Tag Archives: Lawyer criminal conduct

Two Texas lawyers arrested on conspiracy to commit murder charges in alleged plot to kill another lawyer

Hello everyone and welcome to this Ethics Alert, which will discuss the recent arrest of two lawyers in Waco, Texas, on charges of felony conspiracy to commit capital murder in an alleged plot to kill another attorney.

According to media reports, the lawyers include a well-known criminal defense lawyer in Waco, Texas and an associate lawyer who works at his firm.  The lawyers allegedly tried to hire a contract killer to carry the murder of the associate’s  former husband, who is also a lawyer.  The former husband was arrested in February 2020 and charged with improper sexual contact with a 10-year-old female family member in December 2019.

The alleged contract killer was actually an undercover police officer, who apparently infiltrated the motorcycle club in which the criminal defense lawyer was a founder and president.  The law enforcement arrest affidavit allege that the criminal defense lawyer solicited the undercover officer to kill the former husband on May 14, 2020 and allegedly offered the officer $300.00 to buy a gun and stated he would help him leave town after the killing.

On May 21, 2020, the lawyers allegedly met with the undercover officer, instructed him to kill the former husband at his home, and gave him the $300.00 to buy the gun.  The arrest affidavits do not specify how much the lawyers offered to pay for the contract killing or why they wanted him killed. The lawyers were released from jail after each posting $1 million bonds.

Bottom line:  This is another very bizarre story involving lawyers.  These lawyers apparently decided to hire a contract killer to murder the former husband, who is accused of improper sexual contact with a 10-year-old female family member, instead of allowing the judicial system to run its course.

Stay safe and healthy and be careful out there.

Disclaimer:  this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

Law Office of Joseph A. Corsmeier, P.A.

2999 Alt. 19, Suite A

Palm Harbor, Florida

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

 

Joseph Corsmeier

about.me/corsmeierethicsblogs

 

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Filed under Attorney Ethics, joe corsmeier, Joseph Corsmeier, Lawyer bad conduct, Lawyer criminal conduct, Lawyer criminal misconduct murder for hire, Lawyer ethics, Lawyer Ethics and Professionalism, Uncategorized

Florida Supreme Court permanently disbars lawyer for, inter alia, breaking into former law firm, creating parallel firm, and filing multiple improper fee liens

Hello everyone and welcome to this Ethics Alert, which will discuss the recent Florida Supreme Court Order permanently disbarring a Florida lawyer for, inter alia, breaking into his former law firm and the firm’s storage unit, creating a parallel law firm, and filing multiple improper fee liens.  The case is The Florida Bar v. Christopher Louis Brady, Case No.: SC19-39, TFB No. 2019-10,127(12B)(HES).  The July 11, 2019 Florida Supreme Court Order is here: https://lsg.floridabar.org/dasset/DIVADM/ME/MPDisAct.nsf/DISACTVIEW/2A42CACF97608E7785258439000C41B7/$FILE/_11.PDF 

According to the referee’s report, the lawyer was employed as an associate at a law firm and was fired in July 2018 after missing hearings and for exhibiting “odd and concerning behavior.”  Almost immediately after his firing, the lawyer began holding himself out as the owner of the former law firm even though there was one sole owner.  The Report of Referee is here: https://lsg.floridabar.org/dasset/DIVADM/ME/MPDisAct.nsf/DISACTVIEW/32070D97303477DA852583DF000AB0F1/$FILE/_19.PDF.  The lawyer justified his actions by claiming that the former law firm’s failure to use periods in “PA” when created as a professional association gave him the right to create a new firm of the same name by filing as a professional association with periods, so that it read “P.A.”.

The lawyer and his twin brother were also criminally charged with burglarizing the former law firm’s office in August 2018.  A videotape of the burglary apparently showed the lawyer and his brother backing a truck up to the law firm, tying a rope from the truck to the front door and using the vehicle to rip the door open. The video also showed the lawyer and his brother removing a safe and the law firm’s computer server.  A few days later, the lawyer and his brother burglarized the law firm owner’s storage unit using keys which were taken from a safe that was stolen during the law firm burglary, according to the referee.  The lawyer also stole a firearm during the burglary.

