bad lawyer – JDJournal

Las Vegas

Summary: A former Las Vegas attorney will spend at least 2 ½ years behind bars before earning the chance for parole after stealing money from several clients.

Former Las Vegas attorney Jeanne Winkler has already been disbarred. Now Winkler will be spending up to seven years behind bars for stealing over $140,000 from clients. District Judge Richard Scotti saw through her tears as she pleaded for leniency. He had “no doubt greed played a significant role” in her actions.

Winkler will spend at least 2 ½ years behind bars before becoming eligible for parole. Scotti explained, “There has to be consequences commensurate with the amount of harm you’ve inflicted.” She must also pay roughly $143,000 in restitution.

Chief Deputy District Attorney Jay Raman claimed that Winkler took money from several clients, including Juanita Thompson. She told the judge that she lost around $70,000 during a 2008 divorce proceeding to the “pure evil” Winkler. A former law partner of Winkler’s wrote that she had stolen $10,000 from him and his clients, ruining his reputation.

Just last year Winkler was ordered to serve 100 community service hours and pay $47,000 in restitution by a federal judge for another crime. She had developed a scheme to take over and defraud homeowners associations in the Las Vegas area. She lost her license in 2011 and was arrested on state theft and embezzlement charges for misappropriating $233,000 from a client trust account.

For the federal case, Winkler was a victim in a ten year long investment fraud scheme involving Family Court Judge Steven Jones, who is now in prison. She had cooperated with prosecutors and served as a government witness against Jones.

Winkler will get one week with family before being required to surrender for her sentence. She pleaded guilty to theft in May.

Where do you think Winkler went wrong? Did she make one little mistake that sets her down the wrong path or do you think she was bad from the beginning? Tell us in the comments below.

To learn more about other bad lawyers, read these articles:

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Scotland money

Summary: A law firm in Scotland has been shut down after it was found the firm was overcharging clients and taking money from the trusts.

After overcharging clients by over £100,000, a partner in a Scottish law firm has been found guilty of professional misconduct. Philip Hogg, 50, had his certificate to practice suspended for five years by the Scottish Solicitors’ Discipline Tribunal (SSDT).

Hogg’s firm, Alder Hogg, had been claiming fees that they were “not entitled” to by overcharging their clients. His partner in the firm Alison Greer, who happened to be his twin sister, was also a participant in the scheme.

In 2007, Greer failed to respond to correspondence by the SSDT and thus became the subject of a complaint. The complaint was abandoned once it was determined that Greer’s husband had hidden the letters from her. He is not a lawyer but serves as the firm’s cashier and office manager. The firm kept him as an employee despite this until in 2012 when a judicial ruling required a high degree of supervision to be placed on him.

The complaint against Hogg is that between 2002 and 2011, the firm took fees including VAT of roughly £220,000 from a couple’s executry, of which they firm had already overcharged by £90,000. It was determined that three other clients suffered similar circumstances.

Hogg claimed to have no knowledge of what was going on, including the complaint against his sister and brother-in-law but admits he should have been more aware of what was going on. He ended up pleading guilty to professional misconduct, losing his firm, career, and livelihood for a minimum of five years. The tribunal found that it was his obligation to ensure his firm was meeting the laws and regulations.

Do you think Greer and her husband should face harsher punishments or is it Hogg’s responsibility to monitor the balances of his firm? Tell us in the comments below.

To learn more about other bad lawyers, read these articles:

Lawyer Indicted for Witness Tampering in Anti-Muslim Hate Crime

One Lawyer Sues Another After Physical Confrontation Last Year at Hearing

West Orange Lawyer Gets Owned After Sending Annoying Cease and Desist Letter

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domestic help raped

Summary: A 15-year-old girl was brought to the home of a lawyer in India to serve as a domestic help but was instead treated as a sex slave.

A father and son, both lawyers, have been arrested for sexually abusing a young girl in Hyderabad, India. Sudhakar Reddy, 60, and his son Bharat Kumar Reddy, 30, had brought the girl on as a domestic help but instead repeatedly raped her. The girl, who is under 16, is reportedly pregnant.

The teen domestic help was brought from Suryapet six months ago to their family’s apartment in Greenhills Colony, the Chaitanyapuri area of the city. Sudhakar’s wife and daughter also live in the apartment with them.

