By Mike Johnson of the Journal Sentinel

A suspended lawyer awaiting sentencing in federal court for bank fraud for bilking millions from a trust account has been charged with robbing the Town Bank branch in Wales on June 12.

Peter T. Elliott, 62, of Summit is accused of taking $9,516 during the robbery, according to a criminal complaint filed in Waukesha County Circuit Court.

In a separate case, Elliott is charged in Waukesha County with possession of a firearm in a school zone and carrying a concealed weapon.

According to criminal complaints filed against him, Elliott was arrested July 22 by a sheriff’s deputy who had responded to a call about a suspicious vehicle in a parking lot at Kettle Moraine High School in Wales.

The deputy saw Elliott in the car and believed there was a “strong possibility” Elliott was involved in the robbery, court documents state. Elliott looked like the suspect in bank photographs taken on the day of the robbery and Elliott’s vehicle matched the description of the car the robber used, records state.

The deputy searched Elliott’s vehicle and found a silver handgun in a pouch on the back of the passenger side front seat, according to the complaint.

During questioning by authorities, Elliott allegedly admitted robbing the bank but said he did not have a gun with him during the heist.

Two bank employees, though, told investigators that Elliott said he had a gun during the robbery, which occurred minutes after noon June 12 at the bank branch on Summit Ave. in Wales.

After taking the money, he told them to lie down and the floor and count to 500, the complaint says. One of the tellers told investigators that Elliott said, “I have an accomplice watching you from the parking lot. If you try anything, we’ll both be back.”

Elliott told investigators robbing the bank was “quite easy” and that he used $2,600 of the money to get his daughter’s vehicle out of hock, the complaint says. He used the rest of the money to pay past due utility bills and for living expenses, the complaint says.

He also told detectives that he had a federal criminal case pending for stealing $2.5 million from a trust account, the complaint says.

In the federal case, Elliott has pleaded guilty to one count of bank fraud and is scheduled to be sentenced on Aug. 25. He faces a maximum prison term of 30 years. Three other bank fraud counts filed against him are expected to be dismissed at sentencing as part of a plea bargain.

He was charged in July 2009 in U.S. District Court in Milwaukee.

According to the four-page charging document, Elliott became a lawyer in 1974 and, as part of his practice, maintained an Interest on Lawyers Trust Account at Associated Bank. That is an account in which an attorney holds funds for clients. The funds can be used only by or on behalf of the client.

In the late 1990s, Elliott began to occasionally use the trust account for personal purposes, the document says. Over 10 years, Elliott diverted about $2.5 million out of the trust funds for himself, according to the document, which does not say how the money was spent.

To cover his withdrawals, Elliott operated a check-kiting scheme in which he would write checks from his personal Wells Fargo account and deposit them into the trust account at Associated Bank, the document says.

Elliott would withdraw money out of the trust account for himself and then stop payment on his personal Wells Fargo check, the document says.

In four weeks in fall 2008, Elliott deposited and stopped payment on 57 checks totaling $35 million, according to the document. However, Elliott is suspected only of taking $2.5 million for himself.

Elliott’s law license was suspended in January by the state Supreme Court after he refused to participate in an investigation by the Office of Lawyer Regulation, according to documents.

In the Waukesha County cases, Elliott appeared in court on Wednesday and asked for a court-appointed attorney. He is scheduled to appear in court again on Aug. 16.

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Police: Arrested Longwood lawyer sent taunting texts to former client
By Jeff Weiner and Susan Jacobson, Orlando Sentinel

A Longwood lawyer arrested on charges of burglarizing the home of a former client taunted his victim with several text messages threatening “all out war,” according to a Lake Mary police report released Friday.

Albert E. Ford II, 43, who specializes in environmental and land-use issues, and Kasee Singh, who has owned realty, development and title companies, were locked in a dispute over fees, documents show.

Singh filed a complaint in April with The Florida Bar. The group on July 13 informed Singh that his complaint was being dismissed because Ford’s fees were not excessive or fraudulent. The Bar told Singh he was free to sue Ford if he wanted to pursue the matter.

Messages left for Singh were not returned. Ford’s attorney could not be immediately reached.

Among the Bar documents released Friday was a Feb. 25 e-mail to Ford from Singh demanding payment and stating that his “former friend” owed more than $20,000.

