Former Defense Attorney,Todd Macaluso *Merged*

[marla]

Does anyone notice TM shaking KC's hand whenever he gets the chance? He shook it as soon as she entered the court room and while she was exiting (although she kinda blew him off when she didn't even look at him). Why does he have so much respect and admiration for this girl?

He doesn't but, her $$$ is paying his way so, he plays the part ..

 

[DAWN TREADER]

Where is the exculpatory evidence to prove her "innocence"?

Hmmmm?

 

[Drivenon]

Not sure, but hope she sees it here,

She updated the piece, he's apparently being sued in Federal Court in NJ as well, lordy:

 

[bowler]

"I need to read more carefully; the first thing I read was WTF"


LoL I do that alot with this set of call letters! LoL

WFTV, WFTV, WFTV

 

[Sprout]

WOW....just when you think things can't get more strange.

 

[amethyst221]

It looks as if the NJ suit is a different matter than the fraud suit, which are both different matters than the State Bar investigation. It seems, per the news today, he has blamed that matter on an underling. Strange, especially if it was escrow funds instead of personal. Anyone who has authority to handle money in a law office has to be trained in the sacredness of handling client monies.

If a California Bar investigation is pending, I'm pretty sure that would have to be disclosed on a motion to get an out-of-state attorney admitted to practice in the Florida case. At least the movant couldn't honestly represent that there was no such pending matter. Maybe that's why they've delayed, despite TM's public braying about how great he is. Sorry to switch from dogs to . . .

 

[GirlinCentralFL]

Does anyone notice TM shaking KC's hand whenever he gets the chance? He shook it as soon as she entered the court room and while she was exiting (although she kinda blew him off when she didn't even look at him). Why does he have so much respect and admiration for this girl?

Because they have 2 things in common - 1) they like to write bad checks off of other people money and 2) He is blaming his staff for the bad checks. (KC likes to blame other people for her wrongdoings)

Where in the world does JB find these people. Doesn't he do checks on their history and stuff before he agrees to let them on the case. What another embarrassment for the defense. Yesterday in the courtroom was a doozy. If that is how the trial is going to be god help everyone involved.

 

[believe09]

Should we start a poll on how long it will take for this guy to be removed/step down?

 

[amethyst221]

I wonder if a motion to get him admitted has been filed yet, and what representations were made in it? Or has the court already granted it? I assume it could be over quickly if he isn't allowed to appear in the case by Judge Strickland. I've never known anyone who got turned down by the court on a motion for admission to the case, so I don't know what it takes.

 

[KenoshaKid]

does anyone notice tm shaking kc's hand whenever he gets the chance? He shook it as soon as she entered the court room and while she was exiting (although she kinda blew him off when she didn't even look at him). Why does he have so much respect and admiration for this girl?

$$$$ ?

 

[Paintr]

I wonder if a motion to get him admitted has been filed yet, and what representations were made in it? Or has the court already granted it? I assume it could be over quickly if he isn't allowed to appear in the case by Judge Strickland. I've never known anyone who got turned down by the court on a motion for admission to the case, so I don't know what it takes.

From today's Current News thread (thank you kindly AWC for all you do)

>
"ORLANDO, Fla. -- There's another new twist in the case against Casey Anthony. Channel 9 discovered that her newest, high-profile attorney is in some trouble with the California state bar association. Mark Todd Macaluso is accused of writing bad checks from one of his client's accounts.

Eyewitness News' legal expert said that is one of the most serious allegations an attorney can face. The new attorney was in court with Casey Anthony for her most recent hearing.

The most recent addition to Casey Anthony's defense team spoke with Anthony briefly in court before the hearing began yesterday. The man from California recently signed a motion asking to be allowed to appear in Florida court as a new attorney on the case alongside Jose Baez."


So, I guess he asked. Wonder if the answer will be yes.

 

[Theonly1]

On WFTV's 11 PM newscast, story is not up on their site yet.

Under investigation for writing bad checks for money he owed to clients - one check was for $108,000!

Their legal analyst said that it could prevent him from practicing in FL.

Kathy Belich hit him with it after court today, he said "the matter is being resolved."

An interesting, not so good day for the ahem "Dream Team."

Thanks. I wonder if the video is up yet? On his Motion for Pro Hac Vice I wonder if he admitted to any open Bar complaints in CA?