The men have been charged with crime against children, rape and sexual assault, and bonded labor. The fathers oldest son, Tarak Ram Reddy was also charged with assaulting a neighbor because they suspected the neighbor of reporting them to authorities.

The young girl had no access to a phone and was not allowed to speak to her family. She allegedly complained about the assault a few months ago and was beaten for it. An electrician became aware of her condition and reported it to activists.

Do you think the practice of having teen domestic help should be outlawed in India? Tell us your thoughts in the comments below.

To learn more about sex slave cases throughout the word, read these related articles:

Photo: indiatvnews.com

taxes

Summary: An attorney from the Boston area used client funds for personal use, failed to report income, and failed to pay his taxes, costing him up to three years in prison.

With a potential three year prison sentence looming, Dracut, Massachusetts attorney John F. Paczkowski, 73, pleaded guilty to tax fraud. Paczkowski went before the U.S. District Court with two counts of filing false tax returns and failing to pay taxes.

Paczkowski operated a law firm in Dracut, which he used to embezzle and misappropriate $630,000 in funds entrusted to him by clients. He was the sole practitioner of the law firm. The U.S. District Attorney’s Office also claims that he failed to pay over $192,000 in federal taxes.

He claims he used some of the money for personal expenses as well as failed to report the income on his 2009 and 2010 tax returns. He will be sentenced in February. In addition to three years in prison, Paczkowski could be given one year of supervised release and a $250,000 fine.

Do you think attorneys should be able to handle their clients’ money so freely? Tell us in the comments below.

To read more about other bad lawyers that got caught by the law, see these articles:

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money

Summary: New Jersey attorney Walter N. Wilson was disbarred after 30 years as being an attorney after serious misuses of client funds were discovered.

After being in practice for nearly 30 years, a Hunterdon County attorney has been disbarred. The New Jersey Supreme Court disbarred Walter N. Wilson for misusing his clients’ funds. Wilson’s license was suspended in January 2015 for failing to supply the New Jersey Office of Attorney Ethics with information regarding client and attorney trust accounts.

Wilson had a law office in the Annandale section of the township. He had been practicing since 1980. He was representing Hunterdon Humane Animal Shelter Inc. in a civil lawsuit over control of the group when they suspended his license.

The state supreme court voted 8 to 1 to disbar him for an eight-count ethics complaint. The court wrote, “The record clearly establishes that respondent systemically helped himself to trust funds either to suit his own personal needs or those of other clients or third parties. What is clear is that he did so shamelessly, without authorization, and to be substantial detriment of those clients and third parties. For this, he must be disbarred.”

A client of his filed a grievance in 2012. The grievance was settled but the Office of Attorney Ethics wanted more information that they never received from him. In the original complaint there were seven reports of times when Wilson misused funds and mishandled their interests such as with property transactions and funding trust accounts.

Wilson was serving as a trustee for the Alexandria Township animal shelter after shelter director Theresa “Tee” Carlson was charged with 18 counts of animal cruelty. The New Jersey SPCA took over temporarily and the shelter has since closed. Carlson’s charges were later dropped through a plea deal. He acted as the vice president when Carlson was president.

Do you think his punishment was fair? Tell us in the comments below.

To learn more about other bad lawyers, read these articles:

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Arias attorney Numri

Summary: Convicted murderer Jodi Arias’ attorney during the trial has been disbarred for writing a tell-all book about his experience working with her.

The attorney that defended convicted murdered Jodi Arias has been disbarred. Laurence “Kirk” Nurmi defended Arias for years before being asked to be removed from the case and Arias asked for new counsel. Nurmi wrote a book, which is supposed to be part of a series, where he detailed his experience working with Arias during the trial.

A complaint was filed against him and his book “Trapped with Ms. Arias.” The complaint alleges that confidential and private conversations between him and his client Arias were included. Arias claims she has never given approval for publication of the discussions.

Arias’ attorney in her bar charge against Nurmi, Karen Clark, said, “Mr. Nurmi’s self-published book about his representation of Ms. Arias revealed confidential and privileged information, and violated his most basic ethical duties as a lawyer. What he did was knowingly and intentionally wrong. His book violates his duty to protect confidential information, and also contains lies about his client and other misstatements about the case. He wrote the book in a selfish and misguided attempt to ‘redeem’ his public image and enrich himself.”

