U.S. Department of Justice
Executive Office for Immigration Review
Office of the Director
5107 Leesburg Pike, Suite 2400
Falls Church, Virginia 22041
Contact: Public Affairs Office
(703)305-0289, Fax: (703) 605-0365
June 19, 2001
EOIR Announces Disciplinary Actions Against Nine Immigration Practitioners
Four Attorneys Receive Final Orders of Discipline; Five Others, Immediate Suspensions
The Executive Office for Immigration Review (EOIR) has taken disciplinary action against nine attorneys after charging them with violations of the Rules of Professional Conduct for Immigration Practitioners provided in Title 8 of the Code of Federal Regulations (8 CFR Parts 3 and 292). The attorneys' rule violations arose out of sanctions imposed by other jurisdictions.
Disciplinary proceedings began in each case with a Petition for Immediate Suspension and Notice of Intent to Discipline filed with the Board of Immigration Appeals (the Board) by EOIR's Office of the General Counsel. The Board then ordered each attorney's immediate suspension from practice before the Immigration Courts, the Board, and the Immigration and Naturalization Service and required the attorney to respond to the alleged violations.
The Board issued Final Orders of Discipline against the four attorneys named below after each failed to respond as required to the Notice of Intent to Discipline. The failure to respond in a timely manner to allegations in a Notice of Intent to Discipline constitutes admission of the alleged rule violations.
Walter Wenko, disbarred by the Supreme Court of California, was suspended by final order of the Board on May 23, 2001, for 5 years beginning March 8, 2001, the date of the Board's initial order of immediate suspension.
Deloris A. Brown, suspended by the District of Columbia Court of Appeals pending final disposition of disciplinary proceedings against her, was suspended indefinitely by final order of the Board on May 30, 2001. The period of her suspension began on May 7, 2001, the date of the Board's initial order of immediate suspension.
Gary M. Spraker, suspended by the Supreme Court of Indiana for 2 years, was suspended by final order of the Board on May 30, 2001, for 2 years beginning on May 7, 2001, the day of the Board's initial order of immediate suspension.
Morris Brown Kemper, suspended by the State Bar of California for 1 year, was suspended by final order of the Board on June 8, 2001, for 1 year beginning on May 7, 2001, the date of the Board's initial order of immediate suspension.
The Board ordered immediate suspensions of the following attorneys for the reasons stated:
Howard D. Deutsch, convicted in the United States District Court, Southern District of New York, of conspiracy to commit immigration fraud and related crimes and sentenced to 37 months imprisonment;
Libby D. Salberg, convicted in the United States District Court, Southern District of New York, of immigration fraud and related crimes and disbarred from the practice of law in the State of New York;
David P. Ulin, suspended indefinitely from the practice of law in the Commonwealth of Massachusetts;
Alexander C. Vrbanoff, suspended by the Illinois Supreme Court for 2 years, with the suspension stayed after 1 year and probation imposed for 5 years; and
Marshall D. Tandy, convicted in the United States District Court, Middle District of Florida, of conspiracy to money launder, sentenced to imprisonment for 18 months, and disbarred from practice in the State of Arizona.
In each of the matters cited above, the Board directed the attorney "to promptly notify, in writing, any clients with cases currently pending before the Board, the Immigration Courts, or the Service" that he or she may no longer represent clients before these tribunals.
The amended rules of professional conduct, published in the Federal Register on June 27, 2000, and effective on July 27, 2000, include provisions specifying grounds for disciplinary action, requirements for receiving and investigating complaints, and procedures for conducting hearings. The rules also authorize the Board to immediately suspend a practitioner who has been subject to disbarment, suspension, or resignation with an admission of misconduct as imposed by a State or Federal court, pending a summary proceeding and final sanction.
EOIR announces these disciplinary actions to inform the public about practitioners who are not authorized to represent any matter before an immigration tribunal. EOIR also posts a list of suspended and expelled practitioners on its Web site at www.usdoj.gov/eoir.
- EOIR -