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Thursday, July 16, 2015
Targeted Lies Draw Informal Admonition
The District of Columbia Office of Bar Counsel ("OBC") has informally admonished an attorney for dishonesty
This matter was docketed for investigation based upon the ethical complaint filed against you by your former employer, C.C.F, Esquire (Ms. F). Based upon our investigation of this matter, we find that your conduct violates of Rule 8.4(c) of the District of Columbia Rules of Professional Conduct (the "Rules"). Ms. F hired you in October 2010 as a paralegal in her solo elder law practice.
You passed the District of Columbia Bar examination in October 2011, and Ms. F hired you as a Staff Attorney.
In December 2010, Ms. F was appointed the guardian and conservator for VFE ("Ms. E"). As the guardian/conservator, Ms. F was responsible for, inter alia, handling Ms. E" s financial affairs. Ms. E lived at her home with her adult son, VFE ("V"), and her grandson.
In or about November 2011, Ms. F requested that you purchase clothing and shoes for Ms. E. Thereafter, you purchased clothing and shoes at a Target Department Store ("Target") on behalf of Ms. E, totaling $287.12. Ms. F delivered the items to Ms. E on or about November 14, 2011. Thereafter, V returned four illfitting items of clothing and a pair of shoes. Ms. F asked you to return those items to Target.
In the spring of 2013, V accused Ms. F of theft, alleging that she had not delivered $287 .22 of clothing to Ms. E. Ms. F sent V a copy of the receipts for the items. Thereafter, V requested that Ms. F provide him with a copy of the receipt for the returned items. Ms. F then asked you about the matter, and you told her that you had forgotten to return the items in November 2011, which were still in a bag in a filing cabinet drawer. Ms. F then asked you to return the items.
Thereafter, you falsely reported to Ms. F that you had returned the items. In fact, because the purchase had taken place two years earlier, Target would not accept the untimely return of the items. Consequently, you purchased a gift card in the amount of the previously purchased items. You gave Ms. F the gift card, with a value in an amount equal to the previously purchased items. Because V had requested the receipt for the allegedly returned items, Ms. F again asked you to contact Target and to obtain a receipt. In response, you falsely told Ms. F that you had contacted Target, but that it could not generate a new receipt. Ms. F repeated your false version of events to V.
In or about August 2014, V filed with the court a petition to remove Ms. F as the guardian/conservator for Ms. E. Among other things, V alleged that Ms. F had failed to provide him a receipt for the return of the previously purchased items. On August 19, 2013, Ms. F filed with the court a response to V's petition. Based upon your version of events, Ms. F represented to the court that "[t]hose five items were returned for a gift card in the amount of the items."
In light of V's continuing pressure for, inter alia, a copy of the receipt, Ms. F called Target in an attempt to get a receipt for the allegedly returned items.
In response to her inquiry, Target researched the issue and advised her that there had been no return of the previously purchased items, and that the gift card had been purchased rather than exchanged for the previously purchased items.
Ms. F confronted you about her communications with Target, and you immediately acknowledged to her that you had not returned the clothes. Instead, you told her, that you had purchased the gift card with your own funds and that you had donated the previously purchased clothing to a charity. In a subsequent pleading filed with the court, Ms. F disclosed your false statements regarding the true disposition of the allegedly returned items.
OBC concluded
In this matter, you falsely reported to Ms. F that you had returned to Target the previously purchased items that V had rejected. You also falsely reported to Ms. F that you had lost the receipt for the returned items and that Target could not reproduce the receipt. Such false statements were dishonest.
(Mike Frisch)
July 16, 2015 in Bar Discipline & Process | Permalink | Comments (0)
Conviction Reversed; Attorney Still Disbarred Based On Conviction
An attorney convicted of two counts of felony possession of a sexual performance of a child was automatically disbarred by the New York Appellate Division for the Third Judicial Department, notwithstanding the court's reversal of that conviction.
From the court's order reversing the criminal conviction and dismissing the indictment on grounds of delay
On January 28, 2009, defendant's computer was seized by the Town of Colonie Police Department (hereinafter TCPD) after a computer repair technician reported that he discovered the computer contained what he believed to be child pornography. The following day defendant was questioned by the TCPD and, in July 2009, it obtained a search warrant to analyze the content of defendant's computer. On December 4, 2013, defendant was indicted and charged with 26 counts of possessing a sexual performance by a child, a class E felony. Relevant to this appeal, defendant moved to dismiss the indictment contending that the nearly five-year delay in obtaining the indictment was unreasonable and violated his due process rights. Although defendant requested and the People consented to a Singer hearing (see People v Singer, 44 NY2d 241 [1978]), County Court summarily denied defendant's motion. Thereafter, reserving his right to appeal the Singer issue, defendant pleaded guilty to two counts of the indictment and, after an initial sentencing error, was resentenced to concurrent prison terms of 1 to 4 years, which County Court stayed pending disposition of the instant appeals...
The record, however, is shockingly sparse concerning the reason for the preindictment delay. In opposition to defendant's motion to dismiss, the People asserted that the Town of Colonie Police Department originally referred the matter to the office of the United States Attorney for the Northern District of New York and did not provide the People with defendant's file until November 2013. However, without explaining the source of their knowledge, they go on to summarize events that took place before they received the file, including unsuccessful preindictment negotiations between defense counsel and a federal prosecutor, defendant's firing of his attorney, the assignment of a new Assistant United States Attorney to the case and the decision of the United States Attorney not to prosecute defendant.
The People's proffered reasons raise more questions than they answer. For example, the People did not reveal when and how they first learned that the matter had been referred to the United States Attorney, nor did they offer any explanation as to why they did not prosecute defendant while he was subject to federal indictment. While the answers to these questions, and others, may not be readily available, I find it significant that the People consented to a Singer hearing, thereby suggesting that they possessed additional information that could illuminate the circumstances that precipitated the delay. That the statements made in the sparse, 1½-page affidavit submitted by the People are based merely upon a review of the files maintained by the Albany County District Attorney — and do not come from someone with personal knowledge of the circumstances — further supports this conclusion.
The reversal did not alter the result
This Court's recent reversal of Montague's conviction based upon preindictment delay (___ AD3d ___, 2015 NY Slip Op 05721 [July 2, 2015]) does not change the result since "[r]eversal of the conviction does not automatically restore the attorney to the [b]ar [and, t]o attain such relief, the attorney must make a motion for reinstatement" (Matter of Toro v Malcolm, 44 NY2d 146, 152 [1978] [citations omitted]).
(Mike Frisch)
July 16, 2015 in Bar Discipline & Process | Permalink | Comments (0)
Disbarment Times Four
A busy day for the New York Appellate Division for the Second Judicial Department - a total of four disbarments.
One involved a conviction for possession of a forged instrument.
Another a conviction for conspiracy to commit mail and wire fraud.
So did this case
The indictment alleged that the respondent and his codefendants, inter alia, fraudulently offered and sold investment interests in life insurance policies to the general public through a company named Mutual Benefits Corp. (hereinafter MBC). The respondent and his codefendants made, and caused others to make, numerous false and fraudulent representations concerning such matters as the management of MBC, the safety and reliability of investments sold through MBC, historical returns on investments sold through MBC, the life expectancy of individuals insured by the life insurance policies being sold, and the sufficiency of the funds set aside to make payments on those policies. MBC raised more than $1.25 billion from more than 30,000 investors worldwide, resulting in losses of approximately $837 million.
And this attorney went down on misappropriation (linked here ).
(Mike Frisch)
July 16, 2015 in Bar Discipline & Process | Permalink | Comments (0)
What's In A Name?
Last month, the District of Columbia Court of Appeals put out a notice seeking comment on a proposed name change for the Office of Bar Counsel.
This court is considering whether to adopt a proposal transmitted by the Board of Governors of the District of Columbia Bar to amend Rule XI of the District of Columbia Rules Governing the Bar, by changing the title of Bar Counsel to "Disciplinary Counsel;" and to make conforming changes to other rules.
I happen to think that this is a lousy idea.
As I said when it was first floated
By letter to Chief Judge Washington dated May 14, 2014, the Board [of Governors] gave three reasons for changing the name that has been used in court opinions and known to the Bar and the public since 1972:
1. "To reflect more accurately the activities of the prosecutorial office of the disciplinary system;"
2. "To resolve the current confusion among the members of the Bar who believe that Bar Counsel is the office that they should contact to advise them about ethical questions; and"
3. "To avoid erroneous service of process on disciplinary authorities perceived to be counsel for the District of Columbia Bar in matters in which the Bar is sued."
If you want to avoid confusion, don't change the name that an Office has been known by for the past 42 years.
It is also well known and made clear to whoever calls Bar Counsel that the office does not provide ethical advice. That has been so since the 1980s. Any calls are simply referred to the Bar's Ethics Counsel. Reason #2 is entirely specious. -- a solution without a problem.
But it is the third justification that really grabs me --they want to it make it easier to sue the Bar. That doesn't even pass a laugh test.
I'm not sure what is behind this truly awful idea, but it surely is not for the reasons given by the Board of Governors.
I do not plan to comment beyond this post because there are so many more substantive problems with the D.C. bar disciplinary system that I no longer care about this particularly pointless change. (Mike Frisch)
July 16, 2015 in Bar Discipline & Process | Permalink | Comments (0)
Stayed Suspension For Misappropriation
A fully-stayed suspension of 18 months has been imposed by the Pennsylvania Supreme Court in a disciplinary matter that began with the report of a bounced escrow check.
