Personal Injury Lawyer Jailed for 20 Years For Judicial Bribery and Fraud

BarristerIn an audacious criminal conspiracy Texas personal injury lawyer Marc Garrett Rosenthal was sentenced to 20 years in prison for paying Austin, Texas Judge Abel Limas to hand down court rulings favourable to his clients. He also “bought” witnesses, coaching them in their testimony; fabricated evidence; and manipulated the court system to ensure his cases were heard by his judicial co-conspirator.  This week his appeal of conviction was dismissed. Judge Limas, who was the prosecution’s star witness, had earlier been sentenced to a six-year jail term.

The Appeal Court’s Reasons set out Rosenthal’s misdeeds, several of which involved lawsuits brought by Rosenthal against Union Pacific Railway. In one instance, he acted for the estate of a man who was killed when a train struck his vehicle at a railway crossing.

Rosenthal and his legal assistant Gilbert Benavides persuaded Benavides’ cousin to make a false statement in an effort to force Union Pacific to settle the case. The cousin falsely swore that he was present at the accident scene and witnessed the train hitting the stopped vehicle without sounding its horn or warning of its approach. Attorney Rosenthal used the false testimony to induce the train corporation to pay his client a sum in excess of $1 million dollars. He also paid a kickback of $5,000 to his assistant’s cousin and $4,000 to another of Benavides’ relatives.

In another Union Pacific court action, Rosenthal represented a woman who was severely injured when she fell from the train while attempting to board illegally. The evidence revealed that Rosenthal directed his assistant to bribe the deputy sheriff present at the accident scene to testify that the train’s engineer invited the woman to board the train. The sheriff was also told to say that he overheard the train engineer say that the company “did not care if its train ran over wetbacks.”

In his effort to induce a settlement Rosenthal also advised Union Pacific that in the absence of a settlement he would erect billboards displaying Union Pacific’s alleged comments about illegal Mexican immigrants. Not surprisingly, Union Pacific settled for $575,000. The deputy sheriff was paid $4,000.

Rosenthal expanded his fraudulent scheme when he hooked up with former state legislator, Jim Solis, who began working as associate counsel in Rosenthal’s office. Solis was instructed by Rosenthal to connect with a court clerk to circumvent the regular assignment of judges to cases and obtain Judge Limas for two of Rosenthal’s pending cases. At the time Judge Limas was running for re-election. He received thousands of dollars in donations from Rosenthal and other partners in the firm.

Wiretap evidence at Rosenthal’s trial provided convincing evidence of conspiratorial ex parte conversations between the judge, Rosenthal, and Solis, and revealed payments to Judge Abel for his cooperation. He received a total of $235,000 in bribes during his eight years on the bench.

Rosenthal’s defence team suggested that Jim Solis was a rogue employee who acted without firm approval, a submission that received short shrift. Solis was sentenced to four years in prison.

Rosenthal was also placed on probation at the conclusion of his prison sentence and ordered to pay $13 million dollars in restitution.

Sadly, in the eyes of the public the greed of these men undermines all the good work that lawyers and public officials do in their communities across North America.

“For the love of money is a root of all kinds of evil.” 1 Timothy 6:10

Lawdiva aka Georgialee Lang

Mediator Attacked by Former Client

B9316548187Z-1.1_20150314202542_000_GFTA6A1QO.1-0Child custody cases are notoriously difficult for clients and lawyers alike. Emotions run high and regrettably, our adversarial justice system only serves to escalate the conflict and aggravate the parties, on account of the psychological roller coaster of litigation and the drain on their bank accounts.

That’s why mediation has become so popular, particularly in child custody matters, where highly trained negotiation specialists work with parents and others to facilitate consensus and agreement for the benefit of themselves and their children.

While attorneys who deal with custody matters are sensitive to emotional eruptions and aware of the high stakes involved in custody litigation, mediators are usually sheltered from the anger of parents, who may become disenchanted with the mediation process or the results of mediation. “Settlor’s remorse” is the term used for a client who enters into a final agreement but later believes he or she gave up too much or didn’t get enough.

Litigation lawyers become skilled at determining whether their client is capable of settling or whether a client falls into the category of those who need a judge to make a decision.

Recently a lawyer/mediator in Springvale, Maine became a crime victim at the hands of a mediation client who was unhappy with his mediation. The client, Christopher Hall, age 48,  made an appointment with the mediator via text message, identifying himself as “Sue”. Arrangements were made for the attorney to attend at “Sue’s home” to discuss her services.

The mediator pulled up to “Sue’s” home and noticed an elderly man with a cane standing on the sidewalk near her car. As she alighted from her vehicle the old man suddenly rushed her and attacked her with a cane that was equipped as a stun gun, inserting the cane between the lawyer’s legs, resulting in a sudden shock to her inner thigh.

