#Attorneys&039; fees documentation

[andrewjbernhard]

Challenging Attorney’s Fees in Florida Federal Courts

Are you facing challenges with prevailing party attorney’s fees in Florida federal court? Our latest post breaks down everything you need to know! From improper block billing and duplicative charges to relief from excessive fee awards. #bernhardlawfirm

Introduction In Florida’s federal courts, the issue of attorneys’ fees can become a contentious point of litigation, particularly when it comes to claims for prevailing party attorneys’ fees. Understanding how to challenge these claims is crucial for attorneys and parties involved in litigation. This article will explore the legal framework surrounding attorneys’ fees in federal court, the…

[lawofficeofryansshipp]

Florida's Title And Closing Process

Title And Closing Process In Florida If you’re thinking about buying or selling a home in Florida, it’s important to understand Florida’s title and closing process. Let’s go through the basics together. Title Search First off, in Florida, a title search is conducted to make sure the property’s title is free of any issues like liens, judgments, or other encumbrances. A title company, such as…

[recreation-law]

You can collect for damaged gear you rented to customers if your agreements are correct. This snowmobile outfitter recovered $27,000 for $220.11 in damages.

You can collect for damaged gear you rented to customers if your agreements are correct. This snowmobile outfitter recovered $27,000 for $220.11 in damages.

It helps to get that much money if the customer is a jerk and tries to get out of what they owe you. It makes the final judgment even better when one of the plaintiffs is an attorney.

Citation: Hightower-Henne v. Gelman, 2012 U.S. Dist. LEXIS 4514, 2012 WL 95208

State: Colorado; United States District Court for the District of Colorado

Plaintiff: Tracy L. Hightower-Henne, and Thomas Henne

Defenda…

[newssplashy]

The Manhattan District Attorney's office is reportedly looking into possible criminal charges against the Trump Orgnization and two senior officials there, in connection with hush-money payments made to women who said they had sexual relationships with Donald Trump.

Prosecutors in Manhattan, New York, are weighing possible criminal charges against the Trump Organization and two unnamed senior officials at the company, The New York Times reported on Thursday night.

According to the report, the Manhattan District Attorney is looking at what role the organization may have had in the arrangement of payments Michael Cohen made to women who claimed to have had sexual relationships with Donald Trump.

The investigation would seek to determine how the Trump Organization accounted for the reimbursement it paid Cohen, the report said, noting that the company labeled the reimbursement as payment for legal fees.

Cohen is Trump's former personal attorney. He pleaded guilty to campaign-finance violations and other charges on Tuesday.

As part of the deal, he testified under oath that he made the payments to bury damaging stories about Trump and preserve his candidacy in the 2016 election.

New York state prosecutors are said to be weighing possible criminal charges against the Trump Organization and two unnamed senior officials at the company, The New York Times reported Thursday night.

The Manhattan District Attorney's office is trying to determine what role the organization may have had in the arrangement of a payment Michael Cohen made to Stormy Daniels, the adult-film actress who said she had a sexual relationship with Donald Trump.

According to The Times report, the DA's investigation would try to determine how the Trump Organization accounted for the reimbursement it paid Cohen, who was Trump's personal lawyer at the time he facilitated the $130,000 payment to Daniels in 2016.

The identities of the two senior officials reportedly being targeted in the Manhattan DA's inquiry were not immediately clear. As Business Insider's senior politics reporter Allan Smith wrote this week, observers pointed to Allen Weisselberg, the Trump Organization's chief financial officer, as likely to be one of the two.

The Times report notes that the Manhattan DA's inquiry is still in its early stages, and prosecutors have not yet decided whether they will proceed.

Cohen pleaded guilty to campaign-finance violations and other charges on Tuesday. As part of the deal, he testified under oath that he made the hush-money payment to keep Daniels quiet about her alleged affair with Trump in order to preserve his candidacy in the 2016 election.

