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Hindustan Times
6 days ago
- Politics
- Hindustan Times
Judge considers whether Florida's attorney general should be held in contempt over immigration law
MIAMI — A federal judge heard arguments Thursday on whether Florida's attorney general should be held in contempt or sanctioned for not following her order prohibiting the enforcement of a new state law making it a misdemeanor for people in the U.S. illegally to enter Florida. U.S. District Judge Kathleen Williams didn't make an immediate decision following an almost two-hour court hearing. Attorney General James Uthmeier didn't attend the court session in Miami. The federal judge had specified in a ruling last month that her temporary restraining order against enforcing the Florida law applied to all of the state's local law enforcement agencies. She later noted that there was a substantial likelihood that the Florida law would be found unconstitutional. But Uthmeier sent out an April 23 letter to Florida's law enforcement agencies saying that he couldn't prevent law enforcement officers from enforcing the law 'where there remains no judicial order that properly restrains you from doing so.' 'As set forth in the brief my office filed today, it is my view that no lawful, legitimate order currently impedes your agencies from continuing to enforce Florida's new illegal entry and reentry laws,' he said in the letter. Dozens of people, including a U.S. citizen, have been arrested under the law. Uthmeier has appealed the judge's order to the 11th Circuit Court of Appeals in Atlanta. Uthmeier, a former chief of staff to Ron DeSantis, was appointed to the position by the Republican governor after then-state Attorney General Ashley Moody was picked to fill the U.S. Senate seat vacated by Marco Rubio, who was nominated to be President Donald Trump's secretary of state. In court papers, Uthmeier said he was merely notifying local law enforcement agencies in the letter that he had filed a court brief that held a legal view disagreeing with the judge's order. He had obeyed the judge's order by notifying local law enforcement agencies in an April 18 letter that they couldn't enforce the law while the court case proceeded, according to Uthmeier's court filings. 'There is no basis for contempt or sanctions,' Uthmeier said. 'Interpreting an order to prohibit a state attorney general from disagreeing with a federal order — while following it — would also be an extraordinary, first-of-its-kind assertion of federal judicial power, implicating grave constitutional concerns.' Attorneys for immigrants' rights groups that challenged the Florida law said it was unacceptable that the attorney general's letter 'encouraged arrests that he fully understood were specifically prohibited.' Even if Uthmeier's arguments are taken at face value, that he was merely stating his legal position, he has done nothing to clear up the confusion despite given ample opportunities, said lawyers for the immigrants' rights groups. They said the options the judge could consider include financial sanctions and referring Uthmeier's conduct to the Florida Bar for disciplinary proceedings or to federal authorities for prosecution. 'Considered objectively and in the context of the earlier letter, the Attorney General's second letter plainly undermined the notice he was directed to provide, and invited arrests which he knew would be violations of this court's order," the immigrants rights' lawyers said in court papers. "That is quintessential contempt of court.' Follow Mike Schneider on the social platform Bluesky: @
Miami Herald
13-05-2025
- Business
- Miami Herald
Misappropriated funds. Working while disbarred. Miami metro lawyers disciplined
Bad behavior and questions about where client money went added up to five South Florida attorneys on the monthly list of lawyers disciplined by the state Supreme Court. Disciplinary revocation, which the state Supreme Court calls 'tantamount to disbarment' when it grants the petition, lets the attorney throw in the towel on any pending discipline matters. The lawyer is disbarred for five years. The disciplinary cases go away, but it does nothing to any criminal or civil matters from those actions. In alphabetical order: David Bernstein, Coconut Creek Bernstein was admitted to the Florida Bar in 1994, but in 2025, apparently cared only enough to tell the Bar he didn't care about being a lawyer anymore. He petitioned and received immediate disciplinary revocation and can request to be readmitted after five years. Disciplinary revocation was the logical move with 15 Bar complaints pending. One Bar filing against Bernstein comprises five complaints from 2018 and 2019, three in which he's alleged to have 'entered into a fee agreement with a client and did not provide the agreed services and that [Bernstein] and his staff failed to properly communicate with the client;' one that says Bernstein didn't answer Bar inquiries; and one in which he's accused of doing all of the above. Most of the other 10 Bar filings are some form of money for nothing, including one case during which Bernstein allegedly not only didn't do that for which he'd been paid, but didn't tell the client when he got suspended for a year, 'instead advising that he was closing his office due to illness.' Bernstein can become a full attorney again in February 2030. Xenia Hernandez, West Miami-Dade A Florida Bar audit of personal injury lawyer Xenia Hernandez's trust account says Xenia Hernandez Law not only took its time giving clients their settlement money, but seemed to be using that money for other purposes. That's a no-no with trust account money, and Hernandez got hit with an emergency suspension on April 25. READ MORE: A Miami personal injury attorney misappropriated