Showing posts with label Attorney. Show all posts
Showing posts with label Attorney. Show all posts

Monday, April 7, 2025

Attorney owes $26M for malpractice, elder abuse

BROOKLYN — A federal court preserves a $26 million jury verdict against attorney Howard Kleinhendler, who was accused of legal malpractice, fraudulent inducement and exploitation of a vulnerable adult. The evidence on the record supports allegations that the attorney persuaded an elderly client with Alzheimer’s to sell his 1,000-acre Virginia property for a reduced price of $12 million to a group of investors he had formed without disclosing his conflicts of interest.


Read the ruling here.

Source:
Attorney owes $26M for malpractice, elder abuse

Sunday, June 19, 2022

SC Supreme Court summons disgraced lawyer Alex Murdaugh to appear in person on disbarment

By John Monk 


The South Carolina Supreme Court has summoned suspended Hampton County attorney Alex Murdaugh, who remains jailed in Richland County on a slew of financial charges, to its courtroom on June 22 to show cause why he should not be disbarred. 

In an order published Thursday, the high court in essence said that Murdaugh’s financial crimes are so great, and he has confessed to some of them, that it is a waste of the court’s investigative arm’s time and resources to investigate them any more. 

“Respondent shall appear in the Supreme Court Courtroom at 11:00 a.m. on June 22, 2022, to present legal argument on the question of whether this Court should disbar Respondent from the practice of law,” the court’s order said.

It was signed by Chief Justice Donald Beatty for all five justices. 

“In this unique case, (Murdaugh’s) admissions in the public record lead to only one conclusion — that (Murdaugh’s) egregious ethical misconduct subjects him to the most significant sanction available — disbarment. Accordingly, we find there is no need to expend additional resources to proceed through the normal disciplinary process,” the court’s order said.

Murdaugh’s attorney, Jim Griffin, said he doesn’t expect Murdaugh to contest the motion. He also said he expects Murdaugh to be there in person because the Supreme Court has also ordered a sheriff’s van to transport Murdaugh from the jail to the Supreme Court courtroom. 

If Murdaugh is disbarred because of this order, it means the public won’t get to see a full public accounting by the court of the extent of Murdaugh’s misdeeds and how he carried them out. 

Normally, the court’s investigative arm, called the Office of Disciplinary Council, conducts an investigation and after an in-depth process submits its findings for the court. The court then usually issues lengthy public findings of fact before taking serious disciplinary action. 

In a final order of disbarment, the Supreme Court could still issue findings of fact, but how detailed that document would be is open to question. 

State grand jury indictments issued last fall, winter and this spring charge Murdaugh with using sham bank accounts and con schemes to steal more than $8 million from his law firm, his clients and associates for a 12-year period.

But the indictments are only generally worded accusations and do not give the kind of details that would surface in a full-fledged Supreme Court investigation or a trial. 

“There is no factual dispute about whether (Murdaugh) engaged in dishonest conduct,” the court said. 

Murdaugh has been in the Richland County jail since last fall unable to post $7 million bond for his alleged financial crimes. It is one of the highest bonds ever set for a state criminal defendant. 

Murdaugh has appeared by remote video in previous hearings. In this case, however, the high court said it wanted him in its courtroom.


Full Article & Source:

Tuesday, September 28, 2021

'TRAGIC' RHOBH’s Erika Jayne has ‘breakdown’ over ex Tom Girardi’s conservatorship & slams his family for dementia facility plans

Click to Watch Video

by Katherine Schaffstall

REAL Housewives of Beverly Hills star Erika Jayne had a "breakdown" over ex-husband Tom Girardi's conservatorship.

The 50-year-old slammed his family for their dementia facility plans during Wednesday's episode of the Bravo show.

Erika admitted to having a 'breakdown' over Tom's conservatorshipCredit: Bravo

Tom's family chose to put him in a facility for his dementia

While sitting down with Kyle Richards, 52, and Lisa Rinna, 58, Erika revealed Tom's brother, Robert, had been appointed his conservator due to the former lawyer's dementia.

After sharing his family's plans to put him in a senior home, Erika made it clear that she did not support the idea.

She said: “I’m ready to have a nervous breakdown because regardless of what is going on with him legally, this is someone I was married to for 22 years.”

Erika said she “doesn’t agree” that Tom, 82, needs to be put in a home, explaining: “My grandmother was put into a home. She had very bad dementia.”

After noting that her grandmother was the “most beloved” person in her life, the RHOBH star continued: “This is a very difficult thing because I watched my grandmother die and to see this happen here again.”

PERSONAL EXPERIENCE

She told the Kyle and Lisa: “When my grandmother was in her home, Tom paid for that. 

"He was there for my grandmother. We have to remember that."

Erika continued: "I think he needs a caretaker, for sure.

"But I don’t think that he needs to be in a home like I saw my grandmother in. I know what they do to you in there.

"It’s supposed to be great care but if you lash out then they medicate you. The only way is down.”

'NIGHTMARE'

After stating his adult children want nothing to do with Tom, Erika admitted that the situation “tragic” and a “nightmare.”

Back in August, Tom was spotted at a nursing home as the former high-powered attorney wore an oversized purple sweater and white pants during his outing.

He had his face mask under his chin before putting it back on.

After taking in the air and views, Tom re-entered the rest home.

More recently, it was revealed that Tom has been moved to another facility in Burbank, CA.

ERIKA'S LEGAL PROBLEMS

The RHOBH star filed for divorce from Tom back in November after about 21 years of marriage.

After their split was confirmed, the former couple was hit with a number of lawsuits.

Despite claiming she was not aware of Tom’s wrongdoings, the Bravo star has found herself at the center of the legal drama.

Erika was accused of “hiding her bank statements," as a trustee's special litigation counsel confirmed that Tom’s law firm transferred about $20 million to her many businesses.

The pair's legal drama has become a hot topic on the most recent season of RHOBH.

NO MORE RUNNING

The Real Housewives star recently shared a teaser pic from the upcoming reunion 

In the snap, Erika had a vibe of old-school Hollywood glamour in a Marilyn Monroe-inspired baby pink dress.

