Archive for the 'Kline Preston in the News' Category

Briefly: Russian files suit in Nashville claiming Da Vinci Code infringement

Tuesday, July 3rd, 2007

By E. Thomas Wood07-03-2007 12:20 PMwww.nashvillepost.com

An art scholar from the art museum of the Hermitage in St. Petersburg, Russia, yesterday took on the author and publisher of the blockbuster novel The Da Vinci Code, choosing Nashville as the battleground.

Dr. Mikhail Anikin followed through on threats made more than a year ago to sue author Dan Brown and publisher Random House for supposedly stealing the concept of a “Da Vinci code” from him. Nashville lawyer Kline Preston, who studied in St. Petersburg back when it was still known as Leningrad, brought the legal action on behalf of Anikin in Nashville’s federal court. Preston discussed his intention of filing the lawsuit with Nashville Post Co.’s “Nashville Attorney” last December.

A copy of the complaint is available at this link.

I CALLED IT RIGHT

Friday, June 29th, 2007

I posted a blog article on May 25, 2006 about Durham District Attorney Mike Nifong in which I opined that he was an abusive, reckless and unqualified district attorney. This was at the same time the Black Panthers, Jesse Jackson, Al Sharpton, and Nancy Grace were fitting coffins for those talented, young Duke Lacrosse players. Well, and I really do enjoy this—– “ I TOLD YOU SO!!!” My question now is where are Nancy Grace, the Black Panthers, Jesse Jackson, Al Sharpton and the Duke Faculty now? The silence is deafening.

From Tampa, to Nashville, to nowhe

Wednesday, December 20th, 2006

By JEFF TESTERMAN, Times Staff Writer
Published December 8, 2006

In a storybook ending, Matthew B. Cox might have abandoned his criminal ways, married the girlfriend he met in Nashville and settled into a business offering hope to underprivileged home-buyers.
Instead, Cox reverted to the form that sparked an FBI investigation in Tampa and put him atop the U.S. Secret Service’s most-wanted list for a trail of mortgage frauds across the South.
In Nashville, using the alias Joseph M. Carter, Cox deceived investors, lenders and tenants.

He shielded his identity from Amanda Gardner, a 25-year-old divorced mother who became his girlfriend and business partner in a home rehab company called Nashville Restoration Project.
Investigators in Tennessee believe Cox borrowed from a technique fine-tuned in Tampa, creating a fictional Florida investor — this time the name was Walter A. Holcomb — to sign for mortgage loans.
A St. Petersburg Times examination of documents recorded in Nashville shows the fictional names Carter and Holcomb were used to acquire 23 properties and to sign for 15 fraudulent mortgage loans totaling more than $1.47-million. The Times also found forged property records.
With Cox already facing a 42-count federal indictment in Atlanta and possible charges in Tampa, the Secret Service is investigating his Tennessee activities.
For 17 months in Nashville, Cox masqueraded as Carter, a 39-year-old developer who wore hair plugs and a diamond earring.

He impressed investors with an ambitious vision for the Napier neighborhood, an area of dilapidated, shotgun-style homes built from 1900 to 1920.
“He had big dreams about developing the ’hood, and after I saw the renovation of his place, I said, ‘Wow, this guy’s very talented,’ ” said Omar Melo, a developer who sold three properties to Carter.
“He cracked the whip on the contractors, and he brought this artistic background and a level of meticulousness to the job that made it look like a real attractive business venture.’’
Kline Preston, a Nashville attorney representing Gardner, said the Secret Service interviewed him about her involvement with the man she knew as Carter.
“She was essentially a victim,’’ Preston said. “This guy hijacked her business. He traded on her vulnerability. She got caught up in this whirlwind after she fell in love with the guy.’’
In the wake of Cox’s arrest, Preston said he and Gardner are trying to salvage what they can out of her Nashville investments while protecting the interests of lenders.
As for Cox, Preston said, “Oh, they’re going to indict him. What he’s looking at is being behind bars from now on.”
***
Joseph M. Carter’s signature first appears in Nashville in the Davidson County Register of Deeds in June 2005, not long after Cox split up with his fiancee and accomplice, Rebecca Hauck, in Texas.
She and Cox, a University of South Florida art student and mortgage broker stripped of his license after a fraud conviction, fled Tampa in December 2003 as the Times prepared to publish stories about his involvement in questionable property deals in Tampa Heights.
According to an indictment in August 2004, the couple embarked on a multi-state mortgage fraud crime spree after leaving Florida, using stolen identities and forgery to steal millions, then spending it on luxury cars, jewelry and plastic surgery.
Hauck was captured in Houston. She pleaded guilty to reduced charges and agreed to testify against Cox if agents captured him. On Nov. 15, she was sentenced to 70 months in prison and ordered to pay $1.19-million restitution.
A day later, Secret Service agents arrested Cox at his and Gardner’s rehabbed home at 79 Donelson St. in Nashville.

