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Lewis Tein Supplemental Motion for Sanctions

Lewis Tein Supplemental Motion for Sanctions

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Published by southfllawyers
Motion for sanctions against Tribe
Motion for sanctions against Tribe

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Categories:Types, Business/Law
Published by: southfllawyers on Feb 05, 2013
Copyright:Attribution Non-commercial

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02/05/2013

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IN THE CIRCUIT COURT OF
THE 11TH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE
COUNTY, FLORIDACASE NO.: 12-12816-CA-40
MICCOSUKEE TRIBE OF INDIANS
OF FLORIDA,Plaintiff/Counter-Defendant,
v.
GUY LEWIS, MICHAEL TEIN, and
LEWIS TEIN, PL,Defendants/Counter-Plaintiff.
LEWIS TEIN'S SUPPLEMENTAL MEMO SUPPORTING SANCTIONS
AND REFERRALS FOR INVESTIGATION INTO CRIMINAL CONDUCT
1.
Recent depositions show that the Tribe, through its attorney Bernardo
Roman, has conspired with the attorneys for the
Bermudez
plaintiffs (Ramon
Rodriguez, Dennis Whittelsey and Andrew Harris — "RWH"), their unlicensed
"private investigator" Darren Bock, and new defense counsel (Jose "Pepe"
Herrera) for
Bermudez
defendant Jimmy Bert, to obstruct justice.
2.
Among other things, the object of this conspiracy was to obstruct
justice by tampering with witnesses Jodi Goldenberg, Jimmy Bert, and Tribe Vice-
Chairman Jasper Nelson. The manner and means of this conspiracy included the
following overt acts:
26035186.1Carlton Fields,P.A.
Miami Tower - 100 Southeast Second Street, Suite 4200 - Miami - Florida 33131-2114 - 305.530.0050
 
CASE NO.: 12-12816-CA-40
a. Bernardo Roman attempted to convince the Tribe's senior
accountant, Jodi Goldenberg to testify falsely at her deposition,
and when she refused, he fired her on the eve of her deposition.
b. Bernardo Roman and "Pepe" Herrera worked in concert, along
with Tribal "Judge" Pete Osceola, to obtain a false sworn
statement from Tribe member Jimmy Bert, purporting to deny the
existence of loans for legal fees.
i.
When we deposed Bert, however, he readily admitted thetruth and revealed Bernardo Roman and "Pepe" Herrera's
attempt to manufacture his false testimony in the prior sworn
statement.ii.
By that time, Herrera had secretly provided the sworn
statement to the RWH
Bermudez
lawyers, who representedhis client's adversaries.
iii.
Herrera filed the false statement with the Court requesting
affirmative relief based on the false statement.
iv.
Herrera, in concert with Bernardo Roman and RWH, filed
the false statement in support of his phony "withdrawal" of
his client's earlier motion to sanction RWH for filing false
perjury allegations against Lewis Tein.
v.
Herrera withheld the sworn statement from the undersigned
until after his client's deposition, despite having provided it
to RWH, the lawyers for his client's adversary.
c. After Tribe Vice-Chairman Jasper Nelson testified about theexistence of loans to Lewis Tein's clients for their legal fees,
Bernardo Roman and others attempted to remove Nelson from his
elected office in an effort to intimidate him and other Tribal
officials and employees from testifying truthfully in the future.
d. The Tribe, through Bernardo Roman, concealed "smoking gun"documents from discovery in this case. Specifically, they knew
about but failed to produce copies of Lewis Tein's invoices for the
2
Carlton Fields,P.A.
Miami Tower - 100 Southeast Second Street, Suite 4200 - Miami - Florida 33131-2114 - 305.530.0050
 
CASE NO.: 12-12816-CA-40
Bermudez
matter, containing specific signed notations and attached
loan documentation.
i.
These items prove, by themselves, that Lewis Tein's
testimony in the
Bermudez
proceeding was true, and that theTribe's allegations here are false.
ii.
Copies of these invoices and the attached documentation
were retained by Ms. Goldenberg after the Tribe fired her.
She produced them at her deposition, on Friday February 1,2013. A copy of that deposition is attached hereto.
iii.
These documents were the product of an open procedure of
review and processing by multiple departments within the
Tribe's accounting and legal function, and their existence is
well-known throughout the Tribe's accounting and legal
departments.
iv.
The originals are in the custody of the Tribe.
v.
The Tribe has not produced them in response to discovery.
e. Knowing of the existence of documents, including concealed
documents, that prove Lewis and Tein told the truth, Bernardo
Roman has repeatedly represented to Judge Dresnick, this Court,
the U.S. District Court and the Third District Court of Appeals thatLewis Tein's representations were "false" and "falsities."
3.
ewis Tein has served subpoenas on RWH, Herrera and Bock for
depositions and documents relating to their communications and payments
between them and the Tribe's attorneys. Despite this Court's having ordered their
depositions, these deponents have refused to appear, claiming scheduling conflicts,"attorney-client" privilege with their adversary, and other frivolous objections.
3
Carlton Fields,P.A.
Miami Tower - 100 Southeast Second Street, Suite 4200 - Miami - Florida 33131-2114 - 305.530.0050

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