The purpose of this summary provided by the Communications Department of The Florida Bar is to present media coverage that may be of interest to members. Opinions expressed in the articles are attributable solely to the authors. The Florida Bar does not adopt or endorse any opinions expressed below. For information on previous articles, please contact the publishing newspaper directly.
January 24, 2025
-
The Florida Bar
LEE COUNTY LEGAL AID SOCIETY CLINIC FOR SENIORS RETURNS IN FEBRUARY
The Florida Bar | Article | January 24, 2025
The Lee County Legal Aid Society will host a free legal clinic for seniors aged 50+ on Wednesday, February 5, 2025, from 9 a.m. to noon at the Ft. Myers Regional Library, 1651 Lee St., Ft. Myers. This session focuses on post-hurricane civil legal issues, including contractor fraud and insurance claims from Hurricanes Helene and Milton (2024) and Hurricane Ian (2022). The event begins with light refreshments and a 30-minute panel presentation by local attorneys, followed by audience Q&A and individual 20-minute consultations starting at 10 a.m. Criminal cases are excluded. Advance registration is required by contacting [email protected] or calling 239-334-6118 with relevant details and documents, which must also be brought to the clinic. Supported by the AARP Foundation, this event continues the Society’s commitment to aiding seniors through prior programs like “Just for Seniors.” Visit leecountylegalaid.org for more details.
-
Legal Discipline
DISBARRED ATTORNEY JASON PENROD FACES NEW CHARGES, INCLUDING MONEY LAUNDERING
News Channel 8 | Article | January 24, 2025
Disbarred attorney Jason Penrod appeared in court Thursday [Jan 24.], facing 32 new money laundering and grand theft charges in Polk County. Penrod, arrested in September at a Marion County addiction recovery facility, was initially charged with grand theft. Prosecutor Matthew Hendry requested elevated bonds due to the alleged theft of large sums, but the judge ordered Penrod be held without bond. Penrod, who abruptly closed his Polk County law firm, Family Elder Law, in summer 2024, admitted in letters and affidavits to gambling away $1.7 million in trust funds at Tampa’s Hard Rock Casino. He claimed his gambling addiction led him to misuse client funds. Records show Penrod attempted restitution by traveling to Pennsylvania in June 2024. The Florida Bar permanently revoked Penrod’s license in late 2023.
-
Legal Discipline
SEMINOLE COUNTY JUDGE TO FACE SUSPENSION AND PUBLIC REPRIMAND FOR MISCONDUCT IN COURT
WFTV 9 | Article | January 23, 2025
Seminole County Judge Wayne Culver will face a public reprimand and suspension on February 5, 2025, for misconduct incidents from 2022. The Judicial Qualifications Commission (JQC) criticized Culver as sarcastic, undignified, and unprofessional after a video showed him swearing at a disruptive defendant and unlawfully sentencing another to 18 months for contempt. Elected in 2020, Culver began his role in January 2021 and was previously suspended for 60 days due to two misconduct incidents. In one, he mocked a litigant, threatening a lengthy jail sentence. In another, he used profanity and behaved threateningly. The JQC noted Culver’s contrition and cooperation, acknowledging his personal struggles, including caring for his dying father. The court emphasized judges must act with integrity and dignity but recognized Culver’s efforts to learn from the experience and remain effective. His suspension will soon take effect.
-
United States Supreme Court
SUPREME COURT ALLOWS SMALL BUSINESS REGISTRATION RULE TO TAKE EFFECT, AIMED AT MONEY LAUNDERING
The Associated Press | Article | January 23, 2025
On Thursday [Jan 24.], the Supreme Court reinstated the Corporate Transparency Act (CTA), requiring owners of 32.6 million small businesses to register personal information, such as photo IDs and home addresses, with the Treasury Department’s Financial Crimes Enforcement Network (FinCEN). Enacted in 2021 to combat money laundering and anonymous shell companies, the CTA had been blocked by a Texas federal judge, citing Congress’s lack of authority, and stayed by the 5th U.S. Circuit Court of Appeals. While enforcement proceeds as the case continues in court, critics, including the National Small Business Association, expressed concerns over compliance uncertainty. NSBA President Todd McCracken and Karen Kerrigan of the Small Business & Entrepreneurship Council called for Congress to repeal the law. Supporters like Ian Gary of the FACT Coalition praised the decision, citing its importance for combating financial crime. The law’s enforcement timeline and penalties remain contentious.