The lawyer filed several documents on behalf of the law firm and its clients without their knowledge or authority, and filed a false confession of judgment in his own favor.  He also filed more than 100 notices of liens for fees in the law firm’s pending cases “in an attempt to grab fees from cases to which he was not entitled.”

The law firm owner obtained an injunction which barred the lawyer from harassing him or interfering with his business.  The injunction also prohibited the lawyer from contacting the firm owner, his employees, his clients or his attorney. The lawyer violated that injunction multiple times and a court order was issued holding him in contempt for violating the injunction three times.

The referee’s report cited the lawyer’s refusal to acknowledge the wrongful nature of his conduct as one of the multiple aggravating factors and recommended permanent disbarment.  According to the referee’s report, “(the lawyer’s failure to acknowledge the wrongful nature of his misconduct) is perhaps the most profoundly implicated aggravator in this case”.  The lawyer “clings to his justification for his actions with a ferocity that is quite disturbing.”

Bottom line:  This case is certainly very bizarre and the lawyer’s conduct as set forth in the report of referee is extremely disturbing.

Be careful out there.

Disclaimer:  this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

Law Office of Joseph A. Corsmeier, P.A.

29605 U.S. Highway 19 N. Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

Joseph Corsmeier

about.me/corsmeierethicsblogs

 

 

 

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Ohio lawyer who passed $11.00 in cash to her jailed boyfriend faces six month stayed suspension

Hello everyone and welcome to this Ethics Alert, which will discuss the recent Ohio Board of Professional Conduct report which recommends that an Ohio lawyer be suspended for six (6) months for passing $11.00 in cash under the table to her incarcerated boyfriend.  The case is Cincinnati Bar Association v. Virginia Maria Riggs-Horton, Case No. 2018-1757.  The link with the report and other documents in the case is here:  http://www.supremecourt.ohio.gov/Clerk/ecms/#/caseinfo/2018/1757

The lawyer was convicted of the misdemeanor of promoting (passing) contraband and was given a suspended jail sentence. She then self-reported to the Cincinnati, Ohio, and Kentucky Bar Associations.

The Ohio Supreme Court Board of Professional Conduct recommended the stayed suspension after the lawyer admitted that she passed the money to her boyfriend at a Kentucky detention center in August 2017 after he asked for cash for vending machines. The detention center rules prohibited money from being provided to prisoners without first being given to guards.  The lawyer stated that she was unaware of the prohibition.

The Ohio Supreme Court initially rejected the six month stayed suspension and remanded the case for a formal hearing.  A formal hearing was held before a Board panel on April 25, 2019, which again recommended the six month stayed suspension with conditions.  According to the report, the lawyer had no prior discipline and displayed a cooperative attitude in ethics proceedings. She also had a good reputation in the community.  The Ohio Board of Professional Conduct than adopted that recommendation in its report, which was filed with the Ohio Supreme Court on June 14, 2019.

Bottom line:  This lawyer passed $11.00 to her boyfriend under the table while visiting him in the jail, which was a violation of the jail rules and constituted the illegal passing of contraband.  The lawyer was then prosecuted and plead guilty to a misdemeanor and self-reported.  This was a very unfortunate learning experience for the lawyer.

Be careful out there.

Disclaimer:  this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

Law Office of Joseph A. Corsmeier, P.A.

29605 U.S. Highway 19 N. Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

Joseph Corsmeier

about.me/corsmeierethicsblogs

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Disbarred Georgia lawyer convicted of stealing client money and scheduled to enter prison allegedly killed his mother and fled

Hello everyone and welcome to this Ethics Alert which will discuss the recent voluntary disbarment of a Georgia lawyer convicted of stealing thousands of dollars of client money and schedule to enter prison, who allegedly stabbed his mother to death and fled the area.  The disciplinary case is: In the Matter of Richard v. Merritt, 302 Ga. 874 (1/29/18).  The link to the disbarment Order is here:  https://www.gasupreme.us/wp-content/uploads/2018/01/s18y0387.pdf

According to media reports, the Georgia lawyer was convicted of stealing thousands of dollars of client’s money and was sentenced to 15 years in prison and 15 years of probation after being convicted of stealing money from his clients and elder abuse. The lawyer was found guilty on more than 30 counts of theft, forgery and elder exploitation and given until the end of the day on February 1, 2019 to surrender and begin serving the sentence.

