Alvarez Carbonell Feltman & Da SIlva Roniel Rodriguez, Benjamin Raul Alvarez, Paul Feltman Falsified my signature on billing records to overcharge & defrauded clients Coral Gables Florida

IOTA ACCOUNT FRAUD

PARTIES

1. “Inglewood” = Inglewood Townhomes Condominium Association was the client of Alvarez, Carbonell, Feltman Jimenez & Gomez et al. (Respondent) hereinafter “A/C.” A/C was retained by Inglewood to collect hurricane damage insurance against Citizens Insurance on a contingency basis.
2. “Citizens” = “Citizens Property Insurance was the property insurance for Inglewood.
3. “Engineer” = Walter L. Lista, Inc. and/or Walter L Lista P.E. is the engineering company, which A/C falsely represented to Inglewood, was hired by A/C to perform structural engineering services in order to assist A/C in claims against Citizens. However, Lista Engineer was never retained by A/C. A/C’s representations to Inglewood that A/C had retained Lista Engineer are false.
4.  “Complainant” = Walter L. Lista Complainant holds a Florida professional engineering license, and renders professional services as an agent of Lista Engineer and was NOT AWARE OF HIS ROLE therein until the fraud was uncovered.
5. “Straw 1,” and “Straw 2,” and “Straw 3” are the companies that A/C Firm allegedly hired to perform work for A/C Firm in order to increase reimbursable expenses for Inglewood claim under A/C/ Firm’s contingency contract.
6. “Straw 1” Invoice #10420 dated February 25, 2013 for $16,000.00 =  is the fraudulent invoice where “Complainants” letterhead, services performed described therein were not performed by Claimant and his signature was fraudulently falsified by someone at A/C Firm. This fraudulent invoice then re-appears in Roniel Rodriguez Expert Claims v. Inglewood, Florida Circuit case in Miami-Dade, Case no. 2011-12415 CA 03.

1. “Straw 2” = the second professional allegedly hired by A/C was Expert Claims Adjusters, Inc. The straw invoice from Expert Claims for alleged work on Inglewood is for $91,870. Inglewood became suspicious of this Invoice and does not authorize A/C to disburse Citizens settlement funds from A/C Trust Account to pay this invoice. Subsequently, Expert Claims sues Inglewood for failure to pay. Expert Claims is a Florida Profit Corporation represented by Roniel Rodriguez, Esq., in the lawsuit case style “Expert Claims Adjusters v. Inglewood Townhomes Condo a*s’n, Inc. Rodriguez obtains a default Judgment for $128,070 in favor of Expert Claims. Rodriguez later assigns said default Judgment to himself by using RJR Charitable Holdings, LLC. Rodriguez collects monies from A/C trust account and banks holding monies for Inglewood.
2. “Straw 3” = VEP Construction, LLC is the third alleged professional hired by A/C

I. INTRODUCTION

WALTER L. LISTA (“Complainant”) hereby files this complaint against JorgeCarbonell (“Carbonell”); Benjamin R. Alvarez (“Alvarez”), the law firm of Alvarez, Carbonell, Feltman & Da Silva, P.L. (“A/C”); and Roniel J. Rodriguez IV (“Rodriguez”), in violation of rules 4­1.3, 4­1.4, 4­1.7, 4­3.3, 4­4.1, 5­1.1, of the Rules Regulating the Florida Bar.

Alvarez,Carbonell et. Al (collectively “A/C”) intentionally defrauded Citizens Property Insurance Corporation (“Citizens”) by fabricating the supporting documentation relied upon during the course of litigation between A/C’s client, Inglewood Townhomes Condominium Association (“Inglewood”) and Citizens. A/C acted with the express purpose of artificially inflating Inglewood’s damages, and, consequently, A/C’s contingency fee. In order to unjustly enrich themselves further, and continue to perpetuate a scheme to defraud, A/C & Rodriguez siphoned Inglewood’s settlement funds being held in A/C’s trust account by fabricating & utilizing straw invoices to create the appearance of legitimate litigation costs. Complainant Lista Engineers company was unwittingly used as one of the straw invoices fabricated by A/C and Roniel Rodriguez IV  “Rodriguez” in this complex scheme to defraud Citizens, Inglewood, and the courts.

