• Report: #358667

Complaint Review: Neil A. Sussman ATTORNEY AT LAW

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  • Submitted: Sun, August 03, 2008
  • Updated: Thu, September 08, 2011

  • Reported By:Mayfair / London Other
Neil A. Sussman ATTORNEY AT LAW
805 THIRD AVENUE New York, New York U.S.A.
  • Phone: 212-688-8895
  • Web:
  • Category: Lawyers

Neil A. Sussman Attorney At Law Oppenheimer Funds, New York, New York. NY. Licenced attorney attempting to scam elderly's Trust, & take over funds to Oppenheimer Funds whom he represents New York, New York New York

*Consumer Comment: http://www.ripoffreport.com/Update_52zff.aspx#

*UPDATE EX-employee responds: Neil A. Sussman Former Morgan Stanley Employee , MSL # 1012 Cherokee Road, Louisville, Kentucky 40204

*UPDATE Employee: Neil A. Sussman, Impersonating Oppenheimer Attorney = True

*UPDATE EX-employee responds: Scroll Down And Read All Links Closely. Attorney Neil A. Sussman's Predicament.

*REBUTTAL Individual responds: THE FICTITIOUS COMPLAINANT HIDES BEHIND ALIASES

*Consumer Suggestion: Answer the truth Mr. Neil A. Sussman / Sarah Dellolio

*REBUTTAL Individual responds: NEIL SUSSMAN'S ONLY (AND AUTHENTIC) REPLY TO THIS DEFAMMATORY FILING

*Consumer Comment: In the hands of the The New York Bar Association ? If not, This should be.

*Consumer Comment: Facts, Observances, And Unanswered Questions

*REBUTTAL Individual responds: Defamatory Accusations

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Potential SCAMS is in the works.

A New York / New Jersey Attorney named Neil A. Sussman
licenced February 25th, 1987/ 2nd reg.
is practicing law via telephone out of state with the elderly.
The eldery person seeks advice at the tune of a few thousand dollars to look into possible overcharges of their Bank and or/their Bank's Trust Department.

He, & others affiliated with Oppenheimer Funds try to divert the person's attention to focus on Bogus mis-management of the elderly person's savings and or Trust fund / Savings.

A scheme to turn the person against their Banking Institution and their own Personal Attorney, in order to change the names of the beneficiaries found within their will ,and to seize the Savings/Trust account'(s) and place them in Oppenheimer's funds hands.

All in while promising the victim that he /she can benefit monetarily with their filing suit for false claims of Mis-management of funds and fabricated conflict of interest against their own personal Attorney.
.
This attorney refers the elderly person to a Law Firm in their home town to pursue false allegations against their banking institution and their personal Attorney.
This is an scheme to highjack and divert the elderly's Savings/Trust account,(s), into a company (Oppenheimer Funds) from which he is employed.

I suggest Mr. Sussmann that you immediately refund all monies to any and all out of state victims within 7 days, send out letter,(s) to all whom have signed papers drawn up by you, and any Oppenheimer affiliates, stating you can no longer represent them, nor offer referrals.
You have no other choice, or face the N. Y. State Bar Association and the New Jersey State Bar Association, and or others.

Investigator
Mayfair / London
United Kingdom

This report was posted on Ripoff Report on 08/03/2008 10:05 AM and is a permanent record located here: http://www.ripoffreport.com/r/Neil-A-Sussman-ATTORNEY-AT-LAW/New-York-New-York-10022/Neil-A-Sussman-Attorney-At-Law-Oppenheimer-Funds-New-York-New-York-NY-Licenced-attorn-358667. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report.

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REBUTTALS & REPLIES:
0Author 7Consumer 3Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

http://www.ripoffreport.com/Update_52zff.aspx#

AUTHOR: Anonymous In Orlando - (United States of America)

http://www.ripoffreport.com/Update_52zff.aspx#
http://www.ripoffreport.com/Update_52zff.aspx#
http://www.ripoffreport.com/Update_52zff.aspx#
http://www.ripoffreport.com/Update_52zff.aspx#
http://www.ripoffreport.com/Update_52zff.aspx#
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#2 UPDATE EX-employee responds

Neil A. Sussman Former Morgan Stanley Employee , MSL # 1012 Cherokee Road, Louisville, Kentucky 40204

AUTHOR: Scam informer, facebook, twitter - (United States of America)

