Disbarred and Disgraced Lawyer Strikes Again

GEO Oct 26, 2010Former lawyer Janice L. Jessup, who practiced on Long Island New York has a dreadful discipline history which led to her resignation and disbarment in 2010. Rather than slinking away into oblivion she is again in the news for stealing $1.2 million dollars from an elderly, mentally and physically challenged client.

In 2008 she faced 13 charges of professional misconduct involving making false statements of fact and law; engaging in conduct involving dishonesty, fraud, deceit or misrepresentation; representing a client without adequate preparation; conduct adversely reflecting on her fitness as a lawyer; engaging in an impermissible conflict of interest; and conduct prejudicial to the administration of justice.

Unable to muster any kind of defence she opted to resign in 2010, an act that ensured she could not apply for reinstatement for at least seven years. Frankly, she got off lightly if her disbarment was the only punishment for her flagrant abuse of her clients’ trust. She apparently relocated to Charlotte, North Carolina and began using her husband’s surname, Jones.

It now appears the 2008 discipline charges were only the tip of the iceberg.

In 2007 she acted for Geraldine Savage, age 47, in respect of real estate inherited by Ms. Savage that was expropriated and used to build a community centre in Westbury. Lawyer Jessup convinced officials she had authorization to accept $1.2 million dollars in compensation on behalf of her client.

She craftily arranged for an imposter to pretend she was Geraldine Savage when government officials visited her home to confirm Ms. Jessup’s authority to act was legitimate and to investigate Savage’s health status. The real Geraldine Savage was resting comfortably in a residential facility, oblivious of the fraud being perpetrated.

In 2013 Ms. Savage’s relatives realized she had been duped by her lawyer. They later learned Ms. Jessup had spent all the money on herself, her family, and reimbursing other clients.

She was arrested in January 2015 for charges of first-degree grand larceny and first-degree scheme to defraud and entered a “not guilty” plea last month. The offences carry a maximum prison sentence of eight to 25 years. Her bail was set at a bond of $150,000 or $100,000 cash.

Is it just me or does it seem that cases of corrupt lawyers seem to be on the increase or is it that with the web and other social media we now hear about them much more than before?

“There is no fire like passion, there is no shark like hatred, there is no snare like folly, there is no torrent like greed.”
― Gautama Buddha

Lawdiva aka Georgialee Lang

Lawyers Convicted of Extortion in Collection of Their Legal Bill

_DSC4179 - Version 2As a lawyer/owner who has practiced law for 26 years, I learned a thing or two about how to run a law firm. While the practice of law qualifies as a profession, and for some a “calling”, it is also very much a business. The bottom line is that if you don’t get paid, you will not be in business very long.

That’s why most lawyers understand that it is usually necessary to get a retainer “up front”. Unlike a body shop who has your car and will not release it until they are paid, or a watch repair business who will hang on to your Rolex until they get your Visa card, lawyers sell “intellectual property”, an intangible asset that is in high demand.

However, researchers who study people who need a lawyer recognize that a person with a legal problem is most inclined to gratefully accept legal advice and willingly (perhaps not happyily) pay their lawyer when they feel the most pressure i.e. when they are overwhelmed with anxiety and stress and are desperate for someone to alleviate their legal or financial pain.

Many young lawyers, including myself, way back when, have learned hard lessons about collecting legal fees. Ironically, the worst clients to collect from are so-called “good friends”. While they swear they will pay you, they often do not and usually without any justification.

Recently two senior lawyers in Tennessee broke the cardinal rule about getting paid in advance, only to be accused of extortion when they attempted to collect $50,000 they said a client owed them.

Michelle Langlois hired lawyers Carrie Gasaway, wife of a longtime local Tennessee judge, and her partner Fletcher Long to be present at the reading of her father’s will, a legal service that would cost her $800.00.

After the reading of the will, Ms. Gasaway and Mr. Long advised Ms. Langlois to challenge the will, and asked her to sign a retainer agreement. They initially offered a contingency contract of 20% of the monies they recouped for her.

Ms. Langlois instead decided on a flat fee of $50,000 for all the legal services required. She provided the lawyers with a personal cheque for $50,000 but advised them they could not cash it until she sold some of the stocks she received from her inheritance.

Langlois later sold the stock and faxed a certified cheque for $50,000 to the lawyers with a plan to meet with them to give them the original cheque. But she cancelled the meeting and in short order, fired her lawyers who angrily demanded payment of their fee.

An email to Ms. Langlois from the lawyers read:

“While we really don’t feel like you are in much of a position to negotiate, we will accept $7,000 as a full settlement […] in the event the check is not good, you will only receive more criminal charges.”

Testimony at trial indicated that Gasaway and Long had taken funds from monies held in trust for another client to purchase real estate and needed Langlois to pay her bill so they could return the funds to their trust account.