-
Civil Justice
FLORIDA JUDGE TOSSES ANTITRUST CASE OVER YACHT BROKER COMMISSIONS
Daily Business Review | Article | January 21, 2025
U.S. District Judge K. Michael Moore dismissed antitrust class actions against yacht brokers in the Southern District of Florida on Tuesday. The lawsuits alleged that brokers and associations, including the International Yacht Brokers Association and Yacht Broker’s Association of America, conspired to fix a 10% commission rate on yacht sales. Judge Moore ruled the plaintiffs failed to provide evidence of an agreement or conspiracy, instead alleging mere professional connections among brokers. He also found no proof that brokers refused to deal with unrepresented buyers as part of a conspiracy, deeming their actions reasonable business practices. The plaintiffs, represented by Mark Dearman of Robbins Geller Rudman & Dowd, compared the case to the National Association of Realtors’ $418 million settlement. However, defense counsel, including Christina Paul of K&L Gates, argued the yacht industry lacks a dominant trade association or essential platform, making the cases fundamentally different.
-
Civil Justice
FLORIDA LAW FIRM SUED FOR $35 MILLION OVER ALLEGED ROLE IN ACQUISITION DEAL COLLAPSE
Daily Business Review | Article | January 24, 2025
H Control Topco filed a lawsuit in Miami-Dade Circuit Court against the Law Offices of Hoffman & Hoffman and founding partner John D. Hoffman, alleging tortious interference and civil conspiracy tied to a failed $260 million merger. Represented by attorney Matthew P. Leto, H Control claims Hoffman provided false information about OpticalTel’s CEO, Mario Bustamante, and misrepresented Rafael Marquez’s ownership stake in OpticalTel. The dispute stems from a 2004 agreement granting Marquez 5% ownership of H Control. However, in 2023, Marquez contacted potential buyers, claiming broader ownership and software rights. Hoffman allegedly shared confidential information with the buyer’s legal team, leading to a notice of breach and deal termination. H Control accuses Hoffman of causing significant damages, citing a Delaware Chancery Court’s finding that Hoffman used exaggerated language, undermining the transaction. The defendants have not yet responded to the complaint.
-
Civil Justice
TRAGEDY ON I-95: FLORIDA LAWSUIT AGAINST HORIZON FREIGHT SYSTEM COULD SET NEW PRECEDENT IN CRASH CASES
Daily Business Review | Article | January 21, 2025
Mulin and Junia Andrieux Celestin were killed in a crash on I-95 while driving from Miami to Palm Bay, Florida, according to a lawsuit filed in Miami-Dade Circuit Court. The Celestins exited their vehicles after a collision involving a third car, attempting to assist a family with four children. Defendant Armando Alvarez Padina, driving a semi-truck on cruise control at 66 mph, allegedly failed to brake or take evasive action, crashing into the vehicles and killing the Celestins and two members of the other family. Attorney Dax Bello of Stewart Tilghman Bianchi & Cain, representing the Celestins’ estate, argued the tragedy resulted from Padina’s inattention. Defense attorneys Mark Caloyer and Paul Gamm have not commented. Bello emphasized the devastating impact, noting the Celestins’ children were orphaned and other victims suffered profound losses. The case highlights the catastrophic consequences of alleged negligence.
-
Criminal Justice Issues
HOLMES BEACH POLICE TASED AN AUTISTIC MAN. ATTORNEYS, ADVOCATE CALL FOR BETTER TRAINING
Sarasota Herald-Tribune | Article | January 23, 2025
On September 10, 2023, Francisco Diaz-Burgos, a man with autism, was tased and arrested by Holmes Beach police during a traffic stop on Anna Maria Island. Charged with resisting arrest and battery on officers, Francisco spent three weeks in Manatee County Jail, developing PTSD. Sarasota attorney Alex Kompothecras, with personal ties to autism advocacy, paid Francisco’s bail and worked with attorney CJ Czaia to secure an administrative dismissal in December 2023 through a pretrial intervention program. Francisco’s case highlighted a lack of autism training for law enforcement, leading Holmes Beach police and State Attorney Ed Brodsky to support additional education. Kompothecras plans to implement training programs and will host an autism awareness event on March 1, 2025, at Nathan Benderson Park. Advocates, including Stacey Hoaglund of the Autism Society of Florida, continue pushing for mandatory autism training for Florida law enforcement and legal professionals.
-
Criminal Justice
WAIT BEGINS FOR DECISION ON FORMER FLORIDA BALLERINA’S BOND PENDING APPEAL
Sarasota Herald -Tribune | Article | January 23, 2025
Ashley Benefield, convicted of manslaughter for the 2020 shooting of her estranged husband Doug Benefield, attended a bond hearing on January 23, 2025, at the Manatee County Judicial Center in Bradenton, Florida. Judge Matt Whyte will issue a decision in 2–3 weeks. Her defense seeks a $150,000 bond with conditions like electronic monitoring. Benefield’s attorneys cited her prior compliance with pretrial release and emphasized her ties to the community, including support from witness Jana Martin. The prosecution, led by Assistant State Attorney Suzanne O’Donnell, argued Benefield poses a flight risk and alleged her actions were calculated to gain sole custody of the couple’s daughter. The case stemmed from a 2020 incident in Lakewood Ranch where Benefield shot Doug, claiming self-defense. Outside the hearing, her defense expressed optimism about her appeal, expected to proceed in March after transcript submissions.