Husband Sues Wife’s Divorce Lawyers for Fraud

GeorgiaLeeLang025Statistics suggest that 98% of family law cases settle out of court. For the unlucky few who can only obtain finality and closure with the aid of lawyers and judges, the journey is long, tortuous, and expensive.

Kenneth Felis of Vermont found himself engaged in divorce court proceedings that drained him emotionally and financially.

The parties had one child and a family estate worth between $12 to $15 million dollars, made up of cash, real estate and business interests.

HIs wife, Vicki, retained the law firm of Downs, Rachlin Martin to represent her in the court action. They, according to Mr. Felis, escalated the conflict by implementing a strategy that generated exorbitant legal fees and was intended to “harass and injure” him.

He sued the law firm for fraud and breach of fiduciary duty for “pursuing unreasonable legal positions, demanding extensive and unnecessary discovery, promoting and claiming outrageous asset valuations, raising claims without proper foundation . . . and billing excessive time.”

The firm had retained business valuators Gallagher, Flynn and Company on behalf of Ms. Felis, who were also named as defendants in Mr. Felis’ lawsuit.

Felis argued that at the outset of the multi-year litigation the “red fee-building flag went up” when Vicki Felis’ lawyers twice asked the court  and obtained  large distributions of cash to fund her lawyers and the business valuators.

Many jurisdictions permit family law litigants to request advances of cash or assets to enable them to pay for their litigation. It is only recently that British Columbia’s family law legislation was amended to permit these applications as well.

Mr. Felis was particularly incensed by his wife’s claim that he had “wastefully dissipated” millions of dollars from the family assets. To respond to the allegations, Felis’ lawyer was compelled to review and produce copious, detailed financial records and accounting documents, a process that required extensive time and generated additional legal fees.

The Court found Ms. Felis’ allegation of dissipation of funds to be without merit and dismissed her claim.

As for the business valuators, Mr. Felis argued that after years of discovery and production of all relevant documents, Gallagher, Flynn and Company “intentionally and wrongfully put up false expert testimony in an attempt to influence the court to improperly value [plaintiff’s] business assets and achieve an exorbitant and outrageous property distribution for Ms. Felis that was not grounded in the law.”

Mr. Felis also alleged that his wife’s lawyers submitted a false financial affidavit that incorrectly identified her debts, in an effort to gain increased child support.

By the time the divorce proceedings were finalized Ms. Felis’ lawyers’ bill was over $800,000 not including the business valuators’ bill of $248,000, all of which would be paid from the parties’  family assets, meaning that Mr. Felis was on the hook for one-half of over a million dollars in legal and valuation fees.

Regrettably for Mr. Felis, both the trial and appeal courts held that his wife’s lawyers owed no “duty” to him on which he could base a claim of breach of fiduciary duty. The law firm’s duty was to their client, not their client’s spouse. They also held that Felis had not alleged or  proven the requisite elements of fraud and thus, that claim failed as well.

The simple fact is that spouses may choose the lawyer they wish. Some divorce lawyers approach all their cases as a full-scale battle and unfortunately, unsophisticated clients tag along for the ride, while more discerning clients put a stop to strategies that only increase the conflict.

Mr. Felis’ complaints may have been legitimate  but there is no basis in law for the  courts to intervene.

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

Mother Fakes Child, Dupes Father, and Goes to Jail

GEO CASUALJohnna Loreen Vandemore of Iowa has nothing to be proud of. A woman so greedy she faked the birth of a child and inveigled her former lover to believe he was the father.

Only there was no child.

Ms. Vandemore created the fraud by telling her 2007 fling that as a result of their brief relationship he was the father of her baby. She provided him with a forged birth certificate from a non-existent hospital, and a photo of the child, using a picture of her cousin’s baby.

The alleged father, who lived in Minnesota, stepped up to the plate and began paying Ms. Vandemore $1,000 per month, sending extra cash for holidays and the child’s birthday.