In their zeal to collect their alleged fee, they made good on their threats to put her in jail and had her arrested for “theft of services”, a charge that was later dropped once the truth emerged about the lawyers’ collection methods.

Last week a jury found both lawyers guilty of extortion, a Class D felony with a sentencing range of two to 12 years with a maximum fine of $5,000.

Needless to say their legal careers are over. Attorney Long said he is considering changing his profession because it is “too stressful. He added:

“God has a plan for me, but it’s not to practice law… I think I have some marketable skills.”

Yesterday both attorneys had their licenses to practice law revoked pending a full discipline hearing. An inevitably unhappy ending for all concerned.

Lawdiva aka Georgialee Lang

Canadian Judge Faces Scrutiny by Federal Judicial Council

BarristerIt’s been a busy few years for Canada’s Judicial Council, the body that reviews complaints against federally appointed judges in Canada.

While all eyes and ears were focused on the lengthy and salacious Justice Lori Douglas Inquiry, which finally ended with the announcement of her voluntary retirement in November 2014, and the welcomed termination of the “dog and pony show” that the Inquiry became, other members of the Judicial Council have been anything but idle.

In 2012 Quebec’s Chief Justice brought forward a complaint to the Judicial Council with respect to Superior Court Justice Michel Girouard, a 2010 appointment to the Quebec bench. A separate Inquiry of another Quebec judge was commenced in 2014.

With far less media scrutiny than Lori Douglas endured, the allegations against Justice Girouard centre on informants who say the judge was a regular customer of a certain drug dealer in Val d’Or while he was a lawyer.

More startling yet are the allegations that he had gangsters install a marijuana grow operation in his basement and offered legal advice in exchange for cocaine, even when he became a judge!

Wiretap evidence played at the Inquiry revealed conversations between the judge and his alleged drug dealer where the pair discussed when he could pick up certain “videos” and whether there were any good “videos” available that week. Inquiry counsel, Marie Cossette, argued that “videos” was subterfuge for “cocaine”.

Perhaps even more damning is the existence of a surveillance video of the learned jurist recorded two weeks before his appointment to the bench, where he is seen purchasing cocaine at the back of a local video store, from the same drug dealer heard in the wiretaps.

The video, which has not yet been viewed by the Inquiry panel, is said to show a transaction between the judge and Yvon Lamontagne, the store owner, who sold drugs at the back of his store and is said to be a major player in the drug scene in Northern Quebec. The wiretaps and video were collected during a successful drug sting called “Crayfish”.

Judge Girouard denied all the allegations, explaining that Mr. Lamontagne was a client to whom he was giving advice on a tax matter. He said he often visited clients’ businesses to conduct meetings.

The issue before the Inquiry panel last week was the admissibility into evidence of the video. Lawyers for Judge Girouard argued the publication of photos of their client with drug dealers or pedophiles in the course of his law practice would be damaging to his reputation and hurtful to his family. They also suggested the surveillance was unlawful and a violation of his fundamental rights.

Ms. Cossette responded saying that Judge Girouard should have no expectation of privacy when he conducts a meeting in a store with the office door open and a clerk and customers just a few steps away.

While Judge Girouard’s lawyers complained that Ms. Cossette was reaching far beyond her role as independent counsel, a strategy reminiscent of the perpetual criticism of independent counsel(s) in the Lori Douglas Inquiry, Chief Justice of Manitoba, Richard Chartier, who is chairing the Inquiry panel, confirmed his view that Ms. Cossette’s conduct was “very honourable”.

It remains to be seen whether Judge Girouard’s alleged conduct will be similarly ascribed.

Lawdiva aka Georgialee Lang

Lawyer’s Arrest Mid-Trial a Set-up by Opposing Counsel

10950859361151CDPFlorida radio “shock-jocks”, “Bubba the Love Sponge” Clem and Todd “MJ” Schnitt were engaged in an ugly defamation lawsuit, a case that spun out for five years, culminating in a tough-fought court battle that ended with Bubba declaring himself the victor. But the conflict between the two radio DJ’s took a back seat to the drama that unfolded when MJ’s lawyer, C. Phillip Campbell Jr., was busted for drunk driving in the middle of the trial.

Lawyer Campbell apparently got under the skin of Bubba’s lawyers at Adams & Diaco, so much so they repeatedly brought motions before the trial judge to have him removed as MJ’s counsel, with zero success. But according to Mr. Campbell’s DUI lawyer and the prosecuting attorney, Adams & Diaco found another way to get back at their courtroom adversary.

After court Mr. Campbell walked from his office/apartment to Tampa’s Malio’s Prime Steakhouse two blocks away. An attractive paralegal in the employ of Adams & Diaco was in the restaurant and saw Campbell. She quickly contacted her bosses and asked if she “there was anything she should do?” Following instructions Melissa Personious began a flirtation with Mr. Campbell, lying about who she worked for, and buying him drinks. Campbell wasn’t driving and enjoyed a few drinks.