The lawyer had admitted to settling civil lawsuits on his clients’ behalf without their knowledge, forging signatures on settlement checks and documents, and keeping money intended for his clients.  As a condition of the sentencing, the lawyer was also ordered to pay $454,706.00 in restitution to clients.

The lawyer failed to surrender to enter prison on February 1, 2019 and, the day after the lawyer was required to surrender, his mother was found stabbed to death. Her car was also missing and the lawyer’s vehicle was found at the scene.  According to a statement by the U.S. Marshall’s Service: “The vehicle he may be driving is a 2009 silver Lexus RX350, bearing a Georgia tag CBV 6004.”  “He may have shaved his head or otherwise changed his appearance, and should be considered armed and dangerous. Do not try to engage him. If you see Merritt, please contact law enforcement immediately.”

According to the January 29, 2019 Georgia Supreme Court Order disbarring the lawyer after he filed a petition to voluntarily surrender his license, “(the lawyer) admits that in February 2017 he settled a client’s personal injury matter for $75,000, but failed to promptly disburse those funds to his client or her medical providers and failed to render a full accounting of the funds to his client. Merritt acknowledges that the above-described conduct violated Rule 1.15 (I) (c) of the Georgia Rules of Professional Conduct found in Bar Rule 4-102 (d). The maximum penalty for a single violation of Rule 1.15 (I) is disbarment.”

Bottom line:  This is quite a bizarre and unsettling case where a lawyer chose to steal thousands of dollars from his clients, was then convicted of the thefts and sentenced to 15 years in prison, and apparently killed his mother and has now fled at the time that he was scheduled to surrender and enter prison.

Be careful out there.

Disclaimer:  this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

Law Office of Joseph A. Corsmeier, P.A.

29605 U.S. Highway 19 N. Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

Joseph Corsmeier

about.me/corsmeierethicsblogs

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Louisiana lawyer is suspended after criminal battery conviction for chest bumping a prosecutor

Hello everyone and welcome to this Ethics Alert which will discuss the recent Louisiana Supreme Court disciplinary opinion which suspended a lawyer after he was convicted of misdemeanor battery for chest bumping a criminal prosecutor.  The disciplinary case is: In Re: Felix DeJean, IV, NO. 2018-B-133 (1/30/18) and the link to the case is here:  http://www.lasc.org/opinions/2019/18-1333.B.OPN.pdf

According to the opinion, the incident occurred in March 2015 after a conference in a criminal case in the judge’s chambers. The criminal prosecutor alleged that the lawyer exchanged words with him, physically confronted him, and “chest bumped” him. The lawyer claimed that the prosecutor started the altercation and that he was acting in self-defense.

The incident led to a criminal charge of simple battery against the lawyer. The prosecutor testified at the trial, along with several other witnesses, including the judge, the judicial assistant, and the court reporter. The lawyer was found guilty in July 2016 and received a suspended jail sentence along with 18 months of supervised probation that required him to complete an anger management program.  Before the criminal trial, the lawyer had filed a civil suit for damages against the prosecutor related the incident and, according to the opinion, that lawsuit was still pending.

A Louisiana disciplinary hearing committee recommended a six-month suspension; however, after review, the Louisiana  disciplinary board had recommended the year-and-a-day suspension.  The Supreme Court opinion suspended the lawyer for a year and a day and the length of the suspension means that the lawyer will be required to apply for reinstatement and show his fitness to practice after the suspension is completed.

The opinion found that the lawyer violated Louisiana Bar Rules which prohibit the commission a criminal acts that reflect adversely on a lawyer’s fitness as a lawyer and conduct prejudicial to the administration of justice.  The opinion also stated that the evidence supported the findings of a violation of the Louisiana Bar Rules and, although the lawyer’s conduct “caused no actual physical harm, it did impair the public reputation of the profession and the judicial system.”

The opinion further noted that this was the third time that the lawyer had been accused of violating the disciplinary rules due to overly aggressive or physically abusive behavior.  The lawyer’s prior disciplinary history is as follows: he consented to a two-year probation in 2006 for behavior caused by mental health issues and previous use of marijuana and alcohol, he was twice admonished by the disciplinary board in 2009 for failing to properly address fee disputes with clients, he agreed to a public reprimand in 2010 for relying on the “false representations of his client and (failing) to verify the identity of the parties who appeared before him” for a “notarial renunciation” and the lawyer received a public reprimand in 2013 for acting in an abusive and threatening manner during a settlement conference.