The prosecutor in the trial, Juan Martinez also wrote a book about his experience. He is facing an ethics complaint. He has been accused of unprofessional behavior at trial. He is appealing his probation sentence.

Nurmi will not appeal his disbarment. He was diagnosed with cancer during the trial and is now in remission.

Do you think attorneys should be given some freedom of speech rights? Tell us in the comments below.

To learn more about the Jodi Arias trial, read these articles:

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Gary Zerola

Summary: Will four times be the trick for this attorney to finally have a sexual assault charge stick?

After the first three times attorney Gary Zerola was charged with sexual assault, one would think he learned his lesson but apparently not. Zerola was arraigned on his fourth sexual assault charge.

Using his lawyer as a shield, Zerola stood before the judge to plead not guilty to raping a Boston woman. Zerola, once an assistant district attorney for Suffolk County has seen three other rape allegations against him.

He was acquitted in 2008 on two rape cases and another was dismissed. In 2009, he was accused of assaulting a Boston police officer. He was acquitted of that charge as well. In 2001, Zerola was one of People Magazine’s most eligible bachelors.

Zerola then opened his own law practice in Boston where he specialized in criminal defense. His clients are those that have been accused of rape and sexual assault, much like himself. His experience in the area is definitely a first-hand, hands-on kind.

Maybe he figured that since he had gotten off all the other times that he would be fine.

Do you think with this many allegations Zerola that he should lose his license? Tell us your thoughts in the comments below.

To learn more about other bad lawyers, read these articles:

Photo: bostonherald.com

car at night

Summary: A St. Louis personal injury lawyer involved in drunk driving and speed racing that resulted in the death of a 73-year-old woman was hit with a first-degree manslaughter charge.

A lawyer has been hit with manslaughter charge after allegedly driving drunk and speed racing, resulting on the death of an innocent person. The St. Louis County grand jury indicted Scott Bailey, 44, on the manslaughter charge. After surrendering himself to police, he posted a $200,000 bail with a cashier’s check.

The other driver in the race, Haven A. Sooter, 39, was also indicted the same day on charges of DWI as a persistent offender and second-degree murder. He was arrested 10 days ago on $250,000 bail.

The men were racing down Lindbergh Boulevard on July 8. They were near the Chaminade College Preparatory School when Sooter’s BMW collided with Kathleen Koutroubis, 73. She was driving an SUV which was then struck by Bailey’s Ford Mustang. She was conscious after the accident but later died of internal injuiries.

Her family’s attorney claims the men were traveling over 110 mph when they hit her car. Bailey’s indictment for first-degree manslaughter noted he was traveling over 100 mph and that his blood-alcohol content was 0.18 percent or more. The legal limit is 0.08 percent.

Bailey is a personal injury lawyer from St. Louis. The biography on his law firm’s website says he “represents individuals who have suffered a personal injury due to the negligence of another. Scott Bailey has successfully recovered millions of dollars on behalf of his clients for car accidents, slip and falls, workers’ compensation, medical malpractice and legal negligence cases.”

A second indictment for Bailey for a lesser count leaves off the alcohol content. Prosecutors can present both options to a jury. Bailey did not submit a blood-alcohol test after the crash nor did police ask for a search warrant for his blood.

The bail conditions require Bailey to not drive or to drink alcohol. He must wear an ankle monitor that checks for alcohol consumption.

Sooter was charged differently because of his DWI past. He pleaded guilty in 2001 to DWI and a similar charge in 2002.

Do you think the men are getting off easy with the charges? Tell us in the comments below.

To learn more about bad lawyers, read these articles:

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Todd Macaluso

Summary: The attorney that defended Casey Anthony now finds himself in trouble with the law again after being caught planning to smuggle nearly two tons of cocaine into the country.

A former attorney for accused murderer Casey Anthony has been arrested for conspiring to smuggle drugs into the country. Todd Macaluso, 54, and two co-defendants were going to fly nearly two tons of cocaine from Ecuador to Honduras and ultimately into the U.S.

