A Miami personal injury attorney misappropriated up to $381,000, Bar says
Business A Miami personal injury attorney misappropriated up to $381,000, Bar says
When the client of a West Miami-Dade personal injury attorney complained to the Florida Bar that his lawyer wouldn't give him his part of a $41,000 settlement, the Bar auditor said he found two things:
He wasn't the only Xenia Hernandez Law client with that problem; and Hernandez had misappropriated $169,000 to $381,000.
Hernandez's emergency suspension doesn't begin officially until May 25, but she has already started the shedding of attorney designations required during suspensions. Xenia Hernandez Law's website is down, the firm's Instagram page has disappeared and emails to xhernandez@xhernandezlaw.com get an automatic reply saying the address is no longer active.
The Miami Herald hasn't been able to contact Hernandez for comment.
Eleventh Circuit Chief Judge Nushin G. Sayfie appointed Eleventh Circuit Judge Alicia Priovolos Garcia to hear the Bar's case against Hernandez.
MORE: Coral Gables-based Florida Bar president accused of misappropriating $625,000
Where's the money?
The Bar's petition for emergency suspension says it started a compliance audit of Hernandez's trust account for the period Nov. 1, 2023, through Dec. 31, 2024, after a March 2024 complaint from Ryan Willoughby.
Staff, office bills, attorneys get paid out of a law firm's operating account. The trust account is where money for clients goes until it's sent to the client, minus attorney's fees. If money comes in for a client and that client is owed $100,000, the trust account should have at least $100,000 in it until that client gets his money. The trust account can't be handled as the operating account or a personal checking account can be handled.
Also, if you're an attorney and bounce a check on the operating account, the bank notifies you or your firm. Bounce a check on the trust account, the bank notifies the Florida Bar.
Xenia Hernandez
The Florida Bar
Hernandez represented Willoughby in a personal injury case that an insurance company settled for $41,723. That check was issued to Hernandez on Nov. 13, 2023. That day, the Florida Bar petition says, the Hernandez Law office reached out to Willoughby to tell him about the settlement and get a release signature. Hernandez put the $41,723 check in her trust account on Dec. 16, 2023, but the settlement money's train stopped before Willoughby.
Hernandez 'did not disburse the settlement proceeds in a timely manner,' the Bar petition said. 'Mr. Willoughby made numerous efforts to contact respondent to inquire about the settlement proceeds. [Hernandez] did not reply to these attempts.'
READ MORE: FIU investigating longtime law professor for 'inappropriate sexual conduct'
Willoughby filed his complaint on March 12, 2024. Hernandez filed a response with a closing statement that broke the money up in medical expenses ($4,687), her attorney's fees ($13,906) and the rest to Willoughby ($23,129). She said she had Willoughby's money in her trust account.
She gave the Bar a copy of a check to Willoughby dated April 3, but, the petition said, the check didn't reach his hands until April 29, 2024. Hernandez told the Bar that Willoughby moved to California and firm policy required he show up in person to get his money.
'This explanation was disingenuous, as Willoughby did not move to California until March 2024, four months after the insurance company issued his settlement check,' the Bar petition said.
Also, the Bar said, Hernandez didn't pay the $4,687 of medical expenses and still hadn't paid them as of April 21. She only 'partially complied' with subpoenas demanding trust account records and closing statements for 57 cases that got settled. That money should have gone into the trust account.
'The staff auditor's review of the available records revealed that [Hernandez's] trust account contained shortages ranging from $169,000.00 to $381,000.00,' from Nov. 1, 2023, through Dec. 31, 2024, the petition said. 'For example, on Feb. 2, 2024, [Hernandez] should have been holding at least $296,818 in her trust account for the benefit of her clients, including the $23,129 due to Mr. Willoughby. However, the balance in her trust account on that date was only $207, representing a shortage of at least $296,611.
'[Hernandez] used other clients' unrelated settlement proceeds to pay her obligation to Mr. Willoughby.'
Hernandez also, the petition said, made online transfers into her firm's operating account that didn't correlate with attorney's fees on the firm's accounting ledger while her trust account was short.
'In addition to her 'fees,' [Hernandez] was also paying individuals believed to be firm employees and firm operating expenses directly from the trust account,' the petition said. 'The bank records further revealed various payments from the trust account to unrelated companies for unidentifiable purposes.'