After defrauding Citizens and siphoning Inglewood’s Settlement funds, A/C and Rodriguez conspired to devise an additional scheme and artifice to plunder approximately $55,000.00 from Inglewood’s cash reserves. As part of this scheme, A/C intentionally caused Inglewood to default on an agreement with Rodriguez’s straw clients, thereby entitling Rodriguez to a default judgment (the “Judgment”) against Inglewood. The sham settlement agreement between A/C & Rodriguez & the default Judgment in favor of RJR Charitable Holdings, LLC formed the basis of Rodriguez’s writ of garnishment directed against Inglewood’s bank and the disbursement of Trust account funds being held by A/C.

II. IOTA ACCOUNT FRAUD

1. A.            $19,791  IOTA ACCOUNT CHECK #1060
   1. On or about June 6, 2011, A/C drafted check number 1060, drawn on its IOTA account in the amount of $19,791.00, naming A/C as payee. The memo line of the check states “Walter Lista, VEP Construction, Cost Reimbursement.”  Upon information and belief, A/C deposited IOTA check #1060 into its Operating Account siphoning false reimbursable expenses which comprise the IOTA check #1060. These cost are disguised reimbursable expenses through straw invoices.

Composite Exhibit A “The checks”

1. B.            THREE (3) OPERATING ACCOUNT CHECKS THAT COMPRISE THE IOTA ACCOUNT CHECK #1060 FOR $19,791.
   1. a.     Walter Lista P.E. check for        $12,000
   2. b.    VEP Construction check for       $  6,200
   3. c.     A/C Cost Reimbursement for     $  1,591
   4. d.    A/C IOTA Check 1060                $19,791 

1. C.            The $12,000 check from A/C to Walter Lista P.E. (Straw #1)
   1. Check # 3327 dated May 6 2011from A/C to Walter L Lista P.E. with the notation on the memo line “INGLEWOOD”signed by Jorge L. Carbonell was written to pay off the FAKE Walter L Lista Inc Invoice #10420.  Lista Engineer never created invoice # 10420. Invoice #10420 for $16,000 dated February 25 2011 from Lista Engineer to A/C was intentionally fabricated by A/C and is fraudulent. A/C forged Complainant’s signature. A/C forged Complainants letterhead. Lista Engineer has no knowledge of this falsified Invoice #10420. This fake Lista Engineer Invoice #10420 was used by A/C to increase reimbursable expenses allegedly due to A/C. EXHIBIT B Affidavit of Walter L Lista regarding Invoice #10420

 On or about January/February 2011 A/C fraudulent use of the legal system and fabrication of fraudulent documents netted A/C an approximate $460,000 settlement from Citizens insurance regarding the Inglewood case. Once the approximate $460,000 Citizens settlement proceeds were cleared into the A/C IOTA account, A/C began preparing, under the cost reimbursement contingency fee agreement between A/C and Inglewood, to disburse funds.