“Well, you, sir, have proven to be a no good liar and I will be compensated for my work one way or another,” Ford wrote, adding he would win a lawsuit against Singh so “the entire community knows what a sleazy, no good, deceitful jerk that you are.”

Ford remained in the Seminole County Jail late Friday on charges of armed burglary to a dwelling, grand theft, burglary to an occupied dwelling and damaging property-criminal mischief.

Police say Ford is the man shown on security video burglarizing Singh’s Lake Mary house Wednesday. He was arrested Thursday at his home, also in Lake Mary.

The armed burglary charge apparently was lodged after Singh told police that he found ammunition and gun parts near his garage. They were taken into evidence.

Singh told officers he arrived home from work to find damage to his house and pool. He also showed police several messages in which Ford offered a “last warning” and referred to Singh as a “weak puppy,” the police report shows.

“I declare all out war against you,” wrote Ford in the first message, received by Singh at 9:35 a.m. Wednesday, according to the report. “I warned you against trying to go after my livelihood. This is your last warning.”

In two other messages in the report received minutes after the incident, Ford asks Singh, “Why are you so weak” and taunts, “What’s up weak puppy.”

Video and still photos released by police show a man driving up to Singh’s house in a black pickup at 5:19 p.m. Wednesday, going to the front door, then walking around back and entering a pool enclosure.

Police say Ford broke the front doorbell, kicked a concrete bench into the pool and removed a pool tank and filter and canister on the side of the house near the pool. The filter and canister were found nearby.

In the video, the man, who was accompanied by a black dog — possibly a Labrador retriever — jiggles a large American flag in front of the house till it dislodges from its holder. He tosses the flag into the bed of his truck along with the tank and filter, then drives off with the dog in the pickup bed, too.

Singh showed police three .380-caliber rounds and pieces of a gun he said he found near his garage along with broken glass from a shattered light, the report says. Before he was arrested, the report states, assistants at Ford’s law firm told authorities that Ford often carried a gun.

Ford graduated from Tulane University Law School in 1995 and was admitted to The Florida Bar the same year. The Bar website has no record of discipline against him during the past 10 years.

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St. Louis Park attorney arrested in sex sting
By ANTHONY LONETREE

A St. Louis Park attorney is scheduled to appear in Hennepin County District Court Tuesday — accused of trying to arrange through an escort service to pay for sex with an underage girl.

But the escort service operator turned out to be a police informant and the “15-year-old” with whom the attorney was to have sex with last Friday was an undercover officer, according to a complaint filed Monday against Ian Laurie, 42.

Laurie, who lives in Maple Grove and who as an attorney specializes in employment law, is charged with the attempted solicitation of a child to engage in sexual conduct, a felony.

According to the complaint:

The informant told police last Thursday that Laurie had contacted him repeatedly over the past few months, “asking him to find a juvenile female for him to have sex with.” He added that he’d offered to set up Laurie with an 18-year-old, but that Laurie declined, saying the girl should be under 16.

Last Thursday, the informant contacted Laurie, saying that he had located a 15-year-old female, and that for a $185 fee, Laurie could have “full sex service.” But the escort service operator had found no such girl, and immediately after the two spoke, he called police.

On Friday, Laurie and the informant agreed to a reduced price of $100 after Laurie indicated that $185 “might be a problem.” During the subsequent meeting with the undercover officer, Laurie asked if she was 15, and after she said she was, he left but said he’d return in 10 minutes — hoping that by then the escort service operator would show up, too.

Instead, officers found Laurie at his office, and they arrested him, the complaint said. Bail was set at $75,000.

Would You Wear This To Work?

Disbarred Attorney Sentenced to Federal Prison for Defrauding Elderly Clients
Defendant Diverted Over $4.3 Million of Clients’ Trust Money for His Own Use
July 7, 2010

ATLANTA—M. DEWEY BAIN, 59, of Sugar Hill, Georgia, was sentenced today by United States District Judge Thomas W. Thrash, Jr. to serve over five years in federal prison for defrauding his clients of over $4.3 million in trust funds that he had misrepresented were in safe investments earning good returns but which in fact he had stolen.

