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    May 21

    Florida SUPREME COURT DISCIPLINES 28 ATTORNEYS

    SUPREME COURT DISCIPLINES 28 ATTORNEYS
    2009-05-06 00:58:00

    The Florida
    Bar, the state's guardian for the integrity of the legal profession, announces
    that the Florida Supreme Court in recent court orders disciplined 28 attorneys,
    disbarring 10, suspending 16 and placing two on probation. Some attorneys
    received more than one form of discipline. Two attorneys were reprimanded. Two
    were ordered to pay restitution.

    As an official agency of the Florida Supreme
    Court, The Florida Bar and its Department of Lawyer Regulation are charged with
    administering a statewide disciplinary system to enforce Supreme Court rules of
    professional conduct for the 86,000-plus lawyers admitted to practice law in
    Florida. Since Aug. 1, 2007, case files
    have been posted to attorneys'
    individual Florida Bar profiles and may be reviewed at and/or downloaded from
    The Florida Bar's Web site, www.floridabar.org.

    The following lawyers
    are disciplined (Please note that court orders are not final until time expires
    to file a rehearing motion and, if filed, determined. The filing of such a
    motion does not alter the effective date of the discipline):

    James Harutun
    Batmasian, 215 N. Federal Highway, Suite 1, Boca Raton, suspended for three
    years, effective retroactive to Aug. 30, 2008, following a March 5 court order.
    (Admitted to practice: 1974) In April 2008, Batmasian pleaded guilty in federal
    court, to one count of willful failure to collect or pay over tax, a felony. He
    was sentenced to eight months imprisonment, followed by two years of supervised
    release and penalties of $30,000. (Case No. SC08-1445)

    Daniel Antonio Benito,
    2423 SW 147th Ave., No. 362, Miami, suspended until further order, following a
    March 3 court order. (Admitted to practice: 1997) According to an emergency
    suspension order, Benito appeared to be causing great public harm by
    misappropriating and/or diverting client funds entrusted to him. In one
    instance, a client sent $80,000 to Benito to be held in trust for the purpose of
    funding a marital settlement agreement. When the settlement did not materialize,
    the client demanded the return of the funds and Benito refused, claiming he was
    entitled to them for attorney's fees. (Case No. SC09-372)

    Roger Besu, 233
    Palm Ave., Miami Beach, suspended until further order, following a Feb. 5 court
    order. (Admitted to practice: 1974) According to an emergency suspension order,
    Besu appeared to be causing great public harm by misappropriating and/or
    diverting client funds entrusted to him. In October 2008, a client filed a
    complaint with The Florida Bar, alleging that Besu was holding more than $3.5
    million of his money in escrow and he had not been able to reach Besu by
    telephone or at his office. Besu did not respond to a Bar subpoena. An audit
    revealed nearly $2 million was missing from a trust account that he
    controlled.(Case No. SC09-187)

    A. Clark Cone, 8607 Wendy Lane E., West
    Palm Beach, suspended until further order, following a March 19 court order.
    (Admitted to practice: 1981) According to an emergency suspension order, Cone
    appeared to be causing great public harm. The Florida Bar's investigation found
    that in several instances, Cone misappropriated client funds. After settling a
    personal injury case, Cone asked a client to endorse her $38,940.38 settlement
    check. Cone then deposited the money into his trust account and converted it to
    his use. (Case No. SC09-474)

    Katherine Denise Crase, 2804 W. Aquilla St.,
    Tampa, suspended effective 30 days from a Feb. 25 court order. (Admitted to
    practice: 1991) In July 2008, Crase was found guilty of seven felony counts of
    conspiracy and mail fraud. She was sentenced to 30 months in prison. (Case No.
    SC09-339)

    Joseph R. De Lucca, 5089 Greenwich Preserve Ct., Boynton Beach,
    suspended until further order, following a March 11 court order. (Admitted to
    practice: 1971) According to an emergency suspension order, De Lucca appeared to
    be causing great public harm by misappropriating client trust funds or property.
    A Florida Bar audit found that De Lucca had a negative balance of $35,572.91 in
    his trust account, after using client funds for his own purposes. (Case No.
    SC09-430)

    Susan Lynn Eberle, 4437 Koger St., Orlando, suspended for 91 days,
    effective 30 days from a March 24 court order. (Admitted to practice: 1985)
    Eberle is being held in contempt of court for noncompliance with Florida Supreme
    Court orders. In March 2006, Eberle was suspended for 30 days and placed on
    probation for two years. She violated the terms of that probation and in August
    2007, Eberle was given an additional two years probation to run consecutively
    after the first. (Case No. SC08-2405)