The attorney cooperated and self-reported other escrow account issues including two instances of misappropriation.
He replenished the $11,000 that he had misused.
There was agreement that he met the standard for mitigation based on a diagnosis of major depression and other conditions. He also had financial and emotional stress as a result of his son's medical condition which resulted from a severe concussion. (Mike Frisch)
July 16, 2015 in Bar Discipline & Process | Permalink | Comments (0)
Knocked Off
A subcommittee of the Virginia State Bar imposed a public reprimand without terms as an agreed disposition.
The matter involved a search of the attorney's law office. The search had revealed several items with the Coach, Inc. brand name that had been ordered off the internet by the attorney 's wife.
The items were "knock-offs" that were not made by Coach, Inc.
The wife pleaded guilty to misdemeanor Trademark Infringement.
The attorney was not linked to the "knock-off" items.
The problem lay elsewhere.
After Coach sued he and his wife, he backdated three deeds transferring property and falsely denied doing so in a deposition.
Later in the deposition, he fessed up and corrected the testimony.
The disposition indicates that the dishonest conduct did not affect the resolution of the underlying matter. (Mike Frisch)
July 16, 2015 in Bar Discipline & Process | Permalink | Comments (0)
Wednesday, July 15, 2015
No Reinstatement For Convicted Former Attorney
An Illinois Hearing Committee recommends that reinstatement be denied to a disbarred former attorney.
He had consented to disbarment in 1986.
The committee's summary
In May 1985, Petitioner was found guilty in the United States District Court for the Southern District of Illinois on 17 counts of an indictment in U.S. v. Wheadon, No. 84-30029. The conduct resulting in his convictions occurred in 1981 and 1982, while he was the Executive Director of the East St. Louis Housing Authority and responsible for the construction and renovation of low income housing projects financed by the U.S. Department of Housing and Urban Development HUD. The crimes for which Petitioner was convicted included conspiracy to defraud HUD; corruptly soliciting, demanding, and receiving money from a person in return for Petitioner approving payments of HUD funds to that person for work Petitioner knew had not been performed; embezzling, stealing and knowingly converting to his own use $370,000 in HUD funds by receiving twenty separate payments over a one-year period; and knowingly filing false tax returns for 1981 and 1982 by not reporting as income the foregoing funds. Based upon his federal convictions, Petitioner filed a motion to strike his name from the roll of attorneys licensed to practice law in Illinois. The Supreme Court allowed the motion on December 5, 1986.
After discussing the factors set out in Supreme Court Rule 767(f), the Hearing Board found that Petitioner failed to make a sufficient showing that he should be reinstated to the practice of law, and recommended that the Petition for Reinstatement be denied.
Petitioner failed to disclose in his reinstatement application tax liens, a civil case, a criminal conviction and the revocation of his professional engineers license. (Mike Frisch)
July 15, 2015 in Bar Discipline & Process | Permalink | Comments (0)
One Man's Frivolity
The Minnesota Supreme Court has suspended an attorney with no right to seek reinstatement for twelve months.
The court affirmed findings of instituting frivolous litigation
the St. Paul Urban League ("SPUL") hired Selmer as president and chief executive officer. In February 2011 the SPUL suspended operations due to "severe fiscal and other mismanagement." Subsequently, Selmer, the SPUL, and various SPUL constituents became involved in multiple lawsuits spanning a significant number of court files. The Director filed this petition for disciplinary action against Selmer in January 2014 for his conduct in that litigation...
Selmer offers no basis in law to support filing a separate action in Hennepin County, appealing matters not ripe for review, or filing his federal complaint. Our review of the record therefore supports the referee's conclusion.
As to sanction
We begin with the four factors. Selmer's misconduct was serious. His dispute with the SPUL spanned a significant number of court files at the state district, federal district, and state appellate levels, all of which were dismissed based either on the frivolity of Selmer's arguments or because Selmer failed to comply with court rules...
Selmer's rule violations occurred in multiple court cases from August 2011 through June 2013. Selmer's misconduct was therefore not a "single, isolated incident," but included multiple instances of misconduct over several years.
His prior four instances of discipline were aggravating factors
we consider similar cases. Here, one of Selmer's own previous discipline cases is instructive. We previously suspended Selmer for 12 months after he engaged in a pattern of harassing and frivolous litigation, including filing several frivolous claims and knowingly offering false and misleading evidence in response to discovery requests. In re Selmer, 568 N.W.2d 702, 704-05 (Minn. 1997). The pattern of frivolous claims, which we held was an "abuse of the litigation process," is similar to the pattern of frivolous claims at issue here. See id. at 705. And the discipline we imposed in that case is the same as the referee recommended here. See id.
In conclusion, we agree with the referee's determination that a 12-month suspension is the appropriate discipline for Selmer.
(Mike Frisch)
July 15, 2015 in Bar Discipline & Process | Permalink | Comments (0)
Dr. Jekyll Returns To Practice
The Wisconsin Supreme Court has reinstated one attorney and denied reinstatement to another, both of whom were suspended from practice due to medical incapacity.
In the case where reinstatement was denied, the attorney had an substance abuse problem.
The referee had found
The referee noted that Attorney Schlieve has not practiced law since 1998, and during that time she has not been employed outside the home. She has primarily spent her time caring for her son, who has medical issues. The referee noted that in addition to caring for her son, Attorney Schlieve has been active in her church, in dog rescue efforts, and in other community affairs. In recent times, she has been working with a friend to establish two startup businesses, one offering tea party services and one offering wedding planning services.
The referee noted that Attorney Schlieve has earned a significant number of continuing legal education (CLE) credits and has attended a significant amount of coursework, all online. The referee noted that Attorney Schlieve provided a printout from the State Bar listing CLE attendance and dues payments from the early 1990s through January 2014. The referee said it was impossible to determine precisely what courses Attorney Schlieve had actually attended, since all were online courses...
The referee said that Ms. Albert's testimony about Attorney Schlieve's participation in the WisLAP program raised a number of serious questions. The referee said that after Attorney Schlieve's second positive test for codeine, and after Ms. Albert had informed Attorney Schlieve that WisLAP would continue with monitoring efforts through the reinstatement hearing but not thereafter, Attorney Schlieve contacted her doctor's office and withdrew the medical release in favor of WisLAP. Because of the positive drug screen in February of 2014, WisLAP again requested a list of Attorney Schlieve's current medications and the dates they were first prescribed. When the list was not forthcoming, WisLAP staff followed up with the doctor and was informed that there was no medical authorization from the patient.
Judge Abrahamson dissented and would reinstate with conditions.
Reinstatement was granted in this matter in which the attorney has been suspended since 1989
Attorney Linehan's petition for voluntary revocation of his license to practice law stated that he was the subject of an investigation of possible misconduct with respect to his representation of a client "and is also the subject of an investigation involving possible misconduct and medical incapacity due to chronic substance abuse." Attorney Linehan acknowledged that he could not successfully defend against the allegations of misconduct. As additional background, he stated that he had been afflicted with a longstanding, chronic sickness or disease involving several forms of substance abuse, which sickness or disease was a factor which contributed to the conduct resulting in the misconduct allegations that were the subject of investigations by the Board of Attorneys Professional Responsibility (BAPR), the predecessor in interest to the Office of Lawyer Regulation (OLR). The petition for voluntary revocation stated that, despite both inpatient and outpatient treatment, Attorney Linehan continued to be afflicted by chronic and significant problems involving substance abuse. Attorney Linehan stated that he believed he was unable to obtain the long-term treatment needed to effectively recover from his medical condition and still practice law at the same time. He stated that his desire to voluntarily surrender his license to practice law was based in part upon his belief that he had a medical incapacity, and that he desired to obtain further treatment for that condition.
The referee found
In reaching this [favorable] conclusion, the referee noted that "[t]his case presents the Jekyll/Hyde paradox in the life and times of Daniel W. Linehan, who has been 'characterized as sane when he is clean and sober and as insane when he is not.'" The referee found that Attorney Linehan has been afflicted with chronic alcohol and substance abuse since approximately age 15. In the 1980s, prior to his consensual license revocation, Attorney Linehan received both inpatient and outpatient treatment but exhibited a tendency for relapses of his chronic substance abuse. The referee found that the chronic substance abuse substantially interfered with Attorney Linehan's ability to conduct his law practice. The referee noted that after the revocation of his law license, Attorney Linehan spent time in the Dane County jail on a drunk driving conviction and his driver license was revoked.
The referee further noted that in the 1990s, Attorney Linehan worked as a clerk for a law firm in Minnesota and as a paralegal with the Hennepin County Attorney's Office in Minneapolis. The referee found that this employment was not deemed contrary to the Minnesota Rules of Professional Conduct. While Attorney Linehan remained relatively clean and sober between 1992 and 1995, he suffered a relapse in 1995. He was terminated from his job at the Hennepin County Attorney's Office in the spring of 1998 due to substance abuse issues. Attorney Linehan filed petitions for the reinstatement of his Wisconsin law license in 1996 and 1998 but was not honest about the status of his substance abuse problems and decided to withdraw both petitions.