1. Inglewood begins to doubt the legitimacy of the Lista Engineer invoice and other professionals allegedly hired by A/C on Inglewood’s behalf. Inglewood in a series of emails questioned the disbursement of the settlement proceeds being held in A/C IOTA account.  A/C then on behalf of Inglewood begins a series of SHAM emails and communications with the alleged professionals hired by A/C which culminates with a SHAM settlement agreement between Inglewood and the alleged professionals hired by A/C. The series of SHAM emails & communications written by Alvarez to Inglewood state:
   1.                                           i.     that Alvarez spoke to Lista Engineer regarding Invoice #10420
   2.                                          ii.     that Lista Engineer would reduce Invoice #10420 from $16,000 to $12,000 in order to settle and get paid.
   3.                                         iii.    that if Lista Engineer is not paid Lista Engineer & the other professionals A/C allegedly hired will initiate a lawsuit against Inglewood due to Inglewood’s failure to pay Lista Engineer and the other professionals allegedly hired by A/C.
   4.                                         iv.    that A/C specifically Alvarez was the assignee of the Walter L Lista inc invoice # 10420 for 16,000
   5.                                          v.    that A/C specifically Alvarez negotiated on behalf of Walter L Lista inc a reduction in fees of invoice#10420 from $16,000 to $12,000.
   6.                                         vi.    that Alvarez signed the negotiated settlement agreement as assignee of Lista Inc. (Straw #1) despite the fact that Rodriguez claimed to represent Lista Engineer in the Expert Claims litigation.
   7.                                        vii.    Alvarez uses the sobriquet “engineer” in reference to Complainant.
   8.                                       viii.    One email dated April 6, 2011, Alvarez wrote to Inglewood:
      1. “[b]ased on me [sic] conversations with the G.C., engineer and appraiser, I am hereby advising you that they are going to initiate legal action against you to collect their fees; and I STRONGLY URGE Inglewood to avoid further acrimony and litigation, by paying them for their work.” [emphasis original]
      2.                                         ix.    On march 30 2011 Alvarez wrote to Inglewood:
         1. 1.     “My partners and I are receiving calls from the GC, engineer and appraiser, as to why they have not been paid for work they did over 1 year ago.” ”I will tell you that you will soon be sued for quantum meruit by the GC, Engineer and Appraiser –
         2. d.    Affidavit of Benjamin R Alvarez dated January 7 2014
            1. 1.     “In an exhaustive effort, I notified Inglewood of its legal responsibilities and liabilities to these third parties.”
            2. 2.     “I repeatedly advised Inglewood that if Inglewood did not pay these third parties the outstanding balance, these third parties had grounds for legal action”
            3. 3.     The third party referenced above is Lista Engineer and the other sham professionals allegedly hired by A/C

Alvarez, knew or should have known that invoice# 10420 was a SHAM as Alvarez did not in any way shape or form, or at any time whatsoever speak with me, the complainant, Lista Engineer about invoice #10420 or check # 3327 made payable to me. Complainant, Lista Engineer had no idea this invoice #10420 or check # 3327 even existed as the invoice #10420 is completely fraudulent. Complainant holds a Florida professional engineering license, and renders professional services as an agent of Lista Inc. and was NOT AWARE OF HIS ROLE therein until the fraud was uncovered.

Exhibit C Series of Emails between Inglewood and Alvarez

On or about May 2014, The Coral Gables Police Department has confirmed that check #3327 payable to Walter L Lista P.E. was never cashed. Lista Engineer never received check #3327.

1. D.            The $6,200 Check from A/C to VEP Construction (Straw #2)
   1. Check # 3315 DATED May 3 2011 from A/C to VEP Construction with the notation “RE: Inglewood” signed by Benjamin R. Alvarez.
   2. The alleged Invoice from VEP Construction dated February 23 2011 for 41 hours of “General Contractor/Consulting Fee” is for $8,200
   3. The signature for Rommel Este, on this unnumbered invoice, does not match the signatures for Rommel Estes on Sunbiz.
   4. This invoice was also reduced during the SHAM negotiations between Inglewood, A/C and the professionals allegedly hired by A/C from $8,200 to $6,200.
   5. Alvarez signed the negotiated settlement agreement between Inglewood and its alleged professionals as assignee of VEP Construction (Straw #3) despite the fact Rodriguez claimed to represent Straw 3 in the the Expert Claims litigation.

1. E.            The $1,591 fee for A/C reimbursement
1. Pursuant to the SHAM Settlement negotiations between alleged experts hired by A/C on behalf of Inglewood, A/C received $1,591 in reimbursable cost expenses

1. $5,000 IOTA ACCOUNT CHECK #1054
   1. On or about June 1 2011 A/C drafted check # 1054, drawn on its IOTA account in the amount of $5,000 naming “Roniel Rodriguez IV” as payee. The memo line of the check states “Negotiated Appraiser’s Attorney’s Fees”  

1. G.            $45,000 IOTA ACCOUNT CHECK #1058
   1. On or about June 6 2011 A/C drafted check #1058, drawn on its IOTA Account in the amount of $45,000 naming “Eduardo Rodriguez” as payee. The memo line of the check states “Negotiated Appraisal Fees”
   2. Eduardo Rodriguez is the principle of Expert Claims
   3. Alvarez & Carbonell through ACG Registered Agents, LLC is the registered agent of Expert Claims

1. H.            $40,000 IOTA ACCOUNT CHECK #1056
   1. a.     On or about June 1 2011 A/C drafted check #1056, drawn on its IOTA account in the amount of $40,000 naming “ABC Restoration Services, Inc.” as payee. The memo line of the check states “In the name of Inglewood Townhomes condo association for deposit for roof repairs in accordance with agreement.”
   2. b.    Confidential Settlement Agreement and Full Mutual Release of All Claims dated May 6 2011, created by A/C on behalf of Inglewood to settle Expert Claims case 11-12415CA11.  This agreement was subsequently intentionally defaulted on by A/C so Rodriguez could obtain a default judgment after a 3 day notice. This agreement states that Lista Engineer invoice #10420 was to be paid by ABC from ABC funds. Alvarez signs this agreement as assignee of Walter Lista.

