Click Below to READ Crystal Cox Pro Se Complaint. Yet it was dismissed by Corrupt Judges in collusion with Corrupt Lawyers. Still every word is TRUE to the absolute best of my knowledge and ability to express such.
http://ia601602.us.archive.org/4/items/gov.uscourts.nvd.92918/gov.uscourts.nvd.92918.1.1.pdf
The COURTS have Aided and Abetted Marc Randazza and his alleged Co-Conspirators
Friday, August 4, 2017
Ciklin Lubitz & O'Connell Managing Partner Alan Ciklin, brother of Judge Cory Ciklin, SUPPORTS Brian O'Connell and Ashley Crispin's actions. Landmark, Game Changing VERDICT West Palm Florida sends a message to ALL Florida Probate Court Attorneys, Judges and Guardians. NO MORE.
"Jury says attorneys for guardian mismanaged money of millionaire Texas oil man"
"Guardianship case came from courtroom of Judge Martin Colin,
featured in a Palm Beach Post investigation"
"Colin praised the attorneys in his courtroom, calling them honest and trustworthy"
“This first salvo sends a serious message not only to the predatory guardians and lawyers who have been exploiting families all over Florida for decades but especially to the probate judges without whose complicity these cases could never happen.”
"Advocates for guardianship reform clamored in vain for years that Florida’s system failed to properly protect incapacitated seniors, that its primary purpose had been perverted to line the pockets of greedy attorneys and professional guardians with the hard-earned life savings of the elderly.
"Advocates for guardianship reform clamored in vain for years that Florida’s system failed to properly protect incapacitated seniors, that its primary purpose had been perverted to line the pockets of greedy attorneys and professional guardians with the hard-earned life savings of the elderly.
 |
| Brian O'Connell |
Now they can point to a new federal verdict awarding a whopping $16.4 million in a lawsuit claiming that two West Palm Beach attorneys breached their fiduciary duties while running up “unnecessary and excessive fees” of $1 million.
“It’s really kind of a landmark case,” said Julian Bivins, who brought the suit as the personal representative of the estate of his father, Oliver, a Texas oil man.
“It sends a message to these unscrupulous lawyers and guardians that they are not going to be able to get away with it anymore.”
“It sends a message to these unscrupulous lawyers and guardians that they are not going to be able to get away with it anymore.”
The Bivins guardianship case emanates out of the court of Circuit Judge Martin Colin, the subject of an investigation by The Palm Beach Post into the judge’s conflicts of interest because his wife is a professional guardian.
Colin in open court had heaped praise on the attorneys who lost the case and refused to hold a hearing to decide whether the attorneys had “secretly” kept money from the sale of one of Oliver Bivins’ properties in an escrow account for more than a year, according to court documents.
The Post’s award-winning series featuring Colin, Guardianships: A Broken Trust, resulted in an overhaul of guardianship rules in Palm Beach County. Colin retired last December after he was transferred from the Probate & Guardianship Division because of The Post’s reporting.
Weeks after The Post published, Julian Bivins filed a motion to disqualify Colin, saying his concerns about the “close-knit atmosphere of the Guardians, their attorneys” and Colin had been “glaringly brought to light” in the stories.
The younger Bivins said he felt his father was “held captive” in South Florida by the guardianship so the attorneys could liquidate real estate assets — including a New York City Upper East Side mansion — and charge more fees.Colin granted an emergency order prohibiting the senior from returning to Texas.The jury found on July 28 that attorneys Brian M. O’Connell and Ashley N. Crispin of the Ciklin, Lubitz & O’Connell firm not only breached their fiduciary duty but committed professional negligence.
The lawsuit claimed they failed to get appraisals on two high-end New York City properties being divided among family. They were not of equal value and as a result, Julian Bivins ended up with one that was worth millions less than other.
The jury’s decision to award $16.4 million makes up the difference.
But the fight over the property is far less important to reform advocates than the fact that attorneys who carry out the wishes of professional guardians and are paid with the ward’s money were held accountable.