She posed on the stairs of her trailer as she combed her long blonde hair in dramatic waves and showed off her cleavage in the plunging mini dress.

She captioned the post: "Like me or not, I don’t run and hide. #rhobh reunion."

Erika filed for divorce from Tom in NovemberCredit: Bravo

Full Article & Source:
 
See Also:

Friday, February 5, 2021

Judge Places Thomas Girardi Under Conservatorship as RHOBH Attorney May Move Into Care Facility After “Medical” Emergency

By Lindsay Cronin


Thomas Girardi, the husband of Real Housewives of Beverly Hills cast member Erika Jayne, has just been placed under a temporary conservatorship amid a possible move in the near future into a facility that treats neurocognitive disorders.
 
According to a series of new reports, Los Angeles Superior Judge Daniel Juarez granted a petition filed by Robert Girardi, the brother of the 81-year-old attorney, on Monday, and he named a temporary conservator for Thomas.
 
On February 1, The Blast revealed Robert would serve as Thomas’ temporary conservator and confirmed that because of his alleged medical issues, Thomas was not present at the hearing.

In a report written by Thomas’ court-appointed lawyer, Rudy Cosio, it was said “that Thomas could not fully comprehend the nature of the proceedings although he did state that he had no objections to Robert taking care of him the limited purpose of executing contracts on his behalf. Thomas voiced his concern of having a media circus at the hearing.”

“He indicated that he wanted to continue the matter for thirty days as 10 identified the petitioner and reviewed the petition with him,” the lawyer continued, adding that Thomas was “currently having tests performed to diagnose any memory issues.”
 
Weeks ago, Robert filed a petition to be named as Thomas’ conservator, claiming the attorney, who was recently forced into bankruptcy, was unable to take care of himself and experiencing memory loss.

While Robert claimed Thomas is unable to perform his day-to-day functions without assistance, Thomas’ many creditors have questioned whether he’s truly experiencing memory loss and made it clear that they find the timing of his supposed struggles convenient.
 
According to a second report from Us Weekly, the conservatorship is set to expire on March 30 with an additional hearing set to take place on March 15.
 
During the upcoming hearing, the court will discuss a number of other requests made in Robert’s petition for conservatorship, including his petition to be given the authority to put Tom in a facility that treats neurocognitive disorders.
 
Late last year, one of Thomas’ firm’s attorneys claimed in court that the RHOBH attorney was “unavailable… due to a serious illness that caused him to be hospitalized for which he sought treatment.”

The exact illness has yet to be revealed. 

Full Article & Source:
 
See Also: 
 
 

Wednesday, February 3, 2021

Tom Girardi’s Brother Robert Girardi Named Temporary Conservator After ‘RHOBH’ Star’s Medical Emergency


By Meredith Nardino
 
Erika Jayne‘s estranged husband, Tom Girardi, has been placed under a temporary conservatorship, with his brother Robert being appointed to take control of his daily activities and personal care on Monday, February 1.

During a hearing on Monday, February 1, Tom’s court-appointed attorney Rudy Cosio announced that the 81-year-old would not be participating as he’d suffered a medical emergency over the weekend. Robert filed a petition to the court earlier this month to be given control over both his brother and his brother’s estate amid his ongoing legal battle. Judge Daniel Juarez approved the petition in part and named Robert the temporary conservator of Tom’s estate and control over Tom’s daily activities and personal matters until March 30.

An additional hearing will take place on March 15, where the court will deliberate over the other requests in Robert’s petition. Tom’s brother also asked the court to give him the authority to place Tom in a facility that treats neurocognitive disorders such as dementia.

Tom Girardi. YouTube

“There was an urgent need for Bob Girardi to have the power to engage counsel in the bankruptcy proceeding on his brother’s behalf, and Tom’s court-appointed counsel clearly agreed, as did the court today,” Robert Girardi’s attorney Nicholas Van Brunt told Us Weekly in a statement.

According to court documents previously obtained by Us in January, Robert claimed that Tom was facing major health setbacks amid his divorce from Jayne, 49, and embezzlement scandal. Robert requested to be given control over his brother’s finances as “[Tom] is incapable of realizing and understanding the repercussions of the bankruptcy filings pending against him and the Debtor,” the docs stated.

News broke in November 2020 that the Real Housewives of Beverly Hills star filed for divorce from the Colorado native after more than 20 years of marriage. One month later, class action firm Edelson PC accused the pair of faking their split to “fraudulently protect Tom and Erika’s money,” claiming that the pair were “on the verge of financial collapse.” The duo was also accused of embezzling $2 million in settlement funds intended to help the families of Lion Air Flight 610 victims.

Tom Girardi and Erika Jayne. Damian Dovarganes/AP/Shutterstock; Michael Simon/startraksphoto.com

As the legal drama continued, court documents obtained by Us in December 2020 revealed that Tom was secretly hospitalized for a “serious illness” weeks prior. Details of the health scare were not known at the time, but attorney Evan Jenness told a judge at the time that there were growing concerns over his client’s mental capacity.

“I’m unsure that he understands either the nature or the gravity of the current situation,” the lawyer told a judge in December, according to The Los Angeles Times. Jenness recommended at the time that Tom should undergo a mental examination as his assets were frozen by the court.

Us has reached out for further comment. While neither Jayne nor her estranged husband have spoken publicly about their legal woes, a source previously revealed that the Bravo star is “still in disbelief” about the situation.

“The legal issues are unfolding one after another and she’s learning as everyone’s filing,” the source told Us in December. “As the whole world is finding out about it, she’s finding out about it. She’s reading about it in the press before she even sees it [from her lawyers].”

According to another insider, the “Pretty Mess” singer plans to tell-all during the next season of RHOBH.

“Erika will address her divorce on the upcoming season of The Real Housewives of Beverly Hills. Legally, there is only so much she is allowed to say, but she has been advised on what she can put out there,” the source told Us of the 11th season of the reality show. “Viewers will also finally hear the other Housewives’ thoughts on Erika and Tom’s divorce.”