Macaluso was one of Anthony’s attorneys during the trial that let her walk free five years ago after being accused of killing her daughter in 2008. Anthony’s daughter Caylee mysteriously disappeared and was later found dead near their home. Macaluso flew Anthony out of Orlando after her acquittal in his personal plane.

He was arraigned in federal court in Brooklyn this month after being caught in Haiti in the drug smuggling scheme. Investigators picked up on the scheme when looking into drug traffickers trying to use a U.S. registered plane. An accomplice admitted that Macaluso planned to fly a Falcon 10 aircraft.

The co-defendants, Carlos Almonte Vasquez and Humberto Osuna Contreras, told authorities that they met Macaluso in Port au-Prince earlier this month to finalize the plan. They men were held without bail once it was determined that they were flight risks.

Macaluso was already sentenced to five months in prison last year for defrauding California clients. He was on supervised release when he was arrested for this scheme. His lawyer has been appointed by the court.

Do you think Anthony killed her daughter? Tell us in the comments below.

To learn more about the Casey Anthony trial, read these articles:

Photo: nbclosangeles.com

elderly hands

Summary: A life insurance scheme that targeted elderly and terminally ill people got the attorney in charge behind bars for 6 years and disbarred.

A $46 million investment scheme concocted by a Rhode Island attorney targeting terminally ill people is more than despicable. At least some will get comfort knowing that the attorney, Joseph Caramadre will not be allowed to practice law anymore. The Rhode Island Supreme Court has disbarred Caramadre.

The scheme involved taking out bonds and annuities with the personal information of terminally ill people. When the people died, he collected the money. Between 2001 and 2010, life insurance companies sold around $1.14 trillion worth of variable annuities.

Caramadre pleaded guilty in 2013 but later withdrew his plea, blaming an inadequate defense. He claimed he was innocent but a judge kept the guilty plea. Caramadre called his scheme a unique arrangement for investors. He saw an opportunity in the life insurance industry that overlooked centuries of experience and commonsense in a tough competition for market share.

He said in interviews that the companies designed the rules, he just exploited them. He explained, “All we need to do is replace the necessity of the investor having to die, with someone else dying.” He rationalized that others make money off the death of others like funeral homes and cemeteries so why couldn’t he? Many life insurance companies only required a birthdate and Social Security number to sign up so the process was simple.

His law license was suspended in 2014 after his conviction. The disbarment is retroactive to 2014. His appeal was unsuccessful, putting Caramadre behind bars in a Massachusetts federal prison for six years. He is scheduled to be released in 2018.

Nearly 10 lawsuits have been filed in Rhode Island’s federal district court in relation to the scheme by insurance companies.

Do you think Caramadre did anything wrong or was he just clever at exploiting the fine print of the contracts? Tell us in the comments below.

To learn more about bad lawyers, read these articles:

Lawyer Who Confessed to Ponzi Scheme in Suicide Note Pleads Guilty to Fraud

Two Fox Rothschild Lawyers Accused in Hotel Bilking Scam

Las Vegas Attorney Going to Prison after Stealing from Clients

Photo: totalpeople.co.uk

disciplinary action

Summary: The Florida Supreme Court handed out their punishments to 22 lawyers, mostly for ignoring clients and/or the Florida Bar grievance process.

Twenty-two of Florida’s lawyers, eight of which come from Miami-Dade or Broward counties, received their punishments for violating state guidelines.

Cooper City

– Marcy Abitz of the University of Miami Law in 2002 will remain suspended for non-compliance and failure to respond in writing to official Florida Bar inquiries. She was already suspended for cashing an $8,961.35 check accidentally sent to her by an insurance company. Until she responds in writing, she will remain under suspension.

– Melissa Heaton of the University of Virginia School of Law in 2005 has been suspended since September of last year for contempt. She is also serving another suspension concurrently until January for not communication with a client after being ordered to do so.

Coral Gables

– Chris Borgia of the University of Miami Law will be suspended until the end of January and then on probation for a year. He was hired to represent three clients for different disability cases but neglected the cases. He claims to have a “gastro intestinal illness” that sent him to the ER and urgent care facilities. He has been ordered to pay $6,598 to the clients in restitution.