In 1998, Attorney Linehan was charged with theft of a motor vehicle and aggravated drunk driving in Minnesota. He was convicted and placed on probation. Around 1998, Attorney Linehan began treating with Dr. Roger Johnson, a psychiatrist. Dr. Johnson remained Attorney Linehan's main mental health treatment provider until the doctor retired in 2010. Dr. Johnson diagnosed Attorney Linehan with major depression and treated him with medication. With the doctor's support, Attorney Linehan applied for Social Security Disability benefits, which were awarded around 1998.
In December of 1998, Attorney Linehan was arrested for intoxication and being in possession of a stolen automobile. The investigation revealed that he had burglarized his neighbor's residence, stole credit cards and their vehicle, and made charges with the credit cards without proper consent. He was charged with eight criminal counts. Because he was already on probation, he was incarcerated in the Sherburne County jail from December of 1998 until February of 1999. In January of 1999, he was also charged with forgery involving a $3,000 check. Attorney Linehan entered into a plea agreement on the charges in February of 1999 and was convicted and sent to prison. Around June 1, 1999, he was released on an ankle bracelet monitoring program. He suffered a relapse and was arrested and sent back to prison for violating the terms of his release. He was released from custody in July of 2000.
In 2003, Attorney Linehan was convicted of operating after revocation in Wisconsin. In 2002 and 2003, he was sporadically drinking and using drugs. He engaged in sporadic drinking and drug use again between 2006 and 2008. In December of 2009, he was taken into custody for an emergency detention when a friend called police to report that Attorney Linehan was very intoxicated and was making threats to harm himself or others. He was admitted to Mendota Mental Healthcare Center. Following a detention hearing, the court found the least restrictive level of care was on an outpatient basis, although the court expressed concern over threats that had been made. The court ordered daily breathalyzer sampling to ensure that Attorney Linehan remained sober and, if he could not, he would be taken into custody.
The court
We agree with the referee that, although this court's cursory 1989 order revoking Attorney Linehan's license to practice law by consent did not explicitly state that the revocation was due to a medical incapacity, the petition for voluntary revocation clearly identified medical incapacity as the primary driving force behind Attorney Linehan's decision to relinquish his law license. Accordingly, we deem it appropriate to treat his petition for reinstatement of his license as having been filed under SCR 22.36. We further conclude that the referee's findings support a determination that Attorney Linehan has met his burden under SCR 22.36(6) to establish by clear, convincing, and satisfactory evidence that his medical incapacity is removed and that he is fit to resume the practice of law. We agree that conditions on Attorney Linehan's license to practice law are necessary to ensure that he continues to receive appropriate treatment. Finally, we deem it appropriate to require Attorney Linehan to pay the full costs of this proceeding, $15,714.12.
(Mike Frisch)
July 15, 2015 in Bar Discipline & Process | Permalink | Comments (0)
"Abysmal" Cooperation With Bar Investigation
An attorney's misconduct in four client matters has resulted in a five-month suspension by the Wisconsin Supreme Court.
Attorney Kaupie was licensed to practice law in Wisconsin in 1999. He resides in Wausau. Attorney Kaupie's license has been administratively suspended since October 31, 2011, for his failure to pay mandatory State Bar dues and his failure to file a trust account certification, and since June 12, 2012, for failure to comply with continuing legal education requirements. In addition, on March 15, 2012, this court temporarily suspended Attorney Kaupie's license for his willful failure to cooperate in Office of Lawyer Regulation (OLR) investigations concerning his conduct. He has not previously been the subject of disciplinary proceedings.
On sanction
As the referee observed, abandonment of clients, especially those who are vulnerable due to incarceration and indigency, is a serious matter and Attorney Kaupie's cooperation with the ensuing investigation was "abysmal." The referee was mindful, however, that Attorney Kaupie had no prior disciplinary history and that Attorney Kaupie acknowledged complete culpability for his misconduct.
The stipulation discloses that in 2009, when this misconduct commenced, Attorney Kaupie was a sole practitioner with no office staff, practicing primarily in the area of criminal defense. That year, Attorney Kaupie's mother, who suffered from Alzheimer's disease, experienced declining health. Attorney Kaupie spent considerable time caring for his mother, whose condition increasingly needed constant supervision. The stipulation discloses that Attorney Kaupie essentially stopped practicing law to care for his mother, who passed away in November 2014.
The court lifted the 2012 suspension for failure to cooperate in the bar's investigation. (Mike Frisch)
July 15, 2015 in Bar Discipline & Process | Permalink | Comments (0)
Attorney Censured For Neglect; Client Sought Divorce in 1994
Public censure was imposed on an attorney who had neglected a divorce client's matter for many years and despite repeated assurances that he would secure the relief sought.
The charges against respondent relate to his representation of a woman (AW) who retained his firm to file for a divorce in 1994. AW paid the firm a retainer fee of $3,750. Respondent initially performed substantial work on the matter, including the preparation of a summons and complaint, an omnibus motion for pendente lite relief, preparation of a net worth statement, and several drafts of a separation agreement. During the course of the representation, however, AW's husband discharged his counsel and repudiated a proposed stipulation of settlement to which his counsel had agreed. At that point, the matter ceased to move forward.
In 2001, AW filed her first complaint against respondent, alleging that he had neglected her matrimonial matter. In response to that complaint, respondent admitted to the Committee that he was to blame for AW's failure to obtain a divorce judgment up to that point, and the Committee issued a letter of admonition, dated September 10, 2002, finding that respondent had neglected a client matter. The letter directed respondent "to complete [AW's] divorce at the earliest opportunity at no additional charge." In 2003, the matter was still unresolved, and AW filed another complaint against respondent, to which he responded with the representation that he was working on completing it. Based on that representation, the Committee closed the investigation. The matter continued to languish, however, leading AW to file a third complaint in 2006, the investigation of which was again closed based on respondent's assurances that he would complete the divorce. Finally, in 2010, with the divorce still not final, AW filed the complaint from which the present motion stems.
As previously noted, respondent concedes that, as found by the Hearing Panel, he is guilty of neglect, failing to refund an unearned fee, conduct prejudicial to the administration of justice, and conduct reflecting adversely on his fitness as a lawyer. This leaves for decision only the question of the appropriate sanction. The Hearing Panel amended the Referee's recommendation of a 30-day suspension to one of 60 days. Respondent asks us to impose a public censure. As previously noted, the Committee asks only that this Court impose a sanction that we deem just and proper.
The New York Appellate Division for the First Judicial Department chose censure over suspension
We find that, on balance, the facts of this case favor public censure over a brief suspension. As this Court has observed, "public censure is a suitable sanction for neglect of client matters if an attorney has no history of misconduct warranting disciplinary action" (Matter of Johannes, 66 AD3d 39, 41 [1st Dept 2009]). Apart from this matter, respondent has an unblemished disciplinary record over a career of approximately 30 years. Further, a number of mitigating factors weigh in respondent's favor. As noted, his neglect was confined to a single matter and was not accompanied by any other egregious misconduct. During the period at issue, he experienced serious family and professional difficulties, including medical crises and deaths of people close to him. Respondent has fully cooperated with the Committee. He has admitted his misconduct and ultimately refunded his fee to AW. He has also taken steps to ensure that he will not neglect matters in the future, such as installing a better computer case-tracking system and increasing the frequency of his firm's comprehensive case progress meetings. Finally, we are persuaded of the sincerity of respondent's expression of remorse.
(Mike Frisch)
July 15, 2015 in Bar Discipline & Process | Permalink | Comments (0)
School Fund Thefts Lead To Resignation
An attorney under investigation for misuse of funds had his resignation accepted by the New York Appellate Division for the First Judicial Department.
Respondent is currently the subject of an investigation by the Committee arising from a January 2015 complaint filed by the president of a school. The complaint alleged that in February 2011, respondent was entrusted with $867,133 in escrow for the school, and then withdrew approximately $496,000 from escrow over the following four years without the school's consent, knowledge or authorization.
This Court has previously accepted the resignation of attorneys under investigation for misappropriation of client funds from escrow (see Matter of Johnson, 125 AD3d 123 [1st Dept 2015]; Matter of Scher, 123 AD3d 162 [1st Dept 2014]). Respondent's counsel has submitted an affirmation wherein he concurs in the relief sought by the Committee.
He had previously been censured for escrow violations by the Second Department
We note that the respondent was new to private practice at the time the subject misconduct occurred, having only been in private practice since 2009, and that he had no prior experience with an escrow account. The subject real estate transaction was his first such transaction, as was his receipt of escrow funds. The evidence reveals that the subject misconduct stemmed principally from the respondent's mismanagement of his accounts, and his improper escrow practices, for which he was separately cautioned. Moreover, the respondent was suffering from serious health problems at the time, which distracted him from properly managing his accounts.
In light of these particular and unique circumstances, including the fact that the subject misconduct preceded the issuance of the Letter of Caution dated July 8, 2011, we conclude that a public censure is warranted.
Lesson not learned. (Mike Frisch)
July 15, 2015 in Bar Discipline & Process | Permalink | Comments (0)
False Statement Concealing Travel To Cuba Gets New York Attorney Disbarred
An attorney convicted of a false statement to conceal his travel to Cuba was disbarred by the New York Appellate Division for the First Judicial Department.
