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| SUPREME COURT DISCIPLINES 35 ATTORNEYS 3/19/09 |
FOR IMMEDIATE RELEASE
March 19, 2009
CONTACT: Karen Y. Kirksey,
The Florida Bar
TELEPHONE: (850) 561-5766;kkirksey@flabar.org
The Florida Bar, the state's guardian for the integrity of the legal profession, announces that the Florida Supreme Court in recent court orders disciplined 35 attorneys, disbarring eight, suspending 22 and placing three on probation. Some attorneys received more than one form of discipline. Five attorneys were reprimanded. Three were ordered to pay restitution.
As an official agency of the Florida Supreme Court, The Florida Bar and its Department of Lawyer Regulation are charged with administering a statewide disciplinary system to enforce Supreme Court rules of professional conduct for the 86,000-plus lawyers admitted to practice law in Florida. Since Aug. 1, 2007, case files have been posted to attorneys' individual Florida Bar profiles and may be reviewed at and/or downloaded from The Florida Bar's Web site, www.floridabar.org.
The following lawyers are disciplined (Please note that court orders are not final until time expires to file a rehearing motion and, if filed, determined. The filing of such a motion does not alter the effective date of the discipline):
William Abramson, 324 Datura St., Suite 100, West Palm Beach, suspended for 91 days until further order, effective Jan. 2, following a Dec. 18, 2008 court order. (Admitted to practice: 1992) While representing a defendant in a criminal trial, Abramson was disrespectful and confrontational with the presiding judge. Abramson was publicly reprimanded twice before for serious misconduct and placed on probation once. (Case No. SC07-713)
Richard Andrew Aronsky, 16850 Collins Ave., Suite 105, Sunny Isles Beach, disbarred effective 30 days from a Feb. 12 court order. (Admitted to practice: 1994) In 2005, a company controlled by Aronsky bought some property in Miami Beach. Aronsky was the closing and title agent for the transaction. The seller associated with the deal took back a purchase money mortgage, which was not recorded. Subsequently, Aronsky closed a loan transaction involving the property with another lender and failed to pay off the purchase money mortgage. (Case No. SC09-212)
Odiator Arugu, 1510 E. Colonial Drive, Suite 303, Orlando, reprimanded and placed on probation for two years, following a Feb. 12 court order. (Admitted to practice: 1995) Arugu did not properly maintain his trust account records to support disbursement and receipt of funds to the account; nor did he properly maintain client ledgers and journals. An audit of Arugu's trust records for May 2005 through December 2007 indicated that Arugu was not in compliance with Florida Bar rules regulating trust accounts. (Case No. SC08-1778)
Elizabeth Aileen Broome, 1004 E. Jackson Street, Pensacola, suspended effective immediately, following a Jan. 15 court order. (Admitted to practice: 1988) In December 2008, Broome was found guilty of 13 felony counts of grand theft. She took legal fees but failed to provide the legal services for which she was retained. Broome was sentenced to six months incarceration and 10 years probation. She was also ordered to pay restitution to her former clients in the amount of more than $68,000. (Case No. SC09-62)
Lee Arman Cohn, 600 S. Andrews Ave., Suite 405, Fort Lauderdale, permanently disbarred effective immediately, following a Jan. 29 court order. (Admitted to practice: 1986) Cohn continued to practice law, knowing that he was disbarred. He also purposely lied to the court as to his identity in order to be able to practice law. (Case No. SC08-2452)
Frank Michael Costanzo, 2800 Halycon Ave., Baltimore, Md., suspended until further order, following a Dec. 23, 2008 court order. (Admitted to practice: 1996) According to an emergency suspension order, Costanzo appeared to be causing great public harm by abandoning his practice and misappropriating client funds. (Case No. SC08-2343)