F.Y.I.
Attorney Neil A. Sussman once worked at Morgan Stanley.
Current employer of Basil Doerhoefer's daughter of Jupiter, Florida is also Morgan Stanley.
I hope this helps.
It has come to our attention that Basil Doerhoefer's home located at 1012 Cherokee Road, Louisville, Ky. is about to be on the market.
A great house. The basement contains a 3 ton coal furnace filled with asbestos.
Thank you,
Ashley
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#3 UPDATE Employee

Neil A. Sussman, Impersonating Oppenheimer Attorney = True

AUTHOR: Attorney - (United States of America)

Whom ever wrote this about attorney Neil A. Sussman. Good for you.
I believe every word you have written. The family of Basil Doerhoefer are all guilty.
Guess you may impersonate a attorney for Morgan Stanley Smith Barney LLC now?
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#4 UPDATE EX-employee responds

Scroll Down And Read All Links Closely. Attorney Neil A. Sussman's Predicament.

AUTHOR: Return The $3,000 Attorney? Neil A. Sussman - (U.S.A.)

Attorney Neil A. Sussman seems a little worried?
Neil, Why have you not returned the $3,000.00 to The gentleman in Louisville Kentucky?
Seems you didn't answer any of the questions left for you in the above recent posting?

We certainly will be posting ALL names involved very soon if we find no resolve.
Mr. Sussman, you do have the option of services available that can push the postings further down on google and other search engines.
It may cost you around $5,000 for nearly one page.

If one was to dig a little deeper into Google, Public Records, Data Bases.... some interesting facts regarding your person may surface? You know something? IT'S A VERY SMALL WORLD!

Film footage doesn't lie. Don't you understand how bad it would be for your reputation if someone leaked some of your deepest hidden secrets?

Well, it's about to happen. On another note, Mr. Sussman you are the fake. If you were of authentic character, you would find it in your heart to return the funds stolen.

It's very sad that Mr. Doerhoefer, and Mr. Johnson were advised to carry a Transtec Sweep device in the presence of Mr. Doerhoefer's family for the last several years.
Seems certain individuals have fetishes for cameras, and recording devices.
What are they to prove? To all of the trouble makers; better watch out! Big, Big, brother may be watching your every move.
Life is but a two way mirror, AND ALWAYS A CALM BEFORE THE STORM.
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#5 REBUTTAL Individual responds

THE FICTITIOUS COMPLAINANT HIDES BEHIND ALIASES

AUTHOR: Neil A. Sussman - (U.S.A.)

Once again, I Neil Sussman, am compelled to respond to the continuing malicious and defammatory attack on me by undeniably the same person. The lack of credibility and wrongful intent of this individual can be demonstrated from the following logical reasoning.

If the complaint was legitimate, the person complaining would presumably identify himself by name, address and telephone (or other contact information) so that his complaint could be verified by those interested. The complainant does not, instead opting to hide behind fictious aliases claiming to be either regulatory bodies and/or members of the press.

Logically, would a regulatory body or the press post a complaint or query on this site? Would a regulatory body or the press refuse to provide its telephone number or other identifying or contact information? Clearly neither would. The reality is that for some unknown reason, the complaining individual has opted to pursue a smear campaign rather than contact me to discuss and/or address his issue -- which person has never done or attempted to do.

I invite the complainant and/or anyone interested to contact me directly at (212) 688-8895 to discuss whereupon you may reach your own conclusion. Additionally, as offered previously, I am happy to provide the names and contact information of highly reputable and prominent individuals who will confirm my legal competence and ethical and moral stature.

Sincerely,

Neil A. Sussman, Esq.
Attorney At Law
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#6 Consumer Suggestion

Answer the truth Mr. Neil A. Sussman / Sarah Dellolio

AUTHOR: Palisades - (U.S.A.)

Dear Mr. Sussman,

#1 Who introduced you to Sarah Dellolio of the North Palm Beach Oppenheimer Co. Inc.? You are not licenced in Florida, nor Kentucky.

#2 Why were you practicing law over the telephone in Florida and Kentucky?

#3 Are you aware that Mrs. Dellolio's only goals were to file a groundless law suit against her Father's Trust Department for her own personal gain?

#3. Mr. Doerhoefer had but no choice to cut off her $10,000 - $12,000 a year, due to the reduction of his dividend income.

#4. Mrs. Dellolio became frantic when her father cut her funds off. You were introduced into this situation for some odd reason before?, & during?, Mrs. Dellolio's plot to cohearse her father into a scheme to cash in by filing a law suit against his own personal bank's Trust Department. Correct?