On October 29, 2013, respondent was convicted, upon his plea of guilty, in the United States District Court for the Southern District of New York, of one count of making a false statement on a United States Customs and Border Protection form (USCBP), in violation of 18 [*2]USC § 1001, a felony. On June 3, 2014, respondent was sentenced to two years of probation and a $100 assessment was imposed.
Respondent's conviction arose from his submission, on or about September 13, 2011, of a USCBP Form 6059B on which he falsely stated that the only country he had visited while outside the United States was Mexico, when in fact he had also traveled to Cuba.
The sanction was premised on the preclusive effect of the conviction
This Court has repeatedly held that a federal conviction under 18 USC § 1001 is analogous to the New York felony of offering a false instrument for filing in the first degree under Penal Law § 175.35, a class E felony based on facial similarity of the statutory language (see Matter of Collazo, 81 AD3d 220 [1st Dept 2011]; Matter of Ramirez, 7 AD3d 52 [1st Dept 2004]). Even if the statutes were not analogous, respondent's allocution, in which he admitted that he willfully concealed a material fact on his USCBP Form 6059B, taken in conjunction with the information, demonstrates "essential similarity" between the statutes sufficient to strike respondent's name from the rolls (see e.g. Matter of Adams, 114 AD3d 1 [1st Dept 2013]).
Accordingly, the Committee's petition is granted to the extent of striking respondent's name from the roll of attorneys and counselors-at-law in the State of New York pursuant to Judiciary Law § 90(4)(b), effective nunc pro tunc to October 29, 2013, the date of his conviction.
(Mike Frisch)
July 15, 2015 in Bar Discipline & Process | Permalink | Comments (0)
Tuesday, July 14, 2015
A Fine Mess
The Elyria Chronicle - Telegram online has this report on a pending Ohio discipline matter by Brad Dicken.
Michael W. Fine, the Sheffield attorney accused of hypnotizing female clients for his own sexual gratification, has filed paperwork with the Ohio Supreme Court to resign from the practice of law.
Fine made the request in April, but it didn't become public until late last month, according to the Supreme Court's website.
If the resignation is approved, Fine would be barred from ever practicing law again.
Fine agreed to an emergency suspension of his law license last year after the Lorain County Bar Association brought allegations he had hypnotized two of his clients to the Supreme Court.
Fine also is the target of an ongoing criminal investigation and the subject of three lawsuits filed by former clients. Those familiar with the case have said there could be as many as two dozen alleged victims.
Robert Housel, Fine's attorney, said his client's decision not to fight possible disciplinary action from the Supreme Court was made with an eye toward moving forward with his life.
"It didn't make sense to fight it," Housel said. "It made more sense to try and deal with his problem, which he has been, and go on with his life."
Chris Cook, the bar association attorney who led the ethics investigation into Fine, said the resignation is part of a deal that will allow his organization not to have to spend the resources on a legal effort to keep Fine from returning to being a lawyer.
"The end result is exactly the same," Cook said.
Fine fell under scrutiny last year when one of his clients became concerned that she couldn't remember parts of her conversations with Fine and felt as if she'd engaged in sexual behavior following meetings with him. She contacted Sheffield police, who suggested she not return to Fine's office.
Instead, the woman recorded a conversation with Fine in which he allegedly put her into a trance and gave her sexual commands and brought it to the authorities.
Police and investigators from county Prosecutor Dennis Will's office set up a sting in November and when they heard Fine put the woman, who was wearing a wire, into a trance, they raided his office, according to court files.
Since then, numerous other alleged victims have come forward to investigators, although no charges have been filed against Fine.
The Chronicle - Telegram had an article on his temporary suspension
Fine, who hasn't been charged with a crime, remains the subject of a criminal investigation into the allegations he hypnotized clients to perform sexual acts. He first fell under scrutiny after a female client noticed she experienced time loss, a wet vaginal area and a disheveled bra after meeting with Fine or talking with him on the phone.
Although Sheffield police warned the woman not to return to Fine's office when she first brought her concerns to them, she instead began secretly recording her conversations with Fine.
Two of those recordings, made in October, allegedly feature Fine putting the woman into a trance and then giving her sexual commands, according to documents filed by Bar Association attorney Chris Cook.
After the woman took the recordings to Sheffield police, officers brought in investigators from county Prosecutor Dennis Will's office to assist them. Law enforcement then set up a sting in which the woman wore a wire and went to a Nov. 7 meeting at Fine's office.
Once he put her into a trance, police moved into Fine's office and began to conduct a search, according to the documents.
A second woman who had hired Fine to do legal work also reported that she thought he had tried to hypnotize her. Cook has said multiple other victims have come forward with concerns about their interactions with Fine.
(Mike Frisch)
July 14, 2015 in Bar Discipline & Process | Permalink | Comments (0)
Isn't That Special?
A District of Columbia Hearing Committee recently filed a report and recommendation for misconduct in two immigration matters.
The committee proposes a stayed 30-day suspension and probation for two years.
The lengthy and exhaustively detailed report raises a number of points worthy of mention.
First, the case was prosecuted by a Special Bar Counsel, a former member of the Board on Professional Responsibility.
While there have been prior instances of appointment of special bar counsel when the entire Bar Counsel office was recused, I believe this is first such case that actually got prosecuted.
Second, there was an extensive motions practice.
The charges alleged that the misconduct in one count pled in the alternative that either Maryland or D.C. rules applied. The special bar counsel was required to elect a single set of rules and chose Maryland.
I believe that this forced election brings an entirely unnecessary proceduralism to a bar discipline matter.
If either set of rules is violated, discipline follows. Sometimes the proper application of Rule 8.5 depends on the evidence. If you can plead in the alternative in civil practice, surely the more relaxed bar rules permit the practice.
Third, the Maryland disciplinary authorities had reprimanded the attorney for some of the conduct in one of the matters.
The hearing committee found that this action did not preclude findings of misconduct here.
Respondent agreed to be reprimanded by the AGCM for violating MLRPC 8.4(d) in the Minchala matter when the AGCM had under consideration only the basic facts relating to Respondent's lack of competence and diligence. The same facts were proved before the Hearing Committee by Special Bar Counsel, and the same conclusion follows: Respondent violated MLRPC 8.4(d). It only adds to the seriousness of Respondent's violation of MLRPC 8.4(d) that Special Bar Counsel has also provided clear and convincing evidence of Respondent's violation of MLRPC 1.15 in mishandling Mr. Minchala's advance fee payments, and Respondent's causing a waste of judicial resources by forcing Mr. Bloom to file a Lozada motion in order to obtain an extension of time to file Mr. Minchala's appeal with the BIA. (citations to record omitted)
As to the merits, the committee found that his response to a missed deadline was dishonest
In considering Respondent's conduct in relation to the requirements of MLRPC 8.4(c), the Hearing Committee asked itself one very simple question: "What should an honest lawyer do upon realizing, as Respondent did on June 23, 2011, that the attorney missed an important court filing deadline?" The answer is equally simple: an honest lawyer must promptly inform the client of the omission, and discuss with the client the means for dealing with the problem caused by the lawyer's error. Yet that is precisely what Respondent did not do in the case of Mr. Minchala. Instead, Respondent concocted a letter based on an unsubstantiated hope that somehow Mr. Minchala had hired a different attorney, and then did nothing further until Respondent was confronted with his dereliction by Mr. Minchala in February, 2012.
Special Bar Counsel had sought disbarment for misappropriation. The committee found only commingling and considered a number of mitigating factors.
If no mitigating factors were involved here, the combined seriousness of Respondent's ethics violations would warrant a six-month suspension, as they did in [the prior] Lopes [case]. However, because the Hearing Committee has found that Kersey mitigation is applicable to Respondent's misconduct in his representation of Ms. Seminiano, because of Respondent's many years of practicing law without any ethics violations other than the instant misconduct, and because of Respondent's record of professional involvement and pro bono service, the Hearing Committee is recommending only a 30-day suspension, stayed in favor of a two-year period of probation on conditions calculated to protect the public but which do not place an undue burden on Respondent.
The case is In re Laurence F. Johnson and can be found at this link. (Mike Frisch)
July 14, 2015 in Bar Discipline & Process | Permalink | Comments (0)
Treatment And Recovery Secures Return To Practice
The Massachusetts Supreme Judicial Court has reinstated an attorney suspended in 2008, concluding that he has dealt with the problems that caused his misconduct.
He has demonstrated the required competence and learning in the law. He has demonstrated moral reform, as well as a support system to assist in maintaining his recovery from the depression and substance abuse that was at the root of his misconduct. He has provided ample evidence he 1~ again worthy of the public trust. Based on these findings and our conclusion that the petitioner's reinstatement will not be · detrimental to the public welfare, the standing of the bar, and the administration of justice, we recommend that the petition for reinstatement...be allowed, on certain conditions.
The misconduct involved neglect of a personal injury matter, escrow violations and failure to cooperate with bar counsel.
He stipulated to a 2 1/2 year suspension.
The cause
The petitioner's wife was diagnosed with stage 4 breast cancer in the fall of 2003. At the time, the wife was 36 years old. The petitioner and his wife had a daughter who was then just under the age of two. Around 2009, the cancer metastasized to her brain. Because of this, the petitioner became depressed, which he recognized in 2005 or 2006. As a result, he was "~ticking his head in the sand" and not paying attention to the fact that he was not getting mail in his cases. In 2006, the petitioner began using his wife's opiates, which continued until shortly after her death in 2013. During that time, he tried several times to stop using drugs; each time was with the assistance of a physician and at least one occasion included an in-patient hospitalization.
