Physician sues New York ethics commission, alleges constitutional violations in jurisdiction dispute


Margo Brodie, Chief Judge with the U.S. District Court for the Eastern District of New York | Administrative Office of the United States Courts | Wikipedia Commons

A New York physician has filed a federal lawsuit against the New York State Commission on Ethics and Lobbying in Government, alleging the agency violated his constitutional rights by improperly asserting jurisdiction and retaliating against him through his employer.

Dr. Daniel De Oliveira filed the complaint Aug. 26, 2025, in the U.S. District Court for the Eastern District of New York. He claims the Commission wrongly attempted to require him to submit a financial disclosure for 2024, despite his not residing in or earning income from New York that year. 

De Oliveira also alleges he was labeled a “delinquent filer” and that the agency communicated this to his employer, causing reputational harm.

According to the complaint, De Oliveira informed the Commission of his nonresident status and requested an exemption from disclosure requirements. He alleges the Commission ignored his explanation and instead threatened fines of up to $40,000. 

Rather than contacting him directly, the agency allegedly reached out to his professional leadership, which he argues was an act of retaliation.

De Oliveira contends the Commission’s actions violate his rights under the Fourteenth Amendment. He argues that the agency lacked the legal authority to assert jurisdiction, citing International Shoe Co. v. Washington (1945) in support of his claim that he had no “minimum contacts” with New York sufficient to justify its involvement.

The lawsuit seeks multiple forms of relief, including a declaratory judgment affirming the Commission lacked jurisdiction; an injunction prohibiting further contact with his employer or public labeling of him as delinquent; and compensatory damages equal to the threatened $40,000 fine. 

He also requests treble damages under civil rights laws totaling $120,000, punitive damages to be determined by a jury, and reimbursement for legal costs.

The case is being heard under Case ID 2:25-cv-04740-LDH-ARL.

Source: 225cv04740_DeOliveira_MD_v_NYS_Commission_on_Ethics_and_Lobbying_in_Government_Complaint_Eastern_District_New_York.pdf

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