
Forget Tom Scott, if I were Judge Gold I would appoint the intrepid Julie Kay to figure out what the hail is happening here:
“I don’t know why it has risen to this level,” said Concepcion, lead counsel for the Elliotts. “This is one of those unfortunate cases where the animosity has spilled over to the attorneys.”(BTW, that's Hilda Piloto pictured above.)
He tried to withdraw as counsel for lack of payment, but Gold refused to let him drop out.
Concepcion, who is facing a contempt hearing Sept. 18, is accused of lying to Gold by saying in open court that the Elliotts did not have any U.S. bank accounts. It later turned out they did and paid Concepcion from one.
In his declaration filed Wednesday opposing the plaintiffs’ motion for contempt and sanctions, Concepcion maintained he did not know his law firm received wire transfers from the Elliotts out of a Miami bank. Elliott testified that all his U.S. bank accounts had been closed.
“Neither I nor attorneys at CSM typically know the source of a wire transfer,” Concepcion said in an interview.
Concepcion’s co-counsel also filed declarations explaining why they should not be held in contempt or sanctioned.
Plaintiff attorneys in the case are also on the defensive. In documents filed last week, Concepcion asked for the disqualification of both Diaz and Piloto. He accuses Diaz of conspiring with Piloto, whom he terms Diaz’s girlfriend and the mother of his child, to file a separate lawsuit without disclosing their personal connection.
The purpose of a suit filed by a different attorney was to conceal the fact that Diaz was representing both sets of investors, according to the disqualification motion. Because one set of investors included EMI sales agents, Concepcion argues it was a conflict of interest for Diaz to represent both sets, which have been dubbed “the innocent investors” and the “impact investors,” who are sales agents including James Catledge.
“Diaz used Piloto as a front to avoid the appearance of impropriety arising from a conflict of interest between his then-clients, the innocent investors, and Catledge and his impact agent investors,” the motion states.
The agents have been sued separately throughout the country for participating in the alleged Ponzi scheme, according to the lawsuit. Concepcion’s motion claims Catledge conspired with Diaz to exploit a group of investors to take over their lawsuit, seize control of the Elliotts’ real estate and keep the agents from being lawsuit targets.
Concepcion argued that the two lawsuits mirror each other and clearly show the two firms are working hand in hand on the cases.
He also alleges attorneys for the investors took an expired asset-freeze order, issued by Gold, to the Turks and Caicos Islands and used it to obtain a temporary restraining order from the court there.
“After the Turks and Caicos court learned of the plaintiffs’ deceit, on April 9, 2009, the court discharged the TRO, stating, ‘This case causes me some disquiet,’ ” according to Concepcion’s motion.
The restraining orders froze the Elliotts’ assets and endangered the completion of renovations at a resort in the Dominican Republic, Concepcion stated. As a direct result, a bank is set to foreclose on several resorts owned by the Elliotts.
In a joint response to the disqualification motion, Diaz and Piloto called Concepcion’s allegations “gratuitious, speculative and completely devoid of merit.”
“Unable to defend their case on the merits, the Elliott defendants and their counsel continue to focus their energies on a litigation strategy directed at attacking the character and good name of plaintiff’s counsel,” their motion states.
A letter from Arthur Klein, general counsel for Arnstein & Lehr in Chicago, accompanied the motion. Addressing the issue of Piloto and Diaz’s relationship, Klein states: “In our judgment, your letter is inappropriate and unprofessional. We do not believe it merits a substantive response.”
Responding to the claim that the investors are responsible for pushing resorts into foreclosure, the plaintiffs say Elliott conceded his companies missed payments months before judicial liens were imposed in the Dominican Republic.
“The spuriousness of the Elliott defendant’s allegations is further demonstrated by the fact that it had been plaintiffs who notified the court of the foreclosures, and plaintiff attorneys have moved heaven and earth to do whatever they could to prevent the foreclosures from occurring,” the plaintiff attorneys said in opposing their disqualification.
In an interview, Piloto, an Arnstein & Lehr partner, said she and Diaz are no longer involved in a relationship.
“We stand by our papers,” she said. “Judge Gold is not going to be happy. He sees this for what it is.”
Piloto said Burr is motivated by a personal vendetta against the Diaz Reus law firm, where he used to work. The Daily Business Review reported in May that Burr resigned from Diaz Reus in 2007 “under less than amicable circumstances.” He also is suing Miami-based Astigarraga Davis for allegedly firing him because he is gay. The law firm strongly denies that allegation.
Let's see -- sex, money, vendettas, lawsuits, children, wire transfers from unknown locations, Tom Scott somehow, and the DR.
