Monday, January 19, 2015

Return of the Jedi

Guy Lewis and Michael Tein, along with Dexter Lehtinen, just blew up the Death Star.  It was a long war, but they have finally won to the tune of over $1 million in sanctions against the Tribe's lawyers.  Kudos to Lewis and Tein's lawyers Paul Calli, Chas Short, and Yolanda Strader for this big win.

Judge Marcia Cooke found:
  •  “The history of this action, along with the attendant state actions … indicate that a sizeable monetary sanction, in addition to the … recommendation to the Florida Bar for ethical violations, may be the only deterrence that resonates with [the Tribe] and its counsel.”  
  • “Roman could not, or did not, cite one instance where Defendants Lewis Tein’s billing actually was fake or fraudulent.” 
  • “Roman disregarded the fact that other lawyers, including himself, had invoices for similar amounts. … Roman testified that he charges the Tribe $300,000 per month, or $3 million a year.”  
  • “Roman initiated the investigation with a conclusion in mind and searched for facts to accommodate his presupposed conclusion.”
  • “Roman’s failure to investigate, or rely upon the facts revealed in his investigation, are inexcusable and merit sanctioning, especially given that there is no justifiable reason for an ignorant filing.” 
  • The Tribe's lawyer, Bernardo Roman III, should be referred to the Florida Bar and the S.D. Fla. professional committee for investigation and appropriate disciplinary action.
  •  “I decline the invitation to refer Roman to the United States Attorney’s Office for inquiry into whether he should be criminally charged with any violations of the law. His behavior is egregious and abhorrent, but I will not interfere with the determination of whether it constitutes criminality.”

Wowee! 

Obi-wan Pacenti's last article at the DBR was fittingly on this:

A federal judge ordered more than $1 million in sanctions Friday against Miami attorney Bernardo Roman III, who represented the Miccosukee tribe in its feverish pursuit of a federal racketeering suit against its former legal counsel.
The Miccosukee tribe's "internal feud blinded its counsel, Bernardo Roman III, from adhering to the ethical tenants of our profession," U.S. District Judge Marcia Cooke in Miami wrote. She called his conduct "egregious and abhorrent" more than a year after finding no basis for the lawsuit.
The sanctions order flows from the highly contentious complaint in 2012 against the tribe's former attorneys: Guy Lewis and Michael Tein of Lewis Tein and Dexter Lehtinen of Lehtinen Schultz Riedi Catalano de la Fuente.
Lehtinen and Lewis are former U.S. attorneys in Miami. Cooke ordered Roman to pay Lewis Tein $975,750 and Lehtinen $95,640.
The lawsuit claimed the lawyers helped former Miccosukee chairman Billy Cypress embezzle $26 million. It also claimed Lewis Tein billed the tribe for work never performed and Lehtinen's tax advice to a $170 million Internal Revenue Service lien against the tribe and its members for failing to report gambling profits.
Cooke dismissed the lawsuit in September 2013.
"The wrongful conduct is the filing of the complaints with no reasonable factual basis to support their allegations," she wrote.
Cooke's 27-page order referred Roman to the Florida Bar, where he already faces an ethics investigation, and the Southern District of Florida professional committee for possible disciplinary action.
The judge declined to refer the case to the U.S. attorney's office for criminal prosecution as requested. She also declined to sanction Roman's associates, Yesenia Lara and Yinet Pino.
In response, Lewis Tein attorney Paul Calli of Carlton Fields Jorden Burt in Miami accused Roman of filing a "cowardly series of drive-by-shooting-like lawsuits," including the federal "lawsuit devoid of any merit."
Roman did not respond to a request for comment by deadline.

24 comments:

Anonymous said...

Does this make angel cortinas Jaba, as they each met an early exit?

Anonymous said...

A remarkable result.

Who was the tribe's lawyer?

http://www.gunster.com/attorney/william-k-hill/

Anonymous said...

Do you have a copy of the order?

Anonymous said...

Judge Cooke dismissed the lawsuit prior to the parties taking a shred of discovery. What she did, ultimately, was sanction the Tribe for not substantiating their allegations, but she precluded them from doing so. Doesn't make a whole lot of sense.

Anonymous said...