Shortly after Campbell and Personious connected, lawyer Adam Filthaut from Adams & Diaco called a police officer friend who sat outside the restaurant for three hours waiting for Campbell to leave. Unfortunately, Campbell ended up driving Ms. Personious home in her vehicle, but was stopped and charged with DUI within the first five blocks. He refused to take a breathalyzer.

Notably, at the time Adams & Diaco contacted the police Campbell was stone-cold sober and upon his arrest there was no evidence he was over the limit for alcohol consumption.

During the investigation it became apparent that Ms. Personious was in constant contact with her employers, sending and receiving over 200 text messages and phone calls.

Eventually the charges against Mr. Campbell were dropped, the prosecutors comments included words like “collaboration” and “organized effort”. They said the intense communication between the paralegal and Adams & Diaco was “jaw-dropping”.

Campbell’s lawyer, John Fitzgibbons said:

“It is now absolutely clear that Mr. Campbell was the victim of a devious setup, And all honest and ethical police officers and lawyers should be deeply troubled over what happened.”

Meanwhile, Bubba tweeted:

“This setup nonsense has nothing to do with me or the fact that a jury of my peers found in my favor vs Todd Schnitt. This was just another weak attempt from the losers to justify why they got their a– kicked in court by me/jay diaco.”

Thankfully Adams & Diaco’s “dirty tricks” were the subject of discipline proceedings. Last month Stephen Diaco was disbarred with a stipulation that he could not apply for re-entry into the Florida bar for five years, and would have to retake the bar exam.

Robert Adams and Adam Filthaut entered conditional consent guilty pleas that would impose upon each lawyer a 91-day suspension and requirement to attend ethics school.

The Florida Bar’s Creed of Professionalism includes the following:

“I will strictly adhere to the spirit as well as the letter of my profession’s code of ethics, to the extent that the law permits and will at all times be guided by a fundamental sense of honor, integrity, and fair play.”

Lawyers like these need to be ferreted out of the profession.

Lawdiva aka Georgialee Lang

Judicial Shaming of Convicted Judge Nixed by Court of Appeal

GEO#1As Elton John wrote: “Sorry seems to be the hardest word”, an adage that is certainly true for convicted Pennsylvania Supreme Court Justice Joan Orie Melvin, who was ordered to deliver a written apology to every judge in the State as part of her sentence for using state facilities and staff to run her judicial election campaign. The problem Ms. Melvin had with the order was that she was to write the apology on a photograph of herself in bracelets, also known as handcuffs.

Former Judge Orie Melvin and her two sisters were upwardly mobile stars in the Republican political firmament in Pennsylvania. Joan was initially appointed to the bench and thereafter ran several successful re-election campaigns. Joan’s sister Janine Orie worked with her, and sister Jane Orie was a Republican Senator for the State of Pennsylvania.

Unfortunately, both sisters were also charged and convicted of improper use of state services, facilities, and staff to advance Jane’s Senate campaign. Janine was also convicted in respect of Joan’s judicial campaign, while Jane was charged but acquitted.

It wasn’t bad enough that Judge Orie Melvin lost her judicial position and her pension, but she was also ordered to serve three-years of house arrest with electronic monitoring, followed by two-years probation and community service in a local soup kitchen three days a week, together with a substantial fine.

On appeal the requirement that the apology to her fellow judges be written on a photograph of her with handcuffs was eliminated, the court finding that its only purpose was to shame and humiliate her. Appeal Court Judge Christine Donohue wrote:

“The trial court’s use of the handcuffs as a prop is emblematic of the intent to humiliate Orie Melvin in the eyes of her former judicial colleagues.”

However, the first batch of letters she sent to over 600 Pennsylvania judges were not good enough according to sentencing Judge Lester Nauhaus. Her first letters included the phrase “As a matter of law I am guilty of these offences”. Judge Nauhaus was not impressed with her lack of humility and ordered a rewrite which he said he would vet before the letters were delivered. He also criticized Ms. Orie Melvin’s lawyer, Patrick Casey, for the feeble apology.

On her second attempt she wrote:

“As a former member of the Pennsylvania Judiciary, I realize that my conduct has impacted the public’s perception toward the judiciary and the difficulty it has imposed upon the discharge of your responsibilities as a judge…I accept responsibility for the crimes for which I have been convicted. I regret any harm my conduct has caused you.”

How sad that three accomplished women in the same family lacked the integrity to conduct themselves in accordance with the privilege of the offices they held.

Lawdiva aka Georgialee Lang

Canadian Couple Sue Georgia Sperm Bank for Misrepresentation

DSC00507 (2)An Ontario couple were over-the-moon with delight when their first child was born. Angela Collins and Margaret Elizabeth Hanson of Port Hope Ontario had purchased sperm from Xytex Corp. in Atlanta, who touted the sperm donor as an overachiever with a 160 IQ, working on his PhD in Neuroscience Engineering.