Miami

– Gregg Lopez of St. Thomas University School of Law in 2000 has been suspended for refusing to comply with a subpoena for his trust accounting records. A grievance filed by Fabio Vazquez against Lopez resulted about a $159,244 payment to Jesus Gomez in 2010 from Vazquez’s money entrusted to Lopez. The bar also asked him about the $74,000 Vazquez gave to Lopez in 2011 but has since only seen $27,000 back. A $20,000 payment went to Csorias Management, a company that has dissolved where Lopez was a registered agent.

Plantation

– David Prince of the University of Miami School of Law in 1995 received an emergency suspension. The bar believes he is “causing a great public harm” for charging excessive fees, failing to represent clients, and abandoning his practice. There are over 50 open investigations into him.

Fort Lauderdale

– Peter Stamas of Nova Southeastern University in 2007 has been suspended until January. He lied to a Broward County Circuit Court during a misdemeanor petit theft case regarding an agreement with the State Attorney’s office. Had the lie been successful, the 18-year-old warrant against his client would have been dismissed.

Florida

– Robert Spallina of Loyola Marymount University Law School in 2000. Three matters are currently regarding Spallina. He plead guilty to securities fraud for engaging insider trading and adding a paragraph to a trust amendment after a client was dead in order to comply with the client’s wishes. He asked for disciplinary revocation, similar to disbarment. He can be reinstated in 2021.

– Lawrence Wrenn of the University of Miami School of Law in 1978 is using an address for a Pack and Ship Center mailbox. Not having a valid office violates Florida Bar rules. He has also been suspended since September for not responding in writing to a complaint. He was also given a contempt charge for not being straightforward with Honda when they tried to repossess his 2013 Honda CR-V that he owed $22,317 on.

Do you think some state bar rules are excessive or unnecessary? Tell us in the comments below.

To learn more about bad lawyers in Florida, read these articles:

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Ruger .45

Summary: A Florida attorney was discovered with a loaded gun in his backpack as he entered the courthouse to attend his Bar hearing.

Clearwater attorney James Franklin Lowy came to the Pinellas County Criminal Justice Center for his Florida Bar hearing. He brought with him a loaded .45-caliber handgun in his backpack. Lowy does not possess a concealed carry permit.

The backpack was scanned through the X-ray machine where it detected the outline of a gun. Officials searched the backpack and found the fully-loaded Ruger .45-caliber handgun. The gun had a round in the chamber and a loaded magazine.

Lowy was charged with and pleaded guilty to bringing the loaded gun to the courthouse. He was sentenced to three years’ probation. The felony charge of carrying a concealed firearm was not the only thing Lowy was charged with. Deputies claim Lowy allowed the battery of his GPS monitor to die while he was out on bail. A charge of tampering with an electronic device was added to the list. He pleaded guilty to the additional charge.

The Florida Bar filed an emergency petition to have him suspended. An auditor found Lowy was “causing great public harm based on trust account shortages in excess of $60,000.” The Bar is recommending his disbarment.

Do you think Lowy knew he had the fully loaded gun in his backpack? Tell us in the comments below.

To learn more about concealed weapons cases, read these articles:

Photo: wikipedia.org

steal money

Summary: A Massachusetts attorney was officially disbarred and required to pay the IRS $300,000 in restitution for taking money from clients to pay bills in lieu of a reportable income.

A month after being sentenced to a year of probation and a $300,000 fee, a Topsfield lawyer has been officially disbarred. John Molloy Jr, 53, surrendered his license last month for defrauding clients and misconduct with the IRS.

Molloy was ultimately disbarred for his conduct regarding his federal tax fraud case and his conduct towards his clients and their treatment providers. He admitted in an affidavit to “intentionally misuing” over $57,000 in client funds beginning in 2008.

During the sentencing memorandum filed in the criminal case, federal prosecutors claimed that Molloy used his law firm’s business accounts to pay his personal bills instead of giving himself a salary, with which he would have to report his income.

In order to provide enough money for his personal expenses, Molloy would keep portions of settlements and judgments from clients, instead explaining to his clients that the funds were used to reimburse third-party providers.