Court documents related to Cohen's plea deal said the Trump Organization reimbursed Cohen $420,000 for the payment to Daniels and labeled it as legal fees. The money covered the $130,000 payment to Daniels plus costs and fees, a bonus for Cohen, and money to cover his tax liability.

The Trump Organization paid Cohen in $35,000 installments through 2017, and submitted false invoices for the payments which it said were part of a monthly retainer.

"In truth and in fact, there was no such retainer agreement, and the monthly invoices Cohen submitted were not in connection with any legal services he had provided in 2017," prosecutors in Cohen's case said.

A New York state case against the Trump Organization could add to the president's worries because his pardon power does not apply to businesses or individuals convicted of state crimes.

Trump has already issued several pardons in his first 18 months in office. People in his orbit have publicly discussed a possible pardon for his former campaign chairman Paul Manafort, who this week was convicted on multiple counts of tax and bank fraud.

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[newssplashy]

There could be a round of legal headaches for the Trump Organization after a pair of unnamed employees were listed in the charges pressed against President Donald Trump's former longtime lawyer Michael Cohen by the US Attorney's Office for the Southern District of New York.

President Donald Trump's former longtime lawyer Michael Cohen's plea agreement could open up a new legal front involving the Trump Organization.

Prosecutors laid out how executives at Trump's business helped reimburse Cohen for the "election-related expenses" and labeled the payments as legal fees.

Experts said this could open up a couple of new fronts.

There could be a new round of legal headaches for the Trump Organization after a pair of unnamed employees were listed in the charges pressed against President Donald Trump's former longtime lawyer Michael Cohen by the US Attorney's Office for the Southern District of New York.

Cohen on Tuesday pleaded guilty to five counts of tax evasion, one count of making a false statement to a financial institution, and two counts related to campaign-finance violations. Cohen said under oath that Trump directed him to violate campaign-finance laws just before the 2016 presidential election in order to boost his candidacy.

The latter two charges were in connection to payments to the former Playboy model Karen McDougal and the porn actress Stormy Daniels to silence their allegations of affairs with Trump.

In the information made public by federal prosecutors, they laid out how executives at Trump's business helped reimburse Cohen for the "election-related expenses." According to the court filings, Cohen submitted an invoice in January 2017 requesting $180,000 — which included $130,000 for the payment he facilitated to Daniels and $50,000 for "tech services."

The Trump Organization officials listed in the filings allegedly inflated that total to $420,000, which would be paid to Cohen in installments of $35,000, a monthly retainer fee throughout 2017.

The company accounted for those monthly payments as legal expenses, according to the court filing.

"In truth and in fact, there was no such retainer agreement, and the monthly invoices Cohen submitted were not in connection with any legal services he had provided in 2017," prosecutors wrote.

Though the two executives named in the document were not named, many were quick to point to Allen Weisselberg, the Trump Organization's chief financial officer, as likely to be one of the two.

Last month, Weisselberg found himself dragged into the Cohen saga after his attorney, Lanny Davis, released an audio recording Cohen made of a conversation with Trump in September 2016. In the recording, which Cohen apparently made without Trump's knowledge, the two men discuss buying the rights to McDougal's story.

Cohen mentioned Weisselberg at a couple of key points during the recording, which was seized by the FBI in its April raids of Cohen's home, office, and hotel room as part of the investigation.

Soon after, it was reported that Weisselberg was summoned to testify before a grand jury in the Cohen investigation.

Experts said the section highlighting the actions of the two Trump Organization executives could pose legal problems for the company.

Jenny Johnson Ware, partner at the Chicago tax litigation firm Johnson Moore, said the allegations made by prosecutors, if true, made it a near certainty that at least one of the Trump entities was filing false tax returns. The section of the information also suggested that prosecutors could soon target Trump Organization executives if they continue to press forward in the Cohen investigation.

Mitchell Epner, an attorney at Rottenberg Lipman Rich who was previously an assistant US attorney for the District of New Jersey, told Business Insider in an email that the language used by prosecutors in the filing "raises the possibility in my mind of a potential prosecution for money laundering."