up to $381,000, Bar says Hernandez joined the Bar in 2017 after graduating from Ave Maria School of Law in 2016. The office space occupied by Xenia Hernandez Law, 6923 NW 77th Ave., is now occupied by Florida Injury Solutions and the Xenia Hernandez Law phone number is on the Bar profile of Siobhan Bonilla, Ave Maria Law 2017. Bonilla's LinkedIn profile says 'Sibby B.' became 'Principal Attorney' at Florida Injury Solutions in April, the same month the state Supreme Court decided on Hernandez's emergency suspension. READ MORE: Coral Gables-based Florida Bar president accused of misappropriating $625,000 Suzanne Mandich, West Palm Beach West Palm Beach's Suzanne Mandich (admitted in 2013) said in the case that earned her suspension 'the depth of her empathy took her from sympathetically understanding the client's plight to the more emotionally intertwined 'active sharing in the suffering person's emotional experience,' which clouded her judgment.' Mandich's guilty plea for consent judgment also admits she behaved badly during a deposition during this custody fight. Mandich represented the father, a client she described as a 'poorly-educated,' 'indigent,' and 'technologically handicapped.' The court ordered him to complete an online parenting course. He paid twice and failed to complete the course twice. So Mandich had her assistant complete the course for the client, then filed notice of course completion. The client testified during a deposition that he'd completed the online course, Mandich let stand what she knew to be a lie. She wasn't the only one who knew about the lie — the mother had emails 'coordinating completion of the course by the assistant.' Mandich ended the deposition. 'The record reflects the deposition had become contentious by that point, with [Mandich] telling the mother not to touch her on at least two occasions during the deposition,' Mandich's guilty plea said. She made the father complete the course on his own and decided to no longer accept child custody cases, 'acknowledging her inability to detach her emotions from her representation.' Mandich's 91-day suspension starts May 24. Thomas Neusom, Fort Lauderdale In February, Fort Lauderdale's Thomas Neusom (admitted in 2007) started a two-year suspension for a series of inept filings. During the process that ended in that suspension, Referee Ginger Learner-Wren called Neusom's behavior during a hearing on his motion to dismiss 'obstructive and unethical:' said he blew deadlines on providing a witness and exhibit list; and, finally, didn't show up at the final hearing. 'The cumulative nature of [Neusom's] contemptuous conduct makes it evident that [Neusom] does not value his privilege to practice law,' the Florida Bar argued. The state Supreme Court agreed and disbarred Neusom. Gregory Pillon, Miami Miami's Gregory Pillon pleaded no contest in Marion County to obtaining a mortgage by false representation in 2007. Knowing he'd be disbarred after the discipline process played out, Pillon tendered a disbarment on consent application, which was accepted in 2009. Being disbarred doesn't prevent someone from working under a supervising attorney, although it can't be a lawyer the disbarred attorney once supervised, and they're restricted as to what tasks they're allowed to handle. Pillon didn't obey those, admitting 'he continued to work with another lawyer as an independent contractor, without filing the required annual reports to the Bar as an employed disbarred attorney.' Also, he had 'direct client contact' with a client buyer in 2022 and 2023. That's a no-no. Pillon, 78, petitioned for disciplinary revocation without leave to reapply. He's now doubly disbarred.
Miami Herald
06-05-2025
- Business
- Miami Herald
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@ 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.'
Business Journals
22-04-2025
- Business
- Business Journals
Florida Bar President Roland Sanchez-Medina Jr chats AI, talent challenges and industry headwinds
In a candid conversation, Roland Sanchez-Medina Jr. reveals how the state's largest legal organization is adapting to artificial intelligence and the demands of a new generation of lawyers. Story Highlights Roland Sanchez-Medina Jr. discusses leading Florida Bar amid technological changes. The podcast explores AI's impact and young lawyers' expectations in law. Florida Business Minds features conversations with regional business leaders. When Roland Sanchez-Medina Jr. stepped into his role as President of The Florida Bar, he didn't just inherit tradition — he embraced transformation. In the latest episode of the Florida Business Minds podcast, recorded April 2, Sanchez-Medina sits down with South Florida Business Journal Editor-in-Chief Mel Meléndez to discuss what it means to oversee an organization with over 114,000 attorneys through one of the most pivotal eras in legal history – where artificial intelligence is writing motions, hybrid work is the norm, and client expectations are higher than ever before. Listen to the free podcast where Sanchez-Medina chats about: The Bar's oversight functions and how it regulates the practice of law The positive and negative impacts of ever-changing technology on the sector The growing challenge of regulating the ethical use of artificial intelligence by lawyers What needs to be done to attract and retain young lawyers in a post-Covid world Sanchez-Medina also shares what prompted him to seek law as a career, his take on where the legal field is headed, how to get there with integrity and innovation, and more. Sponsored by TECO Peoples Gas, the Florida Business Minds audio series features candid conversations with business leaders from the South Florida, Tampa Bay, Orlando and Jacksonville regions. Find more Florida Business Minds podcasts here.