United States Attorney Sally Quillian Yates said of the case, “This defendant, an attorney formerly licensed in Georgia and Texas, entered into trust agreements with elderly victims, told them that he was placing their money in safe investments, and then lost it all—over $4.3 million in retirement savings and inheritance money—after diverting it to his own personal and business use. His shameful abuse of trust has now landed him in federal prison.”

Reginald G. Moore, United States Secret Service Special Agent in Charge, said, “The Secret Service takes an aggressive approach to the prevention and investigation of con artists who prey upon innocent victims by promising future large financial gain for a small initial investment. This case demonstrates the wide-reaching effects of bogus financial and real estate schemes, the impact on innocent victims, and the importance of cooperation among our law enforcement partners.”

BAIN was sentenced to five years and three months in prison, to be followed by three years of supervised release, and was ordered to pay $4,354,000 in restitution to his victims. BAIN pleaded guilty to the charge of wire fraud on April 6, 2010. BAIN was disbarred in Georgia in October 2009.

According to United States Attorney Yates, the charges and other information presented in court: Between May 2006 and March 2009, BAIN, an attorney formerly licensed in Georgia and Texas, stole over $4.3 million of his clients’ money based on a fraudulent trust scheme. He entered into trust agreements with the defrauded clients, many of whom were elderly, and agreed to act as their financial advisor and invest their retirement savings and inheritances in safe accounts, such as certificates of deposit and loans to third parties that were allegedly secured by real estate and other valuable property. During the scheme, however, BAIN diverted their money to pay for his own personal expenses and, without their permission, used it to support his business interests. His business, “DnC Multimedia Corp.,” formerly known as “PlanetLink Communications, Inc.,” later filed for bankruptcy. Through early 2009, BAIN falsely assured his victims that their trust accounts were earning good interest based on the investments, when in fact the accounts had no value by at least February 2009.

As an example, under one of the trust agreements, BAIN originally invested the money of an elderly victim in certificates of deposit and paid her personal expenses out of the trust. He later liquidated the certificates based on false pretenses and moved the money to a bank account in his name. He then used the money in his business, even though she had specifically refused to permit such an investment because it was too risky. He also wrote checks off of her credit card account without her authorization. As the result of BAIN’s fraud, this victim lost nearly $1 million and was no longer able to pay for her assisted living residence. She traveled from another state with family and addressed the court at today’s sentencing.

This case was investigated by special agents of the Federal Bureau of Investigation and the United States Secret Service and by detectives with the Topeka, Kansas Police Department, with the assistance of the Attorney General’s Office for the State of Kansas. The case was referred for criminal prosecution by the Office of the U.S. Trustee in Atlanta, Georgia, as well as by the Atlanta Division Office of the Securities and Exchange Commission.

Assistant United States Attorney Stephen H. McClain prosecuted the case.

For further information please contact Sally Q. Yates, United States Attorney, or Charysse L. Alexander, Executive Assistant United States Attorney, through Patrick Crosby, Public Affairs Officer, U.S. Attorney’s Office, at (404) 581-6016. The Internet address for the HomePage for the U.S. Attorney’s Office for the Northern District of Georgia is www.justice.gov/usao/gan.

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An attorney who groped the breast and buttocks of his opposing counsel at a downtown Portland office party pleaded guilty to harassment and was ordered to write an apology letter.

A judge also sentenced Jack Levy to two years of probation, to stay away from his victim and attend a class about “gender issues” and professionalism. Multnomah County Circuit Judge Jean Maurer told the 42-year-old that his behavior was “offensive and degrading.”

“To say I’m disheartened would understate it considerably,” Maurer said during Friday’s hearing.

Levy admitted committing a Class A misdemeanor for subjecting the woman to “offensive physical conduct” by touching intimate parts of her body. Levy’s sentence is typical for someone with no criminal history.

The victim, a construction-defect attorney, complained to the Oregon State Bar and later to Portland police about the incidents that unfolded March 4, during a 10th anniversary party for the Aldrich law office, another firm that takes on construction-defect cases. The woman said Levy, a partner at Smith Freed & Eberhard PC, started making sexually charged comments about her within earshot. She left the room, only to have Levy “firmly grab my butt” in the hallway, she wrote in a complaint.

The woman told Levy she was sure her husband wouldn’t appreciate that, then continued walking. A while later, the woman said Levy walked across a room toward her, suddenly hugged her. His hand “moved up to grab my breast from underneath. I was appalled and jumped.”