Roland Riopelle, a partner at Sercarz & Riopelle who was formerly a federal prosecutor with the US Attorney's Office for the Southern District of New York, pointed to Weisselberg being summoned to testify testimony to the grand jury and told Business Insider the executive "may already have immunity and may already have told the SDNY what they know."

"If that is so, it explains why the SDNY does not need Cohen to testify as to campaign finance issues," Riopelle added. "That testimony has already been obtained. If the employees do not have immunity, it is possible they, too could be charged with crimes, if the government can show they knew they were violating the law and covering up the illicit payments."

A representative for the Trump Organization did not respond to a request for comment from Business Insider. Alan Futerfas, an attorney for the company, also did not return a request for comment.

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[newssplashy]

Politics: The Trump Organization could be opened up to further legal exposure after prosecutors highlighted the actions of 2 employees in the Michael Cohen saga

There could be a round of legal headaches for the Trump Organization after a pair of unnamed employees were listed in the charges pressed against President Donald Trump's former longtime lawyer Michael Cohen by the US Attorney's Office for the Southern District of New York.

President Donald Trump's former longtime lawyer Michael Cohen's plea agreement could open up a new legal front involving the Trump Organization.

Prosecutors laid out how executives at Trump's business helped reimburse Cohen for the "election-related expenses" and labeled the payments as legal fees.

Experts said this could open up a couple of new fronts.

There could be a new round of legal headaches for the Trump Organization after a pair of unnamed employees were listed in the charges pressed against President Donald Trump's former longtime lawyer Michael Cohen by the US Attorney's Office for the Southern District of New York.

Cohen on Tuesday pleaded guilty to five counts of tax evasion, one count of making a false statement to a financial institution, and two counts related to campaign-finance violations. Cohen said under oath that Trump directed him to violate campaign-finance laws just before the 2016 presidential election in order to boost his candidacy.

The latter two charges were in connection to payments to the former Playboy model Karen McDougal and the porn actress Stormy Daniels to silence their allegations of affairs with Trump.

In the information made public by federal prosecutors, they laid out how executives at Trump's business helped reimburse Cohen for the "election-related expenses." According to the court filings, Cohen submitted an invoice in January 2017 requesting $180,000 — which included $130,000 for the payment he facilitated to Daniels and $50,000 for "tech services."

The Trump Organization officials listed in the filings allegedly inflated that total to $420,000, which would be paid to Cohen in installments of $35,000, a monthly retainer fee throughout 2017.

The company accounted for those monthly payments as legal expenses, according to the court filing.

"In truth and in fact, there was no such retainer agreement, and the monthly invoices Cohen submitted were not in connection with any legal services he had provided in 2017," prosecutors wrote.

Though the two executives named in the document were not named, many were quick to point to Allen Weisselberg, the Trump Organization's chief financial officer, as likely to be one of the two.

Last month, Weisselberg found himself dragged into the Cohen saga after his attorney, Lanny Davis, released an audio recording Cohen made of a conversation with Trump in September 2016. In the recording, which Cohen apparently made without Trump's knowledge, the two men discuss buying the rights to McDougal's story.

Cohen mentioned Weisselberg at a couple of key points during the recording, which was seized by the FBI in its April raids of Cohen's home, office, and hotel room as part of the investigation.

Soon after, it was reported that Weisselberg was summoned to testify before a grand jury in the Cohen investigation.

Experts said the section highlighting the actions of the two Trump Organization executives could pose legal problems for the company.

Jenny Johnson Ware, partner at the Chicago tax litigation firm Johnson Moore, said the allegations made by prosecutors, if true, made it a near certainty that at least one of the Trump entities was filing false tax returns. The section of the information also suggested that prosecutors could soon target Trump Organization executives if they continue to press forward in the Cohen investigation.

