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RRA Litigation: Tony Villegas Deposition List, A Place to Start (Updated)

Steve Lombardi — Tue, 01 Dec 2009 09:01:00 GMT

Today looks like the day Scott Rothstein will be charged and then arrested by the FBI. I claims to not be talking but those who have followed this story closely see it differently. Rothstein has lost his law license and many of his assets seized; his law firm is in bankruptcy court. And what has Scott Rothstein been doing? Well, aside from living in hotel rooms he's been talking. And still the question remains as to what he knows about the murder of Melissa Lewis. And towards getting that question answered we come full circle to Tony Villegas.

UPDATE: Scott Rothstein was arrested around 7:45 a.m. this morning and is scheduled to appear at 11:00 a.m. before Magistrate Judge Robin Rosenbaum in U.S. District Court in Fort Lauderdale, Florida.

Watch the video clip from Channel 4 CBS.

http://cbs4.com/video/?id=87425@wfor.dayport.com

Where might the lawyers for Tony Villegas find names of those to depose as a way of finding out who knew what and when? After all it's looking more and more like Tony has been framed.

First I’d start with any lawyer who worked at RRA and left employment within the past 24 months. One person mentioned in a blog is Susan Dolin.

“We all seem to forget about one of the named partners in RRA early on. Her name is Susan Dolin (great attorney and nice person). Dolin abruptly quit and got the hell out of there. What did she see that made her give up that lucrative position as a named partner? Inquiring minds what to know.”

What does she know? And here is a list of potential witnesses to interview. You want motive, start here, they have to hate those that carried the Ponzi scheme and ruined their firm.

A
Adler, Russell S., Shareholder and Vice President
B
Barsky, Laurence S., Attorney
Berger, William J., Shareholder
Birken, Shawn L., Partner
Bofshever, Harold S., Partner
Buschel, Robert C., Partner
C
Cirulnick, Riley W., Attorney
Coen-Giovanelli, Dr. Sara, Partner
Cohen, Jodi N., Attorney
D
Dijols, Pedro E., Attorney
Dishowitz, Benjamin R., Attorney
F
Farmer, Gary M. Jr., Partner
Fistos, Mark S., Partner
G
Gibbons, Eugene, Attorney
Goldstein, Scott A., Partner
Gonzalez, Julio E. Jr., Partner
Guzman, Jan Paul, Attorney
H
Herrera, Frank, Partner
J
Jaffe, Steven R., Partner
K
Kitterman, Christina M., Partner
Kleinfeld, Denis A., Shareholder
Kusnick, Howard A., Partner
L
Lehrman, Seth Michael, Partner
Levy, Ellie A., Attorney
Linder, Carl H., Shareholder
Lippman, Steven N., Shareholder
M
Meyer, Diana, Attorney
N
Neiwirth, Arthur C., Partner
Nurik, Marc S., Shareholder
O
Osber, Steven H., Partner
P
Padowitz, Kenneth D., Partner
Pancier, Michael A., Partner
R
Rasor, Gregg E., Partner
Reyes, Carlos J., Shareholder
Rosenfeld, Kari E., Associate
Rosenfeldt, Stuart A., Founding Partner and President
Ross, John Michael, Partner
Rothstein, Scott W., Managing Partner, Chairman, CEO
S
Sardina, Gustavo, Attorney
Scheinberg, Howard M., Attorney
Schmidt, Justin B., Attorney
Smith, Grant J., Shareholder
Steinberg, Adam J., Partner
Stone, Barry J., Shareholder
Storfer, Richard B., Partner
Stracher, Les, Shareholder
Strohsahl, Brianne M., Attorney
T
Torres, Osvaldo F., Partner
W
Weissing, Matthew D., Partner
Williams, Johnny Jr., Partner
Wolfe, Tami R., Partner
Wright, Blandin J., Partner
Z
Zinkler, George L. III, Attorney

Originally posted at InjuryBoard by Steve Lombardi

RRA Cast of Characters - Is Tony Villegas the Wrong Man? (UPDATED: 11/25/09)

Steve Lombardi — Sat, 14 Nov 2009 08:25:47 GMT

Have you ever wanted to be a lawyer or FBI investigator? With TV shows like Law & Order, LA Law, Castle and CSI’s being so popular there is probably a little criminal investigation in many of us. But is legal work as easy as it’s made to look in an hour television show?

If you want to see how complicated the matters surrounding Scott Rothstein are take a look at this cast of characters list and alleged roles in the case. Investigators include the Broward County Sheriff’s Office and the FBI who will have their hands full putting this case together. Anyone with information should contact the FBI at the linked contacted information below.

Remember when looking at the facts, we don’t know much at this point. The investigation is ongoing meaning the case isn’t yet public. As for the original crime, the murder of Melissa Lewis is being prosecuted and one man’s life hangs in the balance. He may have been just a convenient focus for those involved with covering up the Ponzi scheme. Simply stated Tony Villegas may be innocent. I have to wonder what agency was involved with the investigation of Ms. Lewis’ murder. Can anyone tell me?

http://www.youtube.com/watch?v=UIKRq82IAKU

CAST OF CHARACTERS

MAIN WITNESSES AND PERSONS OF INTEREST

Melissa Britt Lewis – Former attorney at Rothstein Rosenfeldt Adler who was found murdered and in a canal.

Scott Rothstein, attorney at Rothstein Rosenfeldt Adler. Focus of the investigation and continued stories.

Rothstein Rosenfeldt Adler is a law firm in Ft. Lauderdale, Florida where Scott Rothstein worked. 401 E Las Olas Blvd # 1650, Fort Lauderdale, FL 33301-4252
(954) 522-3456. Also known as RRA. WWW.RRA-Law.com Although the links to the law firm’s website didn’t work on the morning I attempted to acess them, Martindale.com does list the following information.