With reporting by Marjorie Hernandez 

Full Article & Source:
 
See Also: 
 
 

Sunday, January 24, 2021

Tom Girardi's Brother Files for Conservatorship amid Legal Troubles and Split from Estranged Wife Erika

In the petition for appointment of conservator, Tom's "current condition" is described as "sadly deteriorated to the point where he cannot care for himself without assistance"

By Ashley Boucher 

As Erika and Tom Girardi's legal troubles and divorce continue, the 81-year-old trial lawyer is having a difficult time caring for himself his family says.

In a citation for conservatorship obtained by PEOPLE Thursday, Tom's brother Robert Girardi says that Tom is unable to provide for his personal needs and unable to manage his financial resources. 

A court hearing is set for June 9. If Robert is appointed Tom's conservator at the hearing, he will become responsible for deciding where Tom lives as well as appropriate care for him. Robert would also take over control of Tom's property and estate. 

Erika Girardi and Tom Girardi
| Credit: Steve Eichner/AP

In the petition for appointment of conservator, Tom's "current condition" is described as "sadly deteriorated to the point where he cannot care for himself without assistance."

Tom and Erika Girardi on RHOBH
 
"His short-term memory is severely compromised and, on information and belief, he is often not oriented as to date, time or place," the petition says, adding that Tom's housekeeper of 25 years is quitting because he can no longer pay her. 

"While Tom does have family members, such as Petitioner [Robert], and certain friends looking out for him to make sure he has sufficient food and that he makes it to a given appointment on time," the petition says, "left to his own devices, it is highly doubtful that Tom could manage most of the activities of daily living for any significant period of time without assistance."

Erika filed for divorce from Tom in November, telling PEOPLE at the time that it was not "a step taken lightly or easily."

In the filing, Erika sought spousal support and requested the court terminate its ability to award spousal support to Tom. Tom responded by asking the court to terminate its ability to award spousal support to Erika, and to request that the Real Housewives of Beverly Hills star pay attorney fees and costs.

Tom and Erika Girardi
| Credit: Bravo

Tom and Erika do not have a prenup, PEOPLE previously reported.

Just one month later, the couple was sued for allegedly using their split to embezzle money. In December, Tom and his law firm, Girardi & Keese (GK), were held in civil contempt and have had their assets frozen by a judge.

Also last month, Tom was hit with another lawsuit, this time from his partner Robert Keese and fellow business partners Robert Finnerty and Jill O'Callahan to dissolve their venture together. The men claim that Tom never paid them approximately $315,000 in income, instead keeping the money for himself, and that he took out loans against their property without their knowledge for his "own personal gain, benefit and use."

Amid all of this, Tom's lawyers have said in court that he "has had issues of his mental competence" and asked a judge to order "mental health exam," the Los Angeles Times reported.

Edelson PC and Erika declined to comment on the case, and Tom did not respond to PEOPLE's request for comment at the time.

Full Article & Source:

Monday, May 18, 2020

Panel urges disbarment over conflict of interest

By Sarah Mansur

A Woodstock attorney who received nearly $400,000 from his mother’s assets after redrafting her will six years before she died should be disbarred, an Attorney Registration & Disciplinary Commission panel has found.

The ARDC hearing board decided Jeffrey J. Keck had a conflict of interest when he drafted a new will for his mother, naming himself as the sole beneficiary and disinheriting his sibling.

It also found Keck, a sole practitioner, made false statements while testifying in probate proceedings related to his mother’s estate.

Keck denied allegations of misconduct, but he did not participate in the disciplinary hearing before the board.

Keck prepared wills for both his parents in 1980, according to the ARDC hearing board report filed April 27.

His father’s will left his entire estate to Keck’s mother, Margaret. If Margaret predeceased her husband, the estate was to be divided between Keck and his only brother, William.

Margaret’s will was similar, according to the report.

In April 2004, Margaret executed a new will that named Keck as the sole beneficiary, the report states. The new will does not list an attorney, nor does it state Keck or his brother were present.

William testified he only became aware of the new will after his mother died in May 2010.

Shortly after her death, Keck submitted a claim to AIG as the sole beneficiary of his mother’s life insurance policy. In July 2010, AIG paid Keck $252,343.90, the entire amount under the policy.

In December 2010, William filed a petition for probate and proof of his mother’s will. Several months later, he contested her will in court.

Keck testified in a deposition for the probate matter in July 2011 that he didn’t know who drafted his mother’s 2004 will, according to the board report.

When the dispute over her will went to trial in January 2014, Keck testified he prepared a draft will for Margaret in 2004 and that the draft appeared to be the same will that was executed in 2004.

In February 2014, a Kane County judge set the will aside on the grounds of undue influence, according to the hearing board report.

The court also revoked Keck’s status as executor and appointed Patrick M. Kinnally as the administrator for the estate.

In November 2015, Kinnally’s accounting showed the estate assets totaled $115,014.84. After payment of fees and expenses, the net assets totaled $42,601.30, of which Keck and William each received $21,300.65.

The hearing board’s report states Keck also received $88,500 from Margaret’s checking account and more than $47,000 from the value of her stocks.

All told, Keck received at least $387,843.90 from his mother’s assets, while his brother netted roughly $21,300, according to the report.

“When we consider all of the foregoing evidence, we conclude that [Keck] abused his position of trust and influence with respect to Margaret to dishonestly convert funds from her during her lifetime and to obtain sole possession of the proceeds of her life insurance policy and other assets after her death. We also find that he engaged in dishonesty based upon his involvement in the presentation of false insurance beneficiary documents,” the hearing board report states.

The hearing board — which consisted of James B. Pritikin, Nancy Hablutzel and Audrey Hauser — recommended Keck be disbarred.

Keck was licensed to practice in Illinois in 1978. He didn’t respond to a request for comment.

Findings by the hearing and review boards are strictly recommendations. Any discipline is decided by the Illinois Supreme Court.

This case is In re Jeffrey Joseph Keck, 19PR0027.

Full Article & Source:
Panel urges disbarment over conflict of interest

Wednesday, February 19, 2020

NY Lawyer Arrested in Atlantic City, NJ, After Buying Boat, Sailing for St. Croix to Escape Grand Larceny Charges

Tara Boyle Fallon was arraigned in a Manhattan courtroom Tuesday, six months after a warrant was issued for her arrest, according to criminal court filings.


