“The sanctions order is designed and intended to silence the only people asking for a second medical opinion,” said San Antonio solo practitioner Philip Ross. |
| Photo: Ocskay Bence/Fotolia |
The attorney, Philip Ross, allegedly participated in a scheme to have the millionaire’s long-time girlfriend marry the elderly man, and then have her new husband adopt her children, hide his assets from his guardians, lay claim to his property and divert his Social Security assets, among other things.
But Ross said that Charles Inness Thrash is not incapacitated and he argued that doctors misdiagnosed Thrash with dementia and Alzheimer’s disease. And now Ross is fighting to restore the millionaire’s legal capacity.
“The sanctions order is designed and intended to silence the only people asking for a second medical opinion,” said Ross.
However, Bexar County Probate Court No. 1 Judge Oscar Kazen described Ross and his clients’ behavior as an “ongoing pattern of fraudulent conduct.”
Kazen’s May 24 order granting a motion for sanctions explains that the guardianship involves Thrash, whom the court in January found totally incapacitated and unable to marry or enter contracts. The court had appointed two guardians to oversee Thrash and his estate.
Ross represented Laura Martinez, who is Thrash’s long-time girlfriend and companion, as well as her children, Brittany and Jose Martinez. Ross also claims he represents Thrash, but the judge has told him repeatedly that he can’t be Thrash’s attorney.
The judge found that Ross, Laura Martinez and Brittany Martinez are jointly and severally liable to pay $187,529 to the guardians, and Ross must pay $30,445 himself. The court also issued punitive sanctions: $5,000 to Ross, $2,500 to Laura Martinez and $1,500 to Brittany Martinez. They’ll have to pay more if they appeal, and lose.
The sanctions barred Laura Martinez from pursuing future claims or offering evidence that she was ever married to Thrash. The judge also struck all of their pleadings that asserted claims or defenses.
‘Fraudulent Conduct’
The order said that in March, Ross and Laura Martinez schemed to make Thrash marry Martinez. Ross was the best man at the wedding and he signed the marriage certificate.
On March 5, Ross filed a petition for adoption that falsely claimed Ross was Thrash’s attorney, and falsely claimed that no court-ordered relationships impacted the parties, when the truth was that Thrash was under a court-ordered guardianship, according to court documents. Without permission from Thrash’s guardians, Thrash adopted Brittany and Jose Martinez.
Separately, Laura Martinez and her children have sued the probate judge.
Later, in the guardianship case, Ross filed a second motion to recuse the judge from Thrash’s case. During a hearing on the motion on sanctions, Martinez testified that suing the judge separately was part of a plan by Ross to create grounds for recusal in the guardianship case.
In February, Ross wrote two letters and then made Thrash copy the words in his own handwriting to file in the court case, the order said. Ross wanted it to look like Thrash wrote the letters, and didn’t tell the court those were Ross’ words, the order said.
Ross and the Martinez family have failed to comply with court orders by interfering with the guardians’ duties, and concealing some of Thrash’s assets, the judge found.
They wanted to gain control of Thrash’s property, and they appeared before a justice of the peace to assert rights under an alleged lease, according to the ruling. Opposing counsel confronted Ross, who admitted the lease document was “reconstructed from memory,” the order said.
The judge ruled, “Respondents designed and carried out a vexatious litigation campaign involving litigation against Thrash and his property, the guardians and the court.”
Read the sanctions order
Full Article & Source:
San Antonio Lawyer Sanctioned for Fraudulent Conduct Involving Elderly Millionaire
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