The couple received their donor’s photo which showed an attractive man, only later did they learn the photo had been photoshopped.

Seven years after the birth of their son, Xytex inadvertently released the name of the anonymous donor to Ms. Collins and Ms. Hanson. That was when they discovered their child’s father was schizophrenic ex-convict, James Christian Aggeles, a college drop-out who had fathered 20 other children through the services of Xytex.

The couple’s lawsuit reveals that if they had known the truth about the donor’s background and medical history they would have declined. Their lawyer, Nancy Hersh, said the couple love their child but want to ensure they have the funds to properly evaluate and care for him if he is diagnosed as schizophrenic. Ms. Hersh is representing 15 other mothers in the same situation as the Ontario couple.

Collins and Hanson say they have suffered emotional and financial damages and are suing for fraud, negligent misrepresentation, breach of warranty, and unfair business practices.

According to John Hopkins Medical School, research data shows that schizophrenia affects about 1% of Americans. If a parent has schizophrenia, there is a 10% chance their child will be similarly afflicted.

Canadian couples are forced to use offshore sperm banks as Canada has only one national sperm bank, Toronto’s Institute for Reproductive Medicine, and they have only 51 active donors. Two small clinics in Quebec have several donors but only operate locally.

It is reported that there is a need for donor sperm for more than 5,500 inseminations per year in Canada, 3,000 of those for lesbian couples.

Spokesperson, Wendy Kramer, for the American non-profit “Donor Sibling Registry” says there is little regulation or oversight in the sperm bank industry allowing donors to get away with saying whatever they want about their personal and medical histories.

With the number of women requiring donors, it surely is time for proper protocols to be legislated to protect vulnerable women, eager to have a child.

Lawdiva aka Georgialee Lang

There’s a Sucker Born Every Minute

GEO#1PT Barnum of circus fame is credited with saying “There’s a sucker born every minute”, and that’s just what hucksters and fraud artists count on.

Here’s the email I received today…

“I hope you get this email on time, I made a trip to (Philippines) and had my bag stolen from me with my passport and credit cards in it. Went to the embassy and they are willing to help me by issued me a temporary passport but i have to pay for a ticket and settle my hotel bills with the Manager here. Unfortunately for me, I can’t have access to funds without my credit card, i was wondering if you could loan me some few $ through western union money transfer easy for me to cash here and pay bills and get back home, I will definitely refund it back to you as soon as i get back safely.

let me know so I can forward you the details to wire it to me. Susan”

Oh, yes, I think I’ll contact Western Union right now!

I also recently received an email from a woman in Japan who wanted to retain me to assist her to collect a large sum of money from her ex-husband who happened to live in Vancouver. She asked me to begin by writing to her ex to determine if he would pay the sum he owed voluntarily or whether it would be necessary to commence a court action.

From the get-go it smelled like a scam, so in return I sent her an email advising her that in British Columbia we have “know your client” rules which require that she provide picture ID to show who she was.

Not a problem. Within a day I received a copy of a passport and an official ID card in her name with a photo of her. Her emails were all unfailing polite and to a less suspicious individual she appeared to be an ideal client as she informed me that upon my successful collection of the monies owed I would be paid my legal fees in a generous amount.

At this point her scam was no longer amusing to me and I ended the email conversation. She contacted me several times thereafter wondering why her Vancouver lawyer had not been in touch.

Had I carried on with her she would have excitedly told me that my letter had served its intended purpose and that I should expect to receive a large cheque from her ex and would I kindly deposit it to my trust account and send her my trust cheque for the monies, less my generous fee.

Had I complied, she would have received her money from my account and I would be left owing my bank a large sum of money once it became obvious that the deposited cheque was worthless. The financial consequences to me would pale in comparison to the humiliation of being so thoroughly scammed.

This scenario is just one of the hundreds of internet swindles floating through cyberspace.

Have you heard of the “grandma” scam where a young adult posing as your grandchild, obtains enough information from Facebook and other social sites to pepper her email solicitation with accurate family information. She is in trouble and needs money to either get out of jail or purchase an airline ticket to fly home to escape a dangerous situation.

The “Nigerian” scam is so old it is truly surprising that it still nets internet crooks millions of dollars a year. If you could only send money to this Nigerian diplomat, he could obtain millions of dollars that belong to his family and share it with you!

The FBI reports that between 2000 and 2009 internet fraud accounted for $1.7 billion in financial losses to unsuspecting consumers. The best way to avoid being the victim of internet fraud is to assume that every email overture concerning money involves a criminal looking for a victim. Don’t let it be you.

Lawdiva aka Georgialee Lang