Wednesday, December 21, 2016

Winter Solstice 2016


  • Here's a list of the firms that applied to be considered for the position of counsel to the Stadium Authority. [RJ]
  • Here's a look at one family affected by Robert Graham. [KTNV]
  • Paul Hejmanowski got his client a $28.7 million judgment against Bishop Gorman high school. [RJ]

40 comments:

  1. Graham, Graham, Graham.

    Here's another esteemed member of the bar who was charged for crimes that occurred as far back as 2007.

    State of Nevada vs William Errico (Bar Number: 6633)
    Case Type: Felony/Gross Misdemeanor
    Date Filed: 06/26/2015
    X-Reference Number: C307611

    How can it possibly take this long??

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    1. Wow I represented a client in a Fee Dispute against Errico in around 2009-2010. Errico didn't even bother showing up for the Fee Dispute. We learned this was his 4th fee dispute and he never showed up because he figured that the SBN had no authority.

      Based upon the ODYSSEY record in that case (where Errico has asserted that he is not mentally fit for trial), not sure where that one is going.

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  2. "I never stopped to think of it before, but you know -- a policeman will jest stand there an let a banker rob a farmer, or a finance man rob a workin man. But if a farmer robs a banker -- you wood have a hole dern army of cops out a shooting at him. Robbery is a chapter in etiquette." -Woody Guthrie

    If a black man or a latino robbed $300 from a gas station in North Town this morning, his ass would be booked in the Clark County Detention Center before lunch. But apparently, you can steal $13M from the disabled and elderly and still roam the streets of Las Vegas as a free man, at least for a few weeks. Someone from the crimlaw side care to explain how this is even possible?

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    1. What if a white man robbed $300 from a gas station in North Town this morning?

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    2. Said white man would be re-robbed before he made it 5 blocks.

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    3. If a black man or a Latino robbed $300 from a gas station, they would have to find said person and only once they found said person would they be booked and then they would be bailed. Said person would ultimately be charged and processed through the court system and would get a state sentence of a few years. Mr. Graham is facing far more time than your gas station robber.

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    4. Why does 8:38's hypothetical gas station robber have to be black or latino? Is the hypothetical black/latino gas station robber treated differently from Graham? Sure, the all circumstances of the respective situations are completely distinguishable. Would the black/latino gas station robber be treated differently from a hypothetical white gas station robber? Very likely not, if the remaining circumstances are substantially similar.

      8:38 loses. See, not everything is about race.

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    5. 10:49-- c'mon if we don't start a race fight on here, we are going to be stuck hypothesizing that the 8:38 gas station robber was LDS and fighting about that.

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    6. There is higher incidence of overt racism among blacks than there is among whites. Discuss.

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    7. How about we pivot away from the incendiary stuff in this thread and focus on what type of prison time might loom (I'm not a criminal attorney). Are we talking a lot of years? Shouldn't he be freaking out about that?

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    8. Somebody did a Point Analysis in the Federal System based upon $13MM in Intended Loss, plus number of victims, plus Sophisticated Means and Key Player and said that it came out between 17-22 years. I suspect in the Federal System that you could look at what Leon Benzer got (who rolled over) and got I think 15 years. Obviously state would be harder, but shorter, time.

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    9. And this is going to get a lot worse before it gets better. $13 million is the accepted figure being bandied around, but keep in mind the State Bar, so far, has only audited about 50 of the more than 150 files. Two out of every three files have not yet been evaluated. If the ones which have not yet been reviewed vaguely reflect the same losses of the one third which has been reviewed, the losses will be about $40. million. Such a staggering sum. Much of it must be rat holed somewhere. It is nonsense to think that even a fraction of such huge amount was expended to meet the monthly differential between over head and fees generated for a given month. We should not be surprised if his strategy is to serve a few years, and then upon release access the stashed money. But even if it's currently in accounts in names of family members or others, diligent investigation should be able to locate it. He seems to be doggedly maintaining the approach it was all spent. So, he may have delusions of being willing to serve a few years, and then upon release becoming a very rich man who never has to work again. I know it sounds convoluted, delusional, and illogical, but it almost seems like that may be his so-called strategy. Unless he is offered a real inducement and motivation(such as years shaved off the sentence if a large portion of the funds are revealed and recovered) I think he will maintain the nonsensical representation that it is all spent, and that nothing exists except the $100,000. or so that was seized from the one account.

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    10. 2:28,

      But if that were your plan, wouldn't you leave the country before anyone figured out what was going on? And if you were going to stay, wouldn't you use the money to keep the fraud going?

      I don't know how the money is gone, but it's gone. The guy was giving away furniture to his staff in lieu of payroll. Graham had a few side businesses. Maybe those at up the cash.

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    11. Good point 2:28 PM. However, word around the probate bar has been that he lived well above his means for many many years and it just caught up with him when ordered to pay one party/estate the million dollars owed. This may sound like a staggering amount of money but remember he blasted the airwaves every day. He had a large staff. The guy simply robbed estates and when the scheme ran dry he folded. Apparently, the fees and cash flow was insufficient to run the business and his lavish lifestyle. The amount of fees he was generating were a mere fraction of what he stole. I do agree if there is any money left he will use it as a bargaining chip. This will take some time to unravel.