Mitchell Epner, an attorney at Rottenberg Lipman Rich who was previously an assistant US attorney for the District of New Jersey, told Business Insider in an email that the language used by prosecutors in the filing "raises the possibility in my mind of a potential prosecution for money laundering."

Roland Riopelle, a partner at Sercarz & Riopelle who was formerly a federal prosecutor with the US Attorney's Office for the Southern District of New York, pointed to Weisselberg being summoned to testify testimony to the grand jury and told Business Insider the executive "may already have immunity and may already have told the SDNY what they know."

"If that is so, it explains why the SDNY does not need Cohen to testify as to campaign finance issues," Riopelle added. "That testimony has already been obtained. If the employees do not have immunity, it is possible they, too could be charged with crimes, if the government can show they knew they were violating the law and covering up the illicit payments."

A representative for the Trump Organization did not respond to a request for comment from Business Insider. Alan Futerfas, an attorney for the company, also did not return a request for comment.

source http://www.newssplashy.com/2018/08/politics-trump-organization-could-be.html

[newssplashy]

Politics: Why the FBI's raid on Michael Cohen's office could spell trouble for Trump

Michael Cohen's possible criminal exposure heightens the possibility that he could "flip" against President Trump.

News that the FBI seized work product between Michael Cohen and his clients could pose significant ramifications for President Donald Trump, who is one of Cohen's longtime clients.

If investigators find that certain communications aren't covered under attorney-client privilege, they could theoretically be used in a criminal investigation.

Cohen's mounting legal exposure also raises the possibility that he will "flip" against Trump.

Cohen is a central figure in several investigative threads as they relate to Trump, his personal dealings, and the Trump administration.

Trump refused to rule out firing the special counsel Robert Mueller on Monday, indicating that Mueller is inching closer to the "red line" Trump said Mueller would cross if the special counsel investigated his finances.

The revelation that the FBI seized work product between Michael Cohen and his clients, which could include President Donald Trump, one of Cohen's longtime clients, is monumental for two key reasons.

If investigators found communications between Trump and Cohen that are not protected under attorney-client privilege, they can be used in a criminal investigation.

Cohen's mounting criminal exposure raises the possibility that he will "flip" and become a cooperating witness against Trump, who is being investigated by the special counsel Robert Mueller.

Monday's raid does not appear to be part of the Russia probe. Instead, investigators were acting on a referral from Mueller, likely after he uncovered evidence of potential wrongdoing outside of his investigative focus while scrutinizing Cohen. FBI agents subsequently obtained a warrant to seize records and electronic devices from Cohen's offices, and potentially some communications between Cohen and Trump.

The president is Cohen's primary and most high-profile client. Cohen left the Trump Organization in early 2017 and has served as a personal attorney to Trump since then. However, his relationship with the president stretches back years, and Cohen has developed a reputation as one of Trump's closest allies.

The fact that Trump's and Cohen's communications were likely included within the scope of the warrant indicates they "related in some way to the federal crime for which Cohen is under investigation," former federal prosecutor Renato Mariotti wrote on Twitter.

The Washington Post reported Monday that Cohen is apparently under investigation for bank fraud and violating election law.

Mariotti noted that a "taint team" will review the seized communications to determine which ones fall under attorney-client privilege, and which ones do not.

A taint team is an internal group, walled off from investigators, that the government sets up when it seizes electronically stored documents with a search warrant. The team's primary responsibility is to separate out materials that are protected in order to avoid later claims that the government improperly accessed the documents, according to The New York Law Journal.

Possible examples of communications that would not fall under attorney-client privilege are those that do not relate to legal advice, or which point toward furthering an ongoing crime, Mariotti said.

A central figure in at least 4 investigative threads involving Trump

Cohen has been under increased scrutiny ever since he revealed he personally executed a $130,000 payment to the adult film actress Stormy Daniels, who says she had a sexual encounter with Trump. Cohen made that payment 11 days before the 2016 US election.