Co-mingling client funds with your own funds is like the #1 attorney NO-NO. Is Belich saying this happened?

In my experience, you should never have a "bad check" issue on trust fund accounts because you know how much money is in there (client funds) before you write the check.

Further, you should have LIABILITY INSURANCE on your employees so that if something FUNKY goes on with your trust account you're covered. Attorneys are responsible for the activities of their employees. If the attorney signs the trust account check it doesn't matter if Jane Paralegal typed up the check.

 

[Mendara]

Where is the exculpatory evidence to prove her "innocence"?

Hmmmm?

I have a strong feeling they are going to go for the OJ defense. They are going to try to make cops looks corrupt and throw in that the investigation a nd crime scene were botched and tampered with and that is how they are going to get their resonable doubt. This new lawyer is just the latest to get on the sleeze train.

 

[Mendara]

From Blink on Crime;

http://http://.com/


"A lawsuit filed in Federal Court this July on behalf of a former litigant to a suit led by Macaluso, the former Cytodyne Technologies, currently operating under the name Nutraquest, Inc, alleges that Macaluso and a reporter for the San Diego Union Tribune conspired to slant their coverage to attract more Clients for Macaluso and defame Cytodyne."

I wonder what the outcome of this law suit was?

Wow. Is there anyone on this girl's defense team that is not a total loser?

 

[Muzikman]

Thanks. I wonder if the video is up yet? On his Motion for Pro Hac Vice I wonder if he admitted to any open Bar complaints in CA?

Co-mingling client funds with your own funds is like the #1 attorney NO-NO. Is Belich saying this happened?

In my experience, you should never have a "bad check" issue on trust fund accounts because you know how much money is in there (client funds) before you write the check.

Further, you should have LIABILITY INSURANCE on your employees so that if something FUNKY goes on with your trust account you're covered. Attorneys are responsible for the activities of their employees. If the attorney signs the trust account check it doesn't matter if Jane Paralegal typed up the check.

Video is up, along with the story:
http://www.wftv.com/news/18922244/detail.html

Doesn't sound like they put the Cali bar investigation on his Florida app. Ooops!

 

[MiraclesHappen]

Thanks. I wonder if the video is up yet? On his Motion for Pro Hac Vice I wonder if he admitted to any open Bar complaints in CA?
Co-mingling client funds with your own funds is like the #1 attorney NO-NO.

You should never have a "bad check" issue on trust fund accounts because you know how much money is in there (client funds) before you write the check.

Further, you should have LIABILITY INSURANCE on your employees so that if something FUNKY goes on with your trust account you're covered. Attorneys are responsible for the activities of their employees. If the attorney signs the trust account check it doesn't matter if Jane Paralegal typed up the check!

*bold added*

9 Orlando broke this story on the 11PM news last night.

They had a screen shot of his (TM's) motion on the air, zoomed in on the "no pending disciplinary proceedings "language.

The Channel 9 reporter asked TM, at the Courthouse, if he had any disciplinary matters pending.

TM answered that there WAS a pending matter and it would be resolved.
(very short answer & he kept walking)

The segment went on to report that TM had written at least one check from his client Funds Account, (that's where the money of client's is deposited,) a personal injury settlement, for example, would go in there, and then be disbursed by the Atty with a check from that account. He had written a bad checkto a client , for a settlement (short about 90,000 dollars) and then there were documents shown on air to allege the client's monies were used on personal items by the atty.

Very serious allegations.

Beyond the fact that the Atty. made a major misrepresentation in a motion, so that may carry consequences,
I cannot imagine, that the temporary admission to practice in Florida won't be revoked by the Court.
There is plenty of authority to do that, initially.

