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Sunday, August 18, 2019

CUETO'S REPORT BASHES BAR

When dog bites man, there is no headline. 
But when Judge Bites the Florida Bar, there is. 

Long rumored, much discussed, and the subject of a torrent of emails and comments to publish the Mueller Cueto report,  we present it for your review.  Have at it. 

The Florida Bar (motto "We'll get you my pretty and your little  dog too"). 
doesn't look good here.  Attorney Ramon Rodriguez vindicated in the Lewis/Tein/Miccosukee mess which has resulted in disbarment for other lawyers.  




22 comments:

Anonymous said...

Very detailed Report. Cueto, citing detail evidence, Tein’s testimony, and Federal law, found Michael Tein and Guy Lewis lied to Dresnick about the millions paid to them by the Miccosukee Tribe being “loans” by the Tribe to their nominal clients, Billie and Bert.

The evidence, according to Cueto, proved that the Tribe was Lewis and Tein’s real client, controlling the legal defense and paid the legal fees to Lewis and Tein. Citing Tein’s testimony, Cueto finds the story about the payments by Tribe for Lewis and Tein’s legal fees being loans to their nominal clients was all a made up theory (or a lie), as a defense to an IRS Tax investigation of the Tribe and its members. Cueto, citing specific documents, finds that evidence was created only after Tein and Lewis were accused by Ramon Rodriguez of fraud on the court and lying during hearings before Judge Dresnick.

Cueto’s Report logically raises questions about the related Bar cases handled by Judge Tunis. Did Tein lie to Judge Tunis or did Tunis ignore the evidence?

Anonymous said...

Let's see what the Supremes do. Their usual m.o. is to overturn any rulings from the referee which are favorable to the attorney and increase the punishment. Don't know what they're going to do when referee totally vindicates attorney and blasts the bar.

Anonymous said...

Perhaps the Bar now seeks to disbar Tien and Lewis for lying ...

BR said...

One part of the judge’s report needs to be corrected. Ms. Billie was not convicted of DUI Manslaughter. That charge was dropped after it turned out that the positive blood test for cocaine was in error. She plead to the Vehicular Homicide charge and was sentenced to probation.

Anonymous said...

Cueto for Chief Judge
Cueto for President

Anonymous said...

ROTFL..surely you jest. Perhaps in a just world, not ours.

Anonymous said...

I believe that Judge Cueto is an excellent jurist but this issue has been reviewed by a number of other judges, I seem to recall. Hopefully, the Supremes can sort it out, but I think that Tein's and Lewis's reputations for truthfulness and professionalism are well established. Someone is going to have to figure it out, presumably before Judge Cueto is inaugurated as president.

Anonymous said...

The Bar Attorney had to know about the false loan "theory." They also had to know about all the made up evidence after Rodriguez made an issue of it. How could they not have known? Clients testify in depositions about how they are not paying legal fees, but there is no correction. Only after Rodriguez files motions alleging perjury and fraud on the court do Tein and Lewis make affidavits changing the clients deposition testimony. Interesting how Cueto pealed the onion with very specific references to documents. So how did the Bar Attorney ignore all this documentary evidence? Willful Blindness or collusion. It sounds like John Grisham novel.

Anonymous said...

Sesquipedalian

Rumpole’s use of many sesquipedalian phrases didn’t make him sound smarter- just full of himself.

J/K.

Hey Rump, you going to run the Survivor tournament again this year. Inquiring minds want to know.

Anonymous said...

I didnt follow this in real time, but i enjoyed reading this saga.

I tend to agree with cueto about the evidence of perjury, but i could see that reasonable minds might differ, and there are 2 sides to every story. Im sure Lewis Tein would have a lot to say about it...

However, paragraph 13 of the bar complaint-- regarding the emergency motion to stay an evidentiary hearing --is absolutely extraordinary. The Florida bar alleged frivolous action, but i don't see how that claim is even reasonably defensible. IMO the Florida bar claim in paragraph 13 is borderline frivolous, and ABSOLUTELY violates ther duty of candor by omitting the full story, about how only 2 of 5 motions were noticed for hearing.

Note to readers: if the Florida bar ever says you lacked candor by omitting information to a court, use paragraph 13 as an example. Just like the Florida bar ***certainly didnt*** purposely leave out key context, neither did you.

Anonymous said...

Lewis and Tein clearly committed perjury or engaged in blatantly dishonest practices. Seems like the florida bar was more interested in covering that up. The right thing to do is to appoint a sort of special counsel with the same powers as the bar to look into their behavior and take appropriate action. It is too bad there is not an attorney fee award provision when litigating with the bar or a 57.105 procedure to deter fraudulent litigation like this. Kudos to Cueto for exposing this unseemly conduct.

CAPTAIN JUSTICE said...

