Inquisition Into Florida Bar Conduct in Eisenberg V City of Miami Beach
Inquisition Into Florida Bar Conduct in Eisenberg V City of Miami Beach
16 August 2018
Four months have passed since you indicated no inquiry had been made
into the allegations made by Rod Eisenberg regarding the conduct of public
attorneys in Eisenberg v. City of Miami Beach appertaining to
the Sadigo Apartment Hotel. Please confirm that is still the case.
Thank you,
Sincerely,
Shanell M. Schuyler
Shanell M. Schuyler
Director, ACAP/Intake
THE FLORIDA BAR
651 E. Jefferson Street
Tallahassee, Florida 32399
ACAP Hotline: 866-352-0707
The Florida Bar has received your recent correspondence. If you intend to file a
disciplinary complaint against a Florida lawyer, please be advised that rule 3-
7.3(c) of The Rules Regulating The Florida Bar provides: "All complaints,
except those initiated by The Florida Bar, shall be in writing and under oath.
The complaint shall contain a statement providing: "Under penalty of perjury, I
declare the foregoing facts are true, correct, and complete." You may find the
complaint form on The Florida Bar’s website, www.floridabar.org
The Florida Bar is not a legal service provider and cannot answer questions
pertaining to legal matters.
Kate Nelson
Administrative Support V
4 attachments
Aleksandr Boksner.pdf
53K
Daniel Saul Gelber.pdf
53K
Eve A. Boutsis.pdf
53K
Peter Jenkins Winders.pdf
53K
Thank you very much Ms, Nelson, for acknowledging receipt of the
information I sent you without requests for disciplinary histories.
I follow up later to see what if anything was done with the information.
Since the information you have received was publicly reported and
published by the City of Miami Beach, I believe you are permitted
to inform me at this time if The Florida Bar has or will open
up investigative files.
Sincerely,
disciplinehistoryrequests.zip
188K
Mr. Walters:
Kate Nelson
Yours,,
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SOUTH BEACH IS A DOG EAT DOG WORLD
Sincerely,
Shanell M. Schuyler
Shanell M. Schuyler
Director, ACAP/Intake
THE FLORIDA BAR
651 E. Jefferson Street
Tallahassee, Florida 32399
ACAP Hotline: 866-352-0707
10 April 2018
Shanell M. Schuyler
Director, ACAP/Intake
THE FLORIDA BAR
I shall report that on Jan. 25, Feb. 26, and April 7, The Florida Bar
received a copy of a sworn affidavit supported by a polygraph test
alleged that one of its members committed the federal felony of
subornation of perjury along with the statement of a witness supporting
that allegation, and that other members of the Florida Bar who are public
officials were aware of this information, yet The Florida Bar chose not to
conduct an inquiry into the matter.
Please do not hesitate to explain why The Florida Bar did not open an
investigation if you wish the report to be balanced.
Best Regards,
NOTE This involves the City of Miami Beach City Attorney, Commission,
and Mayor in alleged Subornation of Perjury and Misprision of Felony.
The general subject of contention has become a national hot button
issue - short term rentals. A reporter was looking into it and her
employment was terminated before she responded. I made an inquiry
without intention to file a formal complaint. Rarely does the Bar act on an
Information unless it is a referral by a judge. I arrived at that conclusion
by examining an Excel spreadsheet of so-called proactive Complaints.
According to a retired disciplinary counsel, letters of complaint are
considered as mere complaints with a small c and most are not given a
capital C and entered into the formal system. In other words, most
complaints are gotten rid of and there is no record of them kept. The
complaint process is obviously structured to reduce complaints against
attorneys by subjecting complainants to the fear of retaliation by
requiring them to be identified and to make sworn statements for which
they could be prosecuted if they make a mistake. Unless someone
knows there is a complaint, it is exceedingly difficult to find out what
determinations have been made when they are made, and if no
probable cause is found, the file is destroyed in a year, preventing the
public from ascertaining Bad Patterns of conduct not only by the
Persons of Interest but by the Bar itself. The integrated bar system itself
is a colossal conflict of interest by which a profession is expected to
discipline itself. If you steal a client's funds most likely you will be in bad
trouble. However other misconduct is generally glossed over or
punished with a hand slap. Justice here depends not on right or wrong in
many instances but on who you are. All three branches of the
government in Florida are at the mercy of one profession. Contrast the
disciplinary system here with ad of the recently reform system in Great
Britain allowing civilian control with advice from the legal profession.