Agents had been tipped off by a 60-year-old retiree and occasional babysitter. She said she became suspicious of Carter and matched him with a picture of Cox she found on the Secret Service’s Web site.
***
The list of those duped in Nashville runs the gamut, from notaries to bankers to poor people who thought they were buying homes from Carter.
Among them was Rosie Lee Harris, a 77-year-old widow who uses a walker. She signed an agreement for deed with Carter last year to buy the 105-year-old frame home at 113 Claiborne St., a property the county assessor says is worth $62,800. Carter paid $179,000 for it, signing for two mortgages totaling $186,750.
Harris said she put $1,200 down, moved her family in, then paid $600 a month toward the purchase, even though portable heaters had to be brought in when the gas heat didn’t work.
After Carter’s arrest, Harris learned her contract is worthless. She was told that her family will be forced to find new quarters.
“The Secret Service told me, ‘Don’t pay your rent to nobody, because right now, nobody owns this place but the bank,’ ’’ Harris said. “I pray every night about it and ask God what’s going to happen to us.”
***
Carter’s Nashville acquisitions mirror many made while Cox was an executive at Urban Equity, an Ybor City real estate firm.

There, buyers paid inflated prices for run-down properties, obtained exorbitant mortgages,  collected rent for a period, then disappeared.
Many Tampa purchases were made by buyers Cox invented, according to court records. The non-existent Brandon Green and James Redd were among the phony names used to obtain $2.77-million in mortgage loans to buy 21 properties.
In Nashville, the phantom investor who popped up after Cox came to town was Walter A. Holcomb.
“Holcomb was supposed to be a businessman out of Tampa who ran a company called Manufacturer’s Funding Group,’’ said Preston, Gardner’s attorney. “But we believe he was just an alter ego for Carter.’’
There is no corporate listing for Manufacturer’s Funding Group in Florida or Tennessee. The Social Security number shown for Holcomb was issued only last year.
The Holcomb name was used for three purchases, including one from Gardner, which Preston said was done at Carter’s behest. He says she never saw the supposed investor, at a closing or elsewhere.
Dennis and Letina Rouse, who rented a $775-a-month home from Holcomb, never laid eyes on him either.
Letina Rouse said she wanted to speak to the landlord because the roof leaks, there is no electricity in one bedroom and no heat in the bathroom.
“I never saw him, I never talked to him, I don’t even have a phone number for him,’’ Letina Rouse said of Holcomb.
“But he had more mail coming here than we did: mortgage statements, bank statements, credit card statements. I sent it all back. It was very fishy, all his mail coming here like that.”
The Rouses paid their rent to Andrew Hereford, the same man who collected rents for Carter. Records show the Holcomb tax bill for the Rouse rental was sent to 79 Donelson St., the home where Carter lived.
At least two documents in the Holcomb transactions are forged.
One was the deed for the sale of a 734-square-foot home for $175,000 from Carter to Holcomb, a sale from a non-existent seller to a non-existent buyer. Holcomb’s signature was notarized by John Gleaves, manager of a Nashville title company.
But Gleaves said he never notarized the document.
“There’s no doubt, that’s not my signature,’’ Gleaves said. He said he handled several closings for Carter, but “had no clue’’ about any forgery.
Another document, called a release of lien, was filed to show a $122,500 loan to Holcomb had been paid. It is purportedly filed by an official of Homecomings Financial Network named David L. Stone Jr. in Charlotte, N.C., in Jefferson County. It is notarized by Robert S. Thomas.
But there is no David L. Stone at Homecoming’s Charlotte office. There is no notary named Robert S. Thomas in Charlotte. And there is no Jefferson County in North Carolina.
Fooled by the forgery into believing the loan against Holcomb’s property had been paid off, another lender, SunTrust Mortgage, made a new $122,500 loan to Holcomb.
If there is a lesson to be learned, said Preston, it’s that there is “zero authentication’’ of documents when deeds are transferred and mortgages and other instruments are recorded. That opens the door to fraud.
“If I filed a deed for the moon, they’d accept it, it would be recorded and it would show I owned the moon,’’ Preston said.
“Mr. Cox saw the weakness in the system. He figured it all out.”
Times researcher John Martin contributed to this report. Jeff Testerman can be reached at (813) 226-3422 or testerman@sptimes.com

Nashville lawyer takes on DaVinci’s Random House

Wednesday, December 20th, 2006

Nashville attorney Kline Preston says the Kline Preston Law Group has been retained by Russian author and art historian Mikhail Anikin to sue Random House Inc. and The Da Vinci Code author Dan Brown for violating Anikin’s rights.