Rothstein Rosenfeldt Adler

Fort Lauderdale, Florida Office

View all offices

Las Olas City Centre, Suite 1650, 401 East Las Olas Boulevard
Fort Lauderdale, Florida 33301
(Broward Co.) Telephone: 954-522-3456 Fax: 954-527-8663
http://www.rra-law.com

And they appear to have an office in Boca Raton, 5355 Town Center Road, Suite 801, Boca Raton, FL 33486.

Irene Stay, said to be Rothstein's financial officer.

Debra Villegas, employee of Rothstein Rosenfeldt Adler, who allegedly handled the books.

Tony Villegas, former husband of Debra Villegas and the man charged with Debra Lewis’ murder.

Unidentified Law Firm Employee #1 - At least four people in the Rothstein Rosenfeldt Adler firm met with investors or handled money, investors told the Sun Sentinel.

Unidentified Law Firm Employee #2 - At least four people in the Rothstein Rosenfeldt Adler firm met with investors or handled money, investors told the Sun Sentinel.

Unidentified Law Firm Employee #3 - At least four people in the Rothstein Rosenfeldt Adler firm met with investors or handled money, investors told the Sun Sentinel.

Unidentified Law Firm Employee #4 - At least four people in the Rothstein Rosenfeldt Adler firm met with investors or handled money, investors told the Sun Sentinel.

David Boden, general counsel of the law firm, sat in on Rothstein's meetings with investors and represented him in follow-up calls and negotiations.

Finance Company - The investors also identified two people from a finance company in the same building as the law firm. The two people attended meetings and represented themselves as Rothstein's agent and broker, investors said.

Finance Company Employee #1 –

Finance Company Employee #2 -

David Vinikoor – Attorney for David Boden, 48.

Daniel Serber - attorney at Aventura.

Alan Sakowitz - Potential investor, a Miami lawyer, met with Boden and Rothstein.

David Boden - General counsel of the law firm

Stuart Rosenfeldt - Rothstein’s partner.

Paul Lazarus – attorney for Debra Villegas.

Irene Stay – (45) the law firm's chief financial officer

Richard Pearson, 52, president of a company that allegedly has offices in the same building as the law firm, and who it is alleged brokered the settlements for Rothstein.

R.L. Pearson and Associates Inc. – said to be a business involved with Rothstein’s investors.

Nabil Rhazi, an associate in Pearson's company.

Martin Steinberg, an attorney for Pearson.

Frank Spinosa, (48) a regional vice president at TD Bank, handled Rothstein's investment accounts and met with investors.

William Scherer, an attorney representing investors who lost about $98 million

LAW ENFORCEMENT AGENCIES INVOLVED IN THE INVESTIGATION

John Gillies - Miami FBI Special Agent in Charge of the case and the head of the FBI in South Florida

Gilbert Garza - IRS Acting Special Agent in Charge

FBI Investor Contact - rothstein.investment@ic.fbi.gov. or call 800-CALLFBI (800-225-5324).

Broward Sheriff Al Lamberti

Lt. David Benjamin, as head of the Broward County Sheriff’s internal affairs department.

Jim Leljedal – Broward County Sheriff's spokesman.

ALLEGED INVESTORS

Ed (88) and Carol Morse -- who were family friends with Rothstein -- sued Boca Raton decorator Jan Jones in 2006 claiming he botched their job.

Ed Morse Automotive Group - The Morse family's auto empire was founded by Ed and his father in 1946. Today the Ed Morse Automotive Group is run by Morse's son, president and CEO Edward J. ``Ted'' Morse, Jr., 59. The company owns 14 dealerships in Florida and Alabama.

Levy family - Among the alleged investors are the Levy family, owners of Renato Watches.

Attorney Bill Salim, who is representing Levy family members, including Ovadia and Rachel, said in court Thursday that they lost about $15 million to $20 million.

Others: “Rothstein bought into the watch company as a minority shareholder last year, said Daniel Mink, CEO of Renato Watches and son-in-law of Rachel Levy.”

Updated Cast of Characters (November 20, 2009)

Alleged Investors from this linked source: No specific list has been released from the FBI or the promoter. Until one has these names are alleged investors and are subject to change, including deletion.

Todd Snyder - Snyder, a Coconut Grove businessman, alleged friend of stock broker and alleged investor Doug Faulkner. His alleged role isn’t entirely clear.

Doug Faulkner - Is a person who may have invested with Rothstein and who Rothstein may have indicated the existence of whistleblower settlements in a case involving the Dole Food Co.

Dole Food Co. – A company some say was asserted to be the employer in the whistleblower cases, a scenario that Dole denies and some allege Rothstein fabricated.

Andrew Barnett - Who allegedly served as Rothstein's director of corporate development and who they allege was actively promoting the investment scheme and recruiting investors.

Banyon Funding of Las Vegas, associated with Fort Lauderdale businessman George Levin.

Doug Von Allmen - A Fort Lauderdale businessmen and venture capitalist.

Ballamor Capital Management - Run by Barry Bekkadam.

Bonnie Barnett - The mother of Andrew Barnett.

Robert Kagan - Bonnie Barnett's husband.

Ovi Levy – A friend of the promoter.

Several hedge funds, including Centurion Credit, Clockwork Capital, and Platinum Management

Barry Florescue - a Fort Lauderdale businessman.

UPDATED AS OF 11/25/2009

AMENDED CIVIL COMPLAINT - Includes claims indicating the following people are involved to some degree with investing. Those persons may include the following: Mel Lifshitz, Ted Morse, Ed Morse, Richard Pearson, A.J. Discala, Dean Kretschmar, Ira Sochet, Mc Melvin, Mark Nordlicht, Jack Simony, Steve Jackel, Laurence King, Frank Preve, Barry Bekkadam, Michael Szafranski, and Steve Levin, and his father, George Levin.