As the money rolled in Ms. Vandemore’s husband queried her about her finances. She lied to him telling him it was profit from selling nutritional products online.

Vandemore’s scam was successful for six years. She received over 90 payments totalling $100,000. This week she was sentenced to 18 months in prison and ordered to reimburse her duped victim the payments he had made.

Vandemore’s defence lawyer, Donovan Robinson, is as disingenuous as she, telling the court that Vandemore initially believed she was pregnant, and that her victim bore some responsibility, after all, if he had requested to see the child he would have discovered he was being swindled. Of course, Mr. Robinson assured the court he was not victim-blaming, saying:

“These things are not intended to foist responsibility on the victim, but, to show the ease with which a house of cards could have been toppled.”

Vandemore and Robinson are a matched pair. I’ve heard that clients hire lawyers that reflect their values. You don’t say?

Lawdiva aka Georgialee Lang

Law Firm Caught Up in Bogus Sunken Treasure Find

DSC00275_1Jay Miscovich was a bright man, with a medical degree in his pocket, but he preferred the world of business and real estate investments until, down-on-his-luck, he turned his talents to finding sunken treasure off the coast of Florida.

He told a story about running into an old friend in a bar in Key West, who showed him some salvage fragments which appeared to be from a Spanish galleon. He purchased a map from his friend for $500.00, where X marked the spot of a possible treasure trove of sunken artifacts and perhaps more.

He and a buddy, later a partner in the company they incorporated, began diving in the location marked on the map and lo and behold, they discovered over 80 pounds of emeralds on the ocean floor. But under Florida law they needed the admiralty court to confirm their find and legally recognize their ownership.

It was not to be as straight-forward as they hoped.

A well-established treasure salvage company, Motivation Inc., who in the 1980’s staked claims to two Spanish galleons that sunk in 1622 and rescued over $400 million dollars in booty, including gold and silver, challenged Mr. Miscovich’s claim, saying the area where the emeralds were found, was part of their salvage operations, 30 miles off the Key West coast.

Miscovich needed a lawyer and hired the well-respected firm of Young Conaway in Delaware. Young Conaway partner, Bruce Silverstein, ran the case and became an investor in the project as well. Silverstein engaged counsel in Florida to represent Miscovich in admiralty court. Young Conway’s legal fees would be paid from a percentage of the treasure, after sufficient monies were raised from investors to conduct the salvage operation.

Under the intense scrutiny of Motivation Inc., Jay Miscovich’s tale of treasure began to fall apart. Lab tests revealed that the emeralds were coated with a 20th century epoxy. But it was to get worse.

In later court proceedings a Florida jeweller testified that Mr. Miscovich purchased $50,000 worth of low-quality emeralds from him several months before the “find”.

Jay Miscovich committed suicide once the fraud began to unravel.

An investor’s group filed a $10 million dollar lawsuit against Silverstein and his firm, alleging that the goal of the enterprise was to extract money from investors and lenders, and conceal and perpetuate the fraud.

They also claimed that Miscovich fraudulently pumped up the value of the emeralds by causing Young Conaway to file false documents. Finally, they said Young Conaway’s litigation tactics were intended to “thwart and intimidate” the opposition by imposing “enormous litigation and investigation costs”.

Motivation Inc. had earlier brought a lawsuit against Young Conaway for fraud and bar sanctions against Bruce Silverstein, alleging that Silverstein aided and abetted Miscovich’s fraud, while deliberately delaying the legal proceedings by filing frivolous applications designed to overwhelm Motivation a paper war.

This week a Florida court threw out Motivation’s fraud claims against Young Conaway, but agreed that Bruce Silverstein must face a sanctions hearing, not a trifling matter in the practice of law.

In the meantime, the investor’s claims are still alive, pending an upcoming trial.

As for attorney Silverstein, it is reported that he has an impeccable reputation with both the bar and the bench, and is highly offended by the allegations that he knowingly participated in the fraud. Young Conaway’s view is that they are innocent victims of their client’s treasure hunt scam.