By Jane Wester

Photo: Shutterstock
A New York lawyer tried to escape a grand larceny investigation related to one of her cases by buying a sailboat in cash and heading for St. Croix in the U.S. Virgin Islands, according to the Manhattan District Attorney’s Office.

Tara Boyle Fallon was arraigned in a Manhattan courtroom Tuesday, six months after a warrant was issued for her arrest, according to criminal court filings.

A client who hired her in 2016 to help settle his brother’s estate approached police because he suspected Fallon was not handling the matter properly, according to the filings. Investigators discovered she was taking the estate money—nearly $850,000 in two and a half years—for personal use, according to the filings.

After learning that the client had reported his concerns to police, Fallon turned over a misleading accounting of the estate, according to the filings. An arrest warrant was issued in August, but it would take investigators—including the U.S. Coast Guard—months to find her.

Fallon and her husband “sold their Brooklyn home, changed their phone numbers, and adopted aliases,” according to the filings.

She missed other clients’ court dates without explanation, according to the filings, because she and her husband had spent $12,500 on a boat and told the seller they were heading to St. Croix.

The couple were “not experienced sailors,” and their boat ran aground in New Jersey, according to the filings.

Fallon was arrested last week in the Atlantic City area while trying to repair their boat and continue to flee, according to the filings.

Fallon did not immediately respond to requests for comment Tuesday.

At Tuesday’s arraignment, assistant district attorney Kelly Thomas noted that grand larceny is not a bail-eligible offense under new laws in effect this year.

Fallon and her husband are believed to still “have access to a significant amount of cash,” Thomas said, so she asked for strict supervised release.

Fallon is expected to give up her passport Thursday and is not allowed to travel outside New York and Connecticut, according to the conditions of her release.

According to her LinkedIn page, Fallon graduated from Brooklyn Law School in 2003. She is managing partner at Tara Fallon & Associates, according to the page.

Full Article & Source:
NY Lawyer Arrested in Atlantic City, NJ, After Buying Boat, Sailing for St. Croix to Escape Grand Larceny Charges

Wednesday, July 31, 2019

Father-Son Attorneys Fight Over Family Trust With Claims of Dementia, Fraud


A prominent Miami attorney-philanthropist is fighting claims that he has dementia and is a vulnerable victim of financial fraud. The assertions come from his son, a former Bush administration general counsel and U.N. representative.

A state appeals court panel has rejected a bid by a lawyer for the medical records of his father, also a lawyer, in a fight over claims of dementia and financial fraud.

Mark Wallace subpoenaed the records of his father, Milton Wallace, to use in an as-yet-unfiled case to have his father declared incapacitated. But a probate court agreed with lawyers for Milton Wallace to protect the records.

Mark Wallace appealed, but a Third District panel in June split 2-1 to affirm the lower court order enjoining ex parte communications with a future examining committee to be named if Mark Wallace filed a petition for incapacity.

Todd Legon, Milton Wallace’s longtime law partner at Legon Ponce & Fodiman in Miami, said the decision was “an important victory for seniors in Florida because it prevents their constitutionally protected medical records from being used against them in legal proceedings.”

Legon flatly denied the claim that Milton Wallace has dementia.

Mark Wallace did not return a call for comment by deadline. His attorney, Brian Stack of Stack Fernandez & Harris in Miami, had no comment on the litigation.

At the appeals court, Judge Vance Salter dissented, saying the injunction was premature, unwarranted and amounted to “a prior restraint and ‘medical gag order.’ ”

He maintained Circuit Judge Mindy Glazer, who is hearing the trust case, lacked jurisdiction to issue an injunction affecting Mark Wallace’s contemplated guardianship case.

Judge Eric Hendon, writing for the majority, dismissed that concern in a footnote, saying a protective order allows “the guardianship judge to readdress matters in the order” if that case is filed.

Tuesday, December 5, 2017

Lawyer found guilty of stealing more than $400K

BOWLING GREEN – A local lawyer accused of stealing more than $400,000 from a client was found guilty late Wednesday on all 14 counts he faced.

Robert Searfoss III, 40, of Perrysburg was convicted by a jury in Wood County Common Pleas Court of two counts of aggravated theft, four counts of engaging in a pattern of corrupt activity, four counts of money laundering, three counts of theft, and one count of grand theft.

The jury also found Searfoss responsible for 20 of 22 specifications that sought forfeiture of money as well as property purchased with the stolen money.

Prosecutors said Searfoss was in serious personal financial straits when he dipped into the trust of Eric Walker to buy a house and pay off debt, including back taxes, child support, and a home equity loan.

Defense attorney Rick Kerger contended Walker had borrowed the money from Mr. Walker's trust to be paid back with interest as a way of helping Mr. Walker shield the trust from his ex-wife.

Common Pleas Judge Alan Mayberry is to sentence Searfoss Jan. 2.

Searfoss has been held in the Wood County jail since his indictment in May.

Full Article & Source:
Lawyer found guilty of stealing more than $400K 

See Also:
Lawyer arraigned on 14 theft charges

Tuesday, August 29, 2017

Ahwatukee attorney turning business from law to advocacy for seniors

Don Scher
In a world of caretakers, guardians and probate lawyers, Don Scher sees a near void.

He doesn’t see many trustworthy friends and advocates for people too old or infirmed to handle their financial and lifestyle affairs.

That’s why the Ahwatukee resident is giving up his Chandler law practice to devote himself to a new business, hiring himself out as a “personal counselor, agent, advocate and protector” for elderly people who want to protect themselves in the future and caring relatives or friends of elderly and other people who cannot take care of themselves.

The Southern California native, a father of five and grandfather of 11, has been a lawyer for 30 years, gravitating to the profession because he wanted “to protect my clients’ interests, both personally and financially, and in business matters as well.”

“I have emphasized in my practice, protection of the elderly, with particular interest in combatting elder abuse and financial exploitation of vulnerable adults,” he explained.

“My law practice involves wills, trusts, estate planning, guardianship, conservatorships, probate and trust administration, in addition to corporations, real estate, entity formation, franchise, contracts and general business matters.”

But while taking care of his widowed mother, he saw the ravages that time and dementia can exact.

