September 17, 2008
PRIORITY MAIL WITH PROOF
OF DELIVERY – TO ALL PARTIES
ON THIS COVER PAGE SERVICE LIST
Federal Bureau of Investigation
Attention: Special Agent Jeff Danik
505 South Flagler Drive
West Palm Beach, Florida 33401
Miami-Dade State Attorney
E.R. Graham Building
1350 N.W. 12th Avenue
Miami, Florida 33136-2211
Office of Attorney General
State of Florida
The Capitol – PL-01
Tallahassee, Florida 32399-1050
Chief Financial Officer Alex Sink
Florida Department of Financial Services
200 East Gaines Street
Tallahassee, Florida 32399-0300
The Office of Inspector General
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
The Office of Inspector General
Attention: Kenneth A. Chambers
Supreme Court Building
500 South Duval Street
Tallahassee, Florida 32399-1905
Brooke S. Kennerly
Judicial Qualifications Commission
1110 Thomasville Road
Tallahassee, Florida 32303-6226
John F. Harkness
The Florida Bar
651 East Jefferson Street
Tallahassee, Florida 32399-2300
Notice is hereby given that violation of 831.04 f.s., constituting a felony of the third degree, may have been committed by attorneys Ronald C. Kopplow, Marc Cooper, Sonya L. Salkin, and now their counsels, Charles W. Throckmorton, Lauri Waldman Ross, Robert M. Klein, Lewis N. Jack, Jr., and Reggie Sanger.
State Criminal Statute: 831.04 f.s. – Penalty for changing or forging certain instruments of writing states in part:
Any person making any erasure, alteration, interlineations or interpolation in any writing or instrument mentioned in s. 92.28, and made admissible in evidence, with the fraudulent intent to change the same in any substantial manner after the same has once been made, shall be guilty of the crime of forgery, which, for the purpose of this section, constitutes a felony of the third degree.
On February 4, 2008, Defendant attorneys, Ronald Kopplow, Marc Cooper, Sonya Salkin and their respective firms filed a Summary Judgment to eliminate Baron’s Stores, Inc. from the legal malpractice lawsuit filed in the Circuit Court of the 11th Judicial Circuit of Florida in and for Miami-Dade County:
Case No. 99-21062 CA 15 – Norman Lanson, Meryl Lanson and Baron’s Stores, Inc. v. Ronald C. Kopplow, Esq., Kopplow & Flynn, P.A., Marc Cooper, Esq., Cooper & Wolfe, P.A., and Sonya L. Salkin, Malnik & Salkin, P.A.
Attached to, and in support of, the Summary Judgment Motion, are two documents titled Amended Plan of Liquidation and Amended Disclosure Statement.
On May 2, 2008, Michael G. Kessler of Kessler International, an independent forensic document expert, under the penalty of perjury, made the following conclusory statement regarding the Amended Plan of Liquidation and the Amended Disclosure Statement to wit:
“I can conclude that someone tampered with these documents, modified them and/or altered them resulting in these documents not representing what they are presented to be. These documents have been falsified.”
A copy of Mr. Kessler’s Declaration, attached hereto, has been filed in the State Court, and has been provided to Judge Jeri Beth Cohen, the Defendants, and their counsels, as evidence, on numerous occasions attached to various motions.
The defendant attorneys, Kopplow, Cooper and Salkin and their counsels, Throckmorton, Waldman Ross, Klein, Jack and Sanger, refuse to withdraw the fraudulent documents. The defendant attorneys, Kopplow, Cooper and Salkin, and their counsels, Throckmorton, Waldman Ross, Klein, Jack and Sanger have not refuted Mr. Kessler’s findings.
Circuit Court Judge Jeri Beth Cohen, being fully apprised of Mr. Kessler’s findings, by and through the attachment of the evidence to various motions, refuses to allow discovery, refuses to hold an evidentiary hearing, refuses to stay proceedings and refuses to follow Judicial Canons, specifically:
A judge who receives information or has actual knowledge that substantial likelihood exists that a lawyer has committed a violation of the Rules Regulating the Florida Bar shall take appropriate action. This does not speak to the violation of criminal statutes.
Lawyer Regulation: Rules Regulating The Florida Bar – Rules of Professional Conduct 4-3.3(a)(4) :
Prohibits a lawyer from offering false evidence and requires the lawyer to take reasonable remedial measures when false evidence has been offered. This is subordinated to the criminal statute violation.
Furthermore, the Bankruptcy Court for the Southern District of Florida, Judge Paul G. Hyman, Jr., has also been provided with a copy of Mr. Kessler’s Declaration that the documents which confirmed the bankruptcy of Baron’s were fraudulent. Judge Hyman, having knowledge that fraudulent documents were used to confirm a Chapter 11 bankruptcy, and that the only parties that could be responsible for the preparation, execution, and filing of such documents were/are attorneys, have denied the Plaintiffs discovery and an evidentiary hearing. The defendants, Kopplow, Cooper and Salkin, and their counsels, Throckmorton, Waldman Ross, Klein, Jack and Sanger were also provided with Mr. Kessler’s Declaration in the context of the federal bankruptcy proceedings. The Court and its officers have refused to take remedial action.
18 U.S.C. § 4: “Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, is guilty of the federal crime of misprision of felony.”
“The offense of concealing a felony committed by another, but without such previous concert with or subsequent assistance to the felon as would make the party concealing an accessory before or after the fact.”
Both the Bankruptcy Court and the State Court have knowledge that fraudulent documents are being used, by the defendant attorneys and their counsels, in the Baron’s/Lanson’s civil litigation, to gain an unfair advantage. Both Courts have condoned the use of fraudulent documents. The fact is that the Courts have denied the Plaintiffs the required evidentiary hearings thereby subverting the truth finding process that the adversary system is designed to implement. Both Courts have turned a blind eye to these fraudulent documents to protect certain connected attorneys.
These alleged acts of the defendants, and their counsels, are criminal in nature, and if proven to be true would require their immediate disbarment.
In the Florida Bar v. Steven Evan Wolis, .the referee ultimately recommended that Wolis be disbarred, finding that “obstruction of justice, with a predicate act of perjury and the filing of fraudulent reports, is a serious felony” and that “[w]hile [Wolis] appears to be truly remorseful and genuine in his rehabilitation effort, the mitigation in this case is not sufficient to warrant a penalty less than [the presumed sanction of] disbarment.” While the referee acknowledged that his recommendation of disbarment “was not an easy one to render given [Wolis’] age [of 39] and apparent remorse,” the referee ultimately concluded that [Wolis’s ] offense for which he was convicted goes to the very essence of the legal profession. The truth cannot be sacrificed for convenience or personal gain. It cannot be abrogated because of a client’s needs. Simply stated, society must be able to rely upon an attorney’s representations. The Oath of Admission to The Florida Bar, The Rules Regulating The Florida Bar and the interest of the general public mandate that attorneys tell the truth and act in an honorable fashion.
The undersigned complainant has grave concerns that “obstruction of justice” is occurring for the benefit of the Florida Bar, by and through the judiciary’s assistance in limiting claims exposure to the Florida Bar’s created and sponsored malpractice insurance company, Florida Lawyers Mutual. All of the parties, including Judge Hyman and Judge Cohen, are members of the Florida Bar. Attorneys Kopplow and Cooper are insured for legal malpractice by Florida Lawyers Mutual Insurance Company.
Meryl M. Lanson
Attachment: Michael G. Kessler’s Declaration as stated herein.
cc: Governor Charlie Crist with attachment.
Sunday, October 19, 2008
September 17, 2008