Miami Herald
17-04-2025
- Business
- Miami Herald
Coral Gables-based Florida Bar president accused of misappropriating $625,000
A complaint filed with the Florida Bar alleges that Bar President Roland Sanchez-Medina misappropriated $625,000 in a real estate transaction. The Florida Bar acknowledged to the Miami Herald an open complaint regarding Sanchez-Medina, who denies any wrongdoing. 'I categorically and unequivocally deny misappropriating $625,000,' Sanchez-Medina said in an email to the Miami Herald. 'I have responded to the complaint denying the accusation.' Sanchez-Medina's responses reference three different answers he has given about the money: paid to one company, sitting in his law firm's trust account, paid to another company. Sanchez-Medina works out of SMGQ Law, a Coral Gables firm that gets its first two letters from 'Sanchez-Medina.' He joined the Bar in 1992, has served as Cuban American Bar Association president and, last June, was sworn in as Florida Bar president. MORE: As the latest Florida Bar president, this Coral Gables lawyer champions mental health Beyond stating the complaint was open, the Bar didn't disclose the status of the investigation. But, Sanchez-Medina has been asked for financial data and bank records. Klip, Sherman Campbell, a place in the Keys and $625,000 The complaint filed Nov. 15, 2024, by Homestead's Christos 'Nicko' Christidis concerns Sanchez-Medina's conduct during a July 2018 commercial real estate deal between Klip, LLC and Robert Morgan III's Sherman Campbell, LLC. That led to a plethora of civil lawsuits in addition to the Bar complaint. State records at the time listed Christidis' Somia LLC as Klip's manager and William Holly's TYG, LLC as an authorized member of KLIP. KLIP was buying an insurance business, Underwriters Inc., as well as a two-story commercial building at 102481 Overseas Hwy. in Key Largo for $1.4 million from Morgan's company. Christidis' complaint says Sanchez-Medina, while acting as KLIP's attorney, held $625,000 of the real estate deal's $1.4 million in his trust account, but never turned it over to Morgan. Christidis and Morgan, in a Miami-Dade lawsuit against Sanchez-Medina and Holly, said that money never made it to Morgan. The lawsuit accused Sanchez-Medina and Holly of lying by 'stating verbally and in First Closing Statement, drafted by [Sanchez-Medina], on July 13, 2018 that the $625,000.00 was an escrow holdback that would be released to [Morgan] upon the closing of the sale of the asset purchase agreement...' Christidis' complaint says Sanchez-Medina wired $539,021 of the $625,000 to Belgium's Bercom, a company owned by Holly partner Jacques Barrabi. Sanchez-Medina's Jan. 7 response to the Bar complaint, authored by Smith, Tozian, Daniel & Davis' Gwendolyn Daniel, denied Sanchez-Medina represented KLIP in the transaction. Also, it says the $539,021 came from Berrebi's Actis Miami Corp (principal address: SMGQ's Alhambra Circle law office) and 'pertained to a separate transaction.' 'As Mr. Christidis well knows, the $539,021 is not related to the $625,000, which is still being held in trust.' That was filed Jan. 7. That's not what Sanchez-Medina's side stated on Feb. 11. Where does Sanchez-Medina say the money is? A section of the Jan. 7 answer, headlined 'The $625,000 Buyer's Holdback remains safeguarded in SMGQ's Trust Account' discusses what Sanchez-Medina said during a 2023 deposition. Pointing out the time gap between the 2018 original deal and the 2023 deposition, Sanchez-Medina's lawyer wrote he 'had not refreshed his recollection regarding the KLIP transaction that had occurred almost five years earlier, and when asked by Mr. Christidis' lawyer (Nathan Clark), Mr. Sanchez-Medina incorrectly believed that the $625,000 had been disbursed to KLIP.' 'Subsequently, Mr. Sanchez-Medina confirmed that the $625,000.00 has remained safeguarded in trust and has not been disbursed due to the ongoing disputes that are subject to active litigation.' But, Morgan's amended lawsuit includes a Feb. 11 correction by Sanchez-Medina written by his attorney. 'Regrettably, after reviewing additional documentation, Mr. Sanchez-Medina has realized that the funds were disbursed shortly after the 2018 closing, at the direction of William Holly, a 50-50 member of KLIP,' the response says. 'On July 26, 2018, Mr. Holly, who had executed the closing documents on behalf of KLIP, directed Mr. Sanchez-Medina to issue a cashier's check in the amount of $687,130.71 to the Broward County Property Appraiser's Office for the benefit of JB Green. 'Mr. Holly's check in the amount of $62,130.71 was deposited into Mr. Sanchez-Medina's trust account on July 27, 2018,' the response continued. 'This amount was combined with the $625,000 hold back amount to cover the cashier's check in the amount of $687.130.71. Mr. Holly was a partial owner of JB Green and Mr. Christidis managed the building owned by JB Green.' Also, the Feb. 11 response said, Sanchez-Medina looked at the asset purchase agreement again and that 'refreshed his recollection that six years ago his firm represented KLIP in the potential acquisition of the insurance assets.' But, he says, 'he did not provide legal services involving KLIP' nor did he receive any attorney's fees 'related to the closing' from anyone.