Recalling how in that time spent his mother “went from an independent widow of 77 to age 92 and didn’t know who she was or where she was,” Scher said he saw “the challenges facing seniors, how they are treated by the community and how they are exploited.”

And now he’s somewhat more cynical of the odds of being scammed.

“Thirty years ago, people used to think that 10 percent of the people were dishonest honest and 90 percent were honest. Now, it’s 10 percent of the people are trustworthy and 90 percent are crooks.”

Scher said his clients “are parents and grandparents who want to protect themselves by effective estate planning” or “by anticipating the challenges in their families.”

They also include “children who find that their parents have been exploited by a family member or some third party, and want to stop the exploitation, or family members who need legal authority to care for a parent or family member, both medically and financially, or the surviving widow or widower, who is without friends or family support who wants to be sure that there is someone to step in to take care of them if they become ill or lose the capacity to make medical and/or financial decisions.”

His goal for them all: “I want to keep them out of the court system. I want their golden years to actually be golden and pleasurable.”

“That’s why I am starting this new practice,” he added. “I want to be able to act as their best friend and confidante, someone they know who is in their corner.”

As an advocate, Scher said he acts as his client’s “advisor, agent and representative, working with family members and their own CPA, attorney, insurance and financial advisor.

“I will be first and foremost protecting my clients’ from abuse and exploitation as their shield from anyone asking for money in any form,” he said, adding he also plays other roles as well.

“I will be there to resolve family disputes, to help deal with family members who have special needs, to mentor family members about how to handle wealth and about education for business and financial matters, and to educate the clients about their options to enjoy life and to facilitate that enjoyment, without regard to age, mobility or other limitation,” he said.

His background positions him well.

With a bachelor’s degree in accounting and law degrees from two universities, he has managed several businesses, developed an office complex and consulted for the state Land Department.

He is dismayed by the number of firms and solo practitioners who offer free dinners and lunches under the guise of giving advice, but then end up selling products such as life insurance.

His services just aren’t aimed at seniors.

There can be issues, for example, that parents can face in caring for a special-needs child or even a son or daughter who has become addicted to drugs or alcohol.

“My intention to do personal advocacy business,” Scher said. “I want them to know my sole purpose is to advise them, counsel them.”

Full Article & Source:
Ahwatukee attorney turning business from law to advocacy for seniors

Monday, July 17, 2017

Casey Kasem's Widow Alleges 'Human Trafficking' in Grievance Against Tacoma Attorney, Scott Winship

Fallout from the fight between Casey Kasem’s widow and three of the radio personality’s adult children has reached the Washington State Bar Association.

Jeannie Kasem said Thursday she filed a grievance with the bar this week, alleging that Tacoma attorney Scott Winship was part of “racketeering” to “human traffic” her husband before his death in June 2014.

Winship did not return phone or email messages from The News Tribune on Thursday.
He represented Kerri Kasem, Casey Kasem’s daughter from another marriage, after Jeannie Kasem moved her husband from California to Silverdale in 2014.

The children from the previous marriage feuded with their father’s wife about his care and access to the “American Top 40” host as his health worsened, until he died at a Gig Harbor Hospital at age 82.

A court ultimately gave Kerri Kasem authority over her father’s health-care decisions, as he suffered from a condition called Lewy Body dementia.

Jeannie Kasem filed a wrongful death suit against the three children and others last month in U.S. District Court in Washington.

The suit and the bar grievance allege Casey Kasem died as part of a “homicidal guardianship scam.”

She alleges in the grievance that Winship “misled” a Kitsap County judge, who allowed Casey Kasem to be taken from Silverdale to St. Anthony Hospital in Gig Harbor for a medical evaluation, where he later died.

“Scott Winship was racketeering with Los Angeles attorneys to human traffic Casey Kasem for commercial gain through their depraved homicidal guardianship scam,” the grievance states.

It also says the court-ordered medical evaluation was done by a doctor who is married to Winship’s paralegal.

Kerri Kasem told the Los Angeles Times last month that the actions the children took were court-ordered, and that the suit was a ploy for media attention.

“For her to say we unplugged him — we tried everything we could to save him,” she said of allegations in the lawsuit. “These lies are so awful. It’s so awful to hear this.”

Asked why she filed the grievance against Winship, Jeannie Kasem said Thursday: “The Bar Association is very powerful. And they operate and police their own, so they say. It’s important to speak out and to tell the truth as to what happens to somebody when an attorney acts the way that Scott Winship did.”

Full Article and Source:
Casey Kasem's Widow Alleges "Human Trafficking" in Grievance Against Tacoma Attorney, Scott Winship

Thursday, June 8, 2017

Lawyer arraigned on 14 theft charges

BOWLING GREEN — A local lawyer found himself on the wrong side of the defendant's table Tuesday as he was arraigned on 14 felonies charging him with stealing more than $400,000 from a client.

Robert Searfoss III, 40, of Perrysburg was named in a secret indictment handed up by a Wood County grand jury last week charging him with two counts of aggravated theft, four counts of engaging in a pattern of corrupt activity, four counts of money laundering, three counts of theft, and one count of grand theft.

The indictment alleges that between April, 2015, and April, 2017, Mr. Searfoss stole about $435,000 from Eric Walker and the Alice C. Walker Revocable Trust, for which he was the trustee.

The indictment includes numerous specifications that seek forfeiture of real estate he owned on Georgetown Drive in Bowling Green and Shawnee Drive in Perrysburg, his law practice on Oak Street in Bowling Green, and two vehicles.

Mr. Searfoss appeared in court shackled and wearing an orange jail jumpsuit and was returned to the Wood County jail on $500,000 bond.

His court-appointed attorney, Kurt Bruderly, had asked the court for some kind of supervised recognizance bond saying Mr. Searfoss would voluntarily surrender his law license, reside with his parents in Bowling Green, and seek a “blue-collar” job.

“A search warrant was executed at his residence about six days prior to this, and he did not flee the area,” Mr. Bruderly said. “He remained in … the Wood County area. He had every opportunity to know what was coming and flee, but he did not do that.”