“This case in one of the longtime hotbeds of guardianship abuse is a tipping point,” said Sam Sugar, director of Americans Against Abusive Probate Guardianship.
“This first salvo sends a serious message not only to the predatory guardians and lawyers who have been exploiting families all over Florida for decades but especially to the probate judges without whose complicity these cases could never happen.”
Oliver Bivins died at age 97 in March 2015. He ended up in the court-ordered guardianship when he visited his condominium in Palm Beach in 2011 and a social worker became concerned with his well-being, according to court documents.
Oliver Bivins appeared to be coming to Florida for a weekend vacation, leaving his refrigerator in Texas fully stocked, plaintiff attorneys told the jury. His son said he often didn’t visit his Palm Beach condominium for years at a time.The verdict takes a further step toward re-establishing that attorneys are supposed to represent the incapacitated ward, not the court-appointed professional guardian — a position many lawyers have argued in court to thwart families trying to rein in a fee frenzy.
“If it wasn’t for me, they would have completely depleted my dad’s estate,” said Julian Bivins, who now lives in Palm Beach. “I’ve been fighting them from the beginning to just get him back to Texas. Finally, I got him back there 35 days before he passed away.”
As with many family members who challenge the status quo in guardianship in Palm Beach County, Julian said he found himself relentlessly attacked in court. He was even sued by one of the guardians in the case, Curtis Rogers.
The biggest toll, he said, though, was his relationship with his father as Rogers told the elder Bivins that his son only wanted his money. “He turned my dad against me,” Julian Bivins said. “I could never explain to my father how he was being held for ransom, how they wouldn’t let him go.”
The Ciklin firm said it is confident it can prevail on post-trial motions
in front of U.S. District Court Judge Kenneth Marra.
“We think the verdict was not in keeping with the law or the facts and, in fact, was considerably more than the plaintiff even asked for,” said Alan Ciklin, the firm’s managing partner. “We feel pretty good about our ability to have this reduced dramatically.”
Rogers, one of two professional guardians dismissed as defendants in the lawsuit, testified for more than two days at the trial. He told The Post he believes the younger Bivins financially took advantage of his father. “The verdict was a total shock to me,” he said. “I anticipated there was no way that type of verdict could be made.”
It may come as a shock to Judge Colin, as well.
Colin during a Feb. 3, 2016, hearing in the guardianship case bristled at the suggestion that the Ciklin Lubitz firm was not acting as a good custodian of Bivins’ assets.
The senior’s son questioned why the firm had failed to turn over $472,000 from the sale of his father’s commercial property in New York City, requesting Colin refer their actions to the Florida Bar or keep them from holding onto the money.
“The Ciklin Lubitz law firm has a well-earned reputation of honesty. And this is honesty,” Colin said in court. “Not for a moment do I have any concern because their reputation is well-earned in this respect.”
Colin denied Julian Bivins’ request without hearing any evidence but ordered the firm to return about $400,000.
An attorney for Julian Bivins filed a motion to disqualify Colin because of those statements, but the judge denied it.
“We never got anything done in his court,” Julian said. “We complained about the amount of the fees and he (Colin) cut them down 25 percent, but then we had to pay their fees for them to defend those fees. So they just made it back.” "
Guardianship Catch-22
It is in this Catch-22 that families often find themselves when trying to decide whether to fight unethical actions by a professional guardian: Either way they pay, and either way the lawyers’ wallets grow fatter.
The guardianship issue is being looked at by a task force formed by Florida Supreme Court Justice Jorge Labarga. The state Legislature established the new Office of Public & Professional Guardianship as a result of lobbying by advocacy groups and others about lawyers and guardians siphoning off fees.
Attorney Greg Coleman, past president of The Florida Bar, wrote to the work group in June to alert it to “inappropriate, improper and illegal activities of a very small number of Florida attorneys” practicing in the guardianship arena.