    Nadege Elliott, P.O. Box 121711, Fort
    Lauderdale, disbarred, retroactive to Dec. 15, 2008, following a Jan. 30 court
    order. (Admitted to practice: 1998) In three separate cases, Elliott provided
    incompetent representation, charged excessive fees and mishandled his trust
    accounts. (Case No. SC07-2)

    Delaila Jannette Estefano, 9200 S. Dadeland
    Blvd., Suite 204, Miami, suspended until further order, following a March 9
    court order. (Admitted to practice: 1999) According to an emergency suspension
    order, Estefano appeared to be causing great public harm. A criminal case
    pending in the Miami-Dade County Circuit Court alleges that Estefano, working
    with two others, engaged in a systematic, ongoing course of conduct with intent
    to defraud and/or obtain property from a mortgage lender by false pretenses. An
    investigation by the Miami-Dade Police Department revealed the use of Estafano's
    law firm escrow account in the alleged fraudulent activities. (Case No.
    SC09-384)

    Stephen Jay Goldstein, 13899 Biscayne Blvd., Suite 307, North Miami
    Beach, disbarred effective April 10, following a March 11 court order. (Admitted
    to practice: 1972) Goldstein wrote checks from his trust and operating accounts
    in the amounts of $22,290.00, $527.83, $50,000 and $43,725. All were returned
    for insufficient funds. (Case No. SC09-329)

    Christina Gomez, 4440 S.W. Archer
    Road, Apt. No. 726, Gainesville, disbarred effective retroactive to Sept. 8,
    2008, following an April 2 court order. (Admitted to practice: 1992) Gomez
    participated in at least three fraudulent financial transactions, one of which
    resulted in her receiving approximately $835,000. Because she failed to provide
    all the required subpoenaed records, The Florida Bar has so far been unable to
    conduct a complete audit to determine the magnitude of fraud and
    misappropriation that may have occurred. (Case No. SC08-2139)

    Rafael
    Gonzalez, 6309 Wild Orchid Drive, Lithia, suspended for three years, effective
    30 days from an Oct. 2, 2008 court order. (Admitted to practice: 1991) Gonzalez
    was initially suspended for 14 days in September 2007 and violated the terms of
    the court's order by practicing law. (Case Nos. SC07-2314 and SC08-434)

    Webb
    Greenfelder, P.O. Box 353, San Antonio, suspended for 91 days, effective
    immediately, following a March 5 court order. (Admitted to practice: 1998)
    Greenfelder was arrested when police investigated a domestic violence incident
    at his home. Charges were later dropped. Greenfelder has been ineligible to
    practice law since October 2005 as a result of not paying his Florida Bar dues.
    He is also delinquent with his continuing legal education requirements. (Case
    No. SC08-1497)

    Gloretta Hankins Hall, 221 S.E. Osceola St., Stuart, to
    receive a public reprimand, following a March 5 court order. (Admitted to
    practice: 1991) In May 2006, Hall was the supervising lawyer on a malpractice
    case and her associate was assigned to manage the case. Hall failed to monitor
    the associate's activities in the case and hired her sister to act as an expert
    witness, because the associate had not hired a nurse expert. At a later date,
    Hall learned that her sister provided testimony at the deposition that was not
    truthful regarding their familial relationship. (Case No. SC08-1730)

    Joseph
    I. Harrison, 800 S. Douglas Road, Suite 450, Coral Gables, disbarred for five
    years, effective 30 days from a March 20 court order. (Admitted to practice:
    2006) Harrison was further ordered to pay restitution totaling $90,800 to two
    clients. In at least three separate cases, Harrison charged excessive fees but
    provided no significant legal services. He deposited funds in his operating
    account instead of a trust account as required and knowingly made false
    statements to a third party. (Case Nos. SC08-76, SC08-575 and SC08-804)

    David
    Robert Heil, 2324 Lee Road, Winter Park, suspended for 10 days, effective 30
    days from an April 2 court order. (Admitted to practice: 1984) In December,
    2002, Heil was hired to represent a client in a personal injury case. In October
    2007, without giving prior notice to the client, Heil filed a notice of
    voluntary dismissal and subsequently, the statute of limitations ran out on the
    case. (Case No. SC08-1748)

    George Nicholas Konstantakis, 44 Cocoanut Row,
    Suite M210, Palm Beach, disbarred for five years, effective 30 days from a March
    5 court order. (Admitted to practice: 1987) He was further ordered to pay
    restitution of $26,680 to a client's living revocable trust. In 2004,
    Konstantakis agreed to represent a client in civil proceedings. Thereafter, he
    failed to attend the hearings, show up for trial and communicate with the
    client. The client was unaware of the final judgment until she was served with
    an order of contempt in December 2006 for failure to provide financial
    information. (Case Nos. SC08-917 and SC08-1550)