Thomas Matuszak, chief assistant county prosecutor, told the court that Mr. Searfoss had a pending disciplinary case before the Ohio Supreme Court and an outstanding arrest warrant issued in Michigan.

“We have not been able to trace all of the stolen proceeds, which is believed to be in the neighborhood of $435,000, so the defendant might have the ability to post some sort of cash bail or bond,” Mr. Matuszak said.

Judge Alan Mayberry agreed.

“Given the Michigan warrant, given the number and severity of the counts as well as the [potential] forfeiture and fines, it would appear that there is a risk that the defendant may not appear,” the judge said. “Given that, the court would set bond sufficient to cover the alleged amount” of stolen funds.

Wood County Prosecutor Paul Dobson said members of the public often entrust their attorney with large sums of money, for a variety of reasons.

“Lawyers operate in a system of trust,” Mr. Dobson said. “As lawyers, we take that position very seriously and are intolerant of allegations of violations of that trust.”

Mr. Bruderly said Mr. Searfoss, a father of seven children, has a child living in Grand Traverse County, Mich., and the warrant from there was likely related to missed child-support payments.

A graduate of the University of Toledo college of law, Mr. Searfoss established his law practice in 2007 and was “committed to clients,” the firm's Facebook page says.

Full Article & Source:
Lawyer arraigned on 14 theft charges

Thursday, February 2, 2017

Judge, attorney face questions about woman's suicide

WSMV Channel 4 NASHVILLE, TN (WSMV) -
A well-known Nashville judge and attorney were interviewed in connection with the suicide of a young woman who had recently returned from an out-of-state trip with them last year.

A recently released investigative file compiled by Metro Nashville Police Department detectives shows that police initially considered the death of Leigh Terry suspicious, in part, because several eyewitnesses told police that while on the trip, Terry had made statements threatening to expose the judge and attorney.

Friends of Terry said she had it all. She was beautiful, smart, classy: the daughter of a Belle Meade surgeon.

But there was a dark side, her friends said. Terry drank and mixed alcohol with prescription drugs.
A series of drunk-driving charges landed her in the court system.

Her interactions during a trip to Mobile, AL, in late April 2016 with Davidson County General Sessions Judge Casey Moreland and his friend, attorney Bryan Lewis, became part of a police investigation into her death.

Terry’s body was discovered May 25, 2016, by a maintenance man at the Stahlman Building in downtown Nashville. He called 911 after residents complained of a foul smell.

"I'm pretty sure someone passed away,” the maintenance man told the 911 dispatcher.

Terry was found on her bed with a Smith and Wesson handgun at her temple. Police traced the gun to its owner, Bryan Lewis.

Police later established Terry had been dead about three weeks.

Metro police conducted an investigation that would take months. They eventually concluded it was a suicide.

During the investigation, witnesses whose statements were recorded by Metro police detectives recounted threats that they said Terry had made to expose an affair between herself and Lewis.

Police would later learn Lewis and Terry’s names were on the Stahlman apartment lease, and that she had listed him as her boyfriend on the emergency contact sheet. Both of them had keys.

Lewis would confirm in a June 27 interview recorded by police at Central Precinct that he and Terry had a sexual relationship.

"It would be classified a friend and a friend with benefits. Had I had sex with her on occasions? Yes," Lewis said during the recorded interview with a detective.

The relationship began, he had said in the earlier interview, after Terry became his client.

"I'll give you the whole history. Met Leigh about three years ago, when I first represented her for free on a DUI case. She was in with a whole group of friends,” Lewis said in the recorded interview.

Paperwork on file at the court clerk's office shows that Lewis represented Terry on a 2013 drunk driving arrest; it was a charge of DUI second offense.

The charge was reduced to reckless driving in General Sessions court. She received a sentence of six months’ probation. Court records show Judge Casey Moreland’s stamp on a document that appears to terminate Terry’s probation a few months early. Moreland is the same judge who had been on the Alabama trip just days before Terry's suicide.

It was trip that witnesses said turned awkward, ending with Lewis sending Terry home early.
"She was just mad that whole day and was just abusive toward everybody," Lewis said on the police recording.

Terry's friend Natalie Amos was also on that trip. She told police investigators that Terry was arguing with Lewis.

"Very heated. She and Bryan are yelling at each other," Amos told the detective interviewing her.

In the June 27 interview, Lewis’ second with police, he was asked by a detective about text messages the detective said Terry sent Lewis that night. Detectives said the texts threatened to reveal intimate relationships between he and Terry, and between Amos and Judge Moreland, who is also married.

“’Cause she said in there that she was going to expose Casey and Natalie's relationship on the text. And that she was going to talk about, to your wife, did she do any of those things?" the detective asked.

"No, she did not," Lewis replied.

"I took it as an idle-type threat from her, something that was made in the heat of the moment. And that she wouldn't follow through with," Lewis told the detective.

But Amos thought there was more to the threat than just jeopardizing marriages.

Terry had been working at Lewis' law office. Amos says during the trip, Terry threatened to reveal something she recently discovered that she said could ruin Lewis personally and professionally.

"She said, ‘OK, I hope you're ready. I will ruin you.’ She said, ‘I know things, you all both know what I'm talking about,’" Amos told the detective.

"She was adamant she knew she had information that could really blow up his life," Amos added.
Two months after Terry's body was discovered, detectives interviewed Judge Moreland at his office in the courthouse. Police confirm the judge's interview was not recorded.

The detectives' notes indicate Moreland was asked about Terry's threats.

Moreland said he thought "she would calm down and come to her senses,” and that he “felt sadness about her death.”

The detective's investigation concluded that Terry did in fact commit suicide, and closed the case. The TBI confirms that they were not asked to investigate further.

As our Channel I-Team investigation continues, you'll hear our exclusive interview with Natalie Amos,   Terry's friend and former roommate.

"She's gone. Yeah. I'm scared. And I was quiet for almost a year," Amos told the I-Team.

Amos had DUI charges of her own. As our investigation continues, we’ll look into whether court procedures were circumvented, and hear how Amos said it was Leigh Terry who first suggested the judge could help her.

"And she says, 'Well, I can call Casey.' And I was like, ‘Casey?' She says, 'Judge Moreland,'" Amos said.