Lawdiva aka Georgialee Lang

Why is No One Talking About Elder Abuse?

GEO Oct 26, 2010Did you know that in thirty-five years one in four Canadians will be over the age of 65? Today our senior population is well over 5 million and expected to reach 10 million by 2036.

We do know that as we age we become more vulnerable as our physical and mental health declines. You don’t have to be 65 or older to experience the signs and symptoms of fading youth and to realize that no magic elixirs exist despite the hype of the cosmetics and plastic surgery industries.

A recent news story about pop radio icon Casey Kasem reveals the insidious nature of elder abuse and the difficulty of preventing it or proving it. In Mr. Kasem’s last years he suffered from Parkinson’s disease which became increasingly more debilitating. His three children from his first marriage became concerned when Mr. Kasem’s wife, Jean, refused them access to their father for over three months. The children applied for conservatorship or committeeship, as it is called in Canada, but their application was refused as the Court found no evidence of elder abuse.

It is startling to hear that a California court did not understand that the very fact Mr. Kasem was kept isolated and away from his children and friends, was a sign of elder abuse. Unfortunately for Mr. Kasem his situation grew worse when his wife removed him from hospital in California, against his doctors’ orders, and moved him first to Las Vegas and then to her friend’s home in Seattle. The ambulance driver who transported Mr. Kasem to a private home, rather than a hospital, reported the incident to authorities.

On June 1, 2014 his eldest daughter was awarded conservatorship and she and her siblings were by his side when he died on June 15. Even after death, the abuse continued, as his wife ordered an autopsy and later sent his body to Norway for burial.

While Mr. Kasem’s case was extreme and public, many seniors suffer in silence as they are mistreated, over-medicated, ignored, deprived of food and water, physically, emotionally, and sexually abused or victims of fraud, theft or worse.

According to Canada’s Ministry of Justice website,, while cases of assault, criminal negligence, and fraud have been levelled against perpetrators of elder abuse, the term “elder abuse” has not appeared in a court judgment and is not a term found in Canada’s Criminal Code.

Like child abuse and domestic violence, crimes that were hidden in the shadows for decades, it is time for all Canadians to address the shameful secrets of elder abuse and to be attentive to seniors around them who may be unable to help themselves. It is also time for the Criminal Code to include specific provisions with regards to elder abuse so that Canadians know that suffering seniors deserve respect and liberty to live out their golden years with their civil rights intact.

If you suspect elder abuse, please report it to social services.

Lawdiva aka Georgialee Lang

Divorce Fraud Leads to 17 years in Prison

GEO#1California businessman Steven Zinnel, age 50, thought he could get away with cheating his wife, his two teenage children, and the bankruptcy court, but he was wrong….boy was he wrong!

Zinnel and his wife, of Gold River, separated in 1999. By 2001 their uncoupling got even more ugly when he told his wife she would get nothing, no assets or support because he was filing for bankruptcy.

Zinnel systematically funnelled millions of dollars into the names of other persons and true to his word, filed for voluntary bankruptcy in 2005. He also laundered money through shell corporations in order to conceal his true income.

Shockingly, he did all this with the assistance of lawyer, Derian Eidson, age 50, who used her trust account, her personal account and a corporation she owned to return the funds to Zinnel after his discharge from bankruptcy.

But he didn’t stop there…Zinnel went on to initiate an FBI investigation of his ex-wife, displaying a hatred that knew no bounds and that eventually led to his own demise.

In the course of the investigation, authorities uncovered Mr. Zinnel’s bankruptcy and divorce fraud. Before U.S. District Court Judge Troy Nunley he was sentenced to 17 years and eight months in prison, fined $500,000, and ordered to disgorge the sum of $2.8 million to the state.

Judge Nunley in bankruptcy court and the 3rd District Court of Appeal in respect of his divorce matter condemned Zinnel for his narcissistic arrogance, and found that while he was articulate and charismatic he used those traits for his own selfish purposes.