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    12. 1:23; Based on prior history over the last 20+ years, I wouldn't bet that he does any substantial time. History has shown repeatedly the pattern of attorney steals from clients; alleges that it was because the were addicted to (drugs, alcohol, gambling, sex, pick your vice of choice) and therefore it's not their fault; large segments of the bar circle the wagons to protect their fallen child (the hell with the true victims whose only fault was trusting the attorney); after much hand-wrangling about how the attorney will survive this; a plea is negotiated; attorney gets probation in most cases (short jail possible); attorney gets licensed suspended for a short period; attorney given clean bill of health and again set upon the unsuspecting public.

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    13. Said bank robber, irrespective of race, doesn't leave a years-long paper trail of financial transactions that need to be traced before he can be charged. When Graham is arrested, and I'm confident he will be, I want the prosecutors to have their ducks in a row and their shit together. If this takes another month or two or three, then so be it. The fact that he's giving interviews to the media and pulling this lame-ass transfer of property to his wife tells me that he probably doesn't have an elaborate escape plan in mind.

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  3. Slow week before Christmas. Can we get some juicy topics going? Anything but Graham...

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  4. Counsel for the Stadium Authority? My money is on Marquis Aurbach Coffing. I wonder if their application included a picture of Al's dog in a bowtie.

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    1. With or without Al's dog, MAC definitely has the team to properly handle the work.

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    2. MAC is not in any manner qualified to do this work.

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    3. Why would MAC be qualified? What stadium development deal did they work on? Are there any local firms that are qualified, without bringing in guns from other areas? And is work still so hard to find that they would try for this anyway?

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    4. At least Kolesar had the good sense to partner with an international law firm. Not qualified at all on their own. But, local presence plus a heavyweight bench makes the most sense.

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    5. It appears that MAC partnered with a large firm that handled several stadium deals

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    6. What makes Tisha Black and LoBello qualified in any way?

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    7. Tisha Black and LoBello aren't qualified to walk my dog.

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    8. Late toiling associate reply... How about the ghosts of LSC over at Fennemore Craig? Didn't FC-Phoenix have some work on Chase Field and University of Phoenix Stadium? I work in an office where the senior partners are always telling old war stories about how Lionel Sawyer Collins ran this state back in the day. Wouldn't surprise me at all if Sheldon has the final say in what firm gets the gig. If so, it won't be Pisanelli & Bice ! not that they applied anyway! Fuck...I need to get a life! This lawyer shit sucks!

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    9. Since Sheldon is putting up his own money and as I understand the financing, isn't getting repaid by the increase in hotel taxes (unlike the bonding by the state), he should have a decent say in the vendors that get the contracts. $650M ain't chicken feed!

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  5. Every time I read one of Graham's prepared statements it makes me ashamed that I'm a member of the same bar as him. It's a bunch of mealy-mouthed drivel that clarifies nothing about why money would be missing from his trust account. Sure, your firm went out of business, but every penny in your trust account should be accounted for because it's not your money. Just own up to it and take your punishment like a man.

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    1. Agree. He should stop talking.

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    2. I can't believe Graham's counsel allowed him to shoot his mouth off. Exactly how did Graham get access to the inheritance owed to the heirs. Was he the Administrator of these estates? Trustee of the trusts? Maybe there needs to be a requirement that the money be placed elsewhere and require a probate order to get it.

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    3. Graham's counsel did not know or approve of Graham's interview with the R/J or Affidavit filed in Macknin. (and Linda Graham's counsel did not know she allegedly spoke with Channel 3). As commonly happens in criminal defense of attorneys, the target has a mind of his own to control his own defense because that is what he has been doing for so long.

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    4. Yeah, I can't imagine how lawyers like Bill Terry keep their sanity representing lawyers. That's gotta be the toughest gig going....bet they bitch loudest about the bill, too.

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  6. what happen at the bK hearing? Did a trustee get appointed? Who is it?

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    1. I'm not sure what happened at the hearing; hopefully they'll get Shapiro appointed - he's a damn good trustee for going after assets. The RJ article says that Sam Schwartz is Graham's bankruptcy attorney. (http://www.reviewjournal.com/crime/courts/attorney-graham-transfers-955k-home-wife-clients-look-recover-funds)

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  7. I swore I thought I saw a twin of Judge Scann. Miss her. What a class act. Wish more judges were more like her.

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    1. That is a true statement on multiple levels.

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    2. Amen. Didn't appear in front of her more than once or twice, but represented co-defendants on a case once.

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  8. Googled something and it turned out Cassady has purchased AdWords about Graham to state "Cassady Law Offices has taken over Graham's cases." Way to twist the state bar appointment, I think they were just given the files but the clients get to decide where to go, right?

    I know people are sick of this story but this is having a reputational impact on all of us.

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    1. It is odd to me that they would turn the entire book over to Cassady, a high volume advertiser like Graham, when it would make more sense to ask some of the really high caliber trust and estate lawyers to help on a pro bono basis each taking some of the cases so they can get the immediate and expert attention they need. I bet they would pitch in.

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    2. I am an associate in of of those "high caliber" firms, 8:17 AM. That is exactly what has happened. Everyone in the probate bar has taken on several cases, especially estate litigators. The Cassady's simply acted to place cases and triage at the very beginning of the crisis. They've done a tremendous service to our profession and the LV community. I find it troubling that they are being attacked here. They've given countless hours to this project without compensation, with very little sleep, on top of managing their own practice and their family. Brandi and Jasen are heroes to me.

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