#5. Were you introduced by Mrs. Dellolio's sister Mary Parr of New York City? Any of her friends or colleages? You obviously practice law representing Artist Trust..... and those in the Entertainment Industry? Ms. Parr is a partner for Cheim & Read

#6. Are you in any way affiliated with Ms. Parr's former husband or his family? As you may well know, her former husband is in the Music and Movie Industry.

#7. Have you ever met or spoken with any of Mrs. Dellolio's family or friends?

#8. Are you aware that Mr. Doerhoefer has revoked two of his children's General P.O.A.'s? He was subjected to his children's interference over his choices made regarding his beneficiaries?
He is now on his third General Power Of Attorney.

#9. Do you know, have you met, spoken, or have you any connections to Mr. Doerhoefer's family member or friends in Seattle, Washington?

#10. Do you realize that Mr. Doerhoefer personally hired two licensed Private Investigators for activities discovered? The investigators did utilize surveillance. Certain family members and aquaintances were tied to their findings.

I feel your public credentials look fine, though you really need to honestly answer the questions above. A member of the Associated Press is very interested in this unfortunate dilemma.
If anything, Mr. Doerhoefer and his life partner of over twelve years have been the victims of libel and slander. Twelve years of constant attempts to destroy their relationship is far out of line.

If I were in your shoe's, I would honestly answer the above questions. Mr. Doerhoefer did indeed terminate you.
Thank you.
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#7 REBUTTAL Individual responds

NEIL SUSSMAN'S ONLY (AND AUTHENTIC) REPLY TO THIS DEFAMMATORY FILING

AUTHOR: Neil A. Sussman - (U.S.A.)

My name is Neil Sussman. This is the only posting actually made by me. I did not post any of the preceding posts including the one which was made, without my authorization, using my name.

The garbled and rambling postings above suggest that I: (1) impersonated an in-house attorney at Oppenheimer; (2) was involved with an attempt to transfer Basil Doerhoefer's account from National City Investments to Oppenheimer; and (3) was never actually retained by Mr. Doerhoefer. All three accusations are false and defamatory.

Mr. Doerhoerfer did retain me through his execution of a written representation agreement. That representation was terminated first, by me, upon seeing the first two postings followed by Mr. Doerhoefer's termination a short time thereafter.

At no time did I suggest or infer that I worked for Oppenheimer. The fact is, though, that Mr. Doerhoefer's daughter is employed there and was involved in retaining me. The scope of my representation can be discerned from the unauthorized reproduction of the complaint letter I authored on behalf of Mr. Doerhoefer, which was posted above.

I have been practicing law for over 22 years and have never been the subject of a complaint by a client, or prospective client. I have never been investigated by any bar association, ethics committee, or other oversight entity. In fact, my legal ability rating, as expressed by peers in the legal community, is Very High to Preeminent as reported and published by Martindale Hubbell, the lawyer's directory and rating service. Also reported in Martindale Hubbell is my General Ethical Standards rating, also by peers in the legal community, which is Very High.

I encourage you to visit the Martindale Hubbell website to verify the foregoing as well as to view a list of our clients. I also invite you to contact me at my office (212-688-8895) for a candid discussion of the foregoing as well as being provided a list of very prominent individuals who would attest to my honesty, competence and trustworthiness.

Thank you.
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#8 Consumer Comment

In the hands of the The New York Bar Association ? If not, This should be.

AUTHOR: Houston Observing Closely - (U.S.A.)

I work in MEDIA, and will be contacting the two victims in Louisville, Kentucky.
I will also mention that this sick scenario is made for T.V., and should also be handled as a CRIME.
I started my own investigation.
It's obvious someone at Oppenheimer in North Palm Beach Florida has convinced Mr. Sussman pose as an attorney for Oppenheimer?
Is this true?
Who hired you Mr. Sussman? A Sales Assistant named Sarah? Her relatives, in-laws?
There is evidence out there that the only person doing any impersonating is you!
Who hired you to impersonate an Oppenheimer Attorney?
Oppenheimer's Compliance Department on Broad street in New York city has confirmed you have never been an Oppenheimer Attorney. Speak with Mr. Patrick Wade.
Mr. Doerhoefer has filed affidavits at the recorders office in Louisville Ky.
Read all documents filed between October 1, 2008 and October 31, 2008.
Please visit:
http:/www.jeffersoncountyclerk.org
Search: Online land records.
Search by party name.
Enter the Surname: Doerhoefer
Enter the first name as: Basil
Enter the Dates: 10012008 through 10312008.
There you will find the truth. This was a scam from day one.
I will assist Mr. Doerhoefer and his companion promptly.
Seems this is but a mere story of greed,deception, & unethical- illegal practices.
Mr. Doerhoefer was tricked, and he fired you!
See all documents filed in Jefferson County, Ky. by Mr. Basil Doerhoefer 111
Mr. Sussman, are you not licenced in three states. The third being Washington D.C.?
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#9 Consumer Comment

Facts, Observances, And Unanswered Questions

AUTHOR: Bruce - (U.S.A.)