I sat in the sanctions hearing. The tribe hired Gunster who tried the Tribe's case for them, in defense of sanctions. Gunster moved in all the evidence and discovery the tribe took in federal and state court. Voluminous. The tribe's lawyer testified about all his evidence. his entire case.

Amazing "anonymous commenters" still seek to substantiate their bias. Doesn't make a whole lot of sense.

Anonymous said...

@9:55 am

Its pathetic that there are still persons so blinded by bias that they would have an altered reality and still defend the frivolous lawsuits, dismissed in every forum. With all respect, that has to be Jay Weaver. For two years, he wrote about these false allegations hiding being false court pleadings and when the lawsuit was exposed for a sham, he ran nothing and wrote nothing, even though he sat in court in the sanctions hearings against the tribe lawyer. Weaver owes Lewis, Tein and Lehtinen a public apology.

Anonymous said...

10:23,

Are you really calling out "anonymous commenters" anonymously? Sounds like something Mike or Guy would do.

Do you know what discovery was taken?

Anonymous said...

I don't know anything about the specifics of this case but I find it amazing the amount of money the Miccosukee corporation has and how much they pay in attorney fees.

Anonymous said...

One million in sanctions, (second) referral to Bar, referral to District Grievance committee, invitation to DOJ to open a file.

Anyone still defends the tribe lawyer? Seriously? Lol.

Anonymous said...

In The Law, we call that order a good old fashioned ass-kicking.

Anonymous said...

Pacenti broke the story!

Anonymous said...

Everyone knew the case was bunk and it would end with sanctions. That said, Lewis and Tein were pretty slimmy in the wrongful death case before Judge Dresnick.

Anonymous said...

please post the entire order

Anonymous said...

Haters gonna hate. Check out THE CAP in comments on Rumpole's blog. He said it best. Lewis Tein for their clients prevented a blood sucking lawyer from obtaining 26 million judgment and stuck him with a 3 million loss. Slimy? Slimy was what the tribe lawyer and the other lawyers and people who cooperated with him did to pull the wool over Dresnick's eyes, which is what got this whole sham started. Dresnick looks silly now and I bet he would do it different.

Kissimmee Kid said...

This brings up the whole controversy between Davey Crockett and Andy Jackson. Davey thought Indians were people and should be civilians of the United States. Andy thought they were subhuman and should be driven out of the country.

The Indian Removal Act was passed by Congress on May 28, 1830, during the presidency of Andrew Jackson. The law authorized the president to negotiate with Indian tribes in the Southern United States for their removal to federal territory west of the Mississippi River in exchange for their ancestral homelands.

Crockett's opposition to Jackson's policies led to his defeat in the 1831 elections. He won again in 1833, then narrowly lost in 1835, prompting his angry departure to Texas (then the Mexican state of Tejas) shortly thereafter. “I told the people of my district that I would serve them as faithfully as I had done; but if not, they might go to hell, and I would go to Texas.”

Since the Seminoles never signed a peace treaty, I think it is time to roust them out. Time for them to pay taxes, knock off the casino bullshit and join the rest of us.

Anonymous said...

suck it Barnturdo

Anonymous said...

as you sow, so shall you REAP

Anonymous said...

Wait until the IRS LEVIES a billion on tribe due to Bernie Roman. That little shit will kill off that tribe.

Anonymous said...

Uh...they already did

Anonymous said...

hahahahahahahaha bernie

Anonymous said...

this S1 must be worry no?

Anonymous said...

to b's collaborators and "co-conspirators": I'm sure he'll pay your legal fees.

yeah right

Anonymous said...

Hello. This is pat Sullivan and mike Davis. We'd like to speak with you about you're employer . At this time, you are not a target. No, we can't immunize you as you are a subject. Your bar license and freedom are at stake. Will you voluntarily cooperate ?

Davie Crockett said...

I am sorry to say I do doubt the honesty of many men that are called good at home, that have given themselves up to serve a party. I am no man's man. I bark at no man's bid. I will never come and go, and fetch and carry, at the whistle of the great man in the white house, no matter who he is. And if this petty, un-patriotic scuffling for men, and forgetting principles, goes on, it will be the overthrow of this one happy nation, and the blood and toil of our ancestors will have been expended in vain.