Matter of Discipline of Bernstein

This matter comes to us for discipline based on a referee’s findings of misappropriation, attempted fraud, unauthorized endorsement of a check, misrepresentation to a client’s insurer, perjury, fabrication of documentary evidence, trust account improprieties, and false certification to this court. The referee found no mitigating circumstances, one aggravating circumstance, and recommended 18 months’ suspension. We adopt the referee’s findings but in light of the seriousness of respondent’s misconduct require that he be suspended for 4 years.

The facts, as found by the referee, are deemed…