Molloy was never criminally charged for his conduct towards clients. In the federal tax case, Molloy entered a guilty plea. His license has been suspended since September. Molloy had his law license suspended back in 2003 as well. The punishment was a three month suspension for signing an affidavit in the name of a client, filing it in court, and making misrepresentations to officials from the Office of Bar Counsel.

Do you think the clients should have taken further precautions since Molloy has a past of misconduct? Tell us your thoughts in the comments below.

To learn more about bad lawyers, read these articles:

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Christine Lagarde

Summary: Even though lawyer Christine Lagarde was found negligent by a court, she was given no criminal record and given the title of French finance minister with full confidence.

Despite being convicted of “negligence,” Christine Lagarde was given full support to be the International Monetary Fund’s managing partner. Lagarde was convicted for giving a large payout to a business tycoon while serving as the French finance minister. The IMF board complimented Lagarde with their “wide respect and trust.”

The Court of Justice of the Republic in France opted not to punish Lagarde or give her a criminal record. She was facing a one-year term and over $15,000 in fines, a punishment which would have likely ruined her career.

Lagarde claims she is innocent, stating she is “not satisfied” with the verdict but will not appeal it. She explained, “There is a point in time when one has to just stop, turn the page and move on, and continue to work with those who have put their trust in me.”

The week-long trial was rough on Lagarde. The prosecutor asked for an acquittal because of a “very weak” case on top of advising against bringing it to court to begin with.

Christine Lagarde, a former corporate lawyer, was accused of two counts of wrongdoing. The court of three professional magistrates, six MPs and six senators found her negligent for not appealing the arbitration panel’s ruling regarding the sale of the Adidas sports brand to Credit Lyonnais Bank by magnate Bernard Tapie. She allowed the complaint regarding the sale to be settled by a rarely-used private arbitration panel instead of in the courts. The court did not find any fault in Lagarde in launching the arbitration procedure.

Lagarde allowed a payment over €400 million to be given to Tapie, which was later found to be fraudulent. The court noted that her inaction gave him 45 million euros for emotional harm. She should have been shocked by the sentence awarded to Tapie.

It is suspected that she approved the deal as a way of buying off the tycoon with taxpayer’s money. Investigators believe there was an illicit agreement between Tapie and then president Nicolas Sarkozy. Tapie supported his election bid in 2007 in return for a promise that his damages claim would be paid.

Do you think she should have been eligible for the position if a court found her negligent even without a formal punishment? Tell us in the comments below.

To learn more about bad lawyers, read these articles:

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disbarred attorney

Summary: The Ohio Supreme Court took actions against two attorneys for financial mismanagement of client trusts.

Ohio’s top court disbarred one attorney and suspended another. The Ohio Supreme Court took action against the two attorneys after receiving two different complaints. Lisbon lawyer Virginia M. Barborak was permanently disbarred through a unanimous vote. A complaint was filed with the Columbiana County Bar Association.

Attorney Benjamin Joltin of Canfield has been suspended for two years after receiving and investigating the complaint filed with the Ohio Office of Disciplinary Counsel. The second year of his suspension is stayed on conditions.

Barborak was found to have failed to hold funds belonging to the probate estates in an interest-bearing trust account that was not a part of her own property. She failed to maintain required records documenting the funds she was entrusted with and she even went so far as to falsify bank statements and probate records in order to conceal her actions. She was appointed by the court as a fiduciary or counsel for a court-appointed fiduciary. Barborak admitted to the court that the account at one point reached $12,000 when it should have been over $170,000.

The complaint against Joltin also involved mismanagement of finances. He represented three clients in a complex divorce case, an eviction case, and a personal-injury case. He was fired by two of the clients. The complaint outlines how he mixed personal and client funds, misappropriated client funds, lied to one client about why the funds were not delivered promptly to the client’s funds, and failed to keep records for several years regarding his client trust account.

Joltin has been ordered to serve one year of monitored probation, complete three hours of continuing legal education in relation to trust-account maintenance and other CLE requirements, remain in full compliance with his Ohio Lawyers Assistance Program, commit no other misconduct, and follow all of OLAP’s treatment recommendations.

Do you think Joltin should have been given a harsher punishment? Tell us your thoughts in the comments below.

To learn more about lawyers with financial problems, read these articles:

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Ford Expedition

Summary: Prominent Atlanta attorney Claud “Tex” Lee McIver was charged in the shooting death of his wife in their car.

