Fla. SUPREME COURT DISCIPLINES 28 ATTORNEYS

2009-05-06 00:58:00

The Florida Bar, the state’s guardian for the integrity of the legal profession, announces that the Florida Supreme Court in recent court orders disciplined 28 attorneys, disbarring 10, suspending 16 and placing two on probation. Some attorneys
received more than one form of discipline. Two attorneys were reprimanded. Two
were ordered to pay restitution.

As an official agency of the Florida Supreme
Court, The Florida Bar and its Department of Lawyer Regulation are charged with
administering a statewide disciplinary system to enforce Supreme Court rules of
professional conduct for the 86,000-plus lawyers admitted to practice law in
Florida. Since Aug. 1, 2007, case files have been posted to attorneys’
individual Florida Bar profiles and may be reviewed at and/or downloaded from
The Florida Bar’s Web site, www.floridabar.org.

(Bloggers Note: This is a great service, all about truth & TRANSPARENCY in government and the JustUS system. Why cant every state have one? Just try getting any info on attorney dicipline in New York. That stuff is treated like priority top secret here!)

The following lawyers
are disciplined (Please note that court orders are not final until time expires
to file a rehearing motion and, if filed, determined. The filing of such a
motion does not alter the effective date of the discipline):

James Harutun
Batmasian, 215 N. Federal Highway, Suite 1, Boca Raton, suspended for three
years, effective retroactive to Aug. 30, 2008, following a March 5 court order.
(Admitted to practice: 1974) In April 2008, Batmasian pleaded guilty in federal
court, to one count of willful failure to collect or pay over tax, a felony. He
was sentenced to eight months imprisonment, followed by two years of supervised
release and penalties of $30,000. (Case No. SC08-1445)

Daniel Antonio Benito,
2423 SW 147th Ave., No. 362, Miami, suspended until further order, following a
March 3 court order. (Admitted to practice: 1997) According to an emergency
suspension order, Benito appeared to be causing great public harm by
misappropriating and/or diverting client funds entrusted to him. In one
instance, a client sent $80,000 to Benito to be held in trust for the purpose of
funding a marital settlement agreement. When the settlement did not materialize,
the client demanded the return of the funds and Benito refused, claiming he was
entitled to them for attorney’s fees. (Case No. SC09-372)

Roger Besu, 233
Palm Ave., Miami Beach, suspended until further order, following a Feb. 5 court
order. (Admitted to practice: 1974) According to an emergency suspension order,
Besu appeared to be causing great public harm by misappropriating and/or
diverting client funds entrusted to him. In October 2008, a client filed a
complaint with The Florida Bar, alleging that Besu was holding more than $3.5
million of his money in escrow and he had not been able to reach Besu by
telephone or at his office. Besu did not respond to a Bar subpoena. An audit
revealed nearly $2 million was missing from a trust account that he
controlled.(Case No. SC09-187)

A. Clark Cone, 8607 Wendy Lane E., West
Palm Beach, suspended until further order, following a March 19 court order.
(Admitted to practice: 1981) According to an emergency suspension order, Cone
appeared to be causing great public harm. The Florida Bar’s investigation found
that in several instances, Cone misappropriated client funds. After settling a
personal injury case, Cone asked a client to endorse her $38,940.38 settlement
check. Cone then deposited the money into his trust account and converted it to
his use. (Case No. SC09-474)

Katherine Denise Crase, 2804 W. Aquilla St.,
Tampa, suspended effective 30 days from a Feb. 25 court order. (Admitted to
practice: 1991) In July 2008, Crase was found guilty of seven felony counts of
conspiracy and mail fraud. She was sentenced to 30 months in prison. (Case No.
SC09-339)

Joseph R. De Lucca, 5089 Greenwich Preserve Ct., Boynton Beach,
suspended until further order, following a March 11 court order. (Admitted to
practice: 1971) According to an emergency suspension order, De Lucca appeared to
be causing great public harm by misappropriating client trust funds or property.
A Florida Bar audit found that De Lucca had a negative balance of $35,572.91 in
his trust account, after using client funds for his own purposes. (Case No.
SC09-430)

Susan Lynn Eberle, 4437 Koger St., Orlando, suspended for 91 days,
effective 30 days from a March 24 court order. (Admitted to practice: 1985)
Eberle is being held in contempt of court for noncompliance with Florida Supreme
Court orders. In March 2006, Eberle was suspended for 30 days and placed on
probation for two years. She violated the terms of that probation and in August
2007, Eberle was given an additional two years probation to run consecutively
after the first. (Case No. SC08-2405)