Levy followed up by asking her crude questions about what sexual activity she might engage in with her husband that night, she wrote.

The bar is investigating Levy’s actions. If he is found to have committed misconduct, he could face a public reprimand, suspension or disbarment.

In a letter this week, Levy’s attorney, Wayne Mackeson, said his client’s behavior was “crude and boorish” but doesn’t warrant professional disciplinary action. Mackeson also said that Levy didn’t intend to gain an unfair advantage in the dispute he and the woman were working on.

The woman has said she believed Levy groped her as a “strategic maneuver” to unsettle her in the case. At the time of the complaint, the woman was the attorney for property owners in a case seeking $4.3 million in damages, plus attorney fees and costs, against a developer represented by Levy.

During Friday’s hearing, the woman sat silently next to her husband as prosecutor Don Rees read aloud a five-page letter she’d written. She said she’d gotten little sleep the night of the incident as her mind replayed the events. “Even though intellectually I knew I had done nothing to encourage his conduct, I still felt ashamed.”

The next morning, as she prepared herself to confront Levy at a pre-scheduled meeting, her “stomach was in knots” and her body shook. She said she reported Levy to the bar and later police even though she feared doing so.

“I worried that if I reported the crime, people wouldn’t believe me, would blame me, would think less of me, and that my career would be ruined,” she wrote. “I worried that if I didn’t report the crime, he would do this to other women, that he would be further emboldened in the future, that he would continue to try to bully me, that others would see me as weak.”

Mackeson said his client intended to learn from his actions.

Then Levy, wearing a navy suit and speaking in a soft voice, apologized.

“I was wrong in my conduct,” he said Friday. “I deeply regret it and don’t want to cause any more embarrassment for (the woman) or her family.”

Credit:
Aimee Green, The Oregonian
Portland attorney convicted of groping another attorney
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In the original story, the Oregon State Bar “initially declined the complaint but revived it after the complainant alerted police. The bar will examine Levy’s fitness as a lawyer considering the alleged criminal assault, and if Levy used intimidation to gain an advantage in a pending case, state bar records show.”

Hmmm. Why did they decline the complaint in the first place?

Lawyer disbarred for misuse of client funds
Posted by Jane Friedmann @StarTribune.com

The Minnesota Supreme Court disbarred a lawyer who had used at least $750 in client funds to buy illegal drugs.
From March 2006 to January 2007, Juan Jesus Rodriguez worked for Centro Legal Inc., a St. Paul-based organization that provides low-cost legal services. Rodriguez told clients they owed more than their contracts stated and he diverted payments to himself. His license to practice law was suspended in 2008 by the Office of Lawyers Professional Responsibility.

The order disbarring Rodriguez, a Minnesota attorney since 1995, was signed by Justice Alan Page. Justice Paul Anderson wrote a dissenting opinion stating that Rodriguez contacted the court, admitted his misconduct, described himself as a “devoted member of Alcoholics and Narcotics Anonymous,” and accepted “with gratitude the consequences of [his] addictive behavior.”
Anderson said indefinite suspension would have protected the public as effectively as disbarment and might have provided Rodriguez incentive to recover.

Read the Minnesota Supreme Court order.

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Attorney disbarred following conviction
— From staff reports at Enewscourier.com

Athens attorney John Hamilton McLain V, 51, has been disbarred from practicing law in Alabama following his conviction last year of sexually abusing two girls, ages 12 and 13, in 2008.

McLain previously was a certified public accountant and later practiced law in downtown Athens.

The disbarment order from the Supreme Court of Alabama, based on a ruling from the Disciplinary Commission of the Alabama State Bar, was sent Thursday to The News Courier to be published as a paid legal notice. It states the disbarment was effective May 27.

McLain was convicted Feb. 12, 2009, and later sentenced in Madison County Circuit Court on two counts of enticing a child, two counts of second-degree sexual abuse and two counts of second-degree unlawful imprisonment.

Lawyers with the Attorney General’s Office presented evidence during a four-day trial in February 2009 showing McLain picked up the girls as they were walking to the Madison Square Mall without their parents’ knowledge on the night of July 3, 2008. He drove them around Huntsville in his sports car and then to Monte Sano Mountain, where he traced the ring connecting the cups of one girl’s swimsuit, the girls testified. He then drove them to his house in Athens, kept them overnight, touched the breast of one girl, invited the two to join him in the shower and to sleep in his bed, then walked nude in front of them, the girls testified.