Preston, 40, told Nashville Attorney he plans to file the suit in U.S. District Court for MiddleKline Preston Tennessee this month. Preston said Dec. 7 that the filing will invoke protections of author’s rights under Russian law, as well as protections afforded by copyright laws and by the Berne Convention Protecting Literary and Artistic Works.
 Anikin contends his 2000 work, Leonardo Da Vinci or Theology on Canvas (also translated, Leonardo da Vinci: Theology In Paint), not only explicitly referred to the central mystery as the “Da Vinci Code,” but also laid out the premise that Da Vinci’s famous Mona Lisa (La Giaconda) melded images of both Jesus and the Virgin Mary, and represented an allegory of the Christian church.  
 Anikin asserts that in 1998 he described his theory to both his Russian colleagues and to Americans visiting at the Hermitage Museum in St. Petersburg, Russia.  Anikin says that with his consent those with whom he spoke passed the theory along to one or more authors, with the understanding Anikin would be given credit for his analysis by anyone using it. Preston confirmed this account.
 Preston and St. Petersburg-based partner Chris Mitchell established Mitchell & Preston attorneys in St. Petersburg; Mitchell is of-counsel to Preston’s Nashville firm.  
 Both men have prior experience in international and domestic business law, and a portion of Preston’s practice involves assisting in Americans’ adoptions of children born in the Ukraine and elsewhere in the former Soviet Union. Preston and Mitchell also represented the original manager of Bering Strait, the classically trained Russian bluegrass band, in a contract dispute with band members. The group is now Nashville based
 Preston earned his bachelor’s degree in Russian language and literature at the University of Tennessee in 1989, and earned his law degree at Nashville School of Law in 1994.  He also studied in Leningrad via an Indiana University program at Leningrad State University
 With more than 60 million copies in print, Code has been the focus of much litigation:  Two years ago here in Nashville, Random House first objected, but then soon relented in a complaint about Nashville-based Thomas Nelson Inc.’s use of the title Breaking the DaVinci Code, by author Darrell Bock
Just a month ago in U.S. District Court in Manhattan, Random House and author Lewis Perdue battled over Perdue’s claims that Brown had infringed on Perdue’s “Daughter of God” (Doherty, 2000). The federal court rejected the argument and the U.S. Supreme Court refused to hear an appeal. Also, earlier this year two of Random House’s own authors, Michael Baigent and Richard Leigh, who created the 1982 nonfiction book “The Holy Blood and the Holy Grail,” sued Random House in London’s High Court, alleging parts of their work formed the basis of Brown’s novel.  The court rejected their claims of copyright infringement.
From http://www.nashvillepost.com/

Unfair Competition and Labor Act of 2006 - Please Pass this on to others including your Congressmen and Senators.

Thursday, June 1st, 2006

The Unfair Competition Act is a bill that I wrote and that I have presented to Congressman Blackburn parts of which are now in the Judiciary Committee in Congress for review which provides for a private cause of action for businesses to sue other businesses as a basis for fighting the war on illegal immigration.  Please pass this on to others including your Congressmen and Senators.

UNFAIR COMPETITION AND LABOR ACT OF 2006
 §1:       It is and shall be unlawful and a violation of this Act for any person, enterprise, business, or commercial entity that engages in interstate commerce or has an effect, directly or indirectly, on interstate commerce to employ more than two (2) foreign national persons who do not have the lawful right to work in the United States of America or any of her territories for a period in excess of twenty-one (21) days.

§1(A):  It is unlawful and illegal to employ two (2) or more foreign nationals who do not have the right to work legally in the United States in any industry and pay them less than the prevailing wage for the work in the industry, and offer to them fewer employment benefits, or fail to pay any state, local, or federal tax, medical insurance, or social security payment for more than two (2) pay periods within a fifty-two (52) week period. 

§1(B):  Any Court having jurisdiction over a civil action arising under this title may grant temporary and final injunctions on such terms as it may deem reasonable to prevent or restrain violations of this Act. 

§1(C):  Any such injunction may be served anywhere in the United States on the person enjoined; it shall be operative throughout the United States and shall be enforceable, by proceedings in contempt or otherwise, by any United States court having jurisdiction of that person.  The clerk of the court granting the injunction shall, when requested by any other court in which enforcement of the injunction is sought, transmit promptly to the other court a certified copy of all of the papers in the case on file in such clerk’s office.

§2:       STANDING TO SUE. 
            (1)        In order to have standing to bring an action under this chapter, a person must show that he or she lost business, a sale, or a prospective transaction to an enterprise, business, or person who or which employed more than two employees who do not have the lawful right to work in the United States in accordance with subsection 1A of this chapter. 