AMENDED CIVIL COMPLAINT CAPTION - (Also 11/25,2009)

IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA - Docket Number 09-062943 (19)

RAZORBACK FUNDING, LLC, D3 CASE NO., CAPITAL CLUB, LLC, BFMC, INVESTMENT, LLC, LINDA VON ALLMEN, as Trustee of the VON ALLMEN DYNASTY TRUST, D&L PARTNERS, LP, ALLMEN, as Trustee of the DAVIDVON ALL MEN LIVING TRUST, ANN VON ALLMEN, as Trustee of the ANN VON ALLMEN LIVING TRUST, DEAN KRETSCHMAR,

Plaintiffs,

v.

SCOTT W. ROTHSTEIN, DAVID BODEN, DEBRA VILLEGAS, ANDREW BARNETT, N.A., FRANK SPINOSA, JENNIFER KERSTETTER, ROSANNE CARETSKY, DAVID VONandIRENE STAY, TD BANK, BANYON INCOME FUND, L.P., BANYON USVI, LLC, GEORGE G. LEVIN, SZAFRANSKI, ONYX OPTIONS CONSULTANTS CORPORATION, and BERENFELD SPRITZER SHECHTER SHEER, LLP, FRANK PREVE, MICHAEL

Defendants.

__________________________________

COLLATERAL WITNESSES AND BUSINESSES MENTIONED IN THE INVESTIGATION

John Ciriello, an antiques dealer living in Pompano Beach

Solid Gold – Employed a dancer allegedly associated with Scott Rothsetein.

Unidentified Dancer - Exotic

Ritz-Carlton Hotel – Place for meeting and socializing by some of those involved.

Stephan Maloman - Photographs from the million-dollar Rothstein wedding at the Versace mansion in January 2008.

Kimberly Rothstein – Scott Rothstein’s wife.

Unidentified Blog Commenter – “Teddy Paparazzi”

LEGAL TEAMS AND LAWYERS

Marc Nurik – Scott Rothstein’s lawyer.

Jordi Guso, a bankruptcy attorney for the law firm of Rothstein Rosenfeldt Adler.

Jeff Sonn and John Genovese Attorneys on behalf of a few creditors filed the petition for involuntary bankruptcy of Rothstein Rosenfeldt Adler.

Herbert Stettin, who had been appointed by a Broward judge as the receiver, will now become the firm's chief restructuring officer.

Norman D. Tripp is the Morses' lawyer. Morses’ are alleged to be clients of Rothstein and his law firm.

Bill Salim, Attorney who is representing Levy family members, including Ovadia and Rachel.

PRESS AND BLOGS COVERING THE STORY

Staff Writers Jon Burstein, Paula McMahon and Brittany Wallman.

Sally Kestin can be reached at skestin@SunSentinel.com or 954-356-4510.

Peter Franceschina can be reached at pfranceschina@SunSentinel.com or 954-459-2255.

South Florida Sun-Sentinel

Miami Herald JAY WEAVER, SCOTT HIAASEN AND AMY SHERMAN

jweaver@MiamiHerald.com

Broward Palm Beach Blog – Benjamin Lamberti and Bob Norman. Mr. Norman has the most complete comments and updates.

http://blogs.browardpalmbeach.com/pulp/2009/11/david_benjamin_lamberti_scott_rothstein.php

CAVEAT: A woman wrote to me and a fair interpretation of her conclusions was in my opinion not borne out by the facts. I think it's important not to draw conclusions the facts don't support. For instance there is an understanding developing that Ponzi Schemes are the result of more than just one person; several people are needed to engage in an enterprise that results in pulling in investors. These ancillary participants support the basic misconceptions the principal deceiver creates and they often times include feeders, finance people, accountants, stockbrokers, bankers, bookkeepers, other investors (probably fake or make believe investors), lawyers and confidence people. Ponzi schemes are usually the results of many people acting in concert assuring the naïve investors that everything is alright and the returns are justifiably rational. Therefore you can’t draw to a conclusion that, if the Ponzi scheme and Melissa Lewis’ murder were somehow related that the principal suspect in the Ponzi scheme had anything to do with the murder. Melissa Lewis’ murderer may never be found and without there being supporting evidence such a conclusion is unwarranted. In other words there can be many people who might want an honest person with knowledge dead. It certainly is proper for the police and FBI investigators to have such a hunch and to see if the evidence does lead them to that conclusion. But assuming the conclusion without sufficient evidence is incorrect. Anyone with evidence should come forward and contact the FBI. [John Gillies - Miami FBI Special Agent in Charge of the case and the head of the FBI in South Florida or Gilbert Garza - IRS Acting Special Agent in Charge.

FBI Investor Contact - rothstein.investment@ic.fbi.gov. or call 800-CALLFBI (800-225-5324).]

LET’S MAKE A DEAL: Those with inside information that are a part of this scheme should consider what position they will be in should another insider work a PLEA BARGAIN DEAL ahead of YOU. With police and prosecutors it’s first come –first serve on plea bargains. And think about this, there is nothing stopping someone at the inner workings of this mess to step forward and in the process of making a deal blame you for more than you were responsible.

Originally posted at InjuryBoard by Steve Lombardi

Did honesty get Florida lawyer, Melissa Lewis, killed? (Updated 11/19/09)

Steve Lombardi — Thu, 12 Nov 2009 09:17:00 GMT

With recent developments surrounding the Law Firm of Rothstein Rosenfeldt Adler the answer to the question in the title just got 1,000 times more complex. “I read your post about Melissa Lewis. Are you aware of the recent events in Ft. Lauderdale?” the caller asked me. I wrote about Melissa Lewis back on March 11, 2008.

What happened to Melissa Lewis? If you can answer that question you may get a $250,000.00 reward. Steve Lombardi, March 11, 2008.