    Mark Lawrence, 801 Brickell
    Ave., Suite 900, Miami, disbarred effective 30 days from the date of a March 5
    court order. (Admitted to practice: 1988) Lawrence admitted to failing to
    preserve and apply trust funds as required by Florida Bar rules; issuing checks
    from his trust account to pay his child support obligations; and engaging in
    dishonest conduct. (Case No. SC09-310)

    Jeffrey Merrill Leukel, P.O. Box 8004,
    Sanford, suspended for 90 days, effective retroactive to Oct. 20, 2008,
    following an April 1 court order. (Admitted to practice: 1986) Leukel was
    further placed on probation for three years and ordered to enter into a contract
    with Florida Lawyer's Assistance. In September 2008, Leukel pleaded no contest
    to driving while his license was permanently revoked, a third-degree felony.
    (Case No. SC08-1957)

    Jerona Charmaine Maiyo, 6996 Piazza Grande Ave., Suite
    309, Orlando, disbarred effective immediately, following a March 26 court order.
    (Admitted to practice: 2001) Maiyo failed to perform her duties as a lawyer. She
    accepted retainer fees from clients and did not perform work. In some instances,
    Maiyo abandoned the cases without giving notice. She did not inform The Florida
    Bar of her correct address, so at one point, all correspondence mailed to her
    was returned as being unclaimed and not forwardable. In December 2007, Maiyo was
    suspended for failure to complete her continuing legal education requirements.
    (Case No. SC08-1747)

    Andrew William Menyhart, P.O. Box 541739, Merritt
    Island, suspended until further order, following a March 19 court order.
    (Admitted to practice: 1992) According to an emergency suspension order,
    Menyhart appeared to be causing great public harm by misappropriating funds from
    his trust account. In one matter, a $19,000 check written on Menyhart's trust
    account was returned due to insufficient funds. On another occasion, Menyhart
    wrote a check to a client as partial payment of a settlement. That check was
    also returned. An audit by The Florida Bar found that Menyhart altered bank
    statements to show that he was still holding funds for a $100,000 estate, when
    in fact, he was not. (Case No. SC09-475)

    Gary Michael Murphree, 142 Beacon
    Blvd., #A, Miami, suspended for one year, effective retroactive to Sept. 15,
    2008, following an April 2 court order and placed on probation for three years,
    effective immediately. (Admitted to practice: 1994) In May 2008, Murphree was
    found guilty in circuit court of possessing cocaine and drug paraphernalia with
    intent to use. Murphree failed to notify The Florida Bar, as required, of the
    charges. (Case No. SC08-1534)

    Gregory F. Pillon, 730 NW 40th Ave., Miami,
    disbarred effective retroactive to Sept. 12, 2007, following an April 2 court
    order. (Admitted to practice: 2004) In May 2007, Pillon pleaded no contest to
    obtaining a mortgage by false representation, a felony. The plea agreement
    provided that Pillon would surrender his license to practice law. (Case No.
    SC07-1681)

    David Philip Ryan, III, 250 Catalonia Ave., Suite 804, Coral
    Gables, suspended until further order, following a March 3 court order.
    (Admitted to practice: 1997) According to an emergency suspension order, Ryan
    appeared to be causing great public harm by misappropriating and/or diverting
    funds entrusted to him. A Florida Bar audit revealed that Ryan used client funds
    to satisfy personal matters. (Case No. SC09-338)

    Richard Brian Simring, 5400
    LaGorce Drive, Miami Beach, disbarred effective retroactive to Sept. 9, 2008,
    following an April 2 court order. (Admitted to practice: 1991) In July 2008,
    Simring pleaded guilty to one count of conspiracy to commit mail fraud and money
    laundering, a felony. (Case No. SC08-1672)

    Fred Rowan Tokarsky, 11156 Cypress
    Trail Drive, Orlando, suspended for three years, effective immediately,
    following a March 5 court order. (Admitted to practice: 1997) In August 2008,
    Tokarsky was found guilty in federal court of three felonies: devising a scheme
    to defraud through mail fraud, conspiracy to commit mail and wire fraud, and
    theft of government funds. (Case No. SC08-2100)

    Kendrick Gerard Whittle, 3646
    N.W. 98th St., Miami, disbarred effective retroactive to Oct. 23, 2007,
    following a Feb. 24 court order. (Admitted to practice: 1999) In several
    instances, Whittle misappropriated client funds. He used approximately
    $297,781.73 to pay clients as well as personal bills including rent, utilities
    and credit cards. (Case No. SC07-2394)

    James Dean Wood, 870 115th Ave.,
    Treasure Island, to receive a public reprimand, following a March 5 court order.
    (Admitted to practice: 1994) Wood received $25,000 to handle a case. He
    initially traveled from Pinellas County to Miami to meet with the client. After
    that, there is no evidence that Wood researched the case or communicated with
    the client. (Case No. SC08-1767)


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