Mr. Doerhoefer's one and only Attorney is Mr. Gordon Wright a resident of Jefferson County, Ky. Located in Louisville, Ky.
Mr. Doerhoefer does not personally know Mr. Sussman, and actually has never met him.
Mr. Doerhoefer was solicited by someone other than Attorney Neil Sussman to attempt to prove possible mis-management of his Trust Funds held by National City, Since all shareholders dividends had been cut.
Mr. Doerhoefer was presented with the legal document posted above.
Though when the document was handed over to him to sign, most pages were missing.
The last page was given to Mr. Doerhoefer to sign.
Mr. Doerhoefer didn't read what he was signing. Mr. Doerhoefer later requested that the entire legal document posted on this site be faxed to him.
There is one discrepency, Is Mr. Sussmann the Attorney for Oppenheimer of North Palm Beach?, and who might Mike Sussmann be?
Through various sources, information has been gathered indicative Mr. Sussmann is possibly an Entertainment Lawyer based in New York City?
I encourage anyone from National City to post a rebuttal, since
all parties should be considered innocent UNTIL proven guilty.
Thank you.
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#10 REBUTTAL Individual responds

Defamatory Accusations

AUTHOR: Neil A. Sussman - (U.S.A.)

My name is Neil A. Sussman and I am the attorney mentioned in the outlandish piece published on this website. The claims against my firm and myself as an attorney are entirely untrue. Whoever wrote this piece and made it public should have done some research before making any accusations as to my credibility as an attorney. Therefore, below you will find the exact letter that was sent on behalf of my client which disproves any and all scandalous acts that are claimed against myself and Oppenheimer funds.

This firm represents Basil Doerhoefer, a client of National City Corporation (formerly National City Bank of Kentucky) (National City), in connection with claims he has against National City regarding its management of a trust account of which he is the beneficiary and National City is the trustee. Mr. Doerhoefer's claims include breach of fiduciary duty, fraud, negligence, securities laws violations, and breach of contract. National City's conduct may also give rise to additional claims, including claims under applicable state law. Accordingly, all future communications regarding Mr. Doerhoefer's claims should be directed to my attention.

This letter is written solely in an effort to informally resolve Mr. Doerhoefer's claims. It therefore constitutes an offer to compromise and may not be admitted in any arbitration proceeding or legal action to establish the validity, invalidity, or amount of any of Mr. Doerhoefer's claims.

Background Facts

Mr. Doerhoefer retired in 1990 at age 55 and is currently 73 years old. He receives an annual pension of $10,300 and social security payments totaling $13,700 per year. In March 1996, his father passed away leaving him shares of stock in National City Bank of Kentucky valued at approximately $5 million. Upon information and belief, the stock had a cost basis of $0.16 per share.

David L. Zoeller, Esq.
September 18, 2008
Page 2


Upon inheritance, Mr. Doerhoefer set up a Revocable Trust dated October 29, 1996 and appointed National City Bank of Kentucky as the named trustee. Mr. Doerhoefer placed all of his National City Bank of Kentucky shares into the trust.

For various personal reasons unrelated to his claims, the original trust agreement was amended and replaced in February 2005 with the Amended and Restated Basil Doerhoefer, III Revocable Trust Agreement. This instrument was prepared by National City Bank of Kentucky's outside counsel, Gordon B. Wright, Esq., of Wyatt, Tarrant & Combs, LLP in Louisville, Kentucky.

On or about July 22, 2006, National City Bank of Kentucky and National City Bank, Cleveland, merged and Mr. Doerhoefer's National City Bank of Kentucky stock was converted into 158,490 shares of National City stock.

Wrongful Acts

On May 17, 2006, during a meeting among Mr. Doerhoefer, Sally Duane, Amy Corbett (a Relationship Manager employed by the bank) and certain bank executives, the bank brought up the possibility of selling the stock. Mr. Doerhoefer expressed reluctance to do this because he was concerned that if he did, it was his understanding that this would change and possibly jeopardize the trust. Further, he was also concerned about the ruinous capital gains tax that might be due and about losing the quarterly dividend that provided the income stream on which he depended to pay his living expenses.