Bottom line:  This is another (somewhat strange) disciplinary case involving a lawyer who was disciplined for engaging in overly aggressive behavior, in this case, an unwanted chest bump and a criminal battery conviction.  Chest bumps may now be acceptable at sports events or on other occasions, but not as unwanted touching in a courthouse.  Things we learned in kindergarten…

Be careful out there.

Disclaimer:  this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

Law Office of Joseph A. Corsmeier, P.A.

29605 U.S. Highway 19 N. Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

Joseph Corsmeier

about.me/corsmeierethicsblogs

 

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Filed under Attorney discipline, Attorney Ethics, joe corsmeier, Joseph Corsmeier, Lawyer criminal conduct, Lawyer discipline, Lawyer discipline criminal conviction battery chest bump, Lawyer discipline for criminalconviction, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer sanctions

Pennsylvania Supreme Court disbars ex-judge who pled guilty to stealing cocaine held in court cases

Hello everyone and welcome to this Ethics Alert, which will discuss the recent Pennsylvania Supreme Court opinion disbarring a former judge who pled guilty to stealing cocaine, from an evidence locker in his courtroom for his own personal use for more than a year.  The case is Office of Disciplinary Counsel v. Paul Michael Pozonsky (Case No. 123 DB 2015) (opinion issued January 18, 2018).  The opinion is here: http://www.pacourts.us/assets/opinions/DisciplinaryBoard/out/123db2015-pozonsky.pdf#search=%22Paul Pozonsky%22.

According to the disciplinary opinion, “the judge . . . presided over criminal trials, juvenile delinquency hearings, and also directed the rehabilitative disposition of drug offenders in that county’s Drug Court, which he founded. Using his position as a jurist, he directed police officers and court personnel to bring cocaine, which was evidence in the cases over which he was presiding, to an evidence locker in his courtroom; whereupon, for over a year, he stole quantities of this illegal drug from that locker and used it for his own recreational purposes, all while continuing to preside over criminal prosecutions and imposing sentences on defendants for committing crimes which he himself was contemporaneously engaging in.”

“After Pozonsky’s illicit activities were discovered, he resigned his judicial commission and was convicted for his crimes. After considering all the relevant facts and circumstances surrounding Pozonsky’s egregious misconduct while a commissioned judge, and taking into account the mitigating evidence he offered, the Disciplinary Board of the Supreme Court of Pennsylvania (“Disciplinary Board” or “Board”) issued a unanimous report detailing its factual findings and its recommendation that he be disbarred.”

The opinion further stated that “(t)here are few transgressions which more seriously undermine the public’s confidence and trust in the integrity of their judicial system, and which are as offensive to the high standards and principles which other members of the bench and bar strive so faithfully to uphold in the performance of their duties, than those committed by Pozonsky.”

The ex-judge pled guilty in 2015 to charges related to the theft of the cocaine, including misdemeanor theft, obstruction of justice, and misapplication of entrusted property and served one month in jail.

Oral arguments were held in April 2017 and the ex-judge stated in mitigation that he had accepted full responsibility for his conduct and engaged in community service, including working at a homeless mission and counseling others with addiction as mitigating factors in an effort to reduce the disciplinary sanction.  The court rejected the ex-judge’s argument that his addiction should be considered as a mitigating factor.

The disciplinary opinion concluded: “Because the evidence of record amply supports the Board’s findings and corresponding recommendation of disbarment, we order Pozonsky’s disbarment to both protect the public and to preserve the integrity of the legal profession.”

Bottom line:  This is an extremely egregious case of an apparently addicted judge who asked law enforcement to bring cocaine to his courtroom to “hold” in criminal cases (not sure how that would happen) and then stole the cocaine from the locker and used it for “his own recreational; purposes.”  A concurring opinion stated that disbarment was not automatic and mused that it was ironic that the ex-judge was not able to mitigate the disbarment by showing that he was addicted but agreed that disbarment was appropriate.

Be careful out there.

Disclaimer:  this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

Law Office of Joseph A. Corsmeier, P.A.