Shortly after his wife's death in September 2013, petitioner sought treatment for depression and drug addiction.
He has maintained sobriety and responded well to his treatment for depression.
As evidence that the petitioner was committed to overcoming his addiction and is unlikely to relapse, Dr. Cherney pointed to the following: when the petitioner's wife died, it would have been very easy for him to continue taking drugs. (petitioner; when his wife died, there was a "huge stockpile" of her drugs in the house). Likewise, when the petitioner's daughter was sent home with drugs after both of her surgeries, he did not use them.
Cites to the transcript have been omitted. (Mike Frisch)
July 14, 2015 in Bar Discipline & Process | Permalink | Comments (0)
Monday, July 13, 2015
Resigned To His Fate
The Ohio Supreme Court accepted the disciplinary resignation of an attorney convicted of insurance fraud.
The Blade had the story of the criminal case from 2008
A former Toledo lawyer convicted of conspiracy charges in a multimillion-dollar insurance scheme was sentenced yesterday in U.S. District Court in Toledo to 11 years, three months in prison.
Darrell Crosgrove, 47, of 5853 Cresthaven Lane, was found guilty by a jury June 3 on one count each of conspiracy to commit wire fraud and conspiracy to commit money laundering.
He was convicted of participating in a scheme to cheat real estate agents and appraisers by promising them malpractice insurance if they joined a trade organization.
Also found guilty for their roles in the scheme were former lawyer Douglas Ritson and the mastermind of the scheme, Mark Haukendahl.
Yesterday, Judge Jack Zouhary said the scheme the men devised lasted several years and bilked "hundreds, if not thousands, of real estate agents" nationwide.
He refuted Crosgrove's contention that his involvement in the plan - between 2001 and 2003 - was one of good faith.
As part of the sentence, Judge Zouhary ordered Crosgrove to pay $2,896,432 in restitution. Crosgrove previously forfeited $92,200 in a bank account in Monroe.
"The jury found you did act in bad faith," the judge said. "They found that not only did you make some bad choices, but you did some bad things."
Authorities said the conspirators created organizations called the Noble Group and American Real Estate Association to falsely sell insurance to as many as 4,500 real estate agents and appraisers. Throughout its existence from 1997 through 2004, the men bilked more than $11 million from their victims.
The real estate association operations were shut down in 2004 by a federal judge in New York presiding over a civil lawsuit brought by the U.S. Small Business Association. Charges were brought against the three men as part of a five-year investigation by the IRS and FBI.
Haukendahl, who pleaded guilty to money laundering, mail and wire fraud, and tax evasion charges in July, 2007, is serving a nine-year federal prison sentence and is responsible for the total restitution of $11.7 million.
Ritson pleaded guilty in December, 2006, to conspiracy to commit mail fraud and was sentenced Oct. 20 to one year in prison. He was convicted of serving as the organizations' attorney from 1997 to 2001.
Assistant U.S. Attorney Seth Uram said Ritson's cooperation with authorities led to a consideration at his sentence. He added that Ritson's cooperation likely caused Haukendahl to return from the Dominican Republic where he was living at the time charges were filed against him.
While working for the real estate organizations, Crosgrove falsely represented to the thousands of members that there was insurance coverage available to them if they were sued by a home buyer for negligence.
He then created a false identity of "John Thomas" and continued to act as counsel for the groups under the fictitious name.
Defense attorney Deborah Rump noted yesterday that Cosgrove did not live an extravagant lifestyle and said that his use of a fictitious name in some of his dealings was similar to the actions of IRS agents or debt collectors.
Judge Zouhary pointed to the use of a fictitious name as proof that Crosgrove "understood it was illegal."
Mr. Uram said the government will try to collect restitution from the men when they are released from prison.
He added that any money collected will not make whole the hundreds of real estate agents and appraisers who lost their reputations and businesses as a result of the scheme.
(Mike Frisch)
July 13, 2015 in Bar Discipline & Process | Permalink | Comments (0)
Consent Disbarment For Attorney Facing SEC Judgment
The District of Columbia Board on Professional Responsibility has approved and forwarded to the Court of Appeals a consent disbarment of an attorney
Law360 had this story on the attorney's problems with the SEC
A D.C. Circuit panel expressed skepticism Thursday over attorney Brynee Baylor's claim she was a victim of the perpetrators of a $2.7 million investment fraud scheme she had participated in, but pushed the U.S. Securities and Exchange Commission to explain why the penalties levied against Baylor weren't excessive.
Baylor had been tricked by her client, Frank L. Pavlico III, and his accomplice Valner Johnson when she was hired as outside counsel for Pavlico's firm, The Milan Group, her counsel Gina Dennis argued to the three-judge panel.
She had carried out "all necessary due diligence" before agreeing to work with Pavlico on the scheme, which had appeared to her to be legitimate, and had relied on the advice of Johnson, another attorney and a "sophisticated third party," regarding the nature of the scheme, Dennis said. Her only error had been to trust the pair, but the SEC had wrongly treated Baylor as a "villain," according to Dennis.
"Frank and Val were the puppet masters here … surrounding her in a sandwich of deception," Dennis said.
But Judge Merrick B. Garland seemed unmoved, questioning Dennis on whether Baylor's conduct should be considered at the least reckless, which would be sufficient to uphold the ruling against her.
In emails to potential investors and in statements to undercover FBI agents who had posed as potential investors — purportedly based on her own observation of other investor transactions — Baylor had flagged a range of outsized benefits for participation in the scheme, with no risk, which a reasonable person could view as reckless, Judge Garland noted.
"That doesn't sound like simply trusting someone else," the judge said. "That sounds like she knew similar trades had occurred."
Judge Nina Pillard also pushed Dennis to explain Baylor's role in escrow transactions used to hold investors' money, noting that she had dispersed money put into an escrow account almost immediately, despite the escrow agreements — which she had drawn up — requiring the money to be held for 60 days, with Judge Garland noting that about two-thirds of investor money had been funneled back to Baylor and Pavlico.
The judgment was the subject of this Law360 story. (Mike Frisch)
July 13, 2015 in Bar Discipline & Process | Permalink | Comments (0)
Drummed Out
An Illinois Hearing Board has recommended disbarment of an attorney who had defaulted on allegations of misconduct
We have considered the Administrator's two-count Complaint, a copy of which is attached as Exhibit 1. We have also considered the Order entered on April 29, 2015 deeming the allegations of the Complaint admitted, a copy of which is attached as Exhibit 2.
We also considered the evidence the Administrator presented in aggravation, specifically the testimony of Schuyler Geller, Jack Kelly and James Burton and Administrator's Exhibits 1 - 3. In particular, Geller described behavior by Respondent, including making baseless claims against opposing counsel and filing baseless criminal charges against opposing counsel and police officers, which clearly exceeded any reasonable boundaries. In addition, in registering with the ARDC for 2015, Respondent provided address information which was false, as evident from the testimony of the Administrator's investigators. This shows a level of intent which provides further support for the sanction requested by the Administrator.
The Panel also considered in aggravation Respondent's lack of cooperation and failure to participate in the disciplinary proceedings. In mitigation, counsel for the Administrator stated on the record Respondent has not been previously disciplined. We did not afford this factor significant weight, given Respondent's serious misconduct and the significant aggravation.
The ABA Journal had reported on criminal charges relating to his creating a disturbance in a courthouse.
The charges were later dropped.
The Chicago Tribune had this story about the arrest and noted
According to his online biography, Fainman attended the University of Wisconsin and John Marshall Law School in Chicago. He cites experience as a pharmaceutical representative, a television producer and jazz drummer.
He apparently has a "jazz, funk and acid jazz" quartet. (Mike Frisch)
July 13, 2015 in Bar Discipline & Process | Permalink | Comments (0)
The Second Time Around
An attorney disbarred and reinstated has been recommended for a second disbarment by the California State Bar Court Review Department.
The offense was practicing after the first disbarment
Joseph Giovanazzi was admitted to practice in 1969, disbarred in 1990 after two prior disciplines, reinstated in 2003, and charged in 2012 with the unauthorized practice of law (UPL) and intentional deceit to a superior court that he was entitled to practice law when he knew that he was not. A State Bar Court hearing judge found Giovanazzi culpable of the charges and recommended disbarment, concluding that his prior discipline was an extremely aggravating circumstance not overcome by the minimal weight of mitigating circumstances.
...we affirm the hearing judge's findings and uphold his recommendation.
The misconduct tool place after a 2011 suspension for non-payment of bar dues
In 2011, Giovanazzi represented a defendant, James Deck, in a multi-count felony jury trial in Riverside County Superior Court. The most serious charge against Deck — attempted murder of a peace officer — resulted in a mistrial and was set for a new trial setting on August 5, 2011. A hearing was also set for August 5, 2011 for Deck's sentencing on the remaining counts of which the jury had found him guilty.
Between July 1 and August 10, 2011, Giovanazzi was suspended from the practice of law in California for failing to pay his State Bar member fees.
Despite the suspension, he appeared on August 5. The trial judge knew of his suspension.