The State Supreme Court upheld the conviction in March.

Madison County Circuit Judge Jim Smith sentenced McLain to a total of 20 years on two felony counts, one for each victim. The judge split the sentences so McLain would have to serve a total of six years in prison followed by 14 years on probation. He also was sentenced to a year and three months on misdemeanor counts involving the two children. The sentences on the misdemeanor counts run at the same time as the 20-year felony sentence.

McLain is serving the sentence in Kilby Correctional Facility in Montgomery.

Fairmont Lawyer Disbarred for Misrepresentation
Full Story At MetroNews
Charleston

The West Virginia Supreme Court has disbarred a Marion County lawyer for misrepresenting himself to prison officials.

According to the state’s High Court, G. Patrick Stanton, Jr. entered the Prunytown Correctional Facility in Taylor County in October 2005 to see a female inmate, Rose Auvil. Stanton told prison officials that he was Ms. Auvil’s attorney. However, Stanton was working as the Director of the West Virginia Office of Consumer Advocacy and thus could not practice law privately.

It was later learned by the Investigative Panel of the Lawyer Disciplinary Board that Stanton had represented Auvil in the past, but he had also engaged in a sexual relationship with her that dated back to 1986. The court documents say that Stanton admitted that he had lied to a corrections official over the phone to schedule an attorney-client visit with the woman.

He also traveled from Fairmont to Grafton in order to once again engage in sexual acts with Auvil. On the day of the actual visit, the two were caught in such an act by a prison guard leading to the eventual ethics proceedings.

The Disciplinary Board voted to suspend Stanton’s law license for a year. However, the Supreme Court believed his actions to be so disturbing that it required the permanent forfeiture of his license to practice law in West Virginia.

The Law of Success

DirtyLAWndry reader - “Melissa” - emailed me this interesting tidbit regarding Lance David Lewis. Apparently, Lewis was padding time during a document review project at Pepper Hamilton. He worked from November 12, 2007 to December 4, 2007 on the project at an average of 32 hours each week. However, he decided to continue submitting timesheets to his staffing agency, HireCounsel, after his project ended. He gradually increased his hours from 32 hours per week to about 80 hours per week. He did this until August 2008 when he was finally confronted by HireCounsel. By then, he was paid a total of $79,353 by fraudulently logging 2605.10 hours on his timesheets that he actually never worked. He even received an additional 40 hours for bonuses and holiday pay that he didn’t deserve.

Additionally, Lewis also stole settlement funds belonging to a former client in the amount of $12,500 by forging both his name and his client’s name on the settlement check.

And as if that weren’t scandalous enough, in August 2008, Lance David Lewis was arrested and facing six criminal charges: 1) Attempted Murder, 2) Aggravated Assault, 3) Simple Assault, 4) Possession Of An Instrument Of Crime, 5) Reckless Endangerment, and 6) Conspiracy. By September 2008, the attempted murder charge was dismissed for lack of evidence, but he eventually pleaded guilty to remaining charges.

You can find the PA Disciplinary Board’s Opinion here. From his website, LanceDLewis.com, he seemed to be pursuing a successful career. I wonder how everything went so wrong.

Obermayer law firm fires Rotwitt
By Joseph Tanfani and Mark Fazlollah
INQUIRER STAFF WRITERS

Attorney Jeffrey B. Rotwitt, the lawyer who earned fees on both sides of a deal to build a new Family Court building in Center City, was fired Thursday by his law firm.

Obermayer Rebmann Maxwell & Hippel LLP announced the firing a day after Supreme Court Chief Justice Ronald D. Castille killed Rotwitt’s deal to develop a $200 million Family Court tower at 15th and Arch streets.

The project is still moving forward, with the state serving as developer. But there is no way of telling whether the state will recover any of the millions in fees already paid out to Rotwitt and his partner, Conshohocken developer Donald W. Pulver.

“We have to figure out who got paid what,” Castille said in an interview Thursday. “Our lawyers are going to get to the bottom of that. We will take the appropriate action when we learn the facts.”