A bounced trust account check for $5,000 in October triggered another investigation and disciplinary file.
'The staff auditor identified periodic deposits from (Hernandez's) operating account back into the trust account,' the petition said. 'In the staff auditor's experience, this demonstrates an attempt by respondent to correct some of the shortages.'
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
New York Post
38 minutes ago
- New York Post
Virginia radio host Brandon Stokes arrested for allegedly trying to drunkenly enter crime scene
A beloved Virginia radio personality was accused of attempting to drive drunkenly through a crime scene where law enforcement was investigating an officer-involved shooting. Brandon Stokes, known by his stage name as 'Shaggy' on Virginia Beach's Z104, allegedly showed signs of intoxication as he tried to enter a closed-off area surrounded by law enforcement in Virginia Beach on Wednesday around 9:30 a.m., 13 News Now reported. At the time, the Virginia Beach Police Department blocked off the area when they were investigating an unrelated officer-involved shooting that happened the same morning. 5 Brandon Stokes was arrested on Wednesday and charged with DUI and obstruction of justice. Virginia Beach Sheriff's Office Officers reportedly fired at a suspect — identified as 18-year-old Shaun Marlar — who was holding a replica gun outside of a self-storage business, according to 10 WAVY. Marlar was allegedly attempting to break into a car at a daycare facility near the storage business when police confronted him. Authorities shot Marlar when the teen pointed the replica firearm. The 43-year-old radio personality, who owns a roller skating rink just feet away from where the shooting happened, said he had property nearby and insisted that he was 'allowed to drive through,' according to court records reviewed by the outlet. Officers repeatedly told Stokes that he could not enter, but the disc jockey would not take no for an answer. Stokes reportedly became 'belligerent' and slurred his words while cussing at the law enforcement officers on scene. 5 Stokes reportedly was trying to drive up to his business, a roller skating rink, near the crime scene. WTKR 3 One officer noticed a strong smell of booze on his breath and Stokes agreed to take a preliminary breath test. The results showed a reported blood alcohol concentration of 0.18, which is more than twice the legal limit in Virginia. Stokes was taken into custody. 5 Stokes is a morning show host for Z104. Courtesy 5 Stokes invited inmates to perform their work live in the studio nearly one year ago. Facebook/Virginia Beach Sheriff's Office He's since bonded out and the on-air personality was back in the studio to host his morning show the following day. 'THURSDAY – RUMOR IS IT'S GONNA RAIN TODAY,' the host captioned on an Instagram story posted Thursday. The video on his Instagram showed a quick look inside the studio. He later assured his fans that everything was okay in a short post on his DJ Facebook page. 'Promise you all is well.. I'm good. – happy Thursday,' the post read. 5 The DJ partnered with local law enforcement to promote a program that helped inmates create music last June. Facebook/Virginia Beach Sheriff's Office The Post reached out to Stokes and his radio station for comment. The DJ's arrest came nearly one year after he teamed up with the Virginia Beach Sheriff's Office to feature a program that allowed inmates to create original music. Marlar is in critical, but stable condition after the shooting. He was charged with two counts of assault on a law enforcement officer and three counts of brandishing. 'I don't know. My heart is broken. I don't know what to say about that. You know, I'm terrified for the people that he had an effect on, and I'm terribly sorry for what they've gone through, but super glad that nobody got hurt,' Marlar's dad told the outlet. 'He's got to know the consequences for what he has done and get some help. He is not a bad or mean person. He just struggles.'