And you'll hear what she said Terry told her about her own interactions with Judge Moreland.

"She was like, ‘Natalie, I was out of options. It was that, or I was looking at serious jail time,’" Amos told the I-Team.

The I-Team has made a number of attempts to do an on-camera interview with Judge Moreland; so far he has declined. So has Lewis, who told the I-Team’s Nancy Amons she would hear from his attorney.

Full Article & Source:
Judge, attorney face questions about woman's suicide

Moreland, Lewis made headlines in David Chase case

Judge Casey Moreland and his longtime friend, attorney Bryan Lewis, made headlines in a case that dominated Nashville news for months. (1-31-17)

View news report:
Moreland, Lewis made headlines in David Chase case

Monday, January 16, 2017

Richmond real estate lawyer may be unable to repay clients

In new court documents Richmond real estate lawyer Hong Guo claims she has “insolvency concerns” and that a trust fund shortage from her firm’s accounts affects more clients than she has previously identified.

Previously, it was reported that a number of Chinese investors and B.C. real estate professionals are suing Guo, alleging $2.1 million in losses, after Guo says more than $7.5 million was stolen from her trust account in early 2016. The trust fund shortage affected property transactions and left a number of Chinese investors unable to pay tax bills on Canadian real estate transactions, legal filings say.

But, according to Guo’s latest court filing, “the extent of the trust shortage is still not known with certainty.”

In an affidavit filed in B.C. Supreme Court Dec. 28, Guo says that about 99 clients were affected by the alleged trust fund theft. This figure is much larger than Guo’s statement in a Sept. 12 B.C. Supreme Court examination, in which she told a lawyer for one of her Chinese clients that only 60 clients were affected.

“I cannot state with total certainty that my assets and those of Guo Law Corporation are sufficient to make whole all of the approximately 99 clients affected by the theft of funds,” Guo’s Dec. 28 affidavit says. “The extent of the liability from filed or potential actions is unknown and growing.”

In a recent interview, Guo said that her law firm completes about $700 million in real estate transactions a year, and she owns enough assets to pay back anyone claiming losses against her and her firm in the case.

The B.C. Law Society has taken custodianship of part of Guo’s practice and has imposed trust fund conditions, including that Guo can’t make payments to clients affected by the shortage except through the society’s custodian.

Letters filed in court from the manager of custodianship, Michael Rhodes, show he rejected Guo’s Dec. 16 client repayment plan and pointed to potential breaches of the conditions that Guo is under.

A Nov. 29 letter from Guo’s office to Rhodes discloses that Nai Zhang, a client in China who is owed about $1.69 million and has not apparently filed court actions against Guo in B.C., contacted Guo via WeChat and said that she wanted to be excluded from the Law Society custodianship and to be repaid interest on her principal until the debt was paid off, “and Ms. Guo essentially agreed.”

“From what you say … Ms. Guo has agreed to pay interest to Ms. Zhang in priority to all of the other CIBC (trust fund) clients,” Rhodes replied. “In my opinion, to the extent Ms. Guo has made such payments, she is in breach of the order.”

In a Dec. 21 letter, Rhodes states that Guo doesn’t have the power to sell her assets as proposed in her repayment plan. For example, Rhodes says, Guo says she owns 35 per cent of the shares of a company with interests in “Surrey Development Properties” but “her shares are subject to a beneficial interest of her sister.”

Full Article & Source:
Richmond real estate lawyer may be unable to repay clients

Tuesday, May 3, 2016

Roger Talking About Attorney Howard Reiner

Roger being held against his will under Harris County Probate Court 4 and attorney Howard Reiner:

Source:
Roger Talking About Attorney Howard Reiner

Wednesday, April 20, 2016

Probate Judge Rory Olsen Complains to State Bar About a Lawyer in His Court

Wednesday, March 2, 2016 at 10:27 a.m.
By Craig Malisow

On January 25, Houston attorney Denyse Ward received an alarming call from Tim Baldwin, an investigator with the Texas State Bar: Baldwin said his office had received a complaint about her from Harris County Probate Court Judge Rory Olsen, regarding her involvement in a case before him — an ugly battle among a fallen police officer's heirs.

Baldwin told Ward, according to his testimony Tuesday in a hearing over Ward's motion to recuse Olsen, that the judge's two-page letter relayed a "general concern" about Ward's "interaction with his staff" on December 7.

Here's what happened: A hearing in the matter of police officer Richard Martin's estate was set for that afternoon, but Olsen never showed.

This puzzled Ward, as well as Houston Police Officers' Union President Ray Hunt, who was waiting outside the locked courtroom with Ward. Hunt had even invited KPRC reporter Phil Archer, who planned on covering the hearing. After a while of waiting, they went into Olsen's office, and Ward asked one of the staff what was going on. She was told the meeting was canceled and the judge had gone home.

Right before a hearing on January 7, according to Ward's motion, Olsen asked all the attorneys into the jury deliberation room, where he told them he'd been "contacted regarding this case." Olsen invited anyone who questioned his objectivity to file a recusal motion, according to the affidavit. No one did.

That all changed after Baldwin's phone call, which caught Ward by surprise. But, as Baldwin would later testify, Olsen's complaint was unsubstantiated. Although Ward asked for a copy of the letter, Baldwin said the rules of confidentiality prevented it. But, he would later testify, he told her that Olsen's concerns were unsubstantiated, and no action would be taken. Baldwin also testified that he ran the letter through the shredder after speaking with Ward and didn't have a copy.

Presumably, the only person who has a copy of the letter is Olsen, but he wouldn't talk to the Houston Press, citing "ethics." So all anyone knows about Olsen's complaint is what Baldwin remembers.

One might think that ethics might call for a judge to voluntarily remove himself from a case involving an attorney he bitched to the bar about — especially if the accused doesn't know the full extent of the allegations — but Olsen apparently knows better, which is why a bunch of lawyers and a visiting judge had to waste their time hearing testimony and arguments Tuesday.

We say "waste their time" because much of the 90-minute hearing before Judge Gladys Burwell was gobbled up by trying to classify exactly how the bar classified Olsen's letter. Although we called it a "complaint" at the top of the story, it should be noted that we mean "complaint" in the way that normal people use the word.