Nadege Elliott, P.O. Box 121711, Fort
Lauderdale, disbarred, retroactive to Dec. 15, 2008, following a Jan. 30 court
order. (Admitted to practice: 1998) In three separate cases, Elliott provided
incompetent representation, charged excessive fees and mishandled his trust
accounts. (Case No. SC07-2)

Delaila Jannette Estefano, 9200 S. Dadeland
Blvd., Suite 204, Miami, suspended until further order, following a March 9
court order. (Admitted to practice: 1999) According to an emergency suspension
order, Estefano appeared to be causing great public harm. A criminal case
pending in the Miami-Dade County Circuit Court alleges that Estefano, working
with two others, engaged in a systematic, ongoing course of conduct with intent
to defraud and/or obtain property from a mortgage lender by false pretenses. An
investigation by the Miami-Dade Police Department revealed the use of Estafano’s
law firm escrow account in the alleged fraudulent activities. (Case No.
SC09-384)

Stephen Jay Goldstein, 13899 Biscayne Blvd., Suite 307, North Miami
Beach, disbarred effective April 10, following a March 11 court order. (Admitted
to practice: 1972) Goldstein wrote checks from his trust and operating accounts
in the amounts of $22,290.00, $527.83, $50,000 and $43,725. All were returned
for insufficient funds. (Case No. SC09-329)

Christina Gomez, 4440 S.W. Archer
Road, Apt. No. 726, Gainesville, disbarred effective retroactive to Sept. 8,
2008, following an April 2 court order. (Admitted to practice: 1992) Gomez
participated in at least three fraudulent financial transactions, one of which
resulted in her receiving approximately $835,000. Because she failed to provide
all the required subpoenaed records, The Florida Bar has so far been unable to
conduct a complete audit to determine the magnitude of fraud and
misappropriation that may have occurred. (Case No. SC08-2139)

Rafael
Gonzalez, 6309 Wild Orchid Drive, Lithia, suspended for three years, effective
30 days from an Oct. 2, 2008 court order. (Admitted to practice: 1991) Gonzalez
was initially suspended for 14 days in September 2007 and violated the terms of
the court’s order by practicing law. (Case Nos. SC07-2314 and SC08-434)

Webb
Greenfelder, P.O. Box 353, San Antonio, suspended for 91 days, effective
immediately, following a March 5 court order. (Admitted to practice: 1998)
Greenfelder was arrested when police investigated a domestic violence incident
at his home. Charges were later dropped. Greenfelder has been ineligible to
practice law since October 2005 as a result of not paying his Florida Bar dues.
He is also delinquent with his continuing legal education requirements. (Case
No. SC08-1497)

Gloretta Hankins Hall, 221 S.E. Osceola St., Stuart, to
receive a public reprimand, following a March 5 court order. (Admitted to
practice: 1991) In May 2006, Hall was the supervising lawyer on a malpractice
case and her associate was assigned to manage the case. Hall failed to monitor
the associate’s activities in the case and hired her sister to act as an expert
witness, because the associate had not hired a nurse expert. At a later date,
Hall learned that her sister provided testimony at the deposition that was not
truthful regarding their familial relationship. (Case No. SC08-1730)

Joseph
I. Harrison, 800 S. Douglas Road, Suite 450, Coral Gables, disbarred for five
years, effective 30 days from a March 20 court order. (Admitted to practice:
2006) Harrison was further ordered to pay restitution totaling $90,800 to two
clients. In at least three separate cases, Harrison charged excessive fees but
provided no significant legal services. He deposited funds in his operating
account instead of a trust account as required and knowingly made false
statements to a third party. (Case Nos. SC08-76, SC08-575 and SC08-804)

David
Robert Heil, 2324 Lee Road, Winter Park, suspended for 10 days, effective 30
days from an April 2 court order. (Admitted to practice: 1984) In December,
2002, Heil was hired to represent a client in a personal injury case. In October
2007, without giving prior notice to the client, Heil filed a notice of
voluntary dismissal and subsequently, the statute of limitations ran out on the
case. (Case No. SC08-1748)

George Nicholas Konstantakis, 44 Cocoanut Row,
Suite M210, Palm Beach, disbarred for five years, effective 30 days from a March
5 court order. (Admitted to practice: 1987) He was further ordered to pay
restitution of $26,680 to a client’s living revocable trust. In 2004,
Konstantakis agreed to represent a client in civil proceedings. Thereafter, he
failed to attend the hearings, show up for trial and communicate with the
client. The client was unaware of the final judgment until she was served with
an order of contempt in December 2006 for failure to provide financial
information. (Case Nos. SC08-917 and SC08-1550)