His story
Giovanazzi testified below that he came to the August 5 hearing not to appear as Deck's attorney of record, but to be "personally satisfied with an abundance of caution" that Deck's rights were protected and that there would be a smooth transition to successor counsel. Giovanazzi claimed that he came to court with a motion in case the judge ordered Deck's retrial to proceed and a continuance motion were needed, but denied that he lodged it with the Clerk or gave a copy of it to Garrett. He also denied indicating to the Court that he was entitled to practice law and he assumed from the nature of the sidebar conference that Judge Freer knew that he was suspended. Giovanazzi sought to explain to Judge Freer the circumstances of the suspension but testified that the judge cut him off.
The review department did not buy the explanation
We hold that Giovanazzi breached his duties as an attorney and committed an act of moral turpitude by engaging intentionally in the unauthorized practice of law, both by holding himself out on August 5, 2011, as entitled to practice, and appearing for his client, Deck. Giovanazzi testified below that he was a mere spectator in the courtroom, there to distantly observe the hearing. But the evidence showed that he was actively engaged first with opposing counsel Garrett and then with Garrett and Judge Freer at the sidebar conference about his status as attorney for Deck, never revealing to them that he was suspended when he knew that he was.
The review department rejected other attacks on the findings of fact below. (Mike Frisch)
July 13, 2015 in Bar Discipline & Process | Permalink | Comments (0)


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Open artist loft close to ManhattanUnited States, New York, Brooklyn
Request to Book
About this listing
Welcome to my home and studio! Located in an artist neighborhood with good transit to Manhattan and Bedford Ave., the loft has lots of light, a totally open floor plan, big windows, exposed brick, and a movie projector.
Space where guests can cook their own meals
Central heating or a heater in the listing
In the building, free or for a fee
In the building, free or for a fee
Space where guests can cook their own meals
Towels, bed sheets, soap, and toilet paper
Central heating or a heater in the listing
In the building, free or for a fee
In the building, free or for a fee
Continuous access in the listing
Breakfast is provided.
The listing can accommodate a gathering of 25 or more attendees
Easy access to the building and listing for guests in wheelchairs
Private or Shared
Free, in the building or nearby
Posted emergency information and resources
The Space
These photos were taken when I had just moved in, so it's actually quite a bit more comfortable now. (New photos are coming.)
It is a 900 sq. ft (~85 m sq.) open loft space in a converted factory. There is a giant wall of windows that get indirect light all day, 13 ft. ceilings, and a brick wall. The kitchen is well equipped, there's a dining table to comfortably fit 8, espresso machine, etc. The building has a shared outdoor area and big rooftop that looks out to Manhattan. There's a fold-out futon and queen-size bed so it comfortably sleeps 2 couples; can also provide an air mattress for more people. Stays cool in the summer, quiet neighbors. Projector for giant movies and iPod-stereo hookup (no TV, sorry).
Guest Access
Everything – make yourself at home.
Interaction with Guests
As little as getting the keys when you arrive or as much as having a drink in the neighborhood – up to you.
The Neighborhood
The neighborhood is great: You won't find it in guidebooks, cool little creative enclave in a safe, diverse, true NYC loft area. Easy access from JFK. The L train is less than two blocks away and goes directly to the city (about 15 minutes). You can also get to the main part of Williamsburg via the same train (about 10 minutes). There's also the JMZ line about 10 minutes by foot. Our neighbors are the incredible pizza and garden at Roberta's, coffee shops, an organic market, a sushi restaurant, a wine shop, and a few other nice little bars.
Getting Around
The L train is less than two blocks away, which takes you to Manhattan in about 10 minutes. The J train is about a 10 minute walk. You can also bike or walk to Williamsburg.
Other Things to Note
- this is for the whole apartment.
- available by the day for photo shoots.
- also willing to trade apartments in another (non-US) city.
Pretty easy, really:
- Treat the apartment as if it were your own. Treat the neighbors as if you had to live with them all year
- Be open-minded about New York and the neighborhood. Diversity is why it's a great city.
- Please don't smoke inside
- Be careful with food/drinks on the couch, and no guests sleeping overnight on it
- Enjoy your stay!
22 Reviews
This was our first experience with AirBNB and it was great. The apartment is exactly as described - very spacious, has two big beds so it was really perfect for two people. Best part was location - just around the corner from the train and so many really good (and very reasonably priced) restaurants near by. I used to live in NY and didn't particularly like Bushwick before but staying at this apartment made me want to go back. There's a really cute vintage clothing store right next to the subway (L train) too.
Jacob's loft was the perfect place to experience New York from. Bushwick's really cool and it's very easy to get around the city from there. The loft is a fantastic place, big and airy, with the added bonus of a really cool projector.
We didn't get a chance to meet Jacob as he was out of town, but he very kindly left his keys at with some friends and was great at answering any questions/emails really quickly.
I'd recommend the loft to anyone looking to visit.
Even though we did not meet Jacob, he was a great host, he left sweets for us and was very reachable for any questions that we had.
The place was amazing, just as the neighbourhood. to sum up: great stay!
Jacob's place is very spacious, clean and in an great location in Bushwick. I Would love to stay again.
Large open loft in the middle of Bushwick. The apartment is as described, clean, comfortable, spacious, close to transportation and restaurants. Jacob was very easy to communicate with. Would love to stay here again on the next trip to NYC!
Very nice flat and really close to the subway, just one minute by foot. The flat looks just like the pics, very spacious and a lot of light. The subway brings you in no time to Manhattan. Jacob is very helpfull. The wifi didn't work the moment we arrived but Jacob passed by the same day to fix it and it worked very fast from that moment. We would book this flat again if we ever come back to New York. Thank you Jacob!
We enjoyed our stay in Jacob's loft. It was a new experience to live in one room and we felt immediately at home. It was clean and we had everything we needed.
We were glad to have a grocery store and some restaurants in the neighborhood.
The nearby subway station made it easy to get downtown Manhattan.
About the Host, Jacob
Young artist. Traveler. Designer. I like to take photos and break bread with friends – old and new. New Yorker. Native Californian. European family. Barça fan.
I do my best to always respond to messages even if it takes a little bit.

subset: commoncrawl


text:
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by Jinchao Ji, Wei Pang, Yanlin Zheng, Zhe Wang, Zhiqiang Ma Data with categorical attributes are ubiquitous in the real world. However, existing partitional clustering algorithms for categorical data are prone to fall into local optima. To address ...Plosone.org, 2 months ago
Koninklijke DSM : DSM Science and Technology Award Asia 2015 goes to Dr. ZHENG Ju-Sheng; Recognition of exciting research in dietary fatty acids with potential use for diabetes and related chronic diseases
Release date- 18052015 - Urmond, NL - Royal DSM , the global Life Sciences and Materials Sciences company, today announced that the DSM Science & Technology Award Asia 2015 has been awarded to Dr. ZHENG Ju-Sheng from Zhejiang University , Hangzhou, ...4 Traders, 2 months ago
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Source: AsiaOne Altogether Team Singapore started the 28th SEA Games with a promising 10 gold medals across five sports. Quah Zheng Wen won the men's 100m backstroke event in a new SEA Games and national record time of 54.51sec. He also won ...Straits Times Online Mobile Print, 1 month ago SEA Games: Highlights for Jun 6 Asiaone, 1 month ago
Large-Scale SNP Discovery and Genotyping for Constructing a High-Density Genetic Map of Tea Plant Using Specific-Locus Amplified Fragment Sequencing (SLAF-seq)
by Jian-Qiang Ma, Long Huang, Chun-Lei Ma, Ji-Qiang Jin, Chun-Fang Li, Rong-Kai Wang, Hong-Kun Zheng, Ming-Zhe Yao, Liang Chen Genetic maps are important tools in plant genomics and breeding. The present study reports the large-scale discovery of ...Plosone.org, 1 month ago
PING AN INSURANCE GRP OF CHINA : Overseas Regulatory Announcement - Completion of Subscription of new Ordinary Shares issued by Ping An Bank Co., Ltd.
Hong Kong Exchanges and Clearing Limited and The Stock Exchange of Hong Kong Limited take no responsibility for the contents of this announcement, make no representation as to its accuracy or completeness and expressly disclaim any liability ...4 Traders, 2 months ago
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Thank you! : )
Sentiment: Strong Buy
Dell can hardly afford this buyout as is. REally, he is nickel and diming to come up with the money. 14 and change.......give me a break. If he were serious about buying the company he'd just say 18 bucks a share and its done.


text:
- Gerry Hamilton, ESPN Staff Writer
The high school football season and postseason All-Star games have come to a close. With the official ending of the Class of 2014's high school careers, it's time for the final ESPN 300.
Here's a look at the biggest movers from prospects committed to or considering SEC programs.
ATH Bo Scarbrough (Tuscaloosa, Ala./IMG Academy)
School: Alabama
Scarbrough may have only moved up nine spots from No. 21 to 12, but the jump was actually a huge one considering the 6-foot-2, 215-pound went from being ranked as a four-star prospects to finishing as one of 15 five-star prospects in the class. Scarbrough remains committed to the Crimson Tide despite officially visiting Ole Miss, Notre Dame and UCLA, while Florida State and Florida continue to make a push. Scarbrough makes his official visit to Alabama on Jan. 17. He remains the No. 2 athlete overall behind Speedy Noil (New Orleans/Edna Karr High).