Cohen has said that he paid the money out of his own pocket, and that Trump had nothing to do with the agreement. Trump echoed the same last week, in his first public comments about the arrangement.

The payment raised red flags on multiple fronts: Cohen's bank marked the wire transfer as suspicious and notified the US Treasury, and the payment itself could have violated campaign finance rules.

Cohen is also a key figure in at least three additional threads in the Russia probe as it relates to the Trump administration and Trump's personal business:

The first relates to the Trump Organization's effort in late 2015 and early 2016 to secure a Trump Tower deal in Moscow and Cohen's subsequent contact with a top Kremlin official at the height of the 2016 US election. Felix Sater, a Russian-born businessman who acted as an intermediary between the Trump Organization and Russia on the failed deal, revealed last month that Trump's businessman was actively negotiating with a sanctioned Russian bank to secure financing for the project during the election.

The second thread relates to what The New York Times has described as a "peace plan for Ukraine and Russia" which appeared to favor Moscow. Cohen was reportedly instrumental in developing and hand-delivering the plan to Michael Flynn, the former national-security adviser, before Flynn was forced to resign last year. Cohen has offered shifting explanations for his role in the matter.

Sater and the Ukrainian politician Andrey Artemenko were also involved in the effort. The proposal advocated for the Trump administration to lift sanctions on Russia in exchange for Moscow's withdrawing its support for pro-Russia separatists in eastern Ukraine. It would also allow Russia to maintain control over the territory of Crimea, which it annexed in 2014.

The third line of inquiry relates to a controversial Ukrainian oligarch's $150,000 donation to the Trump Foundation in September 2015, in exchange for a 20-minute talk Trump gave at a European conference that sought to promote closer ties between Ukraine and the West.

The oligarch, Victor Pinchuk, drew significant criticism from Ukrainian leaders when he published an op-ed in The Wall Street Journal in December 2016, suggesting Ukraine make compromises with Russia to resolve their conflict. Pinchuk is also the son-in-law of former Ukrainian president Leonid Kuchma, whose government was accused of corruption and ordering the murder of dissenting journalists.

According to The Times, Pinchuk's charitable organization, the Victor Pinchuk Foundation, courted Trump to speak at the conference in late August 2015. Trump reportedly did not broach the subject of a payment, but Cohen called a consultant working for Pinchuk the next day to ask for a $150,000 fee in exchange for Trump's talk.

If the taint team finds communications between Trump and Cohen related to any of those four threads — or others that are not publicly known — and determines they do not fall under attorney-client privilege, it could open the door to increased legal exposure for the president.

The facts of the case prosecutors appear to be building around Cohen's work could also, in theory, prompt investigators to call Cohen to testify against his own clients, including Trump.

Trump warned last year that Mueller would be crossing a "red line" if he investigated any of his personal finances. On Monday, he indicated that Mueller may have breached that boundary.

"I have this witch hunt constantly going on," Trump said during a military leadership meeting, according to a press pool report. "It's an attack on our country ... what we all stand for."

He also did not discount the possibility of firing Mueller.

"We'll see what happens," Trump said.

Bryan Logan contributed to this report.

source https://www.newssplashy.com/2018/04/politics-why-fbis-raid-on-michael.html

[newssplashy]

Politics: Mueller is investigating a $150,000 payment a pro-Russian oligarch made to the Trump Foundation during the campaign

President Trump's personal lawyer, Michael Cohen, reportedly solicited the donation. The FBI raided Cohen's offices this week.

The special counsel Robert Mueller is reportedly probing a $150,000 donation a pro-Russian Ukrainian oligarch made to the Trump Foundation in September 2015.

The oligarch, Victor Pinchuk, made the donation after then-candidate Donald Trump gave a 20-minute speech at a European conference that promoted closer ties between Ukraine and the West.

Pinchuk has previously advocated for making compromises with Russia to resolve the conflict with Ukraine.