Back then I wrote:

"So what happened to Melissa Lewis? As a partner in her law firm she was talented and seemingly married to the law and now is the victim of a crime. She lived in Plantation, Florida. Last week after returning home from the grocery store she ended up dead and floating in a canal. Mace was sprayed all over the inside of her garage. The burglary system still in place and her two dogs undisturbed the groceries she purchased and her purse were later found to be missing. The local police suspect robbery." Steve Lombardi, Injuryboard.com

Then and now the story smelled fishier than the oldest fish file in this law office. I figured she had to have known the person who killed her. Why else would the burglary system and dogs be undisturbed? If you’ve kept up with the story, about the law firm where she worked, you know that the principal lawyer of Rothstein Rosenfeldt Adler is under investigation for … well, as the WSJ puts it:

“In the complaint, prosecutors claim that Mr. Rothstein operated the Ponzi scheme since 2005 using his law firm, Rothstein Rosenfeldt Adler. Investors were promised fat profits of 20% or more by paying lump sums to people who had won legal settlements that would supposedly pay out larger amounts over a longer period. Mr. Rothstein's attorney didn't respond to two phone messages seeking comment.”

Since March 2008 several key developments have transpired. The most significant being missing money, client money, firm accounts, campaign contributions, donations, plane rides, leaving town without an explanation, asking lawyers in the firm to do research on not-so-friendly extradition countries like Morocco and Israel followed by the filing for dissolution and liquidation, a process somewhat similar to a bankruptcy. There is a story about a lawsuit over a home redecorating bill and doubling down to obtain money in an account. Each new fact seems to enlarge the intrigue along with a total lack of common sense.

http://www.youtube.com/watch?v=UIKRq82IAKU

“If the firm is dissolved it could meet the same fate as Dreier LLP, a New York law firm that was closed after its founder, Marc Dreier, was arrested for defrauding investors by selling bogus notes. Earlier this year, Mr. Dreier was sentenced to 20 years in prison. It is still unclear, however, whether the Florida firm would have to disband.” WSJ, Nov. 4, 2009

At least one former business associate is distancing himself from any existing business relationship. See, The Fall of Scott Rothstein, By Roger Stone

“While Rothstein Rosenfeldt Adler is certainly a highly capable law firm of talented and professional individuals, there was never any evidence that the firm generated the kind of revenue that Rothstein was spending on real-estate, exotic cars, wrist-watches, charitable contributions, political contributions, jewelry, watercraft, designer clothing and multiple luxury homes in Fort Lauderdale and New York City.

Rothstein's spending became so profligate that one year ago I retained Adam Mangino, a former DEA Agent, to investigate and determine the source of Rothstein's new found wealth. While Mangino could not determine the source of Rothstein's wild spending, he did advise me that the money was not Rothstein's.

I asked Rothstein to dissolve RRA Consulting LLC a year ago and his sponsorship of the STONEzone ended July 29th of this year. I am not an investor in any of his schemes and can't believe anyone in their right-mind would entrust him with investor money.”

And so the Florida attorney called and asked, “Why did an attorney from Iowa find the Melissa Lewis disappearance so interesting?” Instinct I guess. Trial lawyers have to have good instincts to survive and I guess you could say instinctively the Melissa Lewis story just didn’t add up for me. So now I’m left to ask, “Did Melissa Lewis know too much?”

Will we next hear that client money left in the trust account is missing? I have no way of knowing how money was maintained in the Ft. Lauderdale law firm, but I do know how money is kept by most lawyers. Lawyer trust accounts are like most trust accounts; deposits are someone else’s’ money, meaning keep you mitts off of it. Withdraw and spend that money and it better be to pay for your kid’s life saving operation. In Iowa we have a strict rule about lawyers using trust account funds; if you use it then you automatically lose your license to practice law. The Iowa Supreme Court has a long history of revoking law licenses when lawyers steal from the trust account. Several lawyers have had the not too pleasant experience of being on the receiving end of law license revocation. Revocation is similar to a quick and timely law license funeral. As a lawyer you might as well be dead because without a license you can’t practice law. And those whose licenses are revoked don't come back into the practice of law.

This video clip was provided to me and I believe it shows the main character in this not too flattering mystery story. Listen to him and like me you'll have to ask how does he intend to make it all right?

http://www.youtube.com/watch?v=LQHxM80yKrg&feature=player_embedded

So what did happen to Melissa Lewis and why did someone believe she had to be killed?

As you can well imagine anyone in a firm with knowledge and a reputation for telling the truth would pose a considerable threat to those who would be on the receiving end of such an investigation surrounding missing client funds. If the amount missing is in the millions then the civil and criminal challenges become insurmountable: Unless of course the main witness disappears. Was Melissa's honesty on obstacle to be dealt with? I think we will continue to follow this story. Even Steve Martini and John Grisham would have a best seller with the likes of the facts in this case. Take a look at this news report.

"In Breaking News, Deirdra Funcheon reports that the law firms accounting employee’s husband has been charged with the murder of Debra Lewis." The motive in that case as alleged by the prosecutor seems ludicrous. “The motive was supposedly revenge for Lewis's closeness with Debra.” The criminal defense team alleges the husband was framed. And to complicate the situation even more one of the prosecutors who first worked on the Melissa Lewis murder case went to work for Rosenfeldt Rothstein Adler. The list of possible suspects goes deep and seems to grow with the amount of money being thrown around. Melissa Lewis had an ex-husband that some say should be a suspect.

Who can say who should be the number one suspect when the victim was surrounded by all this controversy.

“According to the arrest warrant for Tony Villegas, police received "a copy of an e-mail drafted by victim Lewis dated December 20, 2007, wherin (sic) she requested assistance for her friend Debra Villegas (wife of Tony Villegas) stating that 'How hard is it to do a will? My friend Debra is going through a divorce. Her ex-husband is nuts. To be on the safe side, she wants to be sure she designates who gets her children if he hurts her and goes to jail. Seems extreme, but you have NO IDEA what is going on and restraining orders are worthless.'" The affidavit does not specify from what account the e-mail was sent, to whom it was sent, or how detectives obtained it.´ Breaking News, Deirdra Funcheon

Did giving legal advice to her friend get her killed? Or was it she knew too much about the flim-flam being perpetrated on clients? This case has facts that would make CSI writers drool. Rick Cassel and Kate Beckett would love to work this case.