What the old man didn’t expect is that his former mediator would fight back, knocking off his long wig.

“Sue” aka Christopher Hall fled the scene jumping into a van driven by an accomplice. Acting on a tip the police identified Mr. Hall as the perpetrator and arrested him later that evening.

Because Mr. Hall’s trap failed, the planned assault of the mediator was aborted.  A police spokesperson said they were  unsure of Mr. Hall’s  actual  intentions. Did he plan to kidnap the mediator or worse, murder her?

He was charged with aggravated assault and held on bail of $250,000. His criminal record revealed previous convictions for domestic assault and terrorizing.

A frightening experience that could have ended badly, but for the woman’s decision to fight back. Of course, the notion of meeting a potential client at his or her home is wrought with danger. House calls should be reserved for regular clients who are well-known and female lawyers and mediators would be wise to refrain from personal visits to male clients.

Lawdiva aka Georgialee Lang

Stevie Wonder: Nine Children and Counting

It’s a good thing that Stevland Hardaway Morris became musician, singer, songwriter, and record producer Stevie Wonder, as only a superstar like Stevie could afford to support nine children with four different mothers, marrying only one of them.

While Stevie’s professional life, from child prodigy to music icon, has been a series of successes, his personal life has been turbulent, culminating in this month’s court order that he pay his ex-wife $25,000 a month in child support for their two sons, Kailand and Mandla, who was reportedly named by Nelson Mandela. The parties will share joint custody and an order was made permitting Stevie to bring his kids on tour with him occasionally. Media outlets report that the former Mrs. Wonder, fashion designer Kai Millard Morris, received a financial settlement from Stevie in excess of $100 million.

His best known child is Aisha Morris who inspired his hit song “Isn’t She Lovely” and tours with her father today as a back-up singer. Her mother, Yolanda Simmons and Stevie’s relationship also produced a son, Keita Morris. Stevie has another son, Kwame, who is said to be another of Stevie and Yolanda’s children, but no one is exactly sure.

Girlfriend and vocalist Melody McCulley and Stevie had a child together in 1983 who they named Mumtaz Morris. He is also an aspiring musician. Another mystery child is Sophia Morris. Some say her mother is also Melody McCulley, but that has never been confirmed.

The mother of his two youngest children is girlfriend Tomeeka Robyn Bracy who gave birth to daughter Nia last year. Stevie and Tomeeka have another child who is GEO_edited-1under the radar, gender and name unknown. Ms. Bracy also has two children from a previous relationship, and tragically lost her 3-year-old son when he fell from an apartment window.

With 25 Grammy awards and so many other accolades, it appears Stevie has traded away his family life for fame and fortune. As Ralph Waldo Emerson mused:

“Money often costs too much.”

Lawdiva aka Georgialee Lang

Bill Cosby Loses Preliminary Legal Skirmish as Tattered Reputation Continues to Slide

GEO CASUALWhen you think of Bill Cosby today do you think of a family friendly comedian or a serial sexual abuser?  With his reputation tarnished it is his legal battles and the stripping of  his accolades and prestigious appointments by institutions that once honoured him that consumes media attention.

From the startling front cover of  New York magazine where photos of his 35 victims were pictured, to the removal of his honourary degrees from Marquette University and Fordham University, his tattered reputation is in free-fall. He was forced to resign from the Board of Trustees of Temple University and his ties to the University of Massachusetts, where he earned a Master’s and Doctoral degree, have been cut-off.

The United States Navy stripped him of his honourary designation as Chief Petty Officer and there has been significant pressure to remove his Star on the  Hollywood Walk of Stars, and force him to relinquish his Presidential Medal of Honour. His bronze bust at Disney World Orlando is no longer on display.

This week his lawyer’s application in Los Angeles Superior Court to dismiss alleged victim Judy Huth’s case on the basis of a technicality was denied by Judge Craig Karlan who determined that mistakes made by Ms. Huth’s previous counsel were not so serious that her claim should be thrown out.

Her former lawyer, Marc Strecker, admitted that he overlooked a section of the legal code that barred the naming of an alleged sexual offender in claims brought based on historical sexual abuse.

Mr. Cosby’s lawyer, Martin Stringer, argued that by identifying his client in the claim, he could not receive a fair trial and that the identification caused a tsunami of other complainants to come forward. Singer also attempted to persuade Judge Karlan that certain actions of Mr. Strecker were cause for dismissal of the claim, including allegations that Mr. Strecker attempted to extort $250,000 from Mr,. Cosby before the claim was filed, and attempted to sell Ms. Huth’s story to the National Enquirer ten years ago.

Mr. Cosby is scheduled to be deposed, an event that will likely see media outlets scrambling  for “leaks” and tips on his admissions during his under oath questioning.

