Ancillary Rothstein Proceedings Churn On.

TDBankorder

The latest Rothstein news comes from Judge Cooke, who denied TD Bank's motion to stay a civil suit pending before her on the grounds that TD's former Regional Vice President, Frank Spinosa, is about to be indicted and therefore TD can't mount an effective defense:

TD Bank seeks a stay of this civil action pending the outcome of criminal proceedings against Frank Spinosa, its former Regional Vice President. The Government has not indicted Mr. Spinosa. Shortly before the close of fact discovery in this case, TD Bank deposed Plaintiff’s corporate representative, and several of its partners and agents. Two of Plaintiff’s deponents testified about an alleged September 25, 2009 meeting and an alleged August 17, 2009 phone call where Mr. Spinosa made false representations to Plaintiff. The crux of TD Bank’s Motion is that these are new allegations, and that it cannot defend itself against them because Mr. Spinosa has invoked his Fifth Amendment privilege against self-incrimination. Thus, TD Bank seeks a stay of these civil proceedings.

Judge Cooke doesn't buy it:

In light of the allegations in Plaintiff’s Complaint, Plaintiff’s deponents’ testimony that Mr. Spinosa made misrepresentations in an August 17, 2009 phone call and in a September 25, 2009 meeting can hardly be characterized as “new allegations.” This case should not be stayed merely because TD Bank waited until just before close of fact discovery to take the deposition of Plaintiff’s corporate representative, agents, and partners. That Mr. Spinosa would invoke his Fifth Amendment privilege is also not new information. Mr. Spinosa invoked the privilege on June 10, 2010 and December 3, 2010, in two other cases, and he invoked the privilege in a February 17, 2011 deposition in this case.

Hmm, not to put too fine a point on it.

Scott Rothstein "Dirty Dozen" To Be Charged?

Looks as if at least a dozen alleged co-conspirators of Scott Rothstein are due to be charged in the next few months:

Federal prosecutors say multiple new defendants will be swept up in the wide-ranging investigation into Scott Rothstein's Ponzi scheme.

Their timeline for bringing the new suspects before a federal judge: Six months.

Lawyers close to the Rothstein case have speculated that a dozen to two dozen people could ultimately face criminal charges. 

Two dozen?

That's a lot of lawyers people.

Wonder who's on or off the list?

Stu Rosenfeldt "Insolvent or Barley Solvent" But Due to Get Huge Tax Refund!

This is one crazy motion.

Apparently the Rosenfeldts are "either currently insolvent or barely solvent," but RRA overpaid them by $8+ million and they therefore are expecting a net tax refund of $2.37 million -- of which they will be paying the Trustee roughly $1.63 million.

To quote Yakov Smirnoff --

What a country!

Check Out Russell Adler's New Website!

Are you interested that Scott Rothstein and Russ Adler have their Manhattan condos up for sale?

Ok, then what about Adler's spiffy new website:

Russell S. Adler is a civil trial lawyer with a passion for the Court Room. This is where justice is dispensed for his clients. This is where all cases end up if they don't settle. Russell is passionate about his clients and their cases. He is dedicated to your cause. Russell focuses on personal injury, wrongful death, car accident, motorcycle accident, sexual abuse, medical malpractice, class action, qui tam whitsleblower, elderly abuse and product defect cases. He also handles commercial litigation and employment law matters. Visit our Case Types area for more information and video clips. We do a better job on your case using cutting edge technology. View your paperless case files online, and use our collaboration tools to stay informed.

Those are some mighty bad-arse photos Russ has scattered along his site.

Some even seem Carveresqe --I like them!

Patrick J. O'Connor Thinks It's OK To Use an iPhone.

There are few debates I find less interesting than iPhone/Blackberry, but then again not everyone agrees that analyzing how two separate teams of writers could independently come up with The Munsters and The Addams Family at the exact same time remains one of the more puzzling questions of our age.

Still, Patrick J. O'Connor has a strong opinion on whether using an iPhone makes you look like a frivolous, pleasure-seeking lightweight:

Yet O'Connor adds that the type of mobile device one uses can still play an important role in how other people perceive you. "I think there has been a perception in the legal community that the BlackBerry is a more professional device," he says. "Traditionally, the iPhone was [seen as a device] for gaming and entertainment applications, and the BlackBerry was the device you really do business on."

But O'Connor notes that perceptions often change over time, and that devices that once suggested a degree of unprofessionalism can suddenly become not only acceptable, but popular and desirable. "The majority of attorneys that I deal with day in and day out now seem to have iPhones, and there seems to be no problem with that," he says. On the other hand, attorneys thinking about using a bargain or obscure gadget brand may still want to think twice about the acquisition before straying from the pack.

"Obscure gadget brand"?  Heavens forbid!.

Get me the McDonalds of smart phones, or get me nothing at all.

(BTW, I have a feeling Scott Rothstein would not approve of Patrick's goatee!)

Whatever.

I seem to have The Munsters on the brain today, guess that means I'm "straying from the pack":

Of Course Jamie-Lynn Sigler Is Somehow Involved With Rothstein!