Sources: Bama-Louisville to open 2018 season
19hBrett McMurphy
Eight SEC teams make preseason coaches poll
2dEdward Aschoff
ESPN 300 OT Jean Delance names Top 5
2dGerry Hamilton
Nick Saban clears the air on what really happened with Texas
3dGreg Ostendorf
Take Two: Which SEC coaches will be at their school in 2021?
3dGreg Ostendorf and Alex Scarborough
Updated ESPN 300: SEC analysis


text:
IMG to decide on coal block deallocation
Top Stories
- Salman Khan retracts tweets on Yakub Memon after protests; says 'never said he is innocent'
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The ministry's move comes close on the heels of enhanced public scrutiny on the allocation process and the subsequent move by the Central Vigilance Commission (CVC) asking the CBI to probe any alleged discrepancies in allotment of coal blocks between 2005 to 2008 during which 15 and 16 coal blocks were allotted.
Already 32 companies have been warned that they may lose their BGs if the progress on developing blocks continues to remain unsatisfactory. Similarly, 58 firms have been told that they risk de-allocation as the ministry has found their progress below expectation.
The IMG to be headed by the additional secretary in the coal ministry Zohra Chatterji and comprising representatives form power, steel, departments of economic affairs, industrial policy and promotion, and law and justice has been mandated to undertake periodic review of the progress made in the allotted coal and lignite blocks and recommend actions to be taken including their de-allocation.
Justifying the need for setting up the committee, coal minister Sriprakash Jaiswal said the decisions to impose any penalty or de-allocation should be broadbased after intense deliberations and due scrutiny.
"It should not be construed later on that the coal ministry is the sole arbiter of the de-allocation process and inclusion of these representatives should be adequate to decide upon any action in a transparent manner with reasonable conviction," Jaiswal told The Indian Express.
Jaiswal said the IMG has been entrusted to assess the replies furnished by various companies in reply to the show-cause notices issued by the ministry and make an independent assessment on the action to be taken.
Out of a total of 218 coal blocks allocated so far, 23 have been de-allocated as of December, 2011. Out of the 195 blocks that stand allocated, 39 have been given to PSUs and around 29 have commenced production.
In the wake of growing scepticism on the allocation process, the coal ministry wants to tread cautiously on both allocation and de-allocation process.


text:
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Classic diner offering American, Italian and Greek specialties open 24 hours a day!
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The State Street Diner is the perfect place to grab a breakfast of eggs, bacon, toast and home fries either at six in the morning before work or two in the morning after a night going to bars. If you want to visit a classic American diner, then don't leave Ithaca without stopping here! The seats are on springs and bounce up when you stand. There is a cigarette-friendly undercurrent and smell. The State Diner is like looking at tigers and pandas in the wild; you won't be able to do it forever. Stop by when you can. (Edited March 30, 2007)
Fantastic service, small town friendly diner with standards done solid.
Very gd food there back home!
The State Diner of Ithaca is located at 428 W State St, Ithaca, NY. This business specializes in Restaurants Diners and has 2 review(s) with a star rating of 3.0. The State Diner of Ithaca is open Mon. - Sun. 24 Hours and accepts Cash, Mastercard and Visa.
The State Diner was founded in 1982, and is located at 428 W State St in Ithaca.
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Last Spring, I felt a powerful need to go on a cleanse even though I'm a pretty healthy eater by American standards: Vegetarian, no alcohol, ample amounts of fruits and veggies and I do yoga everyday. I do confess to a slight sugar addiction. I followed a cleanse from a book on Ayurvedic health, the ancient Indian form of health and...
Kirstie Alley's Green Soup recipe is loaded with green vegetables and provides enough that you and a "Chubby Buddy," part of her Organic Liaison weight loss plan, can enjoy for an entire week.
It's the shake that powers Oprah's morning. The Green Drink is blend of vitamin- and mineral-rich fruits and vegetables, it's a healthy and surprisingly tasty way to start your day.
This soup recipe is the primary staple of the Sacred Heart Diet, a 7-day rapid weight loss program.
We all know we need to eat more vegetables. The question then becomes, "how?". This hearty and heart healthy soup answers that question with an easy to prepare pot of soup that is sure to satisfy. Suitable for diabetics, and ideal for those who are watching their weight.
©2015 Diets in Review
The information provided within this site is strictly for the purposes of information only and is not a replacement or substitute for professional advice, doctors visit or treatment. The provided content on this site should serve, at most, as a companion to a professional consult. It should under no circumstance replace the advice of your primary care provider. You should always consult your primary care physician prior to starting any new fitness, nutrition or weight loss regime.


text: Jo Listed below are comments made by Jo between Friday, 7th May 2010 and Friday, 7th May 2010. «Newer Older» What are your favourite children's books? 08:57am on 07 May 2010 So many favourites.A A Milne as a tot, Biggles, bought for 7/6 from Heffer's in Cambridge; Roald Dahl, especially the Fantastic Mr Fox (not the film), Danny the Champion of the World and Matilda; Yes, Sue, Bible stories, but those written by David Kossoff, which were acceptable to anyone. UK general election: Your reaction 08:52am on 07 May 2010 People had 15 hours to vote, why do they leave it until the last moment. For those away during the week there's a postal vote. As someone who has spent 17 hours at a polling station, it's a very long day for a pittance. Unfortunately the electronic poll that Breckland tried didn't work, so we're a long way from voting using that system.Do ex-MP's get a payoff? I seem to remember reading something to that effect. Wonder why they should when so many workers on fixed contracts get b... all. Another bung that should be plugged if they do! «Newer Older»


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Successful food drive by Valero
November 25, 2009 at 10:59 am | Mobile Reader | Print
While they were there, they packaged 928 boxes of food in just 2 hours.
The food that was packaged is being delivered on Saturday, Nov. 21 to needy families in the community.
The food drive and food packaging are just two of the Valero Volunteer activities that will be taking place this holiday season.
Upcoming activities include: visiting local nursing homes and senior centers, hosting a senior citizen luncheon, assisting with a toy and gift fund, and visiting Childrens Hospital.
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Moak's Southern Anthem surged
past dueling leaders Forest Attack and No Inflation at the eighth
pole and then held off a late bid from Caberneigh to win the $57,130
feature for three-year-olds and up by 1 ½ lengths on Father's Day at Churchill
by Corey Lanerie for trainer Jeff Thornbury, Southern Anthem
raced eighth in the early going while received a ground-saving trip from
Lanerie. Southern Anthem swung out three wide at the head of the stretch,
blowing the past the leaders and covering the 1 1/8 miles on a firm Matt Winn
Turf Course in 1:50.12.
victory, the fourth in 18 starts, was worth $35,400 and increased Southern
Anthem's earnings to $139,422. Southern Anthem is 4-year-old Kentucky-bred son
of Royal Anthem.
Anthem returned $34.60, $13.60 and $5.60. Caberneigh, ridden by Freddie
Lenclud, paid $15.20 and $8 and finished a half-length in front of Forest
Attack, ridden by Robby Albarado, who returned $4.80 to show.
resumes Thursday when the final two weeks of the meet kick off with a nine-race
program beginning at 12:45 p.m. (EDT). There will be a five-day Pick 6
carryover of $50,084 on races four through nine with post time for the fourth
scheduled for 2:21 p.m.
Ulanbator and Jockey Julien Leparoux were able to ...
Two of Canterbury Park's premier turf races, each ...
A nearly meet-long racetrack celebration of the vi...
With only five days left of the Spring Meet, the r...
Racing's newest millionaire, Hard Not to Like, the...
Godolphin Stable's Frosted put in his fi...
Mrs McDougal charged down the middle of the stretc...
Since the turn of the century, horses that have wo...
For the second time in two days trainer Todd Plet...
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NHL Season Openers in Europe
Anyone going to one of the games in Helsinki, Stockholm or Prague?
I'm going to see Coyotes @ Bruins in Prague on Saturday. Super-pumped, first NHL game. :yo:
Will go as soon as Flyers play in Helsinki, so most likely never.
Also the thing I hate the most with these games is... the teams are from different conferences. Absolutely zero passion in the games. Of course one can't expect to see the Battle of Pennsylvania played at the other side of the planet, though. But come on, at least same conference... even different division is fine.
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Yeah she was advised to sit out two to three weeks she had a motorcycle accident a year ago and I think that has a lot to do with it ..,football is a physical game and we all take risk out there we have no equipment so concussions will happen I just want to make sure that if we do have more females playing they fully know the risk factor
0 · August 20
Yeah that was the hit by oyay she tensed up which probably made it worse she is getting a cat scan today and still has a headache
0 · August 19
Hey guys I just found out from my friend Cybelle that she suffered a severe concussion and has a sore neck I didn't see the hit and doubt it was intentional but nonetheless if females are going to play we have to know that their on the field and maybe not hit them so hard she's doing ok but she def said she got her bell rung
0 · August 18
0 · August 17
Be there a little late
0 · August 17
First and foremost my name is ANTONIO and not Anthony so lets get that straight. Secondly my sacks will come. For now I am satisfied making John and Patrick throw picks from time to time with help from my line. I apply pressure and it works. There were a few times some passes were intended for you and my mans picked ur QB off. I do my job to the best of my ability on the line but I have been slowed by a mild foot sprain and everybody knows this yet I still play. I had 3 sacks in my grasp last week but im dealing with a minor injury. And I never talked shit on this meet up app at all. I only said that I was looking forward to Patrick and Steve coming out because those two bring out the best in me. So how is that talking shit brah??