That was part of the concessions allowing attorneys to form law firms
and practice outside of the chamber system. The Bar was given the
incriminating allegations and documents months ago. It was given as an
information and it was clear that there was no intention of filing a
complaint but simply an expectation that the bar would investigate. It
apparently did not. Business as usual at the Florida bar
5 April 2018
Greetings!
Documentary evidence was filed with the City Clerk and members of the
Commission, including a sworn statement supported by a polygraph
(attached)
and court filings.
I will of course be grateful for your answers and any comments you may
make. If I do not run the story myself, I shall forward the information to
my mainstream colleagues.
Cordially,
MIAMI MIRROR
##
Bartlett law firm, shows that the lawyers colluded and deceived the
Court by suppressing evidence which proved the withdrawn allegation
#38 is actually true, as phenomenal as it sounds.
Every citizen who loves their country has a duty to make sure our fragile,
democracy endures, rather than have it turn into a plutocracy where only
the rich and well-connected get treated with kid gloves, while all the rest
of us have to suffer under a system that has only cares about its own
survival.
Lastly, Mr. City Manager: a citizen, like me, who complains about an
government harassment is not an "enemy of the state", but rather just a
citizen who is complaining of government harassment.
Rod Eisenberg
[email protected]
message ---------
From: David Arthur Walters <[email protected]>
Date: Fri, Apr 6, 2018 at 1:56 AM
Subject: PRESS REQUEST re Alleged Federal Felony
To: "Boksner, Aleksandr" <[email protected]>
6 April 2018
Alexsandr Boksner
Senior Assistant City Attorney
OFFICE OF CITY ATTORNEY
Miami Beach, Florida
You certainly must have been appalled by Rod Eisenberg’s Speech at the
Sutnick Citizen’s Forum in February and his earlier plea to Mayor Gelber in
December asserting that you committed the federal crime of subornation of
perjury. He supported his allegation with sworn affidavits and a polygraph
finding.
If you feel the affiants perjured themselves, did you report it to law enforcement
and/or the State Attorney?
Thanks!
Attached:
6 April 2018
Greetings!
I refer you to the attached Speech and Affidavits and Polygraph Results
submitted along with other exhibits to the Mayor and City Commission by Rod
Eisenberg for the Sutnick Citizens Forum held 14 February 2018.
It seems from the records that he advised you that all he wanted was a return of
sanctions paid to the city under duress before he discovered the court had been
defrauded, and did not want to go to the expense of having the case reopened
and litigated.
The record suggests that you or another city attorney advised the mayor as the
city’s legal counsel not to hear Mr. Eisenberg’s plea as a tribunal. I will be
pleased to have a copy of that advice.
Did you report the matter to The Florida Bar and the Federal Bureau of
Investigation or the U.S. Attorney? If not, why not?
If you believed the affiants perjured themselves, did you report that to law
enforcement or the State Attorney? If not, why not?
Sincerely,
Attached
Did this member of the Florida Bar fail to report reasonable suspicion of
subornation of perjury in the federal court and engage in a cover up on
behalf of the City of Miami Beach?
SEE BELOW
6 April 2018
Peter J. Winders
General Counsel,
Carlton Fields Jorden Burt, P.A.,
Corporate Center Three at International Plaza
4221 W. Boy Scout Boulevard
Suite 1000 Tampa, Florida 33607-5780
[email protected]
I have been reporting on the government affairs of the City of Miami Beach for
ten years. One of my themes has been the selective enforcement or non-
enforcement of laws to favor members of the city’s power elite, vested interests,
and those who pay bribes.
It was only after I continuously begged askance of Hernan Cardeno, Esq., the
local code enforcement director, and, presented photographic and advertising
evidence to him because he said it was difficult to get evidence of misconduct,
that Espanola Suites was cited, and the matter went to the special magistrate.
