In Re: Foistner
| JOSEPH FOISTNER |
| NH DISTRICT COURT NEW HAMPSHIRE DISTRICT COURT |
| 22-8013 |
| June 6, 2022 |
| U.S. Court of Appeals, First Circuit |
| Other |
Docket Report
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| CERTIFIED mail receipt showing article number and recipient's address. Document(s) sent: [ # 6500073-2 ], [ # 6500055-2 ], [ # 6500040-2 ]. [22-8013] (JMK) [Entered: 06/06/2022 12:51 PM] |
ORDER entered by David J. Barron, Chief Appellate Judge; Sandra L. Lynch, Appellate Judge and Rogeriee Thompson, Appellate Judge: The court is in receipt of a copy of a judgment of conviction entered in the United States District Court for the District of New Hampshire, No. 3:18-cr-00098-FAB-1 (D.N.H.), demonstrating that Attorney Joseph A. Foistner, an attorney admitted to practice before this court, was found guilty on four counts of bank fraud in violation of 18 U.S.C. 1344, wire fraud in violation of 18 U.S.C. 1343, money laundering in violation of 18 U.S.C. 1957, and making misrepresentations during bankruptcy proceedings in violation of 18 U.S.C. 152(2), and (3). Attorney Foistner is immediately suspended from the practice of law before this court. See Rules of Attorney Disciplinary Enforcement for the Court of Appeals for the First Circuit, Rule I(A). The disciplinary panel shall determine "the extent of the final discipline to be imposed as a result of the conduct resulting in conviction." Rule I(C). While "the judgment of conviction shall be conclusive evidence of the commission of that crime by the attorney in question," Attorney Foistner may present written argument to this court regarding the extent of final discipline it would be just to impose. Id . He may also request a hearing, usually in the nature of oral argument, at which he could have the opportunity to explain his position more clearly to the disciplinary panel, if appropriate under the circumstances. See In re Williams, 398 F.3d 116, 119 (1st Cir. 2005). Any response shall be filed with the Clerk of Court on or before August 5, 2022. Attorney Foistner must also include an affidavit listing the other bars to which he is admitted. See Rule V of the Rules Governing Attorney Disciplinary Enforcement for the Court of Appeals for the First Circuit. A copy of this order shall be served by regular and certified or registered mail. In addition, the Clerk shall append to this order a copy of the Rules of Attorney Disciplinary Enforcement for the Court of Appeals for the First Circuit. [22-8013] (JMK) [Entered: 06/06/2022 12:40 PM]
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ORDER entered by David J. Barron, Chief Appellate Judge: This court is in receipt of a certified copy of a judgment of conviction entered in the United States District Court for the District of New Hampshire in No. 3:18-cr-0098-PB-1 (D.N.H.) against Attorney Joseph A. Foistner, a member of this court's bar. Foistner was found guilty on four counts of bank fraud in violation of 18 U.S.C. 1344, wire fraud in violation of 18 U.S.C. 1343, money laundering in violation of 18 U.S.C. 1957, and making misrepresentations during bankruptcy proceedings in violation of 18 U.S.C. 152(2) and (3). The Chief Judge of this court hereby refers the matter to a disciplinary panel consisting of Chief Judge Barron, Judge Lynch, and Judge Kayatta. [22-8013] (JMK) [Entered: 06/06/2022 12:03 PM]
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| ATTORNEY DISCIPLINARY CASE docketed. Attorney disciplinary proceedings initiated against Respondent Joseph A. Foistner. Opening forms sent. [22-8013] (JMK) [Entered: 06/06/2022 11:50 AM] |
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| Respondent: JOSEPH FOISTNER | |
| Represented By: | Joseph Foistner |
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| Interested party: NH DISTRICT COURT NEW HAMPSHIRE DISTRICT COURT | |
| Represented By: | NH District Court New Hampshire District Court |
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