But the Texas State Bar's Office of Disciplinary Counsel is not a normal entity; its people have a unique taxonomy that ranks correspondence as "complaints," "grievances" or "inquiries." There's a separate process for each. Apparently the process for Olsen's letter was "shred this meritless B.S." Baldwin said that he never even contacted Olsen after receiving the letter.

Baldwin testified that the letter was neither a complaint nor a grievance, which is why Ward wasn't provided a copy.

"I tried to put her mind at ease...that there was no further action being taken," he testified.

But while the letter clearly meant nothing to Baldwin, Ward testified that it was a real bummer.

"My heart sank," she said. "I couldn't imagine what I'd done."

Ward believes that Olsen was under the impression that Ward invited KPRC's Archer to cover the meeting. (Baldwin testified that Olsen's letter implied that the media was "camped out" in his office.)
However, HPOU's Hunt testified — and swore in an affidavit — that he invited Archer without Ward's knowledge.

When Hunt took the stand, he testified, "I think Phil Archer would find that laughable — that the media was camped out in any way." [It must be mentioned for the record that when Ward's attorney played a clip of Archer's December 7 broadcast, Hunt was misidentified as "Ray Hung," which might be the greatest nom de porn this side of "Dirk Diggler."]

Arguing the obvious, Ward's attorney, Karen Alvarado, said, "We're not here to impugn [Olsen's] character in any way," but there's "a reasonable doubt as to his impartiality" regarding Ward. (She cited the "reasonable person" standard in the Texas Rules of Civil Procedure, which state that judges must recuse themselves if their "impartiality might reasonably be questioned.")

Alvarado argued that Olsen could have aired his concerns without taking the drastic action of going straight to the Bar — like, for example, addressing her in open court. (However, the Press understands that some people — many of whom are seventh-grade girls — prefer talking behind someone's back.)

"Not all judges like me, believe it or not," Alvarado argued, "...[but] the extra step of going to the State Bar is a big step."

Both Alvarado and Ward said that Ward's client — the fallen officer's ex-wife — was very concerned about Olsen's impartiality. We can't blame her.

The hitch is, that case isn't the only one of Ward's before Olsen. Ward has asked for Olsen to only be removed from the two cases before him that are contested by heirs. The attorneys in that other case argued against recusal Tuesday, which is understandable, since it's a distinct advantage when it seems like the judge in your case has a grudge against opposing counsel.

Burwell said she would look over both parties' filings before making a ruling. We'll keep you posted.

 "So much of what is best in us is bound up in our love of family, that it remains the measure of our stability because it measures our sense of loyalty. All other pacts of love or fear derive from it and are modeled upon it."  Haniel Long

Full Article & Source:
Probate Judge Rory Olsen Complains to State Bar About a Lawyer in His Court

Attorney Targeted Elderly in Ponzi, Says SEC


LOS ANGELES (CN) — Using ads in USA Today, an attorney and a businessman defrauded 250 people, mostly retirees, of nearly $12 million by promising huge returns from investing in lawsuits, the SEC claims in court.

 The SEC accused Michigan tax attorney James A. Catipay, Washington state legal marketer David A. Aldridge, and their California-based company Prometheus Law of four counts of securities fraud, in an April 15 lawsuit in Federal Court.

 The scheme capitalized on the growing business of "litigation funding," in which investors underwrite attorneys' high-dollar commercial lawsuits, in hope of profiting from settlements.

 Catipay and Aldridge took money from small investors, allegedly to fund personal injury and mass tort cases, but the SEC says it was a Ponzi scheme.

 "Catipay and Aldrich spent millions of dollars on personal items, including a million-dollar loft in downtown Los Angeles and paying Aldrich's personal income taxes. So when the first approximately $120,000 of investor returns came due, the defendants used money raised from new investors to pay the existing investors — payments that both Catipay and Aldrich admitted were, in fact, Ponzi payments," the SEC says in the lengthy complaint.

 They defrauded investors "by repeatedly downplaying the risks associated with their investments and the fact that their entire business model was unrealistic to afford the exorbitant returns promised," Michele Layne, the head of the SEC's Los Angeles office, said in a statement.

 Catipay and Aldridge told victims their money "is never at risk," the SEC says, citing the defendants' 2014 "information packet." They promised to spend the money lining up plaintiffs to bring class actions against drug companies and medical device makers, and guaranteed returns of 100 to 300 percent, according to the complaint.

 They offered what they called "forward contracts" that would pay off after a specific number of months, and said the mass tort cases "had settlement funds just waiting in escrow to be claimed," the SEC says. But "In fact, the investments were highly speculative and risky."

 Also, the SEC says, it is illegal for an attorney and a non-lawyer — such as Aldridge and the 250 investors — to share legal fees. Such fee-splitting "is widely prohibited, and therefore potentially unenforceable."

 Aldridge came up with the idea to market investments in medical litigation in mid-2013, but had trouble finding a lawyer to join him. Before meeting Catipay, he interviewed approximately 100 attorneys, who all "declined because of the ethical prohibition against fee-sharing with non-lawyers," according the complaint.

 After beginning in October 2013, Aldridge and Catipay's venture attracted $11.7 million, generally in small investments ranging from $5,000 to $10,000. The two struck a deal with a personal injury lawyer in Seattle — called "Attorney A" in the complaint — to represent any tort plaintiffs they found and to give their company one-third of any fees he collected.

 But they spent only about a third of the investors' money on looking for tort plaintiffs. And by early this year, those marketing efforts had returned less than $10,000 in attorneys' fees from the plaintiffs, the SEC said.

 The men spent most of the money on themselves. Aldridge withdrew $3.7 million of the investors' money, including $1 million to buy a condo and another $1 million to pay state and federal taxes, the SEC says.

 Catipay took $1.87 million for himself. After a dispute and lawsuit between the partners, Catipay acquired Aldridge's condo in a settlement.

 The SEC seeks freezing of assets, disgorgement of ill-gotten gains and civil penalties.
 Attorneys representing Catipay and Aldridge did not return calls seeking comment Monday.

Full Article & Source:
Attorney Targeted Elderly in Ponzi, Says SEC