Atlanta attorney Claud Lee McIver was charged with involuntary manslaughter and reckless conduct in the death of his wife Diane. The 73-year-old man claims her shooting death was an accident.

McIver turned himself into the Fulton County Jail where a judge set bail at $200,000 during his first court appearance. The bail was broken up as $150,000 for involuntary manslaughter charge and $50,000 for the reckless conduct. Fulton County Chief Senior Assistant District Attorney Clinton Rucker has asked for a much higher bail amount. McIver’s attorney Cal Leipold successfully argued that he is not a flight risk and had become a “virtual hermit” since the death of his wife.

McIver has been attorney for 44 years and is a senior partner at Fisher Phillips. He owns a home in the area since 1995 and has a number of other properties in the state. He has three children and a 97-year-old mother still living in the state as well.

The judge still ordered McIver to surrender his passport, carry no weapons, and wear an electronic monitoring device. He specializes in employment law and has worked for employers defending them against over 200 union organizing campaigns.

The shooting happened in the couple’s Ford Expedition SUV back in September. The events of what happened are still under investigation. McIver claims they pulled off the highway to avoid traffic after leaving one of their properties to return to their Atlanta home. The shooting occurred near Piedmont Park in Atlanta.

McIver was supposedly sleeping in the back seat when he noticed people wandering around on the street near them. He told his wife to remove his gun from the center console. He fell back asleep with the gun on his lap. He told the Journal-Constitution, “I was suddenly awoken. I lurched and the gun fired.”

She was pronounced dead several hours later at Emory University Hospital from the gunshot wound. They had been married 16 years. She had worked in business for 43 years.

Do you think McIver’s story adds up or was the shooting a simple accident? Tell us any flaws you see in his story in the comments below.

To learn more about bad lawyers, read these articles:

Photo: wikipedia.org

stole money

Summary: A former attorney from Norman, Oklahoma will get 30 months for defrauding his clients of thousands of dollars and failing to file a tax return.

A former Norman, Oklahoma attorney will spend 30 months in federal prison for embezzling money from clients. Dane Thomas Wilson, 61, was convicted of embezzling from his clients and failing to file a tax return. U.S. District Judge Timothy D. DeGuisti sentenced him to 30 months.

Wilson used a wire fraud scheme to embezzle money from clients. He pleaded guilty nearly a year ago to misappropriating funds received on his clients’ behalf from insurance companies and other payers between 2010 and 2011.

He would then deposit the money received into client trust accounts but write checks to himself, make case withdrawals and transfer money in amounts that exceeded the fees he was supposed to receive as their attorney. Wilson admitted that some clients received less or none of the money they were supposed to receive.

The Oklahoma Bar Association awarded payments to his former clients out of their Clients’ Security Fund. One client, Ruby Frame, was awarded $80,000 even though Wilson took $125,000 she was supposed to receive from a car accident. The payment she was been awarded will help her make bills since the death of her husband. Her husband was a veteran so he was receiving VA disability payments and both of their Social Security payments. After his death, her income was cut by 75 percent.

The OBA is paying out $176,000 this year and has given out over $2.7 million since the fund was created. The funds are generated with annual bar dues. Wilson’s clients have received over $325,000 in the past five years.

Wilson is still awaiting a hearing to determine how much he must repay the IRS and his former clients.

Do you think he should be required to work any kind of job so that his debts to his clients and any others can be paid? Tell us in the comments below.

To learn more about lawyers that defraud their clients, read these articles:

Photo: flickr.com

bank fraud

Summary: A Connecticut-area attorney had his license suspended for four years after being convicted of bank fraud, the second conviction of his career.

Wethersfield attorney Mark A. Pagani had his law license suspended for four years after being convicted of bank fraud by a New York court. This is the second time in his legal career that his license has been suspended.

Pagani of the firm Bascetta, Pagani, Kearns & Small was sentenced by the U.S. District Court for the Southern District of New York for his role in defrauding financial institutions. Officials claim that Pagani has conspired with others for nearly three years to obtain over $100 million from two banks for commercial loans. They did this by submitting false and fraudulent loan applications. His conspirators had inflated property values on real estate they were purchasing. This enabled the bottom cost of the properties to be raised and the gain from the sale to be lowered, resulting in an underpayment of taxes.