0 · August 17
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|By PR Newswire
Article Rating:
|November 14, 2012 03:46 AM EST
Key is to ensure foreign ownership adheres to transparency and governance standards
LONDON, England, Nov. 14, 2012 /CNW/ - CIBC (CM: TSX) (CM: NYSE) — In order to allow State-Owned Enterprise to invest in Canada, public policy must ensure that foreign investments adhere to strict standards of governance and transparency says the Hon. Jim Prentice, Senior Executive Vice-President and Vice Chairman of CIBC.
In a speech to the Oil & Money 2012 conference in London, Mr. Prentice told the audience that 'turbulence' in Canada over SOEs may have surprised the international business communities, but that there was obvious and escalating public concern in Canada about SOE investments.
"This controversy has been building for years," said Mr. Prentice. "And it achieved a force in recent months that can be fairly said to be turbulence. This is because of two proposed investments in Canadian energy companies by two State Owned Enterprises - Petronas from Malaysia and CNOOC from China."
Mr. Prentice noted that "this is a pivotal time for the Canadian government". He continued, "it must consider its policy on foreign investment in light of the growing and evolving role of SOEs in Canada's oil and gas industry. However, Canada must and will remain open for business and that means open to foreign investment".
In fact, he said Canada is aggressively engaged in diversifying its energy markets with an eye to Asia - and with good reason.
"Saying "no thanks" to the largest new market opportunity, namely China, would be patently unwise. Particularly in circumstances where the transactions do not imperil Canadian values or environmental and labour laws," stated Mr. Prentice.
However, Mr. Prentice cautioned that it would be naïve to think that the acquisition of Canadian energy resources by foreign governments or their surrogates would not raise public policy questions.
"While Canada is most definitely open for business - it is not for sale," said Mr. Prentice.
CIBC is a leading Canadian-based global financial institution. Through our Retail and Business Banking, Wealth Management and Wholesale Banking businesses, CIBC provides a full range of financial products and services to 11 million individual, small business, commercial, corporate and institutional clients in Canada and around the world. You can find other news releases and information about CIBC in our Press Centre on our corporate website at www.cibc.com.
The speech is available at :http://files.newswire.ca/256/OilandMoneydistribution1.pdf
Container technology is sending shock waves through the world of cloud computing. Heralded as the 'next big thing,' containers provide software owners a consistent way to package their software and dependencies while infrastructure operators benefit from a standard way to deploy and run them. Containers present new challenges for tracking usage due to their dynamic nature. They can also be deployed to bare metal, virtual machines and various cloud platforms. How do software owners track the usag...
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As Marc Andreessen says software is eating the world. Everything is rapidly moving toward being software-defined – from our phones and cars through our washing machines to the datacenter. However, there are larger challenges when implementing software defined on a larger scale - when building software defined infrastructure. In his session at 16th Cloud Expo, Boyan Ivanov, CEO of StorPool, provided some practical insights on what, how and why when implementing "software-defined" in the datacent...
Aug. 3, 2015 03:45 PM EDT
Mobile, social, Big Data, and cloud have fundamentally changed the way we live. "Anytime, anywhere" access to data and information is no longer a luxury; it's a requirement, in both our personal and professional lives. For IT organizations, this means pressure has never been greater to deliver meaningful services to the business and customers.
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As organizations shift towards IT-as-a-service models, the need for managing and protecting data residing across physical, virtual, and now cloud environments grows with it. CommVault can ensure protection and E-Discovery of your data – whether in a private cloud, a Service Provider delivered public cloud, or a hybrid cloud environment – across the heterogeneous enterprise. In his session at 17th Cloud Expo, Randy De Meno, Chief Technologist - Windows Products and Microsoft Partnerships at Com...
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Learn how you can use the CoSN SEND II Decision Tree for Education Technology to make sure that your K–12 technology initiatives create a more engaging learning experience that empowers students, teachers, and administrators alike.
Aug. 3, 2015 03:30 PM EDT
SYS-CON Events announced today that VividCortex, the monitoring solution for the modern data system, will exhibit at the 17th International Cloud Expo®, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. The database is the heart of most applications, but it's also the part that's hardest to scale, monitor, and optimize even as it's growing 50% year over year. VividCortex is the first unified suite of database monitoring tools specifically desi...
Aug. 3, 2015 03:15 PM EDT
The Software Defined Data Center (SDDC), which enables organizations to seamlessly run in a hybrid cloud model (public + private cloud), is here to stay. IDC estimates that the software-defined networking market will be valued at $3.7 billion by 2016. Security is a key component and benefit of the SDDC, and offers an opportunity to build security 'from the ground up' and weave it into the environment from day one. In his session at 16th Cloud Expo, Reuven Harrison, CTO and Co-Founder of Tufin,...
Aug. 3, 2015 03:00 PM EDT Reads: 559
In their session at 17th Cloud Expo, Hal Schwartz, CEO of Secure Infrastructure & Services (SIAS), and Chuck Paolillo, CTO of Secure Infrastructure & Services (SIAS), provide a study of cloud adoption trends and the power and flexibility of IBM Power and Pureflex cloud solutions. In his role as CEO of Secure Infrastructure & Services (SIAS), Hal Schwartz provides leadership and direction for the company.
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In a recent research, analyst firm IDC found that the average cost of a critical application failure is $500,000 to $1 million per hour and the average total cost of unplanned application downtime is $1.25 billion to $2.5 billion per year for Fortune 1000 companies. In addition to the findings on the cost of the downtime, the research also highlighted best practices for development, testing, application support, infrastructure, and operations teams.
Aug. 3, 2015 11:45 AM EDT Reads: 204
SYS-CON Events announced today that MobiDev, a software development company, will exhibit at the 17th International Cloud Expo®, which will take place November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. MobiDev is a software development company with representative offices in Atlanta (US), Sheffield (UK) and Würzburg (Germany); and development centers in Ukraine. Since 2009 it has grown from a small group of passionate engineers and business managers to a full-scale mobi...
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There are many considerations when moving applications from on-premise to cloud. It is critical to understand the benefits and also challenges of this migration. A successful migration will result in lower Total Cost of Ownership, yet offer the same or higher level of robustness. In his session at 15th Cloud Expo, Michael Meiner, an Engineering Director at Oracle, Corporation, analyzed a range of cloud offerings (IaaS, PaaS, SaaS) and discussed the benefits/challenges of migrating to each offe...
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"We've just seen a huge influx of new partners coming into our ecosystem, and partners building unique offerings on top of our API set," explained Seth Bostock, Chief Executive Officer at IndependenceIT, in this SYS-CON.tv interview at 16th Cloud Expo, held June 9-11, 2015, at the Javits Center in New York City.
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Digital Transformation is the ultimate goal of cloud computing and related initiatives. The phrase is certainly not a precise one, and as subject to hand-waving and distortion as any high-falutin' terminology in the world of information technology. Yet it is an excellent choice of words to describe what enterprise IT—and by extension, organizations in general—should be working to achieve. Digital Transformation means: handling all the data types being found and created in the organizat...
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SYS-CON Events announced today that HPM Networks will exhibit at the 17th International Cloud Expo®, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. For 20 years, HPM Networks has been integrating technology solutions that solve complex business challenges. HPM Networks has designed solutions for both SMB and enterprise customers throughout the San Francisco Bay Area.
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Chuck Piluso presented a study of cloud adoption trends and the power and flexibility of IBM Power and Pureflex cloud solutions. Prior to Secure Infrastructure and Services, Mr. Piluso founded North American Telecommunication Corporation, a facilities-based Competitive Local Exchange Carrier licensed by the Public Service Commission in 10 states, serving as the company's chairman and president from 1997 to 2000. Between 1990 and 1997, Mr. Piluso served as chairman & founder of International Te...
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"Webdeveloper and DTP at Mikrocentrum (Eindhoven), SilverStripe enthusiast since 2009"
"Owner @ Hamaka. SilverStripe fanatic"
"I'm a webcoder and UI designer, and just started of working with Silverstripe as a CMS. For what I've seen so far it fits great for developing new sites..."
"Owner of Hestec"
"Frontned ontwikkelaar uit Apeldoorn"
"I am an AIX specialist and hold a CISSP, CEH, and am studying for my IBM CATE. I am interested in platform security, and ethical hacking."
"Marketing manager"
"Working as a programmer for Clickhere (Netherlands). 10+ years experience with PHP and started using SilverStripe since 2011."
"I'm in Cologne, so will try to make it to a meetup in the Netherlands sometime!"
"webdeveloper at hamaka"
"Hello All, My name is Wibo and I am a software entrepreneur."
"Gebruiker van SilverStripe sinds 2010. www.hamaka.nl"
"Joining for my calendar: http://www.bubblefoundry.com/dutch-tech-meetups/"
"Post-apocalyptic doom coder for SQUAL Media, Enschede, The Netherlands."
"Since 2005 Jurgen Jessurun has been focusing on Internet technologies, specializing in web design, front-end development and SEO consulting. Jurgen has also given..."
"Creatief strateeg. Ik schrijf scherpe positioneringen en communicatiestrategieën voor ondernemers met meer ideeën dan tijd of middelen. Verder train ik ondernem..."
"Stagiair Dertig Media"
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