visas. In fact, in the case of Jane Does #1-5, the American Embassy did issue nonimmigrant tourist visas for Jane Does #1-5 and they were subsequently allowed to enter the United States.
5. At all times relevant, when Respondent prepared the "invitations," the information contained in the document was false and Respondent knew it was false, because he knew that the Russian citizens were not coming to the U.S. for the purpose of travel, but rather for the purpose of obtaining employment. At all times relevant, Respondent also knew that nonimmigrant tourist visas are not issued to aliens who intend to be employed in the United States.
6. In approximately April 1995, Respondent decided to enter law school. In August 1995, Respondent advised Sarvari and Gont that he did not wish to have any further involvement with the immigration of Russian citizens.
7. In October 1995, three FBI agents went to Respondent's residence and interviewed him about his involvement with the Sarvari and Gont. At the time of their first visit to his home, Respondent agreed to become an informant for the government. During October, Respondent spoke to the FBI agents on three additional occasions and voluntarily provided them with information about the Sarvari and Gont situation. On the last occasion that Respondent spoke with the FBI, he met with Assistant United States' Attorney, Judy Dobkin, who advised Respondent that he should consult with counsel.
8. At all times relevant in connection with his conversations with the FBI agents and Ms. Dobkin, Respondent understood that the FBI and the government had concerns about whether Respondent's conduct violated the law.
9. Around January 1996, as a result of the advice of Ms. Dobkin, Respondent paid approximately $5,000 and retained a criminal lawyer to represent him in connection with any federal investigation that might be ongoing or arise out of Respondent's communications with the FBI.
10. In January 1998, Respondent submitted his application to take the Illinois Bar examination. Respondent signed the personal information section of the application on January 21, 1998, and attested that the answers to all questions thereon were true and correct.
11. In pertinent part, the personal information section of the bar application reads as follows:
NOTE:In connection with your answer to questions 18 and 19, you are advised that no statute, court order, or legal proceeding withholding adjudication, expunging information from any record, sealing any record, or purporting to authorize any person to deny the existence or occurrence of any information or matter shall excuse less than full disclosure of any information or matter otherwise required to be disclosed herein. You must answer questions 18 and 19; the attachment of letters from law enforcement agencies in lieu of an answer is not acceptable. Information provided in response to one of the two questions need not be reported in response to the other.
18. Have you ever, either as an adult or a juvenile, been cited, arrested, accused, formally or informally, or convicted of any violation of any law other than moving traffic violations?
12. In answer to question 18 set forth in paragraph nine above, Respondent checked the box to answer "no".
13. Respondent's answer to paragraph 18 was false and Respondent knew it was false because he knew that in fact he had been informally accused of a violation of law by the FBI in connection with his activities involving the Russian citizens as described in paragraphs 2 through 5 above.
14. On November 5, 1998, Respondent was admitted to the practice of law in Illinois.
15. On May 4, 2000, an indictment was filed against Respondent in the United States District Court for the Northern District of Illinois in the matter of United States of America v. Vitaly Sarvari, Slava Tenenbaum and Michail Gont , 00 CR 352 charging Respondent with engaging in illegal conduct which involved the unlawful employment of aliens as a result of the matters described in paragraphs 2 through 5 above.
16. On June 11, 2001 Respondent pled guilty to and was convicted of violating 8 U.S.C. 1324a(a)(1)(A) by engaging in conduct involving the unlawful employment of aliens. As a result he was sentenced to three years probation with 200 hours of community service to be performed in each of the three years.
17. As a result of the conduct set forth above, Respondent has committed the following misconduct:
Making a statement of material fact in connection with his bar application that the applicant knows to be false in violation of Rule 8.1 of the Illinois Rules of Professional Conduct;
Committing a criminal act that reflects adversely on the lawyer's fitness to practice law by violating 8 U.S.C. 1324a(a)(1)(A) in violation of Rule 8.4(a)(3) of the Illinois Rules of Professional Conduct;
Conduct involving dishonesty, fraud deceit or misrepresentation in violation of Rule 8.4(a)(4) of the Illinois Rules of Professional Conduct;
Conduct that is prejudicial to the administration of justice in violation of Rule 8.4(a)(5) or the Illinois Rules of Professional Conduct; and
Engaging in conduct which tends to bring the courts or legal profession into disrepute in violation of Supreme Court Rule 771
WHEREFORE, the Administrator respectfully requests that this matter be assigned to a panel of the Hearing Board, that a hearing be held pursuant to Supreme Court Rule 753(b), and that the Panel make findings of fact, conclusions of fact and law, and a recommendation of such discipline as is warranted.
Respectfully submitted,
Mary Robinson, Administrator
Attorney Registration and
Disciplinary Commission
By: Wendy J. Muchman
Wendy J. Muchman
Counsel for Administrator
130 E. Randolph Drive
Suite 1500
Chicago, IL 60601
Telephone: 312-565-2600
In re Slava Tenenbaum, 02 CH 49 (Complaint) Lawyer Search Attorney |