“Police noted that Tony Villegas was a train conductor, and that cell phone pings from the victim's phone in the hours after her death matched up with Tony Villegas's train route. The affidavit also cites witnesses who claim to have seen Villegas washing pepper spray off his hands the evening the murder was committed. Villegas remains in jail awaiting trial; Fleisher believes it will be at least a year before the case is tried. He says Villegas is "holding his own" in there.” Breaking News, Deirdra Funcheon

So some think the train guy killed her. But why? Over mere jealousy? Seems unlikely. But jealousy about what? Friendship? That seems more unlikely. But what about money: or access to a lot of money? Is Tony Villegas just a convenient pawn for the prosecution? Or do they have the motive all wrong? Now that the cat is out of the bag with the law firm are their other people with clearer motives for silencing Melissa Lewis? Even Martini, who I like better than Grisham couldn’t weave these facts into the suspense novel it’s becoming. And the ending of who killed Melissa Lewis still hasn’t been written.

Who are the cast of characters in this unfolding drama?

Melissa Britt Lewis, attorney at Rothstein Rosenfeldt Adler who was murdered.

Scott Rothstein, principal attorney at Rothstein Rosenfeldt Adler.

Debra Villegas, employee of Rothstein Rosenfeldt Adler, who allegedly handled the books.

Tony Villegas, former husband of Debra Villegas and the man charged with Debra Lewis’ murder.

U.S. District Judge William Zloch is the federal judge assigned to the forfeiture case.

Chuck Zloch, of Mass Mutual insurance is allegedly a friend of Rothstien's and the brother of Judge Zloch.

Attorneys Jeffrey Sonn and John Genovese filed a petition to force the Rothstein Rosenfeldt Adler firm into involuntary bankruptcy.

This is one complex case. I can't wait to see the forensics. And all I can say is, I rest my case.

http://www.youtube.com/watch?v=bHy7iMw0UKY

UPDATE: November 19, 2009

The Sun Sentinel Newspaper writes today "Does lawyer's murder need fresh look after Ponzi allegations?" The news columnist, Michael Mayo interviews the younger sister of Melissa Britt Lewis about her experience with being around Tony Villegas (the man accused of Lewis' murder) and about her experience with Villegas' wife, Debra Villegas (the COO at the law firm where Scott Rothstein was a partner. It's well worth reading and provides further evidence of the relationships and character of the people involved. Here are a few passages:

After her sister's funeral, Fisher said Debra Villegas came up to her and said, "Let's keep in touch. If you or your family need anything, just call."

Fisher said she tried calling Debra Villegas three or four times the following year.

"I never heard back," Fisher said. "I thought maybe she was depressed and having a hard time, feeling guilty about my sister's death (because her ex-husband was accused), so I gave up. It made me feel sorry for her. But now I'm just angry."

....

"Melissa said Tony was always cordial to her — that's why she wasn't afraid of him," she said.

....

Tony Villegas had no criminal record before being charged with the Lewis' murder, and there were no domestic violence complaints or restraining orders against him.

Fisher said she now wonders about Debra's credibility and motives. Some in her family wonder if Debra played Lewis and Tony Villegas against each other, and if she wanted Tony Villegas or Lewis out of the picture."

A jury will be asked to figure out what would make a guy snap and want to kill his soon to be ex-wife's best friend? Of course that jury will certainly be aware of the Rothstein financial mess and Villegas' position in that firm. By the time the murder case is heard charges may be filed in the financial wrongdoing case which may provide a clearer motive, but point the prosecutetorial finger in another direction.

Originally posted at InjuryBoard by Steve Lombardi

I-35 Texas Car Accident Involves a Cyclone and a Hawkeye Football Player

Steve Lombardi — Thu, 26 Nov 2009 10:33:13 GMT

David Cato, 19 who plays defensive back for the Iowa Hawkeyes and Ter’ran Denton, (sic) 19 a defensive back from the Iowa State Cyclones were driving on I-35 south of Purcell at 10:00 a.m. on a Sunday when the car they were in rolled after coming in contact with a semi-truck. According to the news report the trooper has the 18-wheeler being nudged before rolling and striking the embankment on the west side of the Interstate Highway.

Both Cato and Denton were wearing seatbelts. Both required medical care and treatment. It appears the most seriously injured was Denton, the Iowa State Cyclone, who was transported to the Norman Regional Hospital for a head injury. There is no indication if he suffered from traumatic brain injury or how serious and extensive his head injury.

David Cato is listed on the Iowa Hawkeye Football team roster as a sophomore defensive back from Arlington, Texas. He is listed as second on the depth chart behind Sash.

David Cato

So.

5-11/205

Arlington, TX (Summit)

Ter’ran Benton is listed on the Cyclones roster as also from Arlington, Texas and a defensive back in his sophomore year. The roster has his last name as Benton not Denton.

Benton, Ter'ran

6-0

197

So.

Arlington, Texas (Summit)

Read Lombardi on The Verdict.

Hawkeye Cato and Cyclone Benton involved in I-35 Collision in Texas...
Posted on 11/26/2009

I-35 Texas Car Accident Involves a Cyclone and a Hawkeye Football Player

Originally posted at InjuryBoard by Steve Lombardi

Iowa Accidents - Cranes, bulldozers, cars, motorcycles, teens and tots.

Steve Lombardi — Wed, 11 Nov 2009 10:48:00 GMT

Linn County, Iowa - A crane collapsed at the construction site of the new federal courthouse in Cedar Rapids. There were 50 to 60 workers on the site. The crane was reported to be operated by workers from Dawes Rigging and Crane Rental from Wisconsin. The news report last night on Channel 5 indicated it fell because it was on uneven ground. That can’t be true nor should it matter. There are legs that if set properly allow a crane to be set up most any grade. Fact of the matter is it probably wasn’t set up right in the first place. Wish as you will for forgiveness but stupidity is a close relative of negligence. KWWL story. KCCI.

Remember the bulldozer that slipped off it’s jacks killing the operator?

