Tuesday, May 18, 2010

Judge Cooke to get a piece of the Scott Rothstein case

Well, SFL hasn't used Scribd in a while, so I figured I get in on the fun. Here's a complaint filed by David Mandel against Scott Rothstein and TD Bank for civil RICO that landed before Judge Cooke:

Coquina Complaint

Coquina, an investment partnership based in Texas, alleges that TD Bank was complicit with Rothstein in the Ponzi scheme. According to the complaint, Coquina’s representatives met directly with Rothstein and Regional Vice-President Frank Spinosa at TD Bank’s corporate offices in Fort Lauderdale. At that meeting, Spinosa allegedly vouched for both Rothstein and the safety of the Coquina’s investments.

Also of interest, last week Spinosa’s counsel informed the parties in the RRA bankruptcy proceeding that his client intends to invoke his Fifth Amendment rights against self-incrimination and will refuse to answer deposition questions.

This is the case that keeps on giving...

In other news, Rumpole is railing on Justice Scalia because he dissented in the Graham case yesterday. What Rumpole doesn't tell you is that Scalia also dissented in United States v. Comstock, in which the Supreme Court said that federal law allows a district court to order the civil commitment of a mentally ill federal prisoner beyond the date he would otherwise be released. Scalia said that Congress didn't have authority to pass such a law under the necessary and proper clause. He's not perfect, but Scalia is the best friend a criminal defendant has in the Supremes.


Rumpole said...

I haven't gotten to Comstock yet. I will. So you can tell your pal not to get his panties in a bunch.

FYI- someday when you argue your biggest case before the Supreme Court, I promise I won't say "I told you so" when Scalia casts the fifth vote against you. I'll be thinking it- but I won't say it.

South Florida Lawyers said...