Kids, don't tell our friend from Leesburg, but this is how we roll in Miami.
29 comments:
FIRST. And I've said it before JULIE KAY IS HOT HOT HOT!!!! A total hottie. WOW!
8:27, I'm in love with Hilda.
You're killing me, bro. Killing me.
Me too.
Preparing right now to call THE SHUMIE
Diaz and Piloto-what a pair!
This couldn't have happened to nicer people!!!
I hope they both learn that you reap what you sow.
Called THE SHUMIE. Closing up.
When did the profession sink to the point that it became ok to personally attack other lawyers (even if they are opposing counsel). Lawyers are advocates for their clients and their legal positions. I think it's a disgusting to try to use an opposing lawyer's personal life as a litigation tactic.
And reporting about it, and yes even making light of it, only gives life to and therefore condones the reprehensible conduct.
Like this stuff never happened before, and no one ever discussed it before newspapers.
Hilda looks a little...doughy.
I love it. Now all we need is to bring back duels... 20 paces and the shoot! Or maybe gladiatorial combat... no, no! Even better, nude oil wrestling, but razor gloves. That's the ticket!
Is that the same Tom Scott that hangs out at the insurance defense hack law firm?
Is Mike Diaz really that relevant that we need a "fake mike diaz"?
Relevant only in his own mind-and maybe Hilda's too.
I am disturbed that Hilda Piloto has left out her true clients..the true innocent victims. They have been deserted.... they are only proposed interveners, never confirmed as plaintiffs, so there is only one plaintiff, Klaus Hoffmann. She took the proposed intervener money for her "representation" of them in U.S. District Court of Southern Florida. Many of them still are unaware that they are not plaintiffs, and their hard earned savings and trust have been betrayed. Disgusting!
Janie Catledge, mother of James Catledge is a proposed intervener. She is hiding assets for her son, James Catledge, in trusts...Target Trust, for example, the trust managing Potenza Management for the properties that James Catledge owns, in Nevada, Utah, and California. It is documented in 1:09-cv-20526, in September 2009. She is a co-conspirator of this ponzi scheme.
Piloto continues to ignore the facts and continually fails her clients, daily, weekly, monthly. She is dispicable.
In my opinion, Hilda Piloto should be repremanded by the firm she represents in this case, in all processes available to them. She is a dishonor to them. They are in denial, maybe to protect THEM from future lawsuits, she has created for them.
Piloto and Diaz, are puppet-mastered by James Catledge, per Judge Gold. Catledge puppet-mastered the ECC, who supposedly represented the Impact clients for the "legal fund" (true clients and Impact sales agents who purchased in Cofresi and Juan Dolio). I believe that was another scam, and when the ECC decided in Feb 2009 to "disband", because they are not an "entity", those who contributed are left deserted again. It appears that raising legal funds, directly or indirectly, for attorneys in Florida is against the law...prohibited.
So much is wrong, in the South Florida lawyers. So many names who belong as defendants do not appear. James Catledge is a PLAINTIFF on the Diaz lawsuit! He was the MOTIVATOR of this crime, not a Victim, not a Plaintiff! Scandalous! All attorneys know it this is true. They fail to correct it. Why? Maybe something more criminal than the ponzi scheme. It has been discovered and presented to the court many times, but the attorneys fail to admit that they know to Judge Gold.
Judge Gold is no fool. He knows and is waiting to see if they confess, tell the truth, the whole truth. He has warned them to read IN RE: Lawrence, a case in front of Judge Gold in the recent past.
This is all so sad, and demonstrates the manipulation of the justice system. MIS-justice system.
Hilda Piloto failed to represent me when my Name and Passport number was misused with out my permission, nor knowledge, until after the damage was done. I tried to get it corrected.
Ms. Piloto, instead of helping me, punished me, by firing me in a certified letter to me, from her case, and stated as quoted, in bold caps, "GOVERN YOURSELF ACCORDINGLY". She still has my money, the legal fund organized by the ECC, though.
I have not forgotten her, even though she has forgotten me.
Too bad SFL's comment threads don't come with padded walls.
Close, I must admit.
All that legal education, that they think is clever, cunning, will be wasted, for the good it should do....protect the innocent and convict the criminal.
They may also be convicted of being a criminal, protecting the criminals, misrepresentation of the facts and their clients, mis-carriage of justice, hiding and abetting.
I am sure there are more words and actions that could describe the SFLs misconduct.
Keep posting defamatory crap like this, Ms. Wack-job, and you might feel the business end of all that legal education.
Susan, step away from the keyboard. You are not helping yourself.