Bulldozer slips off jacks and kills operator

...using a crane to life the bulldozer, however it was too late and Mr. O’Shaughnessy was pronounced dead at the scene. Workplace accidents happen every day and most are avoidable; could this accident have been avoided? Hopefully, if he's married she is covered under a workers' compensation policy of insurance. That should pay her a lifetime benef...

from *InjuryBoard Des Moines* | *Des Moines* Iowa Personal Injury Attorney - Nov 2, 2009 1:50 PM

Bulldozer slips off jacks and kills operator, widow's benefits at stake

...using a crane to life the bulldozer, however it was too late and Mr. O’Shaughnessy was pronounced dead at the scene. Workplace accidents happen every day and most are avoidable; could this accident have been avoided?Hopefully, if he's married she is covered under a workers' compensation policy of insurance. That should pay her a lifetime benefit...

from The Verdict Blawg - Nov 2, 2009 9:12 AM

Benton County, Iowa - KWWL reports on a two-vehicle car accident south of Garrison in Benton County. The news report is slim on facts. It’s reported to be at the location of 63rd Street and 19th Avenue. One person died, although we don’t know who.

Jefferson County, Iowa - In a single vehicle roll-over accident the driver died while three passengers were injured on U.S. Highway 34 east of Fairfield near Osage Avenue. The woman was from Indiana; Margarita Ortiz Romero (37) and her passengers were a 7-year-old Daniela Ortiz, Edgar (2) and Lucelia Caperon (42) were all taken to either the University of Iowa Hospitals and Clinics or the Jefferson County Hospital. The roll-over occurred around 9:30 at night.

Council Bluffs, Iowa – A resident of CB was killed his motorcycle is reported to have struck a Honda Civic. The reports are that Eric Jacobsen (29) was struck at around 6:45 p.m. when the Civic’s driver failed to yield at a stop sign and she attempted a left turn off of Old Railroad Highway onto 205th Street. The driver said she didn’t see the motorcycle coming. Well how long did you look before pulling out? Did you come to a complete stop? How hard did you look? “I didn’t see it coming.”, isn’t a good enough reason to excuse the driver of negligence. Plain and simply you have a duty to see what is clearly there. In this instance it cost the motorcycle driver his life.

Hardin County, Iowa – A 16-year-old boy driving on a country road southeast of Union lost control while rounding a curve killing the 17-year-old passenger. (Leo Barten) Another passenger Austin Smitheman, 16, was also injured. A driver has a duty to maintain control and to drive at a speed to be able to maintain control. If you’re at the wheel it’s your duty to drive under control.

Story County, Iowa – An intersection collision at 620th Avenue and 315th Street

occurred at around 6:40 p.m. between a pickup truck being driven by Jacob Thompson of Maxwell and a Mazda being driven by Jose Martinez-Alvarez of Marshalltown. A passenger in the Alvarez vehicle, Salvator Hernandez Yepez of Marshalltown was ejected and pronounce dead at the scene. There were several other passengers and all were taken to Mary Greely Medical Center in Ames. Intersection collisions are pretty common when it’s location is either uncontrolled or out in the county.

If we are in a recession I'm not seeing it. If you need help or have questions with your insurance claim call us at the Lombardi Law Firm, we've done this for 30 years.

Originally posted at InjuryBoard by Steve Lombardi

Man killed in plant explosion, sparks or static electricity?

Steve Lombardi — Wed, 18 Nov 2009 12:01:00 GMT

In Columbia County, Wisconsin a 47 year old man died Sunday October 18^th, in an explosion in the American Packaging Corporation plant, according to the Wisconsin State Journal news source. Jeffrey Doxtator was from Columbus and had worked at the plant for 13 years. Fire Chief Randy Koehn said that Doxtator was using a handheld grinder which ignited sparks in an area of the plant designated hazardous. This employee error is thought to have caused the explosion and not the lack of safety precautions by the company. The Wisconsin plant has had good safety history according to electronic federal safety records.

At the time of the blast, 6pm, the only other workers in the building were the maintenance and janitorial crew, which evacuated the building. Doxtator, still in the building, was rescued by the firefighters and brought to Columbus Community Hospital. The coroner indicated Doxtator’s death to be from “multiple internal injuries due to blunt force trauma from the explosion.” The cost of the explosion to the building is estimated at $1.2 million.

American Packaging Corporation is privately held and has three plant locations: Columbia County, Wisconsin; Story City, Iowa; and the headquarters in Rochester, N.Y. The corporation produces specialty packaging for consumer goods.

At the time this blog was written the investigation of the Sunday explosion was still underway.

I'm not sure the error can be said to be that of the employee. That conclusion was stated as a fact at a time when no investigation had taken place. It would be important to know what actually caused the explosion: the tool being used may have had no effect on causing an explosion. Also I'd want to know who provided the tools, who selected the tools, what warnings were given about using tools in this area of the plant, whether it had been done previously without incident and with management's knowledge, the exact location and makeup of this department along with a whole host of other issues to be explored. I just don't agree with the conclusion reached by the news paper reporter or whoever decided what the cause of the explosion. There is more to it than a cursory examination would show.

http://www.youtube.com/watch?v=5TcNDozWQiM

Originally posted at InjuryBoard by Steve Lombardi

Multi-car-truck collision in rural Iowa kills two - One vehicle 3 collisions and then catches fire.

Steve Lombardi — Tue, 26 May 2009 22:02:00 GMT

Two people died while another five suffered injuries in Washington County, Iowa. This multiple car collision happened on May 23, 2009 at Highway 92 and Lexington Avenue around 2:37 P.M. The crash seems to have occurred when a 1997 Chevrolet pickup truck failed to stop at a stop sign causing a crash with a 2006 Mercury Mountaineer being driven by Samuel Langstaff of Indianola.