Mr. Robins was given a generous continuance as his hotel continued to operate,
and he eventually complied with the law. He was not fined, did not pay back
taxes, did not pay permit fees for previous renovations, and his total expense
other than legal fees to resolve three years of violations was, I believe, $100 in
“court” costs.
Yet Mr. Eisenberg had been jailed, and his expenses, because he did not
cooperate because he believed state law allowed him to operate his hotel with
fire suppression equivalency, ran into the many hundreds of thousands of
dollars in cold cash. In sum, he fought city hall and lost.
As you know, Mr. Eisenberg alleged that an overture was made to him by an
enforcement officer, Jose Alberto, to the effect that he, Mr. Eisenberg, could not
resolve his issue in courts of law, and gave him the impression that bribes
should be paid to make the legal problems go away.
That rang a bell because I was informed by Antonio Halabi of Venezuela, then
the owner of a restaurant situated under Espanola Suites, that he was advised he
should pay a bribe. Mr. Halabi of Venezuela had complained of the selective
enforcement of codes on Espanola Way, which had damaged his business; Scott
Robins retaliated with an eviction attempt as threatened in writing, resulting in
protracted litigation. Mr. Halabi sold the restaurant, and complained, after
extensive investigation of the records of the administration’s code enforcement
behavior that it was as “Third World” than Venezuela’s.
In December 2017, Mr. Eisenberg begged Mayor Dan Gelber to have the city
commission, as a quasi-judicial tribunal, hear his plea for the return of $600,000
sanctions imposed by the federal court as part of a settlement he was allegedly
coerced into making in order to sell the Sadigo Hotel, and to appoint a special
independent counsel for the investigation of the matter.
Subsequent to the dismissal of the case and the sale, he professedly discovered
that a city attorney had suborned the perjury of a material witness, one Jose
Alberto, on issues dispositive to the federal case for civil rights violations. That
gentleman signed an affidavit under penalties of perjury supported by a
polygraph to the effect that he had perjured himself previously at the behest of
the city attorney in collusion with his own attorney. Mr. Eisenberg submitted
that evidence and his own affidavit as a reputable businessman to the mayor and
several commissioners in early December of last year. By the way, I have found
Mr. Eisenberg to be a honest man and not the “convict” the city makes him out
to be, and not well that the only reason he pled guilty to the charges against him
was on condition that the arrest and conviction record be expunged if he won
his Sadigo Hotel case.
Apparently in January 2017 City Attorney Eve Boutsis advised the mayor and
commission not to hear Mr. Eisenberg, wherefore he took advantage of the
Sutnick Citizen’s Forum on 14 February to publicly expose his predicament
before the commission, submitting the affidavits and polygraph (attached) along
with court filings that demonstrated that the federal judge had been defrauded
by attorneys into dismissing his case. One purpose of the citizen’s forum is to
allow citizens including so-called cranks blow off steam for an hour. To the
best of my knowledge, nothing was done.
Now it is my understanding from the public records that you were aware of Mr.
Eisenberg’s allegations and his evidence of subornation of perjury that he
submitted to you because your firm represented the city in the case, but on 28
March 2017 you declined to act on the basis that the witness who passed the lie
detector test was impeachable, that his attorney would deny that he colluded
with the city attorney in the commission of a felony, and of course the accused
attorney would also deny he committed a crime.
It seems, however, from the circumstances, the affidavits, and the polygraph,
that a reasonable person would suspect a felony was committed and that an
investigation should be conducted by competent authorities to determine if
there is probable cause to bring criminal and ethic complaints against the city
attorney who allegedly suborned perjury.
Now it occurs to me that you may have reported the matter to The Florida Bar
and to the Federal Bureau of Investigation or the U.S. Attorney. Further, since
you believed the witness lied under oath, to state law enforcement or the State
Attorney.
It is with that in mind that I ask you whether or not you did report the matter,
and, if not, why not? I shall be glad to include that and any comments you
might make on the matter in my press report.
Sincerely,
Attached:
Eisenberg Speech, Affidavits, Polygraph
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2 attachments
Eisenberg Speech Affidavits Polygraph.pdf
4745K
Winder Letter04052018.pdf
3574K