That was Chief Judge Federico Moreno on how he reacted when he realized that Roberto Martinez was asking for an $11 million bonus, and not $1.1 million. Vanessa Blum has all the details here.
From the intro:
Then Chief U.S. District Judge Federico Moreno first read the final fee request for the Mutual Benefits fraud receivership, he thought lawyers were seeking $1.1 million, not $11 million. Then he realized there was no decimal point, the judge recounted Thursday at a hearing in Miami. “I needed a defibrillator,” he joked. “We’re talking about a lot of money.” It is up to Moreno to resolve a simmering dispute over how richly to compensate lawyers for five years of work on one of the largest scams in South Florida history. Roberto Martinez, the court-appointed receiver, is seeking the $11 million bonus to split between his law firm, Colson Hicks Eidson, and primary counsel Kozyak Tropin & Throckmorton. To date, the two Coral Gables firms have jointly collected about $4 million. Moreno did not say when he would rule on the request. Robert Levenson, regional trial counsel for the Securities and Exchange Commission, argued against any fee enhancement, saying it would reduce payments to bilked investors and award lawyers a windfall equivalent to more than $800 per hour.
Receivers should be viewed as public servants and be paid moderately in fairness to victims, he said. “The investors are only going to recover a fraction of their losses,” Levenson said. “These aren’t corporate, market-rate clients.”
Apprently the investors weren't happy either:
No investors spoke at the hearing. In an Oct. 15 letter to Moreno, one investor said he was “appalled” by the receiver’s request. “Please, let’s get these funds back where they belong — in the hands of the investors — and away from greedy hands,” wrote Ronald Meyers of Sanibel Island.
But there is a strong counter-argument:
But Michael Hanzman, of counsel with West Palm Beach-based Ackerman Link & Sartory, who represented defrauded investors in class action litigation, told Moreno the receivership lawyers “deserve a significant fee enhancement.” He did not specify an amount. “If you want to attract the best and the brightest people to take these cases, you have to pay a reasonable fee,” Hanzman said. “This is not a pro bono case.”
That might be overstating it a bit -- the lawyers made an average of $265/hour. The question is whether they should be paid about $800 hour (which is higher than their typical hourly rates) for what everyone agrees was excellent work or whether receivers should make less than their hourly rates because the goal is to return money to the victims.
What say you dear readers?
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
Showing posts with label Roberto Martinez. Show all posts
Showing posts with label Roberto Martinez. Show all posts
Friday, October 30, 2009
Thursday, March 15, 2007
"11th Circuit ruling in fraud probe a defeat for insurance companies."
And a victory for Roberto Martinez and Curt Miner, the receivers for Mutual Benefits Corp. So reports today's DBR:
"The insurers, including giants like Indianapolis-based American United Life Insurance, said in their lawsuits they should be able to cancel all policies that were sold by policyholders to Mutual Benefits because several of the policyholders lied on their appliactions. They cited four people who had lied about their HIV-positive status."
Judge Moreno said nope and was affirmed by the 11th.
"The insurers, including giants like Indianapolis-based American United Life Insurance, said in their lawsuits they should be able to cancel all policies that were sold by policyholders to Mutual Benefits because several of the policyholders lied on their appliactions. They cited four people who had lied about their HIV-positive status."
Judge Moreno said nope and was affirmed by the 11th.
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