Tuesday, January 5, 2021

A $4.3 million embezzlement got a Miami lawyer disbarred. But did he stop practicing?

 By David J. Neal

GETTY IMAGES/ISTOCKPHOTO

A former Miami immigration lawyer who had been disbarred in 2013 after a $4.3 million embezzlement from his firm has been disbarred permanently after the Florida Bar said he continued to practice law for two Miami firms.

A referee’s report notes that Leonardo Roth, 60, denies that he’s done legal work since his disbarment. Still, Roth submitted a permanent disbarment on consent, which was accepted by the Florida Supreme Court.

Roth is permanently disbarred and owes the Florida Bar $1,250 in administrative costs.

Read more here: https://www.miamiherald.com/news/business/article248169220.html#storylink=cpy

“Since his disbarment, [Roth] has worked at two different one-attorney firms that have both re-branded themselves as some iteration of ‘Negocios en U.S.A.’ — [Roth’s] own brand for his immigration and investment business,” the Florida Bar wrote in its petition for contempt. “While this business requires a licensed attorney to make filings to government authorities, [Roth] serves as attorney-in-fact for several of the firm’s clients and enjoys managerial authority within these firms.”

The two firms are Salazar Dager & Associates, recently moved to Coral Gables, and Fernando Socol, P.A.

Read more here: https://www.miamiherald.com/news/business/article248169220.html#storylink=cpy

A search of state online records shows ”Negocios en USA” registered with the state in 2011 by attorney Jesus Aveledo, then changed its name to “Business Seminars” in 2013. All correspondence on that action was to be directed to Fernando Socol of “Negocios en USA — a law firm” at 201 S. Biscayne Blvd., Suite 905.

That’s the address Roth registered to RM Attorneys At Law and the one that’s still on Roth’s Florida Bar profile.

That’s also the address at which complaining client Martin Magurno said he met Roth more than once for immigration help in 2012 and 2013, according to the Bar complaint.

“According to [Magurno], [Roth] “gave every appearance that he was an immigration lawyer and/or investment advisor.”

According to the Bar’s petition, Socol sent an Aug. 11, 2017 letter to clients that said Roth and Aveledo had left the firm and claimed Roth had just been a senior paralegal.

Read more here: https://www.miamiherald.com/news/business/article248169220.html#storylink=cpy

The address of “Business Seminars” changed on the 2018 state filing, the first filing after Roth and Aveledo left Socol’s firm. The new address was 701 Brickell Ave., Suite No. 850 — the previous address for Salazar Dager, the one that’s still on the firm’s website and the one that still comes up if you Google the firm.

That’s also the address where Aveledo has had “Negocios USA” registered with the state since the 2018 filing.

“Salazar Dager & Associates, P.A. formerly held the fictitious name “Negocios USA, Law Firm” and did business under that name, at least until March 23, 2020, when the fictitious name was canceled,” The Bar petition said.

Salazar Dager client German Avellaneda told the Bar that he received a letter from the firm that pictured Louisiana-licensed Morella Salazar-Dager, Aveledo and Roth at the top of the letter with “claims that the firm’s professionals ‘offer[s] their knowledge, efforts and experience to solve your legal needs, both in immigration and business matters.’”

Avalleneda, who paid the firm at least $11,435, also told the Bar he dealt only with Roth, met in Roth’s office at Salazar Dagar and saw Roth giving others at the firm direction on his case. Never did Roth let on that he was a disbarred attorney.

Read more here: https://www.miamiherald.com/news/business/article248169220.html#storylink=cpy

In a Wednesday phone call with the Miami Herald, Salazar-Dager said Roth’s role with the Miami office of Salazar Dager, “was as a paralegal and business developer. He hasn’t been acting as an attorney or giving legal advice.”

Salazar-Dager said she hadn’t seen the Bar petition.

Embezzlement and the original disbarment

Fernando Horigian handled the bookkeeping for the firm Roth had with Mark Rousso. The referee’s report preceding Roth’s original disbarment says he noticed some trust account shortages in April 2008. Rousso learned of them in December 2008, around the time Roth understood the massiveness of the financial maw about to swallow their firm:

The bookkeeper embezzled about $4.38 million.

Read more here: https://www.miamiherald.com/news/business/article248169220.html#storylink=cpy

“The referee noted that bookkeeper and his family allegedly fled to Argentina,” the referee wrote. “His whereabouts are unknown.”

While acknowledging there’s no evidence either Roth or Rousso were in cahoots with Horigian, the referee ruled that if they had done the oversight required by the Bar, they could’ve limited the damage.

Also, in trying to make good, the two didn’t inform some clients their disbursements were delayed while they paid other clients. The funds they raised to put the money back included a personal loan from a client who traded part of his trust account credit for a promissory note for more than $231,000. They defaulted on that loan.

The referee recommended suspension. The state Supreme Court disagreed and disbarred both Roth and Rousso on March 28, 2013, retroactive to their Dec. 8, 2010 suspension.

Read more here: https://www.miamiherald.com/news/business/article248169220.html#storylink=cpy
 
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