29605 U.S. Highway 19 N. Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

Joseph Corsmeier

about.me/corsmeierethicsblogs

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Filed under Attorney discipline, Attorney Ethics, dishonesty, joe corsmeier, Joseph Corsmeier, Judicial ethics, Lawyer criminal conduct, Lawyer disbarment, Lawyer disbarred stealing and using cocaine as judge, Lawyer discipline, Lawyer discipline for criminalconviction, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer misconduct stealing and suing drugs while judge

Wisconsin lawyer suspended for, inter alia, smuggling heavy toothbrushes and red pepper into prison for client

Hello everyone and welcome to this Ethics Alert which will discuss the recent Wisconsin Supreme Court opinion which suspended a Wisconsin lawyer for four months for, inter alia, bringing heavy toothbrushes to client in prison and failing to adequately communicate with a drunken driving client.  The case is In the Matter of Steven Cohen, Case No.: 2015AP1350-D and the opinion is here: https://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=202686

According to the opinion, the lawyer was admitted to practice law in Wisconsin in 1996. He received a private reprimand in 2007 after his conviction for one count of misdemeanor disorderly conduct which resulted from an dispute involving the lawyer and his wife.

One count of the disciplinary complaint alleged that, in 2013, the lawyer smuggled two heavy toothbrushes and red pepper to a client who was in prison after being convicted on homicide charges.  Prison authorities found the items in a search of the client after discovering a discarded white pastry bag containing a doughnut and an empty toothbrush package.  The authorities also said that the toothbrushes were heavier than the toothbrushes given to inmates and could be made into shanks (sharpened weapons), and that the crushed red pepper could be made into pepper spray.

The opinion states that: “(w)hen correctional officers interviewed Attorney Cohen about the items, he denied knowing anything about them.  Following additional investigation, Attorney Cohen was arrested for delivering contraband into the Columbia Correctional Institution. In February of 2014, the Columbia County district attorney filed a complaint charging Attorney Cohen with one felony count of delivering illegal articles to an inmate and one misdemeanor count of resisting or obstructing an officer.”

In November 2014, the lawyer pled no contest and was found guilty of a felony count of delivering illegal articles to an inmate, along with two misdemeanors.  Judgment on the felony charge was deferred.  The lawyer said that he brought the items to the prison after his client requested a toothbrush and some food and that his only motive was “from concern for the care of the inmate, and desire to serve.”

The second, third, and forth counts of the complaint alleged that the lawyer accepted a $2,500.00 fee from a DUI client without a written fee agreement and then failed to adequately communicate with the client.  When the client demanded a refund, the lawyer returned half of the fee. He denied that he failed to communicate with the client, but did not provide any documentation to support the denial.  The lawyer also claimed that he had e-mailed the client; however, the client said he did not have an e-mail address.

According to the opinion, the lawyer testified that he did not respond to the client’s telephone calls because he was not ready to speak with the client, which was “a normal trial tactic.”  He also said he did not respond since he tells his clients to call him on his cell telephone rather than his land line, and the client called on his land line. He also claimed his secretary does not take messages on the land line.

The lawyer was suspended for 4 months effective December 29, 2017 and required to pay $8,608.20 in disciplinary costs.

Bottom line:  This lawyer appears to have been attempting to provide an imprisoned client with the tools to injure other inmates, whether in self defense or otherwise.  Obviously, this was improper and the lawyer was suspended for 4 months for those actions, as well as his failure to communicate with another client and charging an improper fee.

Be careful out there.     

Disclaimer:  this Ethics Alert is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

Law Office of Joseph A. Corsmeier, P.A.

29605 U.S. Highway 19 N. Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

Joseph Corsmeier

about.me/corsmeierethicsblogs

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Filed under Attorney discipline, Attorney Ethics, Attorney misrepresentation, deceit, dishonesty, joe corsmeier, Joseph Corsmeier, Lawyer conduct adversely affecting fitness to practice, Lawyer conduct prejudicial to the administration of justice, Lawyer criminal conduct, Lawyer discipline, Lawyer discipline for criminalconviction, Lawyer discipline- criminal misconduct smuggling contraband to client in prison, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer false statements

Four south Florida lawyers arrested for involvement for illegal personal injury solicitation and provider kickbacks

Hello everyone and welcome to this Ethics Alert which will discuss the recent arrests of four south Florida lawyers who are  alleged to have improperly and illegally obtained personal injury victims as clients and referred them to health care facilities which then paid them cash for the referrals.