Yorba Linda lawyer Ms. Eidson, was disbarred and sentenced to 10 years and one month in prison for money laundering. She was also fined $200,000. Her undoing began when she commenced an intimate relationship with Zinnel and became a victim of her own greed.

As for Mr. Zinnel, his phone call to his son when first imprisoned shows that he still doesn’t get it…he told his son that he was “railroaded” and blamed his ex- wife!

Lawdiva aka Georgialee Lang


_DSC4179 - Version 2Alan Eagleson graduated from the University of Toronto’s Law School and was a prominent Toronto lawyer and Member of Parliament in Ontario before he began his lengthy career as agent, promoter and hockey guru extraordinaire.

His accomplishments in the world of hockey were pivotal to the growth and stature of professional hockey and its players. It was Eagleson’s impetus to form a union for players that birthed the National Hockey League Player’s Association in 1967.

He became the NHLPA’s first executive director and held that position for 25 years. By 1979, Eagleson was providing financial services to some of hockey’s biggest stars, encouraging them to invest wisely in order to retire financially secure.

It was Eagleson’s foray into internatonal hockey, notably the 1972 match between Russia and Canada, that cemented his now international reputation. His esteem, in his clients’ eyes, was multiplied when he took on one of the off-ice hockey officials in the 1972 game insisting that the referees had missed a Canadian goal.

As matters escalated, soldiers of Russia’s Red Army began to converge around Mr. Eagleson. Canadian fans jumped from the bleachers to intervene on Eagleson’s behalf. After this confrontation he turned on his heels and “fingered” the Soviet hockey fans as he walked back to the bench.

As Eagleson’s power base grew, suspicions arose as to the inner workings of the NHLPA and several American sports journalists began investigating Eagleson and the NHLPA in 1989/1990. By this time, Eagleson was a living legend in Canada and vague allegations of mismanagement were ignored by Canadian journalists, many of whom owed favors to Eagleson. This year also saw Eagleson obtain the Order of Canada and admission into the Hockey Hall of Fame.

The beginning of Eagelson’s demise occurred when evidence revealed that he had been playing around with player’s pension funds such that when Bobby Orr retired he was almost bankrupt, with significant unexpected tax liabilities.

Even more egregious was Eagelson’s skimming of funds from international games, money that was used to provide a lavish lifestyle for Eagleson. The players were told that their salary from international play would be deposited to their pension accounts. Instead, Eagelson embezzled the money for his own use.

Eagleson also defrauded injured players who sought to rely on their insurance funds when their playing days were over. He charged extraordinary fees alleging that it was only through his negotiation with insurers that the players received their settlements. None of it was true.

Eventually in 1993 Canada’s Globe and Mail newspaper ran with the story and began their own inquiries. In 1994 Eagleson was indicted in the United States for racketeering, obstruction of justice, embezzlement and fraud.

It was only after one of Eagleson’s clients wrote a book outlining his criminal conduct that the Royal Canadian Mounted Police began their own investigation and in 1996 Eagleson was charged with eight counts of fraud and theft.

Eagleson managed to avoid extradition to face the US charges for three years, using his considerable clout with Canadian authorities. He later plead guilty to three counts of mail fraud in a Boston court and was fined $700,000.00

Eagleson was charged with eight counts of fraud and embezzlement by the RCMP and was sentenced to 18 months in prison. His disbarment followed, together with the withdrawal of his Order of Canada and his removal from the Hockey Hall of Fame.

To the surprise of many Americans, Eagleson was pardoned in Canada in 2005. Canadian pardons are a dime a dozen, since the central criteria is to “keep your nose clean” for five years.

Just another tale of greed that ruined Eagleson’s reputation and his life. The question is: Why do the most successful fall prey to this avarice?

“Greed is a fat demon with a small mouth and whatever you feed it, it is never enough.”
Janwilliam van de Wetering, Dutch writer

Lawdiva aka Georgialee Lang