See Exhibit “D” Sham Settlement Agreement

III. Fraud Upon the Courts, Expert Claims v. Inglewood, Florida Circuit case in Miami-Dade, Case no. 2011-12415 CA 03.

1. On April 21, 2011, Straw 2, represented by Rodriguez, initiated an action against Inglewood for nonpayment in a case styled, Expert Claims Adjusters, Inc. v. Inglewood Townhomes Condo a*s’n, Inc., Case Number 2011­12415­CA­03 (the “Expert Claims” litigation). The claim asks for $128,070 in damages plus fees.
   1. The $128,070 in damages is comprised of the following:
      1. 1.                                           i.    Straw # 1 Walter L Lista P.E. Invoice #10420 for      $16,000
      2.                                          ii.    Straw # 2 Eduardo Rodriguez Invoice #100 for                $91,870
      3.                                         iii.    Straw # 3 VEP Construction unnumbered invoice                         $ 8,200
      4.                                         iv.    Straw # 4 ADR Invoice #6600408 for                                        $12,000
      5.                                          v.    Total Damages claimed (Straw #1-4)                            $128,070

Note: The multiplication on Line 3 of Eduardo Rodriguez Invoice # 100 is incorrect.

See Exhibit “E” Expert Claims Lawsuit, Judgment & Garnishment

1. As discussed above, Inglewood’s objection to the Straw Costs in the Citizens litigation prompted Rodriguez and Straw 2 to file the Expert Claims matter against Inglewood for nonpayment. After Rodriguez initiated the litigation, the parties entered into settlement negotiations. As stated above, A/C negotiated the the straw invoices on behalf of Inglewood with the alleged professionals hired by A/C. A SHAM settlement agreement was reached between Alvarez & Rodriguez on May 6 2011. Under the Settlement, Straw 2 received a reduced fee in the amount of $45,000.00 for services allegedly rendered in connection with the Citizens litigation (the “Straw 2 post­Settlement fee”).Additionally, Rodriguez received$5,000.00 in legal fees under the Settlement. Pursuant to the Settlement, A/C was required to remit payment to both Straw 2 and Rodriguez prior to May 12, 2011. Under the Settlement, nonperformance of this condition entitled Straw 2 to a default judgment against Inglewood for Straw 2’s pre­Settlement fee of $91,870.00. A/C was at all times cognizant of this condition, as evidenced by the fact that it a) negotiated the Settlement on behalf of the parties; b) memorialized the terms of the Settlement for the parties; c) referenced the May 12 deadline and the fact that time was of the essence in at least two different emails; and d) partially performed its obligations under the Settlement.

As previously stated, Straw 2’s pre­Settlement fee consisted of approximately $91,870.00 out of the total $128,070.00 in Straw Costs. The remaining balance of $36,200.00 was comprised of a) the Lista Engineer Inc. pre­Settlement fee of $16,000.00; b) the Straw 3 pre­Settlement fee of $8,200.00; and c) $12,000.00 which represented Inglewood’s share of mediation fees. It should also be noted that, as of April 29, 2014, Straw 2’s registered agent was ACG Registered Agents, LLC (“ACG”). At all relevant times, Carbonell and Alvarez were the managing members of ACG. It should also be noted that, at all relevant times, Alvarez and Rodriguez were partners in numerous current and past business ventures.