Langstaff’s car suffered more than three collisions and appears to have been the most seriously impacted. The first was with the 1997 Chevrolet truck driven by Andrew Brock of Washington, Iowa. The truck struck Langstaff’s car in the passenger side. That forced Langstaff into the westbound lane where it was then struck a second time on the driver’s side by a 1999 Mack diesel semi-truck driven by Jared Freel. Langstaff’s car after the second collision ended up rolling and came to rest on its top. Rolling on the pavement was the third collision. But that wasn’t all there was because Langstaff’s car then caught fire. Langstaffs died in this series of four collisions. Also, a passenger Jacqueline Langstaff was killed. Both Langstaff’s are from Indianola.

At 17-years of age Brock is a younger driver. He too was injured. The way this report is written if the facts are that Brock ran a stop sign, failing to yield the right of way, then he’ll more than likely be found at fault and be liable for all the damages. That can be significant, to say the least. There are the owner’s property damage for three vehicles one of which is a semi-truck. The semi truck may have had cargo in the trailer that is owned by someone else. Any damage to that cargo will result in a forth property damage claim. The there are the drivers and passengers in each vehicle who can file a claim against him. Young people need to understand how the world works and who pays what and when. Young drivers should heed the lessons in this case. This will be an expensive lesson to learn. Aside from him there were 8 other people injured or killed.

He has his own damages to contend with as well.

The accident report shows both Langstaff’s wore their seatbelts and they were 29 and 30 years old.

The semi truck was owned by Black Hawk Soil Service, Inc. of West Chester, Iowa. The driver of that semi, Jared Steel isn’t shown as one of the injured in the preliminary report although in the summary he was noted to have been taken to the Washington Hospital by ambulance.

What a mess. This is going to be a mentally exhausting lesson for the young driver. Also injured are S. Miller, age 15, D. Haifley age 16 and T. Filben age 19.

I follow just about every accident happening in Iowa that results in a fatality and consistently you see distractions causing the drivers to make mistakes. I have no way of knowing in this case what caused the driver to not stop at the stop sign, but it won’t be surprising if all these young people are found to be in the same car. Were they all talking? Were they fooling around? I guess we’ll just have to wait and see.

The Iowa State Patrol’s final report will probably be out in the next 7 to 10 days.

This story is also covered by the Des Moines Register and KCCI News.

Highway 92 & Lexington Blvd, Washington, Iowa 52353

Highway 92 is an east west highway. Lexington Road is a diagonal in a northwest to southeast direction. The aerial map from Mapquest shows this to be a rural area between West Chester and Washington.

Originally posted at InjuryBoard by Steve Lombardi

Motorcycles Also Have the Right to Assume Car Drivers will obey the Rules

Steve Lombardi — Wed, 25 Nov 2009 12:01:00 GMT

On October 18^th 2009 at around 11:50 p.m. Ryan Thomas Brooks was eastbound on Southwest Army Post Road when his motorcycle collided with the Dodge Charger driven by Ramonte Davis. Mr. Davis is said to have pulled onto Southwest Army Post Road to back into a parking spot when Mr. Brooks crashed into the front fender of the Dodge. Mr. Brooks was pronounced dead at the scene and police believe that speed was a factor in the accident and have said that Mr. Brooks was wearing a helmet.

Not seeing motorcycles is an often given excuse for having caused a crash with one. A proper lookout is a lookout that looks not just for the obvious, but also the less than obvious drivers, like motorcycles. As a driver you aren’t responsible for just what you saw, but for what was obviously there or that you can anticipate can be there and is lawfully using the city streets and roadways. In this instance the driver of the car is most likely the at-fault driver and can be held liable to the estate and dependents. Before backing up look, look hard and look for motorcycles. They too have the right to use the roads and to assume other drivers will obey the laws in Iowa.

Originally posted at InjuryBoard by Steve Lombardi

Where is defensive medicine when you need it?

Steve Lombardi — Thu, 19 Nov 2009 14:48:00 GMT

I wonder if I could die from defensive medicine not being practiced in Iowa.

Over the weekend Barbara drove me to the local clinic because I was sick as a dog and coughing so hard my lungs and chest and upper back muscles ached. The doctor walks in looks in my ears and throat, listens to my heart and lungs and says he’s putting me on antibiotics. And I thought what no x-ray or blood tests? Just drugs? No definitive diagnosis? Wait a minute. I thought about H1N1 and everything written about people dying from it so I rhetorically stated, “Maybe I have N1H1.”

All he said was “Yeah you might.”

And that was it. He talked for a few more minutes and left the exam room.

Which made me think, hey wait a minute where is all that defensive medicine I’m hearing about? How come I’m not getting unnecessary x-rays and stuff? After all if anyone is going to get defensive and unnecessary tests it’s got to be a Plaintiff attorney who even the Boogie Man has been led to believe are the one’s to fear for destroying the economic viability of this country. I read where even a house cat had its H1N1 diagnosed. How come it got a definitive diagnosis and not me? What test definitely tells you it's swine flu? Do you think they diagnosed the feline with a CAT scan?

But again I got nothing, no defensive medicine, and no unnecessary tests and was left wondering, “Does defensive medicine really exist?”

Maybe defensive medicine died from the H1N1 virus….

http://www.youtube.com/watch?v=0wK1127fHQ4

Originally posted at InjuryBoard by Steve Lombardi

Food Safety: What kinds of food are likely to contain Aspartame?

Steve Lombardi — Sun, 23 Nov 2008 10:09:00 GMT

Whichever way you choose to go in the sugar wars sooner or later you have to decide if Aspartame is for you. Knowing which foods are likely to contain aspartame is knowing what you want or don’t want to eat. What food products include Aspartame?

The Aspartame website contains a list of product types but not specific products that use it as an ingredient. That list is set out below but you can check the AW for updates.