Gregory R. Deal, 4315 Highland Park Blvd., Suite C, Lakeland, suspended until further order, following a Jan. 5 court order. (Admitted to practice: 1971) According to an emergency suspension order, Deal appeared to be causing great public harm by misappropriating funds held in trust. The Bar's audit showed that in October 2008, Deal's trust account had a shortage of more than $65,000, which was created by Deal writing checks to himself. (Case No. SC08-2422)
Giselle Ferro, 2775 N.E. 163rd Street, #100, Miami, suspended for 91 days, effective immediately, following a Jan. 5 court order. (Admitted to practice: 2004) Ferro failed to communicate or represent her client in a dissolution of marriage case. She also failed to communicate with The Florida Bar's grievance committee regarding the case. (Case No. SC08-1209)
Jay Charles Floyd, 1510 N. Ponce De Leon Blvd., Suite B, St. Augustine, suspended until further order, following a Dec. 23, 2008 court order. (Admitted to practice: 1990) According to an emergency suspension order, Jay Charles Floyd appeared to be causing great public harm by misappropriating funds from his trust account. In one instance, a check for $11,000 written on Floyd's trust account was returned due to insufficient funds. In a second matter, Floyd received a settlement in the amount of $5,500 for a personal injury client. He admitted to misappropriating the money for his personal use. (Case No. SC08-2362)
Michael Sean Foster, 677 N. Washington Blvd., Suite 43, Sarasota, suspended for one year, effective 30 days from a Feb. 5 court order. (Admitted to practice: 2004) Foster engaged in a pattern of neglect by failing to perform services and communicate with clients in five cases. In some instances, he was paid a retainer and never refunded the money. Foster also failed to communicate with The Florida Bar's grievance committee regarding the cases. (Case No. SC08-1067)
Marlene Garcia, 1521 Bella Vista Ave., Coral Gables, suspended effective immediately, following a Dec. 8, 2008 court order. (Admitted to practice: 1987) In July 2008, Garcia pleaded guilty in circuit court to cocaine purchase/possession with intent to purchase, a felony. (Case No. SC08-2268)
Richard Bruce Gersten, P.O. Box 596, Laurel, suspended for 91 days, effective immediately, following a Jan. 8 court order. He is further ordered to pay restitution of $400 to one client. (Admitted to practice: 1990) Gersten represented four clients while a delinquent member of The Florida Bar for not paying his fees. He also failed to act with diligence and promptness in informing the clients about the status of their matters. (Case No. SC08-1566)
Jeffrey Marc Herman, 18205 Biscayne Blvd., Suite 2218, North Miami Beach suspended for 18 months and thereafter until reinstated, effective Feb. 7, following a Jan. 8 court order. (Admitted to practice: 1985) Herman engaged in a conflict of interest and dishonest conduct when he established his own business in competition with an existing client, while continuing to represent that client, without informing his client of the competing business. (Case No. SC07-363)
Laura L. Hess, 210 N. University Drive, Fl. 9, Pompano Beach, disbarred for five years, effective immediately, following a Jan. 15 court order. (Admitted to practice: 2000) Among Hess' violations, she operated a law firm in which her partner was a non-lawyer; she led clients to believe she had deposited their funds in trust accounts, when in fact, she had not; her law firm's letterhead improperly reflected addresses for out-of-state law offices; and Hess allowed individuals not licensed to practice law in Florida to represent clients. (Case Nos. SC08-252, SC08-509, SC08-1785)
Michael Edward Hill, 20801 Biscayne Blvd., Suite 301, Aventura, disbarred, effective immediately, following a Feb. 12 court order.