Exhibit “F” Sunbiz Records

A/C performed some of its obligations under the Settlement by “paying” Lista Inc. and Straw 3, but the Firm ultimately caused Inglewood to default on the Settlement by intentionally failing to pay Straw 2 and Rodriguez before the May 12 deadline. On May 17, 2011, Rodriguez filed for a Clerk’s default against Inglewood due to Inglewood’s failure to file a responsive pleading in the Expert litigation. On May 26, 2011, Rodriguez obtained a Final Judgment in the amount of $128,070 plus pre judgment interest in the sum of $13,894.72 plus fees of $456 for FINAL JUDGMENT of $142,420.72 (the “Judgment”).

Violation of the Rules Regulating the Florida Bar

1. 1.             Rule 3­4.3 Misconduct and Minor Misconduct

Complainant alleges that A/C and Rodriguez (collectively the “Lawyers”) violated Rule 3­4.3 of the Rules Regulating the Florida Bar. Rule 3­4.3 provides in pertinent part:

The commission by a lawyer of any act that is unlawful or contrary to honesty and justice, whether the act is committed in the course of the attorney's relations as an attorney or otherwise, whether committed within or outside the state of Florida, and whether or not the act is a felony or misdemeanor, may constitute a cause for discipline.

Lawyers violated rule 3­4.3 by: i) fabricating supporting documentation in the Citizens litigation, specifically, the Invoice directed at A/C; ii) executing the Settlement as assignee of Lista Inc.; iii) drafting a negotiable instrument naming Lista Inc. as payee with the knowledge and specific intent to perpetuate the fraud against Citizens and Inglewood;⁹ iv) endorsing the abovementioned instrument by fraudulently claiming and exercising an assignment of a right which was not granted; v) converting Inglewood’s proceeds from the Citizens litigation by utilizing straws; vi) intentionally causing Inglewood to default on the Settlement; and vii) conspiring to convert Inglewood’s cash reserves as a result of the abovementioned default.

As a product of their expertise in the area of first­party insurance litigation, Lawyers possess asymmetrical information over the lay population in general and Inglewood specifically. Lawyers used their position and asymmetrical information to the detriment of Inglewood by manipulating the intricacies of the legal system. Lawyers conduct is highly prejudicial to the administration of justice, and so egregious that it may constitute a violation of state and federal criminal statutes.

1. 2.             Rule 4­1.3 Diligence

Complainant alleges that A/C violated rule 4­1.3, Rules Regulating the Florida Bar. Rule 4­1.3 provides, “[a] lawyer shall act with reasonable diligence and promptness in representing a client.” The Comment to the rule further provides that:

“A lawyer should pursue a matter on behalf of a client despite opposition, obstruction, or personal inconvenience to the lawyer and take whatever lawful and ethical measures are required to vindicate a client's cause or endeavor. A lawyer must also act with commitment and dedication to the interests of the client and with zeal in advocacy upon the client's behalf.”

A/C violated rule 4­1.3 by failing to act diligently in the representation of Inglewood. Specifically, the Firm failed to act diligently by intentionally failing to satisfy the terms of the Settlement, thereby causing Inglewood to default under the Settlement and suffer default judgment. As a result of the Judgment, Rodriguez garnished approximately $55,000.00 of Inglewood’s cash reserves.

1. 3.             Rule 4­1.4 Communication

Complainant alleges that A/C violated rule 4­1.4, Rules Regulating the Florida Bar.

Rule 4­1.4 provides:

(a) Informing Client of Status of Representation. A lawyer shall:

(1)    promptly inform the client of any decision or circumstance with respect to which the client's informed consent, as defined in terminology, is required by these rules;

(2)    reasonably consult with the client about the means by which the client's objectives are to be accomplished;

(3)   keep the client reasonably informed about the status of the matter;

(4)   promptly comply with reasonable requests for information; and

(5)    consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows or reasonably should know that the client expects assistance not permitted by the Rules of Professional Conduct or other law.

(b) Duty to Explain Matters to Client. A lawyer shall explain a matter to the extent

reasonably necessary to permit the client to make informed decisions regarding the representation.

A/C violated rule 4­1.4 by failing to inform Inglewood of the status of its representation of

Inglewood throughout the Citizens and Expert Claims litigation, and the Expert Claims

Settlement negotiations.  A/C did not properly inform Inglewood of its relationship with Rodriguez such that Inglewood could give informed consent to A/C’s continued representation. Further, A/C violated subsection (b) of the rule by failing to fully and adequately explain to Inglewood the consequences of a default on the Expert Claims

Settlement.