I agree with Susan's comments.
Michael Diaz admitted in open court that he has been representing James Catledge since October 2008. His November 2008 conflict letter does not disclose that fact. Judge Gold has voiced serious concern regarding this admission and other attorney conduct.
Please email nomamom@yahoo.com should you want the PACER docs.
At the end of the day Diaz and Piloto will be disbarred. I filed complaints with the Florida Bar and the complaints have been deferred pending Judge Gold's actions.
Also, Piloto and Diaz engaged in unlawful solication. I will make the transcript available to you. All lawyers should be shocked and outraged by their conduct.
Learning something new here.
Sounds like changes need to be made...
8:14 PM is Susanne Sippel.
Ms. Piloto,
It is time to show your professionalism and represent your "potential interveners" with the representation they need.
Your professionalism will be demonstrated only if you follow the 9/21/09 Judge Gold court order. Get help if you need it to meet the deadlines. Hopefully, you have already done the work and this will be a much easier task.
Otherwise Arnstein and Lehr and you personally may be served with 340 lawsuits for damages.
This is not a threat, nor a promise. Just the facts. That is more than you have done for the "potential interveners".
Want to hear from upset "potential inventers"?
http://www.scam.com/showthread.php?t=38466&page=43
Michael Diaz arrested for not only punching a guy during a road rage incident but punching his GIRLFRIEND as well. What a manly man the little twerp is!!
A few weeks before this incident Diaz sends an email to a Piloto client who was not "governing herself accordingly" with this beautiful message:
"why fucking idiots like yourself not instituionalized you dumb fucking bitch"
Oh but it gets better Diaz then sends a second email correcting his spelling mistakes which he claims he made b/c he was TEXTING WHILE DRIVING!
This guy has anger management issues big time. Maybe a pair of lifts in his shoes would cure his problems. Better yet some jail time - one can only hope that will be the result of his arrest.
xx00
Jacci
http://southflorida.bizjournals.com/southflorida/stories/2010/03/22/daily59.html
The link did not post to the Diaz arrest story here it is:
Michael Diaz Jr., founding and managing partner with the Diaz Reus law firm in Miami, will be arraigned April 5 on a charge of felony assault in connection with an alleged road rage incident that happened more than three months ago.
Diaz’s Dec. 18 arrest came to light in a story published in Friday's Daily Business Review.
Diaz, 50, was originally charged with misdemeanor battery following a December altercation with 30-year-old James Bracco, of Miami, near the Publix Super Market parking garage at Mary Brickell Village.
However, after further review, prosecutors decided to up the charge.
The arrest report states that Diaz was a passenger in a white Lexus, which witnesses said was blocking the entrance to the garage. Bracco blew his horn, and attempted to drive around, exchanging words with people in the Lexus.
According to witnesses, Diaz got out of the car, opened Bracco’s car door and started punching him, knocking several teeth loose and causing bleeding.
Bracco also has filed a civil suit for assault.
“James Bracco is not a big guy, and he’s an extremely nice guy,” said his attorney, Justin Leto. “My client has given testimony, and an eyewitness has said Mr. Diaz started punching my client while my client was still sitting in the car.”
The police report says Diaz did not make any statements at the scene, but “emitted a strong smell of alcohol.”
Criminal defense attorney Joseph Rosenbaum, who represents Diaz, called Bracco a “30-year-old gym rat,” and pointed out that Bracco has a pending DUI case for a separate incident in February 2009, to which Bracco has pleaded not guilty.
“Mr. Diaz defended himself and the others with him that evening,” Rosenbaum said. “There are several eyewitnesses who will corroborate these facts and completely exonerate Mr. Diaz from any wrongdoing.”
Leto said the police report is clear about what happened. The report also states that Diaz punched Bracco’s girlfriend twice “on her chest.”
“Whether my client attends a gym does not change the fact that Mr. Diaz attacked my client while he sat in his car, dragged my client out of the car to continue the attack, and then physically assaulted my client’s girlfriend,” Leto said.
Rosenbaum said he was prepared for trial on March 15, when the felony charge was issued, and he found the belated charge to be unusual.
Ed Griffith, a spokesman for the Miami Dade State’s Attorney Office, said police issued a misdemeanor citation with a “promise to appear.”
Griffith said it takes longer for a misdemeanor citation to make its way to prosecutors than when someone is booked into the jail immediately on a felony charge, and that the delay was not of
http://southflorida.bizjournals.com/southflorida/stories/2010/03/22/daily59.html
Hmmm, Scott Burr is no longer on the roll of solicitors on the website for the Law Society of England and Wales. I wonder what happened?
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