Bob Norman breaks it down here, but it involves allegations in the Rothstein investor suit being handled by Bill Scherer, in which a few of the defendants have counterclaimed:

To drum up cash meant to help bail out their millions, the suit claims that Von Allmen worked hand in hand with Clockwork Capital Advisors, a hedge fund run by A.J. Discala, a Hollywood agent and dubious businessman whose claim to fame was having married Jamie-Lynn Sigler, aka Meadow Soprano. The idea was to turn clockwork into the new Banyan, the monster hedge fund run by George Levin that financed much of Rothstein's scheme.

Von Allmen also formed Delaware companies Razorback Funding and D3 Capital Club as vehicles to raise money from unwitting investors into Rothstein's scheme. The suit claims more than 23 investors sank money into the venture. 

Ok, A.J. Discala is a lout of the highest order, so I'm not surprised by this.

But the bigger question is who gets to depose Jamie-Lynn?

(Don't tell me fancy-pants Eliot Lauer, that will just make a bad situation worse).

Allen Stanford Receiver Wants Miami Heat to Pay Money Back.

Oh I long for the days when we used to make fun of R. Allen Stanford.

Can anyone forget Bowman Brown's amazingly accurate "spidey sense" and deft way with a self-deprecating anecdote?

God I miss that material.

Well, there is hope:

The National Basketball Association’s Miami Heat was sued by the R. Allen Stanford receivership for allegedly collecting more than $1.3 million in ill-gotten gains from Stanford’s alleged fraud.

“The payments to the Miami Heat parties are related to Stanford’s sponsorship, advertising and promotional activities,” Ralph Janvey, the court-appointed receiver, said in a complaint filed today in Dallas federal court.

What is it with crooks and sports teams?

Remember how Scott Rothstein blew wads of dough getting close to sports stars so he could pretend he had a jump shot or could throw the ball just like Dan Marino?

Short Jews, what can I say.

More Allegedly Forged Court Orders.

I can't imagine the place you have to be in your life as an attorney to forge court orders to present to a client. 

When you think about the hard work you've put in to become a professional, from college to law school to passing the bar to establishing a practice, and yet here you are, at the word processor, faking a judge's signature -- to me it's astounding but allegedly all the rage here in South Florida:

A Coral Springs lawyer forged the signatures of two Miami-Dade judges while lying to a client about a bogus lawsuit settlement, authorities said Wednesday.

The lawyer, Frank J. Ingrassia, who was working with a disgraced foreclosure rescue company called Outreach Housing, was arrested last week in Broward County and charged with three felonies involving the forgery of court documents.

Ingrassia, who was disbarred last month for the misconduct, drew headlines in 2008 after he began preemptively suing banks for providing allegedly fraudulent mortgages. Aventura businessman William Klein hired Ingrassia to sue his bank after reading a Miami Herald article about the attorney's efforts.

According to an arrest affidavit released Wednesday, Ingrassia presented Klein with paperwork showing a $1 million settlement signed by Miami-Dade Circuit Judge Maxine Cohen Lando, and a foreclosure dismissal order signed by Miami-Dade Circuit Judge Ronald Dresnick.

But neither judge had signed any such legal documents, and they were never filed in court, according to an arrest affidavit by Florida Department of Law Enforcement Agent Michelle Bufalino.

Klein said Ingrassia even recounted to him detailed and ultimately bogus tales of dramatic courtroom hearings. 

Klein is still engaged in a legal battle to keep his Aventura condo.

Ingrassia ``performed a two-year charade,'' Klein said.

If true, this is just an amazing story of lawyer misconduct.  Of course I'd love to see the allegedly forged orders and compare them to Scott Rothstein's handiwork.

But I'm funny like that.

SFL Friday -- Russ Adler Deposition Follies!

The Intrepid One™  reports on Russ Adler's deposition, which went off about as smoothly as everything else in Rothstein-world:

Lichtman and Adler’s lawyer, Fred Haddad of Fort Lauderdale, stood and yelled at each other several times in the highly charged session. After Lichtman sarcastically questioned Adler’s assertions that he was a “premiere” lawyer in Broward County, Haddad threatened to have Adler leave the deposition if Lichtman did not treat Adler with respect. Later, Lichtman threatened to stop the deposition and get a protective order to force Adler to answer his questions.

“You’ve been argumentative with me all day,” Lichtman said. “I don’t want your speeches.”

 This may be my favorite part (by Jon Burstein in the Sun-Sentinel):

At times, Adler lashed out at Lichtman, accusing him of trying to trap him with "memory games" and telling the bankruptcy attorney: "I don't trust you. I don't believe you."

Adding a side element to the deposition was Adler's wife, Katie Adler, who repeatedly spoke up, much to the chagrin of Adler's attorney, Fred Haddad, who threatened to kick her out of the room.

Katie, I appreciate the sentiment, but let your man handle this, ok?

In other news eat lots of salt, charm may not be a positive personality trait, and it's always mind over matter.

I'm cutting out of downtown early as I understand they may be something happening here later, so happy windsurfing to all and have a great weekend!