“Unfortunately, the way guardianship statutes and rules are currently constituted allows for a window of exploitation by bad attorneys and bad guardians for their own personal monetary gain,” said Coleman, who was not associated with the Bivins guardianship or any of the relating litigation.
Coleman said everything is moving in the right direction for seniors. “The issue has the (Florida Supreme) Court’s attention, I can tell you,” he said. “It is not something that is being ignored or swept under the rug.”
Oliver Wilson Bivins Sr. was an oil man whose family were pioneers in Amarillo, Texas. He visited his Florida condo infrequently.
Dominoes falling?
Sugar’s grassroots-group based out of Hollywood was the force behind legislative reform last year. He said the verdict in Bivins is a sign “the dominoes are starting to fall.”
Several years ago Sugar could barely get a conference with key Florida lawmakers. Now his group has spearheaded legislation and made guardianship an issue around the country. Sugar pointed to the recent federal indictment of a professional guardianship firm in New Mexico, charging the owners with stealing millions from seniors, as an example that justice could be done for these seniors.
Attorneys who represented the Bivins family — Charles D. Bavol and Ron Denman of The Bleakley Bavol law firm in Tampa — compared the trial to a climactic brawl from the movie Rocky.
The Ciklin defendants knocked out their expert witness and cited attorney-client privilege in refusing to turn over crucial emails between the Ciklin lawyers and the guardians.
The son’s testimony persuaded the jury, his lawyers said.
“What the defendants did in this case was wrong,” Denman told the jury. “It was legally wrong, what they did was ethically wrong, and what they did was morally wrong.”
Bavol and Denman said the verdict builds off a 2015 state court appellate finding out of Palm Beach County, ruling that the guardianship attorneys’ duty is to the incapacitated adult, not the professional guardian.
The 4th District Court of Appeal in recent years has reined in circuit courts in Palm Beach County that reform advocates say patently favor professional guardians and their attorneys. Still, advocates such as Sugar say they hear about abuses almost daily in the guardianship courts.
Bavol and Denman said the verdict underscores
the need for accountability from guardians and their lawyers.
“Based on this significant jury verdict and the ongoing investigative journalism in Southern Florida concerning professional guardianships, the need for reform of the guardianship system to protect Florida’s elderly citizens is again underscored,” the lawyers said in a news release."
Source of Article and Lot's More
http://www.mypalmbeachpost.com/news/jury-hits-lawyers-with-for-doing-senior-wrong-guardianship/6CnikAZ7x3K9z960lz09BN/
Regardless of What Move managing Partner Alan Ciklin, brother of Judge Cory Ciklin, want to make next, It is DONE. There is a Path to Justice cleared now and HOPE for the Victims of attorneys and guardians such as Brian O'Connell and Ashley Crispin.
Also NOTE that Florida Supreme Court Justice Jorge Labarga is the top of the Florida Corruption Food Chain, just look at the iViewit Patent Theft Case and Proskauer Rose and the gang.
http://deniedpatent.blogspot.com/search?q=Labarga
Also NOTE that Florida Supreme Court Justice Jorge Labarga was Judge Martin Colin's MENTOR "He finds a great camaraderie among the Judges in this Circuit and considers Judge LaBarga to be his mentor. " As Seen at the Link Below
http://www.palmbeachbar.org/judicial-profiles/judge-martin-colin/
Thursday, August 3, 2017
Max Sound's RICO attorney, Professor G. Robert Blakey the author and nation's foremost authority on the Racketeer Influenced and Corrupt Organization Act (RICO),
"SAN DIEGO, CA--(Marketwired - July 26, 2017) - Max Sound Corporation (MAXD) (OTC PINK : MAXD) provides the following update regarding the Attia litigation against Google, Flux Factory, Larry Page, Sergey Brin and other related defendants.