(Admitted to practice: 1984) Hill admitted that he did not follow The Florida Bar's required rules regarding trust accounts. In May 2008, the Bar was informed by a bank that Hill's trust account check of more than $9,000 had been returned for insufficient funds. The Bar then served Hill with a subpoena for bank account records and other documents. Hill neglected to produce all of the requested items. (Case No. SC09-171)
Stephen Richard Kain, 500 W. Cypress Creek Road, Suite 600, Fort Lauderdale, suspended for 60 days, effective Jan. 23, following a Jan. 22 court order. Kain is further ordered to complete ethics school. (Admitted to practice: 1993) Kain was retained to file a change of status petition for a client so he could be employed and legally stay in the United States. Kain filed the petition late and failed to tell the client and the client's employer. He also lied to The Florida Bar and others, blaming another attorney at his firm for the late filing of the client's petition. (Case No. SC08-1164)
Erik Owen Leavell, 120 E. Oakland Park Blvd., Suite 206, Fort Lauderdale, disbarred effective 30 days from a Feb. 12 court order. (Admitted to practice: 2001) In June 2008, The Florida Bar was informed by a bank that Leavell's trust account had a negative balance of more than $18,000. The Bar served Leavell with a subpoena for bank account records, which he failed to produce. (Case No. SC09-211)
Tyrone L. Lufman, 16777 W. 61st Place, Arvada, Colo., suspended for 30 days, effective 30 days from a Dec. 18, 2008 court order. (Admitted to practice: 1996) This is a reciprocal discipline case arising out of misconduct and discipline from the Colorado Bar, of which Lufman is also a member. In December 2007, Lufman was suspended for six months, with all but 30 months stayed, upon the successful completion of a one-year probation. The misconduct is based on Lufman's November 2005 altercation, with his ex-spouse. She suffered a cut to her face and lip; both required stitches. In May 2006, Lufman pleaded guilty to third-degree assault, a class 1 misdemeanor. Lufman successfully completed all the conditions of his one-year deferred judgment and the criminal case was dismissed in May 2007. (Case No. SC08-324)
Jerona Charmaine Maiyo, 6996 Piazza Grande Ave., Suite 309, Orlando, suspended for 91 days, effective 30 days from a Feb. 18 court order. (Admitted to practice: 2001) In April 2007, Maiyo was suspended for 30 days and placed on probation for three years upon reinstatement. Maiyo was noncompliant with the terms of her probation. (Case No. SC08-2305)
Raymond Earl Miller, 218 Harbor Drive, S., Venice, disbarred effective 30 days from a Jan. 8 court order. (Admitted to practice: 1969) After a complaint was filed against Miller, alleging delays in making the final disbursement in an estate, He made the payment, but failed to provide an accounting. An examination of Miller's trust account records and ledger cards revealed that he failed to maintain a balance in the trust account sufficient to cover the estate. He also failed to maintain records required by The Florida Bar's rules. (Case No. SC08-2413)
William L. Mims, Jr., 4437 Koger St., Orlando, suspended for 91 days, effective 30 days from a Feb. 18 court order. (Admitted to practice: 1983) Mims was non-compliant with the terms of a two-year probation imposed in January 2004. (Case No. SC08-2406)
Jolyon Wilson Morris, 10800 Biscayne Blvd., Miami, Suite 560, placed on probation for two years, effective immediately, following a Feb. 5 court order. (Admitted to practice: 1995) An investigation of Morris' trust account revealed that he was not in compliance with basic trust account rules as required by The Florida Bar, including client ledger cards, receipt and disbursement journals and bank and client reconciliations. (Case No. SC09-94)
Rene Navarro, 6505 Blue Lagoon Drive, Suite 110, Miami, disbarred effective 30 days from a Jan. 8 court order. (Admitted to practice: 1991) Navarro misrepresented the receipt of client funds to opposing counsel in discovery in a lawsuit and to the court. (Case No. SC08-1935)
Okechukwu Josiah Odunna, 7491 W. Oakland Park Blvd., Suite 301, Lauderhill, suspended until further order, following a Jan. 5 court order. (Admitted to practice: 2002) According to an emergency suspension order, Odunna appeared to be causing great public harm. He failed to record at least 17 original deeds and 21 original mortgages, exposing a title insurance fund to more than $10 million in claims exposure. A Florida Bar compliance audit of Odunna's trust accounting records determined that he misappropriated more than $370,000 in client funds. (Case No. SC08-2342)
Natalia V. Poliakova, 18205 Biscayne Blvd., Suite 2221, Aventura, suspended for 30 days, effective 30 days from a Feb. 12 court order. Poliakova is further ordered to pay restitution of $4,030.00 to a client. (Admitted to practice: 2000) Poliakova was hired to handle an immigration matter for a fee of $3,530. She failed to perform the service and failed to communicate with the client, despite requests. The client resolved the issue herself by hiring another attorney. Poliakova, meanwhile, failed to respond to The Florida Bar's inquiries about the case. (Case No. SC08-2299)