The donation was reportedly solicited by Trump's personal lawyer, Michael Cohen, whose offices were raided by the FBI as part of a separate investigation on Monday.

The special counsel Robert Mueller is looking into a large donation a pro-Russian Ukrainian oligarch made to the Trump Foundation in September 2015 after then-candidate Donald Trump gave a video talk at a conference in Kiev, Ukraine, The New York Times reported.

At the time, Trump was one of several Republicans vying for the 2016 presidential nomination. In August 2015, Doug Schoen, a political consultant who works for the Ukrainian billionaire and steel magnate Victor Pinchuk, personally contacted Trump to set up the speech, according to the report.

Trump accepted the request but reportedly did not broach the subject of any payment. However, his personal lawyer, Michael Cohen, is said to have called Schoen the next day to ask for a $150,000 fee from Pinchuk in exchange for the talk.

The revelation comes as Mueller investigates the flow of foreign money into the Trump campaign and Trump's personal business. The special counsel is also examining whether administration officials used their influence within the White House to benefit their personal finances.

On Monday, investigators working for the US attorney's office at the Southern District of New York raided Cohen's offices in New York after obtaining a search warrant, and seized records on various topics, such as the $130,000 nondisclosure payment Cohen made the adult-film actress, Stormy Daniels, shortly before the 2016 US presidential election. Investigators also seized a computer, phone, personal financial records, and attorney-client communications.

Cohen is currently a subject of scrutiny in two criminal investigations, one of which is being overseen by the SDNY and the other by Mueller's office.

The Washington Post reported Monday that Cohen is under investigation for possible bank fraud and campaign finance violations. Meanwhile, the special counsel's heightened focus on Cohen comes after he subpoenaed the Trump Organization for documents and records related to its foreign deals. According to The Times, the Trump Organization responded by handing over documents about Pinchuk's donation, among others.

As part of his investigation into the Trump Organization's foreign deals, Mueller is said to be particularly interested in the company's push to build a Trump Tower in Moscow in 2015, just months after Trump gave the talk in Kiev. Cohen and the Russian-born businessman Felix Sater were instrumental in pushing for the deal.

Though the project ultimately fell through, it attracted renewed scrutiny last month when Sater confirmed on national television that the Trump Organization was actively negotiating with a sanctioned Russian bank to secure financing for the building at the height of the election.

Meanwhile, the Times' report about Pinchuk's donation to the Trump Foundation comes after Mueller questioned at least three wealthy Russian oligarchs over whether they directly or indirectly funneled money into the Trump campaign. Investigators have also been asking witnesses about money flowing in from the United Arab Emirates and asked for information about Pinchuk as part of that line of inquiry.

Pinchuk's donation was the largest the Trump Foundation received in 2015 from anyone other than Trump himself, the report said. Experts also pointed out that the large amount of the donation was disproportionate to the relatively short length of Trump's talk, which lasted 20 minutes.

Trump gave the talk via a video link at the Yalta European Strategy conference, which promotes closer ties between Ukraine and the West. Previous attendees include former British Prime Minister Tony Blair and former President Bill Clinton.

Trump has frequently criticized the Clintons for using their charitable organization, the Clinton Foundation, for personal financial gain and to peddle political influence. Pinchuk has donated more than $13 million to the Clinton Foundation, per The Times.

The Victor Pinchuk Foundation, which sponsored the conference, said in a statement to The Times that the $150,000 donation to Trump's foundation was "a specific request of Mr. Trump Foundation in September of 2015 when there were multiple candidates for the Republican nomination for president and it was by no means assured that Mr. Trump would be the Republican nominee in 2016."

The Trump Foundation has drawn significant scrutiny for appearing to use donations for Trump's and his family members' personal benefit. The foundation also reportedly said in a tax filing made two weeks after Trump won the 2016 election that it may have broken federal rules that prohibit charitable organizations from self-dealing.

source https://www.newssplashy.com/2018/04/politics-mueller-is-investigating.html