On July 25, 2017 Law firm Buether Joe & Carpenter LLC filed a Fourth Amended Complaint against Defendants Google, Inc., Flux Factory, Inc., Larry Page, Sergey Brin, Sebastian Thrun, Eric "Astro" Teller, Michelle Kaufmann, Jennifer Carlile, Augusto Roman, Nicholas Chim, and DOES 1-100. The fourth amended filing is a Motion for Leave to add Racketeering Influenced and Corrupt Organization Act (RICO) pursuant to 18 U.S.C. §§ 1961, et seq.
Download the filing from the court here: Amended Complaint or download entire motion from BJC here: Share File
 |
| G. Robert Blakey |
Max Sound's RICO attorney, Professor G. Robert Blakey the author and nation's foremost authority on the Racketeer Influenced and Corrupt Organization Act (RICO), teaches criminal law and procedure, federal criminal law and procedure, terrorism, and jurisprudence at Notre Dame Law School.
Prof. Blakey's extensive legislative drafting experience resulted in the passage of the Crime Control Act of 1973, the Omnibus Crime Control Act of 1970 and the Organized Crime Control Act of 1970, Title IX of which is known as "RICO". He has been personally involved in drafting and implementing RICO-type legislation in 22 of the more than 30 states that have enacted racketeering laws. He frequently argues in or consults on cases involving RICO statutes at both the federal and state levels, including several cases before the United States Supreme Court.
Read more: Professor Blakey Bio and CV
Read more: Professor Blakey Bio and CV
"We continue to pursue claims to seek justice for all inventors who have been harmed by Google's standard pattern of bad practices," states John Blaisure, Max Sound's CEO.
The amended filing in the Motion for Leave alleges the following:
1. MISAPPROPRIATION OF TRADE SECRETS
2. BREACH OF CONTRACT (ISA/SOW)
3. DECLARATORY RELIEF
4. RACKETEERING (18 U.S.C. §§ 1961, et seq.)
Background of the Attia vs. Google case:
In May 2014, MAXD entered into a representation agreement with world renowned architect Eli Attia giving MAXD the exclusive right to pursue claims on his behalf against violators of Attia's intellectual property rights.
The lawsuit was filed on December 5, 2014, in the Superior Court of California, County of Santa Clara, against Google, its co-founders Sergey Brin and Larry Page, Google's spinoff company Flux Factory, and senior executives of Flux alleging among other causes of action misappropriation of trade secrets and breach of contract. The lawsuit contends that Google and the other Defendants stole Mr. Attia's trade secrets, proprietary information, and know-how regarding a revolutionary architecture design and building process that he alone had invented, known as Engineered Architecture which Google called Genie before it changed the name to Flux.
Defendants engaged Attia in 2011 to translate his architectural technology into software for a proof of concept, based on decades of his life's work with the goal of determining at that point whether to continue with full-scale development of Attia's project. The lawsuit alleges that once Attia had disclosed the trade secrets and proprietary information which Google needed to bring the technology to market, they severed ties with Attia and continued to use his technology without a license and without compensation in order to bring the technology to market without him. Google valued the project at $120 billion dollars a year. Google later spun-out the business, and the new company was renamed Flux Factory. Flux Factory is substantially funded and has grown according an interview with one if its founders to 800 employees.
Plaintiffs seek a permanent injunction against the defendants, punitive damages, and restitution.
About Professor G. Robert Blakey: George Robert Blakey is an American attorney and law professor. He is best known for his work in connection with drafting the Racketeer Influenced and Corrupt Organizations Act and for scholarship on that subject. Prof. Blakey has considerable expertise in federal and state wiretapping statutes as well. He helped draft and secure passage of Title III on wiretapping of the federal 1968 Crime Control Act, and has been personally involved in drafting and implementing wiretapping legislation in 39 of the 43 states that have enacted such laws."
Source and Full Article
Source and Full Article
Click Below to Read Full Complaint
https://drive.google.com/file/d/0Bzn2NurXrSkiQ1ZZMG9kLWRHTm8/view?usp=sharing
https://drive.google.com/file/d/0Bzn2NurXrSkiQ1ZZMG9kLWRHTm8/view?usp=sharing
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