Mark Lawrence, 801 Brickell
Ave., Suite 900, Miami, disbarred effective 30 days from the date of a March 5
court order. (Admitted to practice: 1988) Lawrence admitted to failing to
preserve and apply trust funds as required by Florida Bar rules; issuing checks
from his trust account to pay his child support obligations; and engaging in
dishonest conduct. (Case No. SC09-310)

Jeffrey Merrill Leukel, P.O. Box 8004,
Sanford, suspended for 90 days, effective retroactive to Oct. 20, 2008,
following an April 1 court order. (Admitted to practice: 1986) Leukel was
further placed on probation for three years and ordered to enter into a contract
with Florida Lawyer’s Assistance. In September 2008, Leukel pleaded no contest
to driving while his license was permanently revoked, a third-degree felony.
(Case No. SC08-1957)

Jerona Charmaine Maiyo, 6996 Piazza Grande Ave., Suite
309, Orlando, disbarred effective immediately, following a March 26 court order.
(Admitted to practice: 2001) Maiyo failed to perform her duties as a lawyer. She
accepted retainer fees from clients and did not perform work. In some instances,
Maiyo abandoned the cases without giving notice. She did not inform The Florida
Bar of her correct address, so at one point, all correspondence mailed to her
was returned as being unclaimed and not forwardable. In December 2007, Maiyo was
suspended for failure to complete her continuing legal education requirements.
(Case No. SC08-1747)

Andrew William Menyhart, P.O. Box 541739, Merritt
Island, suspended until further order, following a March 19 court order.
(Admitted to practice: 1992) According to an emergency suspension order,
Menyhart appeared to be causing great public harm by misappropriating funds from
his trust account. In one matter, a $19,000 check written on Menyhart’s trust
account was returned due to insufficient funds. On another occasion, Menyhart
wrote a check to a client as partial payment of a settlement. That check was
also returned. An audit by The Florida Bar found that Menyhart altered bank
statements to show that he was still holding funds for a $100,000 estate, when
in fact, he was not. (Case No. SC09-475)

Gary Michael Murphree, 142 Beacon
Blvd., #A, Miami, suspended for one year, effective retroactive to Sept. 15,
2008, following an April 2 court order and placed on probation for three years,
effective immediately. (Admitted to practice: 1994) In May 2008, Murphree was
found guilty in circuit court of possessing cocaine and drug paraphernalia with
intent to use. Murphree failed to notify The Florida Bar, as required, of the
charges. (Case No. SC08-1534)

Gregory F. Pillon, 730 NW 40th Ave., Miami,
disbarred effective retroactive to Sept. 12, 2007, following an April 2 court
order. (Admitted to practice: 2004) In May 2007, Pillon pleaded no contest to
obtaining a mortgage by false representation, a felony. The plea agreement
provided that Pillon would surrender his license to practice law. (Case No.
SC07-1681)

David Philip Ryan, III, 250 Catalonia Ave., Suite 804, Coral
Gables, suspended until further order, following a March 3 court order.
(Admitted to practice: 1997) According to an emergency suspension order, Ryan
appeared to be causing great public harm by misappropriating and/or diverting
funds entrusted to him. A Florida Bar audit revealed that Ryan used client funds
to satisfy personal matters. (Case No. SC09-338)

Richard Brian Simring, 5400
LaGorce Drive, Miami Beach, disbarred effective retroactive to Sept. 9, 2008,
following an April 2 court order. (Admitted to practice: 1991) In July 2008,
Simring pleaded guilty to one count of conspiracy to commit mail fraud and money
laundering, a felony. (Case No. SC08-1672)

Fred Rowan Tokarsky, 11156 Cypress
Trail Drive, Orlando, suspended for three years, effective immediately,
following a March 5 court order. (Admitted to practice: 1997) In August 2008,
Tokarsky was found guilty in federal court of three felonies: devising a scheme
to defraud through mail fraud, conspiracy to commit mail and wire fraud, and
theft of government funds. (Case No. SC08-2100)

Kendrick Gerard Whittle, 3646
N.W. 98th St., Miami, disbarred effective retroactive to Oct. 23, 2007,
following a Feb. 24 court order. (Admitted to practice: 1999) In several
instances, Whittle misappropriated client funds. He used approximately
$297,781.73 to pay clients as well as personal bills including rent, utilities
and credit cards. (Case No. SC07-2394)

James Dean Wood, 870 115th Ave.,
Treasure Island, to receive a public reprimand, following a March 5 court order.
(Admitted to practice: 1994) Wood received $25,000 to handle a case. He
initially traveled from Pinellas County to Miami to meet with the client. After
that, there is no evidence that Wood researched the case or communicated with
the client. (Case No. SC08-1767)



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