THE FLORIDA BAR, COMPLAINANT,
v.
DANIEL I. WINCOR, RESPONDENT
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The Florida Supreme Court approved the Board of Governors' recommendation to disbar attorney Daniel I. Wincor for fraudulent conduct involving clients, specifically for obtaining $50,000 from clients through false mortgage and promissory note representations. The Court rejected Wincor's arguments regarding delays and refusal to testify based on pending unrelated criminal charges.
The Court affirmed that disbarment was proper. The delays were justified as they accommodated Wincor's self-incrimination concerns regarding the Greenburg case, but Wincor failed to establish that a separate pending criminal case warranted continued abeyance. Wincor violated his oath as an attorney and multiple professional conduct rules.
[1] An attorney's fraudulent misrepresentation to clients regarding investments constitutes a violation of professional ethics warranting disbarment.
[2] Disciplinary proceedings against an attorney may be held in abeyance pending resolution of related criminal charges.
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Join FLexlaw to unlock all legal intelligence“Wincor obtained $50,000.00 from Aaron and Belle Greenburg, his clients, on the representation that a certain corporation was seeking a mortgage on property it held in Dade County. In return for their money, the Greenburgs received from Wincor a mortgage document and a promissory note, both purportedly executed by the corporation.”
Establishes the fraudulent scheme at the heart of the disciplinary case
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Join FLexlaw to unlock all legal intelligenceIn 1963, Wincor obtained $50,000 from clients Aaron and Belle Greenburg on the representation that a corporation sought a mortgage on property in Dade…
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The Board of Governors of The Florida Bar recommends to us that respondent, Daniel I. Wincor, be disbarred from the practice of law in Florida. Procedurally, the cause comes to us under the version of Article XI of the Integration Rule, 32 F.S.A. in effect prior to July 1, 1969. We approve the recommendation.
In 1963, Wincor obtained $50,000.00 from Aaron and Belle Greenburg,' his clients, on the representation that a certain corporation was seeking a mortgage on prop*248erty it held in Dade County. In return for their money, the Greenburgs received from Wincor a mortgage document and a promissory note, both purportedly executed by the corporation. Subsequently, Wincor substituted another mortgage as security for the first; this mortgage was purportedly executed by a different corporation. In fact, the note and both mortgages were entirely fraudulent and even bore fraudulent recording stamps and notarizations. After these transactions, Wincor became so very evasive that the Greenburgs checked with the County Clerk’s office on the status of their mortgages; thus was the fraud uncovered.
When disciplinary action was initiated against Wincor, it was known that criminal charges were also pending against him on account of the Greenburg affair. Accordingly, the Bar action was held in abeyance until these charges were resolved. When this cause finally came on for hearing, Wincor refused to testify on the ground that yet another separate criminal charge involving a third party, and arising out of a different transaction, was then pending in which the Greenburgs had been subpoenaed as witnesses. He contended that the door to self-incrimination would be opened if he testified at the Bar proceedings because the pending case and the Green-burg case were similar. The disciplinary proceeding continued, notwithstanding Win-cor’s refusal to participate. The witnesses and exhibits presented amply supported the referee’s recommendation of disbarment, and the Board of Governor’s agreed that disbarment was proper.
Before this Court, Wincor now argues that the delays below have deprived him of a speedy resolution of the charges levied against him; in the alternative, he argues that the proceedings below should have been held in abeyance even longer, until no further criminal charges were pending. Neither argument impresses us. The delays were occasioned primarily at the request of Wincor’s counsel because of the pendency of the criminal cases; the referee agreed to the delay in order that Wincor not be caught in a self-incrimination situation with regard to the Greenburg case. We noted in The Florida Bar v. Craig, 238 So.2d 78 (Fla.1970), that this was a preferable approach. But Wincor has not demonstrated that the additional pending case was so related to the Greenburg prosecution that the same approach was warranted. Indeed, we have been told almost nothing about the pending case or its subject matter other than that the Greenburgs were to be witnesses. Furthermore, we are of the view that since Wincor did not establish any meaningful connection between the Bar matter and the pending criminal case, he should have been willing to respond selectively to particular questions, rather than simply refuse to participate in any manner.
By reason of the foregoing, we agree with the referee and the Board of Governors that respondent has violated his oath as an attorney, and has also violated Rule 11.02 of Article XI of the Integration Rule, Canon 11 of the Canons of Professional Ethics and Rules 27, 28, 30 and 32 of Additional Rules Governing the Conduct of Attorneys in Florida, 32 F.S.A. It is the judgment of this Court that Daniel I. Win-cor should be disbarred from the practice of law in Florida.
It is so ordered.
ROBERTS, C. J., and ERVIN, CARLTON, McCAIN and DEKLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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THE Florida BAR v. Marks, 492 So. 2d 1327 (Fla. 1986)…inal charges. Clearly, a delay in a disciplinary proceeding does not deprive an attorney of a speedy resolution of charges against him where the delay has been occasioned primarily at the request of the attorney’s counsel. The Florida Bar v. Wincor, 257 So. 2d 247 (Fla.1971). Moreover, we do not view the time period involved in this case as unreasonable. Compare The Florida Bar v. Randolph, 238 So. 2d 635 (Fla.1970) (Supreme Court refused to dismiss a disciplinary action even though over ten years has passed…
Authorities Cited
- THE Florida BAR v. Craig, 238 So. 2d 78 (Fla. 1970)