A Broward attorney of over 50 years denies misappropriating $15,200 of clients’ money

In a legislation profession that began between the Miami Dolphins’ two Nineteen Seventies Super Bowl wins, Hallandale Beach attorney Roger Davis mentioned he’d by no means even confronted a grievance committee earlier than present accusations that he misappropriated $15,229.

Starting May 22, Davis will likely be below suspension.

The state Supreme Court granted the Florida Bar’s petition for emergency suspension final week, a petition that included two grievances. Judge James Sherman of the fifteenth Judicial Circuit in West Palm Beach has been appointed referee within the case.

Davis, 76, mentioned the Bar acquired all his accounts frozen Tuesday. He figures he “p—– off” the flawed particular person and each points initially had been filed with the Attorney Consumer Assistance Program, a Florida Bar program that permits customers to settle points of attorney conduct with out making an official Bar criticism.

“The first instance which spans 45 years, was dismissed with the indication that there was no disciplinary or ethical violation,” Davis mentioned. “The second complaint was completely cleared in Tallahassee, then filed anew with the Florida Bar office in Fort Lauderdale.”

Davis joined the Bar on Oct. 18, 1973. He met William Storen nearly three years later.

William Storen

Davis mentioned Storen was a walk-in shopper to Davis’ downtown Miami workplace in 1976 who refused to be represented by Davis’ accomplice as a result of the accomplice was Black. Davis turned the 26-year-old Storen’s authorized guardian that yr.

The Bar petition says Davis misplaced contact with Storen, who had been declared a person Davis described as a “dangerous paranoid schizophrenic” who had been declared disabled. Storen died Jan. 9, 2018.

The Bar criticism says Davis discovered about Storen’s loss of life in 2019 from Susan Capri, Storen’s niece, when he inquired to Storen’s household about him.

In a telephone interview with the Miami Herald, Davis mentioned he’d agreed with Capri to take a 3rd of the money in Storen’s account as attorney’s charges. But after a disagreement when Capri requested for accounting data, Capri filed a Bar criticism and Davis mentioned he instructed her he was taking her entire finish and “going to distribute it to worthy causes.”

The Bar petition says Davis “refused to give Capri an accounting of funds held on Storen’s behalf” so Capri filed the criticism.

The Florida Bar mentioned as of May 13, 2019, there was $13,933 within the account that Davis saved for Storen’s money.

That money remained there plus “nominal interest” till May 25, 2022, the Bar petition mentioned. That day, based on the Bar’s Lead Staff Auditor Carl Totaro, there was a $5,000 switch from the Storen account to Davis’ private account and a Zelle cost of $1,000 to Galetti Keith.

Six days later, the Bar petition mentioned, there was an internet switch to Davis’ private account, and on June 7, 2022, a Zelle cost, every for $1,000. On June 23, a Tele-Transfer moved $2,200 from the Storen account to Davis’ belief account. That similar day, a $3,500 test from Davis belief account was cashed “payable to Roger B. Davis.”

Three on-line transfers of $1,000 every got here out of the Storen account on June 28, June 29 and July 1, 2022. A Zelle disbursement of $500 wen to a “Downing Mary” with the order to “Use in Good Health.” By Sept. 16, 2022, the account stability sat at $102.94.

Only one of the final seven transfers from the Storen account exceeded $300, however the last complete was $13,837. The Bar auditor mentioned no less than $9,630 of that went to Davis’ private account.

The Bar petition says Davis claimed that money counted as his attorney’s charges and mentioned he even included them in his gross taxable revenue, however has “not provided evidence to support those funds were his earned attorney’s fees.”

Also, the Bar mentioned Davis didn’t file an annual accounting in his guardianship for Storen from 2014 via 2018.

Miami Motors’ money

The matter of the opposite $1,392 entails Miami Motors, an organization run by Henry Rose within the Country Walk space of Kendall. The Bar petition says Rose paid Davis $350 up entrance, however they by no means had a payment settlement. Rose claimed Davis didn’t come throughout with all of Rose’s half of $3,500 after the case settled in 2023.

Davis, the Bar petition says, didn’t put the settlement test in his belief account on March 21, 2023, however in his private account, mixing enterprise and private money. By March 31, the Bar petition says, Davis’ private account was all the way down to $182.90 after Davis made funds to Citibank, American Express, Capital One, (*50*) and Florida Power & Light.

Davis did pay Rose $1,575, the Bar says, from his belief account over 4 funds from April 10 via May 4. But that plus the $182.90, by the Bar’s math, nonetheless leaves Davis $1,392.10 quick.

Also, “one cannot use client money received today for an attorney’s personal purposes banking on it being replaced in time for a client payment in the future,” the Bar mentioned.

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