Rotwitt has spent 35 years at Obermayer, a Philadelphia-based firm with 125 lawyers that has long been a big-money player on Pennsylvania’s political scene. Last year, the firm contributed a total of $175,000 to statewide campaigns.

Rotwitt has said in recent interviews that he has done nothing wrong. He said he became a codeveloper of the Family Court building with Pulver only after his work find sites for Castille had ended.

He said he has been up-front and open about his involvement in the project and is now being made a scapegoat. He has also said that he was not paid as a lawyer by the courts, but as a broker.

Rotwitt was hired in 2006 by-then Supreme Court Justice Sandra Schultz Newman to find a site for a new courthouse to consolidate Family Court operations in Philadelphia. Originally, Rotwitt was supposed to be paid a commission, after a deal was done.

But after Newman left the court, Castille in 2008 signed off on a $3.9 million fee for Rotwitt, and the courts started making $55,000 monthly installment payments to him. Obermayer has already received a total of about $1.3 million.

But Rotwitt also has earned around $500,000 in additional fees as a codeveloper on the same project, in a handshake deal with Pulver, who now also wants to distance himself from the attorney.

Pulver sent Rotwitt a letter Thursday ending his partnership with Rotwitt’s Deilwydd Property Group FC L.L.C.

Obermayer’s partners say Rotwitt never told them that he had a deal with Pulver to codevelop the Family Court building.

“The management committee had no knowledge of Mr. Rotwitt’s involvement as a developer of the proposed Philadelphia Family Court Facility until the investigation by the Philadelphia Inquirer,” the firm said in a brief statement.

Castille also said he never knew Rotwitt was a codeveloper until The Inquirer reported it.

“If he’s collecting money on the side, I don’t think I’d be too happy,” Castille said of Obermayer’s decision to fire Rotwitt.

“The guy’s grabbing a half-million dollars that should have gone to the law firm,” he said.

But Rotwitt said that everyone knew about his deal with Pulver - Castille, other court administrators, the court’s lawyers, major development firms and particularly his partners at Obermayer.

“The record is clear,” Rotwitt said in an interview last week.

“The world of the city knows it … the realty community, the construction community, the design community, minutes of meetings, drafts of documents, signed documents, it goes on and on and on,” he said.

Rotwitt, 59, is owner of the Kixx indoor soccer team and a partner in a $85 million deal - backed by $10 million in state funding - to build a movie studio in Chester Township.

Involved in number of other high-profile real estate transactions, Rotwitt was a member of Obermayer’s management committee and was its biggest earner, said his spokesman, Kevin Feeley.

“I think Jeff’s view is, in light of all the publicity over the past week he understands the firm’s decision,” Feeley said.

Rotwitt has provided copies of documents that he sent to the courts stating that his firm, Deilwydd Property Group FC L.L.C., was codeveloper of the Family Court building. He also acknowledged he was codeveloper in an interview with The Inquirer last month that triggered the current controversy.

Rotwitt and Obermayer in 2003 were involved in another unusual real estate deal - this one the subject of a critical state grand jury report.

In early 2003, Haverford Township commissioners were looking for help in finding a developer for the 212-acre site of the old Haverford State Hospital. A faction of the board, meeting in secret, decided to hire Rotwitt and Obermayer, according to the grand jury report.

The terms: Obermayer would receive $7,500 a month and 6 percent of the sale when the deal closed. Rotwitt sent developers requests for proposals, and the board eventually made a deal for $30.6 million.

That meant Obermayer and Rotwitt were due for a fee of $1.8 million. But Obermayer chairman Martin Weinberg, a onetime mayoral candidate in Philadelphia, didn’t want to wait for the money, the report says, and told Rotwitt to press for an advance payment before the end of 2003. Without any public vote, commissioners decided to pay Obermayer $600,000.

After the payment surfaced, Rotwitt and Obermayer gave the money back. Rotwitt says that money was not an advance on the fee, but payment for other legal work on the project; the grand jury report calls that “a ruse.”

Weinberg did not return requests for comment.

Weinberg and former Justice Newman began dating five months after she hired Rotwitt in 2006. They were married at the beginning of 2007, and the marriage was annulled later that year.

Newman says her personal ties to the firm had nothing to do with her decision to retain Rotwitt.