The Following Reduced Calorie Products Have Aspartame-Sweetened Choices

· Breath Mints

· Carbonated Soft Drinks

· Cereals

· Chewing Gum

· Flavored Syrups for Coffee

· Flavored Water Products

· Frozen Ice

· Frozen Ice Cream Novelties

· Fruit Spreads

· Gelatin, Sugar Free

· Hard Candies

· Ice cream Toppings

· Ice Creams, No Sugar Added or Sugar Free

· Iced Tea, Powder

· Iced Tea, Ready to Drink

· Instant Cocoa Mix

· Jams & Jellies

· Juice Blends

· Juice Drinks

· Maple Syrups

· Meal Replacements

· Mousse

· No Sugar Added Pies

· Non-Carbonated Diet Soft drinks

· Nutritional Bars

· Powdered Soft Drinks

· Protein Nutritional Drinks

· Pudding

· Soft Candy Chews

· Sugar Free Chocolate Syrup

· Sugar Free Cookies

· Sugar Free Ketchup

· Table Top Sweeteners

· Vegetable Drinks

· Yogurt, Drinkable

· Yogurt, Fat Free

· Yogurt, Sugar Free

The FDA does discuss Aspartame on its website. Here is what the FDA site states about each of the artificial sweeteners. See the FDA consumer magazine, July-August 2006, Artificial Sweeteners: No Calories ... Sweet! What follows is on the U.S. FDA website. Is aspartame safe?

After reviewing scientific studies, FDA determined in 1981 that aspartame was safe for use in foods. In 1987, the General Accounting Office investigated the process surrounding FDA's approval of aspartame and confirmed the agency had acted properly. However, FDA has continued to review complaints alleging adverse reactions to products containing aspartame. To date, FDA has not determined any consistent pattern of symptoms that can be attributed to the use of aspartame, nor is the agency aware of any recent studies that clearly show safety problems.

Carefully controlled clinical studies show that aspartame is not an allergen. However, certain people with the genetic disease phenylketonuria (PKU), and pregnant women with hyperphenylalanine (high levels of phenylalanine in blood) have a problem with aspartame because they do not effectively metabolize the amino acid phenylalanine, one of aspartame's components. High levels of this amino acid in body fluids can cause brain damage. Therefore, FDA has ruled that all products containing aspartame must include a warning to phenylketonurics that the sweetener contains phenylalanine.

Source: Excerpted from FDA Consumer, May 1994 (Updated December 2004): Food Allergies Rare but Risky

Aspartame

Aspartame is 200 times sweeter than sugar. It has a caloric value similar to sugar (4 kcal/g), but the amounts used are small enough to consider aspartame essentially free of calories. Brand names include NutraSweet and Equal. Aspartame was first approved by the FDA in 1981 as a tabletop sweetener, and for use in gum, breakfast cereal, and other dry products. The use of aspartame was expanded to sodas in 1983, and then to use as a general-purpose sweetener in all foods and drinks in 1996.

Saccharin

Saccharin is 200 to 700 times sweeter than sugar and has no calories. Brand names include Sweet'N Low, Sweet Twin, and Necta Sweet. Saccharin is used in tabletop sweeteners, baked goods, soft drinks, jams, and chewing gum.

Saccharin was discovered in 1879 and had been considered generally recognized as safe (GRAS) until 1972, when it was removed from the GRAS list by the FDA. By definition in the law, a GRAS substance has a long history of safe use in foods, or is determined to be safe based on proven science. But if new evidence suggests that a GRAS substance may no longer be safe, the FDA can prohibit its use or require further safety studies.

In 1977, the FDA proposed a ban on saccharin because of concerns about rats that developed bladder cancer after receiving high doses of saccharin. In response, Congress passed the Saccharin Study and Labeling Act. This legislation put a moratorium on the ban while more safety studies were under way. Also, foods containing saccharin were required to carry a label warning that the sweetener could be a health hazard and that it was found to cause cancer in laboratory animals. Saccharin has been the subject of more than 30 studies in humans.

According to the National Cancer Institute, further studies showed that saccharin did not cause cancer in humans, and that the bladder tumors in rats were related to a mechanism that isn't relevant for humans.

In 2000, the National Toxicology Program determined that saccharin should no longer be listed as a potential cancer-causing agent. Federal legislation followed in 2001, removing the requirement for the saccharin warning label.

Acesulfame-K (potassium)

Acesulfame-K is 200 times sweeter than sugar, with zero calories. Brand names include Sunett and Sweet One. Acesulfame-K was first approved by the FDA in 1988 for specific uses, including as a tabletop sweetener. The FDA approved the sweetener in 1998 for use in beverages. In December 2003, it was approved for general use in foods, but not in meat or poultry. Acesulfame-K can be found in baked goods, frozen desserts, candies, beverages, cough drops, and breath mints.

The FDA and the Food and Agriculture Organization/World Health Organization (FAO/WHO) Joint Expert Committee on Food Additives have evaluated the sweetener's safety. "More than 90 studies support the safety of acesulfame-K," Tarantino says.

Neotame

Neotame is 7,000 to 13,000 times sweeter than sugar, depending on how it's used in food, and has no calories. The FDA approved neotame in 2002 as a general-purpose sweetener in a wide variety of food products other than meat or poultry. It has been approved for use in baked goods, soft drinks, chewing gum, frosting, frozen desserts, jams, jellies, gelatins, puddings, processed fruit and fruit juices, toppings, and syrups.

Tarantino says that neotame is structurally similar to aspartame. "The potential release of phenylalanine from neotame is so limited that a warning for phenylketonuric-type individuals isn't warranted," she says.

The FDA reviewed data from more than 100 animal and human studies on neotame. These studies evaluated cancer-causing, reproductive, and neurological effects. "Based on a thorough evaluation of the data, there are no adverse effects anticipated when neotame is ingested at levels that are used in foods," Tarantino says.

Sucralose

Sucralose is 600 times sweeter than sugar on average and has no calories. Although sucralose is made from table sugar, it adds no calories because it isn't digested in the body. The brand name is Splenda. After reviewing more than 110 animal and human studies, the FDA approved sucralose in 1998 for use in 15 food categories, including as a tabletop sweetener and for use in products such as beverages, chewing gum, frozen desserts, fruit juices, and gelatins. In 1999, the FDA allowed sucralose as a general-purpose sweetener in all foods.

Originally posted at InjuryBoard by Steve Lombardi