The pending matter in his home state is the stuff of major discipline, suspension, disbarment type proceedings if true, depending on that state's practices.
Humble-Opinion:wolf:

 

[SoCalSleuth]

If you want to read the actual state bar charges and his response go to www.calsb.org--upper right hand corner of screen click "Attorney Search"-then plug in his last then first name. Scroll down and there are pdf files of the charges and his response. Diane Karpman who is THE State Bar charges defense counsel is his attorney. One of the courses I teach to CA attorneys is "Client Trust Accounts: A Primer" so I'm pretty familiar with all of the cases in which this happened. Yes, it is one of the most serious things an attorney can be accused of doing. When a check bounces in your client trust account the bank is required to notify the state bar. Appears that is what happened here on several occasions. His defense is that his 44 year old brother suddenly died of a heart attack and he had to take care of his mother as a result--plus the ordinary grief that goes with it so he wasn't minding the store so to speak and allowed his staff to manage his CTA. Problem with this is that an attorney is not permitted to delegate handling of his CTA to anyone ever. That said, he has no prior record of discipline, is cooperating with the state bar investigation, the money was immediately sent to the clients, the clients did not complain to the state bar and he claims he did not steal the money. If it is true he didn't steal the money, my guess is that he will only have to attend state bar ethics school on handling CTA and nothing more will happen to him. The same thing happened to my former partner when her brother was dying of cancer and her secretary stole her client trust funds. It would be different if he actually stole the money then he would be suspended.

 

[Pollywog]

When will this circus ever end? I swear she needs an attorney that has a clue what he is doing and is not under investigation himself. I cannot stand the evil KC, but she does deserve a fair trial with a lawyer that has some knowledge.

 

[MiraclesHappen]

If you want to read the actual state bar charges and his response go to www.calsb.org--upper right hand corner of screen click "Attorney Search"-then plug in his last then first name. Scroll down and there are pdf files of the charges and his response. Diane Karpman who is THE State Bar charges defense counsel is his attorney. One of the courses I teach to CA attorneys is "Client Trust Accounts: A Primer" so I'm pretty familiar with all of the cases in which this happened. Yes, it is one of the most serious things an attorney can be accused of doing. When a check bounces in your client trust account the bank is required to notify the state bar. Appears that is what happened here on several occasions. His defense is that his 44 year old brother suddenly died of a heart attack and he had to take care of his mother as a result--plus the ordinary grief that goes with it so he wasn't minding the store so to speak and allowed his staff to manage his CTA. Problem with this is that an attorney is not permitted to delegate handling of his CTA to anyone ever. That said, he has no prior record of discipline, is cooperating with the state bar investigation, the money was immediately sent to the clients, the clients did not complain to the state bar and he claims he did not steal the money. If it is true he didn't steal the money, my guess is that he will only have to attend state bar ethics school on handling CTA and nothing more will happen to him. The same thing happened to my former partner when her brother was dying of cancer and her secretary stole her client trust funds. It would be different if he actually stole the money then he would be suspended.

Will your state's Bar investigate his alleged misrepresentation on his motion in Florida or just leave it to the state where the motion was filed? How far-reaching are they? Doesn't that take it over the top? What's the innocent story on that one? I have not heard how he is justifying that little slip up.

humble-opinion :wolf:

 

[amethyst221]

If you want to read the actual state bar charges and his response go to www.calsb.org--upper right hand corner of screen click "Attorney Search"-then plug in his last then first name. Scroll down and there are pdf files of the charges and his response. Diane Karpman who is THE State Bar charges defense counsel is his attorney. One of the courses I teach to CA attorneys is "Client Trust Accounts: A Primer" so I'm pretty familiar with all of the cases in which this happened. Yes, it is one of the most serious things an attorney can be accused of doing. When a check bounces in your client trust account the bank is required to notify the state bar. Appears that is what happened here on several occasions. His defense is that his 44 year old brother suddenly died of a heart attack and he had to take care of his mother as a result--plus the ordinary grief that goes with it so he wasn't minding the store so to speak and allowed his staff to manage his CTA. Problem with this is that an attorney is not permitted to delegate handling of his CTA to anyone ever. That said, he has no prior record of discipline, is cooperating with the state bar investigation, the money was immediately sent to the clients, the clients did not complain to the state bar and he claims he did not steal the money. If it is true he didn't steal the money, my guess is that he will only have to attend state bar ethics school on handling CTA and nothing more will happen to him. The same thing happened to my former partner when her brother was dying of cancer and her secretary stole her client trust funds. It would be different if he actually stole the money then he would be suspended.

I guess my question would still be why on several occasions checks bounced, if the client money was sitting in the trust account where it belongs and nothing else was done with it. Money for clients comes into trust account, and either sits there or is disbursed to clients.

If it is still pending, wonder why he didn't disclose it to the court in Florida? That seems unwise.