G. Frank Quesada, 1313 Ponce De Leon Blvd, #200, Coral Gables, to receive a public reprimand from The Florida Bar Board of Governors and further placed on probation for six months, effective immediately, following a Feb. 5 court order. (Admitted to practice: 1973) Quesada violated ethical rules during the course of representing clients in a real estate deal. (Case No. SC09-102)
John K. Renke, II, 7637 Little Road, New Port Richey, suspended for 60 days, effective 30 days from a Feb. 12 court order. Further, Renke will receive a public reprimand from The Florida Bar Board of Governors. (Admitted to practice: 1980) Renke made illegal campaign contributions to his son, who was employed in his office from 1995 until he was elected to the bench in 2002. Renke also misrepresented the timing and nature of the payments he made to his son, in testimony before the Judicial Qualifications Commission. (Case No. SC07-2003)
Ronald Thomas Rider, 200 S. Indian River Drive, Suite 300, Fort Pierce, suspended until further order, following a Dec. 23, 2008 court order. (Admitted to practice: 1988) According to an emergency suspension order, Rider appeared to be causing great public harm by misappropriating funds held in trust. An audit by The Florida Bar found that Rider had a shortage in his trust account of more than $63,000 as of July 1, 2008, and $87,000 as of Nov. 13, 2008. (Case No. SC08-2253)
William Roach, Jr., 300 S. Pine Island Road, Suite 266, Plantation, suspended for three years, running consecutively to the three-year suspension ordered in 2007, following a Dec. 18, 2008 court order. Roach is further ordered to pay restitution totaling $1,540 to two clients. (Admitted to practice: 1986) During the course of a previous three-year suspension from the practice of law, which began in 2007, Roach provided legal advice to clients, but did not advise them that he was suspended. (Case No. SC08-693)
David Michael Scott, 8551 W. Sunrise Blvd., Suite 210, Plantation, suspended for one year, effective 30 days from a Jan. 29 court order.
(Admitted to practice: 1998) Scott was hired to handle an employment contract termination case. He failed to perform any work on the matter, failed communicate with the client and did not return the files to the client. Further, Scott neglected to reply to a letter from The Florida Bar regarding the case, he did not respond to a case filed with the Supreme Court of Florida and he failed to appear at the final hearing. (Case No. SC08-1554)
Francisco Jose Segredo, 6080 Bird Road, Suite 5, Miami, disbarred effective 30 days from a Feb. 12 court order. (Admitted to practice: 1982) Segredo purchased several units from a real estate development in which he had ownership interest. In every purchase, Segredo failed to pay off the first mortgage. (Case No. SC09-210)
Robert L. Shepherd, 4020 Galt Ocean Drive, Apt. 812, Fort Lauderdale, suspended effective immediately, following a Jan.16 court order. (Admitted to practice: 1997) Shepherd was found guilty in U.S. District Court of one count of conspiracy to commit an offense against the United States, a felony. He used his law firm as a front for the employment of a co-conspirator whose probation terms prohibited such employment. Shepherd was sentenced to 18 months' probation and fined $3,000. (Case No. SC09-9)
Alejandro Lazaro Sixto, 327 E. 49th St., Hialeah, to receive a public reprimand from The Florida Bar Board of Governors, following a Feb. 12 court order. (Admitted to practice: 2003) In two separate matters regarding traffic citations, Sixto failed to properly communicate with clients about the dispositions of their cases. This resulted in late fees being assessed on one client and another client being arrested for not appearing in court. (Case No. SC09-209)
Jay Allen Unger, 713 E. SE 4th St., Apt. A, Boynton Beach, suspended effective 30 days from a Jan. 9 court order. (Admitted to practice: 1997) In July 2008, Unger was found guilty in circuit court of felony drug charges and sentenced to three years in the custody of the Florida Department of Corrections. Two months later, Unger was found guilty in circuit court of grand theft and presenting a false insurance claim for the theft of a rental trailer with his two motorcycles; and one misdemeanor, making a false report of a crime. He was sentenced to three additional years in custody, to be served concurrently. (Case No. SC09-5)
Alfredo Domingo Xiques, 2950 SW 27th Ave., Suite 300, Miami, to receive a public reprimand, following a Jan. 29 court order. (Admitted to practice: 2002) Xiques acted as the closing attorney on a real estate transaction for four long-standing clients. He notarized the signature of his cousin, who was present at the closing. At his cousin's request, Xiques then notarized the signatures of the three remaining people involved in the transaction, even though they were not present. (Case No. SC08-2453)
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EDITORS: Please note The Florida Bar is not an association and "Association" is not part of our name. Proper reference is "The Florida Bar." Local bar organizations are properly termed "associations."
[Revised:
03-19-2009
]