FMC Opens Professional Misconduct Proceeding Against Attorney
The Federal Maritime Commission opened a proceeding against attorney Marcus Nussbaum pertaining to alleged professional misconduct, in which Nussbaum will have a chance to show cause why he should not be hit with a penalty or suspension of his ability to practice before the comission.
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Nussbaum allegedly demonstrated his misconduct in at least three proceedings before the FMC, in which he supposedly "falsified evidence"; misrepresented certain facts, arguments and actions from the administrative law judge; "misused confidential information from a former client and acted to the detriment of that client"; and "acted extremely uncivilly." He also didn't deny allegations of forgery and other misconduct, the FMC noted.
Nussbaum runs his own shop and represented Canadian fund Crocus Investments; Russian nationals Igor Ovchinnikov, Irina Rzaeva and Denis Nekipelov; and Nigerian companies Avers Logistics, CJ Deluz Nigera Ltd., along with Nigerian national Nnabugwu Chinedu Andrew, in the three proceedings.
The FMC said this alleged conduct invokes its regulations, under which an attorney's signature on a submission amounts to a certificate that the filing is "to the best of the signer's knowledge, information and belief formed after reasonable inquiry, well grounded in fact" and not filed to "harass" or needlessly delay litigation. The rule is akin to Federal Rule of Civil Procedure 11 and allows the FMC to take "appropriate disciplinary action."
The comission also noted that the conduct invokes the ABA Model Rules, which say that an attorney "shall not use information related to representation to disadvantage a client without consent" nor "reveal information relating to the representation of a former client" except as permitted. The ABA rules further bar the presentation of frivolous claims, knowing submission of false statements of fact or law and falsification of evidence.
The FMC said it will "consider whether Mr. Nussbaum's ability to practice before it should be revoked or at least suspended."