Business Wire
an hour ago
- Business Wire
Allvue Systems Announces White Oak Management S.A. Is Live on Fund Administration Essentials Platform
NEW YORK--(BUSINESS WIRE)--Allvue Systems, a leading provider of cloud-based technology for investment managers and fund administrators, today announced that Luxembourg-based White Oak Management S.A. has officially gone live on Allvue's Fund Administration platform. White Oak Management selected Allvue to power its fund administration offering, enabling the firm to deliver streamlined operations, automated workflows, and superior reporting capabilities to its customers. As White Oak Management expands its footprint in Luxembourg's financial services landscape, Allvue's integrated, cloud-native platform provides the scalability and efficiency needed to meet the evolving demands of the alternatives markets. 'We chose Allvue because we needed more than just software — we needed a long-term technology partner with the ability to support our growing business in the region,' said Gabor Mocskonyi, Managing Director of White Oak Management. 'Allvue's robust reporting capabilities, operational flexibility, and seamless investor experience enables us to provide the level of service our clients expect as we scale.' 'White Oak Management is exactly the kind of partner we built Fund Administration Essentials for — a forward-thinking firm focused on delivering premium client service with operational excellence,' said James DiCostanzo, Head of the Fund Administration line of business at Allvue Systems. 'We're especially proud to support their growth in the Luxembourg region, where demand is rising for next-generation fund servicing capabilities.' The deployment also underscores Allvue's ability to support Transfer Agent operations — a critical pillar in fund administration. Allvue's capabilities empower firms like White Oak Management to manage investor information, account maintenance, and ongoing due diligence. The platform also supports capabilities related to transaction administration, as well as fund accounting, and investor relations. With Allvue, administrators can deliver a seamless and compliant investor experience, from onboarding to reporting. Allvue's Fund Administration platform is designed to help fund administrators scale to meet modern challenges through: Powerful fund accounting and general ledger tools Collaborative client portals and reporting dashboards Investment and investor management tools to meet Transfer Agent responsibilities Industry leading reporting capabilities A modern, API-first architecture for integration and growth 'This successful deployment further reinforces Allvue's commitment to supporting administrators across Europe with purpose-built solutions that accelerate growth, reduce operational risk, and elevate the investor experience,' said Iryan Clunis, Head of EMEA at Allvue Systems. To learn more visit About Allvue Systems Allvue is headquartered in Miami with locations globally throughout North America, Europe and India. Allvue is a recognized leader of cloud-based technology, AI, data, and services solutions for alternative investment managers in the private capital markets. Our integrated suite of software empowers firms of all sizes—including private equity managers, private debt managers, public credit managers, fund administrators, and banks —to streamline operations, enhance data accuracy, and drive superior investment decisions. Allvue has made deep investments in AI research and development as part of its commitment to innovation, which will enable clients to optimize workflows, automate processes, and gain deeper analytical insights across the entire investment lifecycle. White Oak Management S.A. is a Luxembourg-based firm offering bespoke family office, corporate, and administrative services. Founded with a client-centric philosophy, the firm is known for its rigorous service quality, regulatory compliance, and long-standing client relationships. Learn more at
an hour ago
Authorities investigating a new social media post by a New Orleans jail escapee on the run
NEW ORLEANS -- Authorities announced Thursday they are investigating another social media post, the second in a week, showing a man who identifies himself as Antoine Massey, a fugitive still on the lam after escaping more than two weeks ago from a New Orleans jail. The latest Instagram post, which appears to have been published Wednesday, shows a man standing in front of a blue car who says he is '#AntoineMassey' and has the same distinctive facial tattoos. Authorities are not sure when or where the photo reportedly showing Massey was taken. But they 'are treating the post as if it's real,' a senior law enforcement official said. The official spoke to The Associated Press on condition of anonymity because the official was not authorized to publicly discuss the ongoing investigation into the May 16 escape by 10 inmates. The group yanked up a faulty cell door, crawled through a hole in a wall behind a toilet where steel bars had been cut and then scaled a barbed wire fence using blankets for protection. It was one of the largest jailbreaks in recent U.S. history. State and local officials have heaped criticism on the management of Orleans Parish Sheriff Susan Hutson, who has largely blamed the jailbreak on poor infrastructure and the inability to make needed improvements at the 10-year-old $150 million facility. Eight of the escaped men have been apprehended, while Massey and another fugitive, convicted murderer Derrick Groves, remain on the run. In the Instagram post, the person claiming to be Massey states he is 'innocent.' Massey, 32, faces charges of kidnapping, rape, domestic battery involving strangulation and motor vehicle theft. 'We would encourage Mr. Massey to turn himself in and go through proper legal channels for his day in court,' said Deputy U.S. Marshal Brian Fair in an emailed statement. He added it was 'unknown at this time' if Massey posted the photo or when it was taken. Earlier this week, other videos made by Massey surfaced on social media, leading authorities to raid a New Orleans home a little over two miles (three kilometers) from the jail, where they believed the videos were produced. But they said they only found some of the clothing they believed he wore in the videos. Louisiana Governor Jeff Landry urged Massey and Groves on Tuesday to 'quit the hide-and-seek game' and turn themselves in.