Why Bill Cosby would put himself through the indignity of these civil cases is astounding considering his financial ability to make it all go away. I assume his many victims want their day in court, to be vindicated from Cosby’s  bold-faced denials, despite the corroboration of a phalanx of additional victims.

Lawdiva aka Georgialee Lang

Mother Jailed 8 Years for Child Abduction Now Released

B9316548187Z-1.1_20150314202542_000_GFTA6A1QO.1-0One of the most litigious child abduction cases may have finally come to a conclusion.

Victoria Innes was five-years-old when her mother, Marie Carrascosa kidnapped her, taking her from the United States to Spain, despite a court order that prohibited each of her battling parents from removing her from the United States without the consent of the other parent.

To buttress this order, and as a precaution, the Court also said that Victoria’s passport must be held by her mother’s lawyer and not released.

A series of unexpected events unfolded when Ms. Carrascosa changed lawyers. Her new lawyer, Madeline Marzano-Lesnevich, was unaware of the court order regarding Victoria’s passport. She released the passport to her client whereupon Ms. Carrascosa fled with Victoria to Spain, where her parents lived and where she was qualified as a lawyer.

Distraught father, Peter Innes, took immediate legal action to have Victoria returned to the State of New Jersey, obtaining an American court order for custody, however, the Spanish courts ignored the order.

Later Ms. Carrascosa returned to New Jersey without Victoria to continue the legal battle, apparently confident that the Spanish courts had jurisdiction and taking comfort in an order of the Spanish court that  barred Victoria from leaving Spain until she was 18-years-old.

But the New Jersey courts didn’t see it that way. Ms. Carrascosa was tried and sentenced in New Jersey to fourteen years in prison for contempt of court and interfering with child custody.

In the meantime, Mr. Innes launched a lawsuit against attorney Madeline Marzano-Lesnevich who was ordered to pay compensation of $950,000 to him for her negligence in releasing the passport to Ms. Carrascosa.

Typically a term of imprisonment tends to  eventually persuade an individual to comply with the law, but not in Ms. Carrascosa’s case. In her zeal to ensure her ex-husband would have no contact with Victoria she remained in prison year after year, depriving her daughter, not only of a father, but a mother as well. Victoria was in the care of her maternal grandmother in Spain.

Ms. Carrascosa’s continued defiance of the court orders and her lengthy incarceration became a legal problem for the State court who expected compliance sooner rather than later. At a hearing in 2007 appellate Judge Donald G. Collester said “She cannot be held forever. At some point in time, she will be out of jail. What are you going to do then?”

In 2014 Ms. Carrascosa received parole for the child abduction conviction but was immediately transferred to local  Bergen County jail for refusing to return Victoria to New Jersey.

It was the entreaties of her daughter to court and correctional authorities and the consent of her former husband, Mr. Innes that resulted in her final release in 2015.

Mr. Innes said:

“I know Victoria wants her mother back, and for that reason only, I support her release. I am confident that once our daughter gets to know her mother, she’ll begin to see the reality of this sad situation. It’s been 10 long years since my daughter was taken, and there’s only one thing I am sure of — no one wins in cases like this.”

No person should suffer the torment of child abduction and Peter Innes’ consent to his ex-wife’s release is proof that he understands that it should be all about what is in his daughter’s best interests, a concept that has eluded the self-centred Ms. Carrascosa.

Mr. Innes maintains a website “” and has not given up hope that one day he and his daughter will be reconciled.

Lawdiva aka Georgialee Lang

Quebec’s Former Lieutenant-Governor Sentenced to 18-Month Jail Term

BarristerPerhaps one of the most prestigious appointments in Canada is that of a provincial Lieutenant-Governor, appointments made by the Governor-General of Canada in consultation with Canada’s Prime Minister and the Premier of a particular province.

The Lieutenant-Governor performs various ceremonial duties on behalf of Queen Elizabeth, while elected politicians and those appointed carry out the daily operations of government. It is a non-partisan position although politicians have been appointed and Canada prides itself on the appointment of women and minorities.

Lise Thibault was Quebec’s 27th Lieutenant-Governor appointed in 1997 by Prime Minister Chretien. She attended teacher’s college and taught adult education for several years before she worked as a host and researcher for the CBC. Her appointment was widely heralded as she was the first woman and the first disabled person to be appointed to the post in Quebec. As a result of a tobogganing accident as a teenager she was confined to a wheelchair.

Serving for over ten years, her fall from grace occurred in 2007 when federal and provincial auditors determined she had spent $700,000 in unjustified expenses including:

-$45,000 for “gifts” without the names of recipients.
-$24,000 to transport her official van to the United States while she was on vacation, rather than renting a car there.
-$12,000 to the provincial air service for a one-day fishing trip in the Gaspe region.
-$44,000 in “tips” paid by her bodyguards during hotel stays and sporting activities.