At no time during this meeting did anyone from the bank raise the possibility of implementing a collar or other investment device to control the downside risk and market exposure to Mr. Doerhoefer in the event that his primary asset fell in value. For more than a year and a half following this meeting, National City neither engaged in any meaningful communication with Mr. Doerhoefer nor took any action to discharge its fiduciary duties to him. It continued, however, to collect trustee and management fees.

On or about January 2, 2008, National City cut its dividend from $0.41 per share to $0.21 per share. On January 10, 2008, National City's Private Client Group (including Duane, Corbett and Matt Carper, a portfolio manager) proposed, for the first time, placing a collar around the National City stock to protect Mr. Doerhoefer from further declines in its value. At this time, National City stock was already trading at approximately $15 per share, down from $38 per share just one year earlier.

Mr. Doerhoefer spoke to his daughter, Sarah, a sales assistant with Oppenheimer & Co., Inc., to assist him in evaluating National City's proposal. Sarah passed on this proposal to colleagues at Oppenheimer who stated that the collar did not appear to make sense at this late
David L. Zoeller, Esq.
September 18, 2008
Page 3


date because of the costs associated with it and the fact that the major part of the stock's value had already been lost. Oppenheimer personnel further stated that such a collar should have been proposed years earlier and that, at the current stock price, National City's proposal appeared to be an after the fact attempt to paper over a problem after much of the damage that a collar is designed to avoid had already been sustained by Mr. Doerhoefer. The collar was not implemented.

By the middle of March 2008, the price of National City stock had further deteriorated to $7.52 per share. Mr. Doerhoefer faxed his daughter Sarah a copy of a monthly account statement that revealed, previously unknown to him, a $400,000 collateralized margin loan against the stock. This was apparently the result of National City proposing to Mr. Doerhoefer a margin loan in June 2007 so that he could make renovations to his house. Mr. Doerhoefer and Sarah decided that the margin loan should be paid off.

Also during this time, National City personnel made a recommendation, presumably based on inside information, that Mr. Doerhoefer sell 20,000 shares of the National City stock because, they informed him, it was likely that National City was going to eliminate the dividend entirely. Mr. Doerhoefer agreed to a sale but determined that he should sell an even greater amount of stock to pay off all of his outstanding debt. During a March 26, 2008 telephone conference among National City personnel and Mr. Doerhoefer, National City suggested raising cash through the sale of National City stock and placing it in a bond fund. Mr. Doerhoefer agreed and, on March 28, 2008, he gave National City two market orders to sell 20,000 and 38,000 shares of the National City stock.

Despite the fact that Mr. Doerhoefer's orders to sell were market orders, the National City trader delayed selling the stock, stating that National City was not acting well that day, that it was not a good day to sell the stock, and that there were not a lot of buyers for a large order. Mr. Doerhoefer complained and National City subsequently provided Mr. Doerhoefer the sales price he was due based on the timing of his original orders to sell. He currently owns 100,490 shares of National City stock.

Claims

Mr. Doerhoefer's claims are predicated upon a number of facts including, without limitation, the following: (a) the bank had a non-waivable conflict of interest when it assumed to act as the trustee of a trust, the main asset of which was its own stock; (b) despite the bank's awareness of Mr. Doerhoefer's circumstances and the fact that the trust property consisted primarily of a concentrated position in the bank's own stock, it neither protected the trust assets against the possibility that a reduction in the stock's value would jeopardize the income stream upon which he depends nor made any recommendation to that effect; (c) National City should have made a collar recommendation much earlier than January 2008; and (d) National City
David L. Zoeller, Esq.
September 18, 2008
Page 4


knew or should have known about the impending problems that surfaced in late 2007 or early 2008 and that resulted in the severe erosion of its share price and, to properly discharge its fiduciary duty, should have liquidated all or a portion of the National City stock.

* * *
We are confident that if Mr. Doerhoefer prosecutes his claims, he will be successful in establishing his entitlement to damages resulting from the precipitous decline in the value of his trust account (a loss in excess of $5 million based on current share prices), additional damages arising from National City's failure to properly manage the account, disgorgement of trustee and management fees, statutory damages, and interest. Mr. Doerhoefer would prefer, however, to quietly and expeditiously resolve his claims so as to permit him, and National City, to avoid the costs and distraction of a protracted arbitration or legal proceeding. If an agreeable compromise can be reached, Mr. Doerhoefer will execute appropriate, mutually agreeable releases that include stringent confidentiality provisions.
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