He was convicted on one count of conspiracy to commit bank fraud and one count of conspiracy to defraud the government. He was given a sentence of time served, five years supervised release for one count and three years for the other count concurrently, 300 hours of community service over the five-year period of supervised release, and a $100,000 fine.

Pagani’s first suspension was for the conviction of the offense of misprision or concealing knowledge of a felony 16 years ago. He was professionally sanctioned with a four month suspension from practicing law. Pagani had admitted to helping to hide $30,000 from the creditors of a bankrupt realtor company, a violation of federal law.

Hartford Superior Court Judge Antonio Robaina explained the four year suspension, “Pagani has paid the fine as imposed in his sentence. The court further considers that Mr. Pagani has been an attorney for approximately 30 years, and notes the effect that discipline will have upon him at this age and at this stage of his career.” Pagani is 56 years old.

Is a four year suspension for a second offense lenient or harsh? Explain your thoughts in the comments below.

To learn more about bad attorneys, read these articles:

Photo: flickr.com

Graham Lawyers West

Summary: After going into hiding at the beginning of December, Las Vegas attorney Robert C. Graham has been charged and arrested for stealing millions from clients.

Missing since December, a Las Vegas attorney has now been charged with theft, destroying evidence, and exploitation of vulnerable people. Robert Chase Graham, 52, was a prominent wills and trusts lawyer in Las Vegas who went missing after allegations surfaced by the state bar for stealing millions of dollars in client funds.

Graham has now been indicted and arrested on the criminal charges which could cost him up to 90 years in prison. He has been accused of stealing over $2 million from multiple clients starting in July 2013. The allegations also include the theft of client computer files twice after suddenly closing his law office last month.

Investigators believe that he may have taken over $15 million from his clients. Clark County District Attorney Steve Wolfson said, “We felt it was necessary to quickly seek an indictment on this case to ensure that evidence was preserved and that Mr. Graham was unable to cause any further financial damage to families in our community.”

Graham has been a Nevada lawyer since 1992. He also has offices in Utah and Colorado, where he also has a home in Fort Collins. He graduated from Brigham Young University J. Reuben Clark School of Law. He was a frequent television advertiser until he shut down his Lawyers West firm and laid off employees on December 2.

The Nevada State Bar filed the misconduct complaint against him on December 8 with the Nevada Supreme Court temporarily suspending his license pending the outcome of the professional disciplinary proceedings the next day. The court acted so quickly because letting him continue to practice law posed a “substantial threat of serious harm to the public.”

Graham has been booked on $5 million bail. He has expressed remorse that his business failed to the Las Vegas Review-Journal.

Do you think Graham was a threat to the public? Tell us in the comments below.

To learn more about lawyers that have stolen from their clients, read these articles:

Graham Photo: avvo.com

Lawyers West Photo: news3lv.com

immigration services

Summary: A former San Jose area attorney has been busted for acting as an immigration consultant to possibly 1,000 victims.

A San Jose man and former attorney has been arrested by police after allegedly providing immigration advice to around 1,000 individuals. James Lopez was arrested in October for providing immigration services without the proper credentials. Lopez lacked clearance from the California Secretary of State or a $100,000 bond allowing him to function as an immigration consultant.

Lopez is a former attorney that was dealt several disciplinary infractions with him resigning from the California State Bar in 2002. Even though he resigned on his own, he continued to practice law without a license, providing immigration services from his office. His advice caused serious financial consequences and immigration delays for his clients.

Lopez has been charged with forgery, practicing law with no license, and grand theft. During a search warrant, authorities found roughly 1,000 files, leading to their suspicion that he served that many victims. Sgt. Rich Glennon of the San Jose Sheriff’s Office said, “We have not identified anywhere hear that many victims. These victims are very reluctant to come forward for fear of deportation. We have made contact with approximately 50 victims and only 10 so far have been willing to cooperate with the criminal investigation. We know there are many more victims who have yet to come forward.”

Do you think Lopez knew he was giving bad immigration advice? Tell us in the comments below.

To learn more about bad lawyers, read these articles:

Photo: commons.wikimedia.org

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