Of all the lawyers, in all the towns, to investigate and prosecute State Bar President's Howard Miller's firm, James Towery chose the firm of President-Elect of State Bar of California Foundation (Shhh! He sits on the Board with Miller)
Good Day, Happy Holidays, Merry Christmas, Feliz Navidad, Happy Eid al-Adha, Happy Kawanzaa, and a belated Happy Hanukah to the two newcomers--Messrs. Jerome Falk and Douglas Winthrop of Howard Rice Nemerovski Canady Falk & Rabkin.
Mr. Jerome Falk (photo:courtesy) Mr. Douglas Winthrop (Photo:courtesy)
We are going to examine Falk and Winthrop (as well as, later on, Howard Rice)in connection with the recent decision to exonerate Howard Miller, Thomas Girardi and Walter Lack for the grave misconduct the three had committed in the litigation against the Dole Food Company-- a California based corporation.
Participating in the scheme to defraud the judiciary and injure Dole in order to enrich themselves financially were (from the left) Howard Miller, Thomas Girardi, and Walter Lack.(photo:courtesy)
After Thomas Girardi and Walter Lack obtained a FRAUDULENT translation of the $489 million default judgment which both knew was fraudulent, a wholly frivolous law suit was filed in Los Angeles Superior Court. The suit was later removed to federal court.
The federal District Court (Hon. Judge Mannela)dismissed the case and referred to the translation as “suspect”. A notice of appeal was filed with the Ninth Circuit court of appeal.
Dole, not wishing to forfeit $489 Million, stepped up the effort to expose the scheme. Facing a motion for sanctions, plaintiff's attorney dismissed the appeal. Even though the appeal was dismissed, the Ninth Circuit, concerned about the events that had taken place, appointed a Special Master (Judge Wallace Tashima) and commenced a special proceedings against Howard Miller, Thomas Girardi and Walter Lack (In re Girardi, 08-80090)
Ms. Diane Karpman, who represented Thomas Girardi before the Ninth Circuit. Ms. Karpman is an ethics specialist and writes a column for the Cal Bar Journal. She is a bone fide "State Bar Insider" (In order to avoid confusion, it must be stated that she is not TLR's source and legal counsel whom we also refer to as State Bar Insider.) During the Ninth Circuit proceedings against Girardi Ms. Karpman stated: "If the court was going to look at our conduct, we wanted a neutral and objective prosecutor"(photo:courtesy)
Later, the Ninth Circuit also appointed a Special Prosecutor, Mr. Rory Little. The special prosecutor was appointed pursuant to a request by Ms. Diane Karpman, who was one of the attorneys representing Girardi in the matter.
Judge William Fletcher, one of the judges who adjudicated the matter of In re Girardi, 08-80090. Judge Fletcher rejected the lenient recommendations of Rory Little. He stated: "with any competent lawyer if you're omitting part of a document, that is not accidental. That is intentional."
The Ninth Circuit, ignoring the recommendations of Rory Little for a "stayed suspension", ordered Walter Lack and Paul Triana suspended from practicing before it for a period of six months. Mr. Thomas Girardi was reprimanded. In addition, Monterey sanctions were imposed: Walter Lack $250,000.00 ; Thomas Girardi $125,000.00; Paul Triana $10,000.00 and Sean Topp $5,000.00
The court adjudicated:
"Respondents initiated and directed years of litigation against Defendants.
Respondents efforts went beyond the use of “questionable tactics” — they crossed the line to include the persistent use of known falsehoods. (emphasis added)
This litigation was based on three falsehoods: that Dole Food Company was named as a judgment debtor by a Nicaraguan court, that the Nicaraguan court corrected any mistakes it might have made regarding Dole Food Company in its judgment by the Writ of Execution, and that Respondents had submitted the corrected Writ of Execution to the state court and the federal district court.
Respondents made these false representations knowingly, intentionally, and recklessly. Their actions vexatiously multiplied the proceedings at great expense to Defendants and required the Ninth Circuit to deal with a frivolous appeal." (At this point, Howard Miller was no longer part of the proceedings. Respondents are Lack, Girardi, Triana, and Topp)
Now, it was the turn of the State Bar of California to examine the conduct of Miller, Girardi, Lack, Triana and Topp with respect to events at the Ninth Circuit; AND with respect to the frivolous suit filed in the Los Angeles Superior Court and the U.S. District Court. (Howard Miller's name appeared on all the pleadings which were submitted to the U.S. District Court). These two courts were also victims of the scheme by Girardi & Keese and Walter Lack to defraud the judiciary and injure Dole. Additionally, the State Bar of California must examine the impact and injuries sustained by respondent's clients.
The State Bar of California declared a conflict due to:
1. Howard Miller, who participated in the scheme to defraud the judiciary and injure Dole in order to enrich himself financially, is/was the president of the State Bar of California during the time Thomas Girardi and Walter Lack self-reported the findings and sanctions by the Ninth Circuit to the State Bar.
2. Mr. James Towery, who is the chief prosecutor (AKA Chief Trial Counsel) assumed the position only few months prior. Selecting Towery, from an otherwise large pool of qualified applicants, to serve as Chief Trial Counsel was none other than Howard Miller.
Mr. James Towery, whom Mr. Howard Miller chose to serve as the Chief Trial Counsel. Mr. Towery chose Jerome Falk of Howard Rice to serve as "special prosecutor" on behalf of the people of the State of California to investigate attorney misconduct relating to the litigation against
Dole Food Company.
Nevertheless, few months ago, Mr. Towery chose (or perhaps was told to choose) Jerome Falk Jr. of Howard Rice Nemerovski Canady Falk & Rabkin to serve as special prosecutor.
Jerome Falk duties were to investigate, and if necessary, prosecute Howard Miller and Thomas Girardi of Girardi & Keese and Mr. Walter Lack, Paul Triana, and Sean Topp of Engstrom, Lipscomb & Lack.
Jerome Falk, is a named partner at the San Francisco based Howard Rice Nemerovski Canady Falk & Rabkin. The managing partner of Howard Rice Nemerovski Canady Falk & Rabkin is Mr. Douglas Winthrop.
Mr. Jerome Falk Mr. Howard Miller Mr. Douglas Winthrop
Douglas Winthrop is the President-elect of the Foundation of the State Bar of California. Serving along Mr. Winthrop on the Board of the Foundation is a familiar face, the president of the State Bar, Mr. Howard Miller.
Douglas Winthrop and Jerome Falk are good friends and work together on many of the cases handled by the firm.(such as Uziel v. Kadisha)
Additionally, aligned together as defendants in a suit filed by a plaintiff from Marina Del Rey, CA are: Howard Rice Nemerovski Canady Falk & Rabkin, State Bar of California, State Bar Court, and the one who is either unable or unwilling to recognise the seriousness of her anti-social behaviour, Judge Patrice McElroy.
Two days before Christmas, while most people were either busy shopping, traveling or on vacation, Jerome Falk, assumptively, released his findings. The State Bar of California has no interest in imposing any discipline on Howard Miller, Thomas Girardi, Walter Lack, Paul Triana and Sean Topp.
According to Walter Lack's attorney, Robert Baker of Los Angeles' Baker, Keener & Nahra "That's absolutely the right result" as appeared in the Recorder.
According to Baker, the Ninth Circuit was "FLAT WRONG".
Mr. Girardi, who recently paid for singer Paul Anka and an entire orchestra to fly from Los Angeles to Monterey in order to serenade his friend Chief Justice Ronald George at an official convention of the State Bar of California, stated to the Recorder: "The matter is closed in the State Bar. It's great to get exonerated."
Oy vey.
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