Upon her appointment she promised to bring “values” to the position, but instead defrauded two levels of government by billing them for her golf lessons, fishing rods, roof repairs at her home, and even the legal fees for her divorce lawyer.

Her defence lawyer argued she enjoyed “sovereign immunity” against criminal charges as an agent of the Queen, an arrogant position considering she was a civil servant. However, the Court rejected her argument and Judge Carol St.-Cyr described her behaviour as “highly reprehensible” and part of a “culture of deceit”.

Ms. Thibault was also ordered to reimburse the government the sum of $300,000.

Tonight she sits in a Quebec prison, despite her lawyer’s plea that at age 76 her punishment is overly severe. She is expected to be released next week pending her appeal.

Having received three honorary doctorates during her tenure as Lieutenant-Governor, it is galling that she is nothing more than a greedy crook, who managed to obtain and abuse her coveted position, forgetting that her job was to serve the citizens of Quebec.

Lawdiva aka Georgialee Lang

A Man Who is His Own Lawyer Has a Fool For a Client

_DSC4851In 1814 British scholar and writer Henry Kett wrote “A man who is his own lawyer has a fool for a client”, a truism if there ever was one, and later adopted by the Supreme Court of the United States who wrote “the adage that a lawyer who represents himself has a fool for a client” is the product of years of experience by seasoned litigators. (Kay v. Ehrler, 499 US 432, 437 (1991)

A classic example of the danger of acting “pro se” or for one’s self is illustrated by Anthony Zappin, a 30-year-old New York lawyer who made the disastrous mistake of acting for himself in his own divorce.

Married to lawyer Claire Comfort in 2013, the couple separated shortly after their son was born. Zappin’s path to self-destruction began after he entered into a consent order dated November 2013 where he agreed to have no contact with his wife and supervised access to his son.

In April 2014 Superior Court Judge Anthony Epstein found that a motion filed by Mr. Zappin was “replete with intemperate and uncivil language…redundant, immaterial, impertinent, or scandalous”. Judge Epstein also criticized his counsel skills, a comment that Zappin, a junior lawyer, took great exception to.

In May 2014 Judge Epstein rendered a further decision throwing out Zappin’s application that he reconsider his prior ruling. By this time, Mr. Zappin’s bad behavior was escalating as evidenced by the handwritten note he attached to his reconsideration motion that read “You’re pathetic! (Judicial Complaint Forthcoming)

On March 3, 2015, Justice Deborah A. Kaplan rendered oral reasons in open court that apparently displeased attorney Zappin. When she concluded she asked Mr. Zappin if there were any other matters for her to consider. He answered:

MR. ZAPPIN: I just want to make it known on the record that I am tired of the lies coming from the court and tainting of the record, knowing full well this is going to go to the Appellate Division. And we’re gonna be in the Appellate Division tomorrow, getting a stay, and then we’ll go back down to D.C. on Friday, and we’re going to open up to Ms. Comfort’s domestic violence petition, and we’re gonna have a hearing down there in from of Judge Blant, because that’s who she lied to, saying that she filed the motion and we’ll have him make a finding of domestic violence. So that’s all I have to say.

THE COURT: Are you finished?

MR. ZAPPIN: Oh, I’m finished, your Honor.

Penning the disciplinary judgment in respect of Anthony Zappin, Justice Matthew F. Cooper wrote:

(Zappin’s) “contemptuous remarks directed towards Justice Kaplan — made to her face in her own courtroom in front of attorneys, litigants and court staff — were not restricted to the statements quoted above. Without reciting the other deeply personal, and frankly outrageous, verbal attacks that plaintiff launched against Justice Kaplan when he was before her on March 3, 2015, they can only be described as words not said in civil discourse, let alone ones that should ever be uttered by an attorney to a judge in the context of a court proceeding.”

But Justice Kaplan was just one of Mr. Zappin’s victims. He also targeted a lawyer ordered by the court to represent his son’s interests, regaling her with scathing comments. Later he established a domain site in her name and on this website wrote missives like:

“Harriet You’re a very sick and greedy woman. I pray for you and hope you seek help. Also, “I intend to keep the public apprised of your misconduct and disturbing behavior.”

The child’s lawyer retained a court ordered psychiatrist to provide expert testimony, a task that was met with Mr. Zappin’s pernicious complaint to the psychiatrist’s professional organization, and although quickly dismissed, caused considerable anxiety and harm to the innocent expert.

Most damaging, however, was Justice Cooper’s conclusion that Mr. Zappin’s “ill-advised behaviour seriously calls into question his fitness to practice law” and indicates a “personality that makes (him) incapable of properly parenting the parties’ child”.

Zappin was fined $10,000. The trial to resolve the issues takes place in November 2015. After all this, one can only hope Zappin finally hires a lawyer.

Lawdiva aka Georgialee Lang