According to media articles and criminal charging documents, four south Florida lawyers have been charged with crimes  ranging from money laundering to organized fraud and patient brokering.  The lawyers are Steven Slootsky, whose record Bar address is in Boca Raton, and Adam Hurtig, Mark Spatz, and Vincent Pravato, whose record Bar addresses are in Fort Lauderdale.  The lawyers were arrested on or about September 6, 2017.

The lawyers are alleged to have improperly and illegally obtained personal injury victims as clients and referred them to health care facilities which paid cash to the lawyers for the referrals.  According to arrest records, the lawyers allegedly paid runners from towing companies and body shops to improperly solicit victims of motor vehicle accidents.  Those individuals were allegedly then referred to clinics for medical treatment and the clinics would illegally pay for the referrals.

The arrest report states that the lawyers “were actively involved in illegal patient brokering and the unlawful solicitation of motor-vehicle accident victims throughout South Florida…after the patient was brokered to the health care facility, the facility was then able to begin treatment and bill the auto insurance companies for claims covered by the PIP benefits, which resulted in fraud on the insurance companies.”

It is illegal under federal law for a doctor, clinic, or other health care provider to pay for patient referrals and for a “patient broker” to receive kickbacks for sending patients to a health care provider.  It is also a violation of the Florida Bar Rules for an agent of a lawyer to improperly solicit a client, for a lawyer to pay non-lawyers and clinics for referrals, and for the lawyer to receive payment or a fee based upon an improper solicitation.  Of course, it is certainly a violation of the Florida Bar Rules to commit a crime.

Bottom line: I have heard anecdotally that these activities have been occurring in south Florida for many years (and potentially throughout our entire state, particularly in urban areas).  These lawyers are certainly presumed innocent unless and until they are proven guilty; however, if the allegations are shown to be true, this is an extremely unfortunate blight on the legal profession.  On the other hand, this could potentially discourage others from doing (or continuing to do) this in the future.

Be careful out there.     Disclaimer:  this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

Law Office of Joseph A. Corsmeier, P.A.

29605 U.S. Highway 19 N. Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

Joseph Corsmeier

about.me/corsmeierethicsblogs

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Florida lawyer accused of “planning” Allied Veterans scam is reinstated nunc pro tunc after criminal charges were reversed

Hello everyone and welcome to this Ethics Alert which will discuss the recent Order of the Florida Supreme Court reinstating the license of a lawyer who had been charged with felony crimes for allegedly planning Allied Veterans scam and whose conviction was reversed.  The case is The Florida Bar v. Kelly Bernard Mathis, Case No.: SC13-2031 (Supreme Court of Florida, July 17, 2017) and the SC Order is here:  https://efactssc-public.flcourts.org/casedocuments/2013/2031/2013-2031_disposition_138842.pdf

As some of you may recall, an alleged financial scam involving an entity called Allied Veterans, based in St. Augustine, was in the media extensively a number of years ago.  The alleged scam involved gambling and “internet cafes”.  The lawyer had advised Allied Veterans that the internet cafes were legal and, after a law enforcement investigation, he was charged with planning the scam and with multiple felonies.  In 2013, Attorney General Pam Bondi said that the lawyer was the “mastermind” behind the alleged $300 million racketeering and money laundering scheme with internet cafes where people were actually illegally gambling.

Although 57 people were arrested, the lawyer was the only defendant who went to trial.  He argued that he was giving legal advice to a client and many lawyers were concerned about what that might mean for the potential criminal liability of attorneys who advise clients on a future course of conduct.  The former presidents of the nonprofit pleaded no contest and the former Fraternal Order of Police president and vice president pleaded guilty and faced no prison time.

The criminal prosecutors argued that, although Allied Veterans claimed that it was a nonprofit organization created to help veterans, it had only given about two percent of its profits to charitable causes.  The prosecutors also argued that the lawyer’s law firm had billed the nonprofit about $6 million for his legal services, although his lawyers stated the amount was most likely less than that and that he only billed for actual work his firm had performed.