The Captain Reports:

Today’s WORD OF THE DAY comes from guest contributor Donald Trump, who tweeted out our Word Of The Day this morning:

WHEEDLE

“Anthony Scaramucci is a highly unstable “nut job” who was with other candidates in the primary who got shellaced, and then unfortunately wheedled his way into my campaign“

Cap Out .....

Anonymous said...

The Florida Bar Board of Governors or the Supreme Court should take action. Appointing an Independent Counsel should to conduct an investigation of the Lewis and Tein Bar complaint, and all of the testimony and evidence they, working with the Bar attorneys, manufactured would be a start. Anything less will only perpetuate the appearance of impropriety that has engulfed this entire affair.

Clearly, as Judge Cueto's Report finds, the testimony before Judge Dresnick was false and the evidence about the payment of legals fees being loans was all manufactured. I recall reading about the Bar investigating the allegations by Rodriguez of what happened with Judge Dresnick. Nothing became of it. Reading Judge Cueto’s Report and all the material he references, it appears the Bar Attorneys were either incompetent or in cahoots with Tein and Lewis, I believe the latter is more likely than the former.

Only by being in cahoots with the Bar Attorneys can one explain how Tein and Lewis avoided Bar prosecution or discipline with all the evidence cited by Judge Cueto. How the Bar justifies ignoring the violations by Tein and Lewis, and then using the false and manufactured evidence to file and prosecute a Bar complaint by Tein and Lewis against other attorneys defies credulity. It almost appears as if Tein and Lewis were structuring the Bar process, writing their own materials and findings, exonerating themselves and indicting others, while the Bar Attorneys were merely pretending to being running the process. Oh, wait, isn’t that what Tein and Lewis were doing by pretending to represent the individual parties before Judge Dresnick while they were really representing and being paid by the Miccosukee Tribe.

Judge Cueto’s Report is like pulling a loose thread that caused the Emperors suit to fall apart. I suspect that unlike Judge Tunis, Judge Cueto did not fall for the shenanigans. I agree with Sunday, August 18, 2019 @ 12:47:00 PM: “Cueto’s Report logically raises questions about the related Bar cases handled by Judge Tunis. Did Tein lie to Judge Tunis or did Tunis ignore the evidence?” Adding, was Tunis just biased because of her relationship with Teins’s attorney. I worked with Tunis and Tein’s attorney at the PD’s Office when Tunis was his training attorney, enough said.

It is shameful that lawyers like Tein and Lewis who are connected and part of the the power elite get away with so much, while the little guys get screwed. This is the kind of case that suggest that change is needed.

Unknown said...

I'm very impressed with the judicial work. I didn't know Cueto had it in him. I think Roman admitted and agreed to disbarment and Herrera presented no such defense.

Anonymous said...

Cahoots and Shenanigans were two of the best appetizers the REN (a venue) served. Fresh cahoots sautéed in Garlic and fried shenanigans ( which I can’t have if my wife is around as she critiques my diet ) were the best with their home made root beer served in a frosty mug.

Anonymous said...

Monday, August 19, 2019 3:30:00 PM made me curious. I went to the Supreme Court Docket and I think the comment has it wrong. Issues of fraud on the court about false evidence are raised, as well as who actually wrote the report for Tunis. I could be wrong, but . . .

Anonymous said...

Can a bar complaint be filed against the bar attorneys who litigated this BS.

Anonymous said...

I read this report for the second time. The evidence against Tein and Lewis is devastating. I cannot see how the supreme court can ignore this report and not appoint a retired judge to serve as the equivalent of the Florida Bar with all its powers and bring charges against them.

Rumpole said...

no wicked witch comments here - rephrase por favor

Anonymous said...

Rodriguez, his lawyer, Bernie Roman, and Herrera - the four conspirators - need to find something to do and stop commenting on the blog. You got lucky. Big deal. We will likely never know the connection with the referee. Be smart and don't draw attention lest your "victory" will be short lived. Methinks Rodriguez will be back before the Bar.....

Anonymous said...

Tuesday, August 20, 2019 12:38:00 PM - Tien, Lewis, their Lawyer, and the Bar "the four conspirators". "You [have been]lucky [so far]". We will likely never know the connection with the [other] referee." "Me thinks [Tien, Lewis and their co-conspirators] will [soon] be . . . before the Bar . . ." or the Supreme Court.

Simple . . . Judge Cueto exposed the lies. Cueto is no fool. Cueto has not been sheltered in a criminal division, has no dependency issues, and has never had an "intervention" by his fellow judges because of erratic behavior. So there . . . the truth surfaces and the Team Lewis and Tein does not like it. Me think others are not going to like it either.

Anonymous said...

@12:38

The "conspiracy" continues, but now the 3 DCA has joined, along with Judge Cueto. LOL. The Tribe is entitled to fees against Lewis & Tein. Do you like apples?

https://www.3dca.flcourts.org/content/download/535022/5941765/file/181132_814_08142019_10141221_i.pdf