Monday, July 21, 2014

Guy Bailey Sentenced!


We were shocked back in 2009 when we first reported longtime and prominent commercial litigator Guy Bailey's disbarment.

Now we learn of his sentencing by Judge Hirsch -- who gave him six-years probation:
Bailey faced up to 30 years in prison. Prosecutors and the Levrants – who believe they’ll never get a cent in restitution – wanted 21 months prison, the bottom of the sentencing guidelines.

In an order that ruminated extensively on the goal and meaning of punishment, Hirsch quoted Shakespeare, Plato and former U.S. Supreme Court Justice Oliver Wendell Holmes in deciding against prison time.

“If ever a criminal case cried out for restitution in lieu of incarceration, this is that case,” he wrote. “Certainly, Mr. Bailey will be in a position to make no restitution from behind prison bars.”
Shakespeare, Plato, and Holmes all in a nine page order -- but why stop at only three?

How 'bout some Petty?



Also, is that not the case with all white-collar crime?

Read more here: http://www.miamiherald.com/2014/07/18/4242736/miami-lawyer-convicted-of-looting.html#storylink=cpy




15 comments:

Anonymous said...

White collar. White skin. Shameful decision by Judge Hirsch.
Either incarcerate everybody who steals or incarcerate none.

Lauri Waldman Ross said...

Mr. Bailey's history dealing with client trust funds is a matter of public record. See Kenet v. Bailey,679 So.2d 348 (Fla. 3d DCA 1996).His reliance on his prior bar history is also a matter of public record. See Kenet v. Bailey, Hunt, Jones & Busto, 785 So.2d 515(Fla.3d DCA 2000).

Godwhacker said...

Steal enough and they make you governor!

South Florida Lawyers said...

Thanks for your comment Lauri!

Anonymous said...

bailey gonna fleece somebody else to make his tution payments

Anonymous said...

Lauri, is it your intention to post the same comment on every blog that discusses Mr. Bailey's case? Do you have some personal involvement in his case?

Anonymous said...

To 11:20 am, as the opinions reflect, I won both appeals in the Third District. I have no personal involvement in his current case--just find it hard to believe that anyone is "surprised" at his conviction.

lauri waldman ross said...

Sorry, should have listed my name.

Anonymous said...

Except Hirsch!!

Rumpole said...

Kinda feel like this is my territory. Keep it up and I will start blogging about summary judgment interrogatories- or something like that, or whatever it is you all do sending each other nasty emails and motions and notices of hearings.

South Florida Lawyers said...

It's yours Rump, though Bailey is ours.

CAPTAIN JUSTICE said...


Hey hey. Let me get in on this ....

This was my post from Friday on the Justice Building BLOG:



THE CAPTAIN REPORTS:

MILT DOES IT AGAIN; nine page Order quotes Shakespeare, Plato, and Oliver Wendell Holmes .....

Here is what you need to know:

The Defendant, Guy Bailey, is 75 years old. He is an attorney; or should I say WAS an attorney before this mess. He was convicted of First Degree Grand Theft after a jury trial. He scores State Prison. The State asked for State Prison. The Defense filed a Motion for Downward Departure.

Judge Hirsch, decided to write a nine page sentencing Order that quotes from the like of:

Shakespeare, Plato, and Oliver Wendell Holmes; just to name a few.

WORD OF THE DAY GUYS:

Get to work and define the following words, all used in the Order:

Malapropism
Deontological
Tautology
Septuagenarian
Sedulously
Penological

In all seriousness, it is an Order worth your time to read. Not for the big words, or the quotes from famous dead persons, but for the proposition that prison is not always the proper sentence. And Judge Hirsch advances that argument in his well written Order.

Have a great weekend and stay out of the direct sun, lest you end up like some of those that are quoted from in the Order.

Here is David OValle's article and his link to the Order.

http://www.miamiherald.com/2014/07/18/4242736/miami-lawyer-convicted-of-looting.html

Cap Out .....
Captain4Justice@gmail.com

South Florida Lawyers said...

Nicely done.

Neil Gillespie said...

Guy Bailey is one of the worst kinds of criminals: Bailey stole $700,000 from clients to whom he owed a special duty, a fiduciary duty.

It is long established that the relationship between an attorney and his client is one of the most important, as well as the most sacred, known to the law. The responsibility of an attorney to place his client’s interest ahead of his own in dealings with matters upon which the attorney is employed is at the foundation of our legal system. Deal v. Migoski, 122 So. 2d 415.

It is a fiduciary relationship involving the highest degree of truth and confidence, and an attorney is under a duty, at all times, to represent his client and handle his client’s affairs with the utmost degree of honesty, forthrightness, loyalty, and fidelity. Gerlach v. Donnelly, 98 So. 2d 493.

Bailey’s crime and punishment go to the core of a self-regulated legal profession, which does not work.

Article V, Section 15 of the Constitution of the State of Florida gives the Supreme Court of Florida exclusive authority to regulate the admission of persons to the practice of law and the discipline of those persons who are admitted to practice. The Court performs those official functions through two separate arms: the Florida Board of Bar Examiners, which screens, tests and certifies candidates for admission to the practice; and The Florida Bar, the investigative and prosecutorial authority in the lawyer regulatory process. Prior to adoption of Florida’s current version of Article V, the Supreme Court created our state’s unified bar by its own action, in the case of Petition of Florida State Bar Ass'n, 40 So.2d 902 (Fla. 1949). The Supreme Court further specifies the powers and duties of the Bar through its Rules Regulating The Florida Bar, which superseded the Integration Rule in 1986 that had previously contained such guidance - see In Re Rules Regulating The Florida Bar, 494 So.2d 977 (Fla.1986)

Judge Milton Hirsch’s order is a testament to Florida’s two-tier injustice system, where insiders like Bailey walk free with probation for a crime that ordinary people may loose their liberty for many years. Judge Hirsch’s order is missing, inter alia, a money judgment against Guy Bailey at the statutory interest rate established by section 55.03, Florida Statutes. A money judgment would allow Murray and Seth Levrant right to proceed in aid of execution. While Judge Hirsch ordered restitution, that is unlikely to provide $700,000 to the crime victims. Instead, survivors of attorney fraud who are entitled to restitution may have an "insurable interest" in the crooked lawyer until restitution is made in full, and might purchase and own an insurance policy equal to the amount of their insurable interest until the convicted lawyer made restitution, and would be the beneficiaries of the policy proceeds upon the insured's death.

Neil Gillespie said...

Part 2

Still, that is too much wrangling for Murray and Seth Levrant to endure. The Constitution of the State of Florida gives the Supreme Court of Florida exclusive authority to regulate the admission of persons to the practice of law and the discipline of those persons who are admitted to practice. Therefore, Judge Hirsch’s order should include a money judgment against Guy Bailey and the Supreme Court of Florida, by and through The Florida Bar, at the statutory interest rate established by section 55.03, Florida Statutes. As for Mr. Bailey’s liberty question, he should be ordered to report to the nearest veterans hospital for community service as an orderly. If Bailey is deemed medically unfit for community service, Bailey can sit bedside and lend comfort to dying veterans. Bailey’s community service should be for the equivalent hours needed to repay $700,000 at the minimum wage in Florida. Okay Mr. Harkness, Executive Director of The Florida Bar, time to write a Bar check payable to Murray and Seth Levrant in the amount of $700,000 plus interest. And shame on Judge Hirsch for his lack of imagination in sentencing a financial terrorist like Guy Bailey.