During the trial, prosecutors presented testimony from witnesses who said that they had purchased hundreds of hours of internet time but never used it because they actually came to gamble. The lawyers wanted to argue in the lawyer’s defense that the lawyer had properly advised Allied Veterans that it was his opinion that offering a sweepstakes game that was legal under Florida law, which permits sweepstakes if they are used to bring a customer into a business that sells a legal product, such as McDonald’s sweepstakes.  The judge rejected their request to make that argument.

After his conviction on 103 criminal counts, the lawyer was sentenced to six years in prison.  He appealed and the Florida Fifth District Court of Appeals reversed the conviction, finding that the trial judge improperly prohibited his lawyers from arguing that the internet cafes were legal and not gambling.  The Attorney General’s office decided not to pursue charges against the lawyer after the conviction was reversed.

In disciplinary matter, The Florida Bar did not oppose the lawyer’s reinstatement and Fourth Judicial Circuit Chief Judge Mark Mahon issued a report in March 2017 recommending that the Florida Supreme Court immediately reinstate the lawyer.  In its July 17, 2017 Order, the Florida Supreme Court reinstated the lawyer nunc pro tunc to the date of his felony suspension in 2013.

Bottom line:  This lawyer was charged with multiple felonies and chose to go to trial instead of accepting a plea bargain which would not have resulted in prison time; however, the conviction would most likely have resulted in his disbarment.  After his trial in 2013, the lawyer was convicted and sentenced to 6 years in prison.  He was also automatically suspended because of the felony conviction.  Pursuant to the Florida Supreme Court’s July 17, 2017 Order, the lawyer was reinstated to practice nunc pro tunc to November 28, 2013, the date of his felony suspension.  The lawyer was ultimately suspended and unable to practice for over 3 ½ years for a conviction that was later reversed.

Disclaimer:  this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

Law Office of Joseph A. Corsmeier, P.A.

29605 U.S. Highway 19, N., Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

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Former Ohio lawyer sentenced to 12 years in prison for hypnotizing and sexually abusing multiple female clients

Hello everyone and welcome to this Ethics Alert which will discuss the recent sentencing of a former Ohio lawyer to 12 years in prison for hypnotizing and sexually abusing female clients.

According to media reports, the lawyer, Michael Fine, was sentenced to 12 years in prison on November 14, 2016 and he was also ordered to register as a sex offender for 25 years.  The lawyer was scheduled for trial on Sept. 19, 2016; however, he pled guilty to five counts of kidnapping with sexual motivation and one count of attempted kidnapping about a week before the trial was scheduled to open.

A criminal investigation into the lawyer began in 2014 after a female client discovered that her underwear was disheveled and she also could not recall what had occurred following meetings with the lawyer.  The investigation continued after over 20 women come forward with similar complaints and a former client also began tape recording her conversations with the lawyer.  The recordings showed that the lawyer “began to use ‘code’ words that induced (her) to enter a trance-like stage”.

The lawyer is 59 years old and had practiced law since 1981.  His license was temporarily suspended in November 2014 after a local  Ohio bar association filed a motion with the Ohio Supreme Court stating that the lawyer had “utilized hypnotic therapy to facilitate the impairment of and sexual exploitation of his clients” and requesting that the lawyer be suspended.  The lawyer later submitted an application for resignation, which was granted on August 17, 2015.  That order is here: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2015/2015-Ohio-3265.pdf

Bottom line:  This lawyer engaged in despicable acts which resulted in his removal from the roll of lawyers in Ohio and 12 years in state prison.  This type of predatory criminal conduct is inexcusable and diminishes the reputation of the entire legal profession and also the respect of the public.

As always, if you have any questions about this Ethics Alert or need assistance, analysis, and guidance regarding these or any other ethics, risk management, or other issues, please do not hesitate to contact me.

Disclaimer:  this e-mail is not an advertisement, does not contain any legal advice, ad does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

Law Office of Joseph A. Corsmeier, P.A.

29605 U.S. Highway 19 N. Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

Leave a comment

Filed under Attorney discipline, Attorney Ethics, joe corsmeier, Joseph Corsmeier, Lawyer criminal conduct, Lawyer criminal misconduct sexual abuse by hypnotism, Lawyer discipline, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer resignation in lieu of discipline/disbarment, Lawyer sanctions, Lawyer sex with client, Lawyer sexually abusing clients