            (2)        Any person who competes with a person, enterprise, business, or commercial entity in a like industry in the same market is an affected person and shall have a right to bring an action pursuant to this chapter against any person, enterprise, business, or commercial entity that competes in a like or similar business or industry in a like or similar market while employing more than two (2) foreign national employees who do not have the lawful right to work in the United States or any of her territories for a period in excess of twenty-one (21) days.  Any action brought under this chapter may be brought in the appropriate United States District Court without regard to diversity of citizenship or the amount in controversy.  .  

           

§3:       It shall not be a defense to this action that the illegal foreign national employees presented false documents, permits, or visas to an employer to obtain employment. 

§4:       IN GENERAL. 
Except as otherwise provided by this title, a violator of this Act is liable for either:

(1)               The actual damages and any additional profits of the violator, as provided by subsection (A); or

(2)               Statutory damages, as provided by subsection (B).

§4(A):  ACTUAL DAMAGES AND PROFITS.  Any affected person is entitled to recover the actual damages suffered by him or her as a result of the violation, and any profits of the violator that are attributable to the violation and are not taken into account in computing the actual damages.  In establishing the violator’s profits, the affected person is required to present proof only of the violator’s gross revenue, and the violator is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the violator’s work. An affected person is entitled to recover his or her reasonable attorneys fees and costs if he or she is the prevailing party in an action pursuant to this Act.

§4(B):  STATUTORY DAMAGES. 

(1)               The affected person may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all violations involving the action, with respect to any one job, or violation, for which any one violator is liable individually, or for which any two or more violators are liable jointly and severally, in a sum of not less than $10,000 or more than $30,000, as the court considers just. 

(2)               In a case where the affected person sustains the burden of proving and the court finds that the violation was committed willfully, the court, at its discretion, may increase the award of statutory damages to a sum of not more than $150,000.  In a case where the violator sustains the burden of proving and the court finds that such violator was not aware and had no reason to believe that his or her acts constituted a violation of this Act, the court at its discretion may reduce the award of statutory damages to a sum of not less than $5,000. 
(3)               In a case of a violation of this Act, it shall be a rebuttable presumption that the violation was committed willfully for purposes of determining relief if the violator, or a person acting in concert with the violator, knowingly provided or knowingly caused to be provided materially false documents or information which either established the false identity of the foreign national, the foreign national’s legal status in the United States, and/or the legal right to work in the United States. 
(3)(a)   Nothing in this paragraph limits what may be considered willful infringement under this subsection.

§5:       No person shall fire, or in any other way discriminate against, or cause to be fired or discriminated against, any employee or any authorized representative of employees by reason of the fact that such employee or representative has filed, instituted, or caused to be filed or instituted any proceeding under this chapter, or has testified or is about to testify in any proceeding resulting from the administration or enforcement of this chapter. 

§6:       Any employee or representative of employees who believes that he or she has been fired or otherwise discriminated against by any person in violation of subsection 7 of this section may, within thirty (30) days after such alleged violation occurs, apply to the Secretary of Labor for review of such firing or alleged discrimination.  Upon receipt of such complaint, the Secretary shall notify the person named in the complaint of the filing of the complaint. 

§6(A):  Upon receipt of a complaint filed under this paragraph, the Secretary shall conduct an investigation of the violation alleged in the complaint.  Within thirty (30) days of the receipt of the complaint, the Secretary shall complete such investigation and shall notify, in writing, the complainant (and any person acting on his or her behalf) and the person alleged to have committed such violation of the results of the investigation conducted pursuant to this subparagraph.  Within ninety (90) days of the receipt of such complaint, the Secretary shall, unless the proceeding on the complaint is terminated by the Secretary on the basis of a settlement entered into by the Secretary and the person alleged to have committed such violation, issue an order either providing the relief prescribed by subparagraph B or denying the complaint.  An order of the Secretary shall be made on the record after notice and opportunity for public hearing.  The Secretary may enter into a settlement terminating proceeding on a complaint without the participation and consent of the complainant. 

§6(B):  If, in response to a complaint filed under section 5, the Secretary determines that a violation of subsection A of this section has occurred, the Secretary shall order the person who committed such violation to:

(i)                    Take affirmative action to abate the violation; and

(ii)                  Reinstate the complainant to his or her former position together with the compensation (including back pay), terms, conditions, and privileges of his employment, and the Secretary may order such person to provide compensatory damages to the complainant.  If an order is issued under this paragraph, the secretary, at the request of the complainant, shall assess against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorney and expert witness fees) reasonably incurred, as determined by the Secretary, by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued. 

§7:       REVIEW
(1)        Any person adversely affected or aggrieved by an order issued under subsection B of this section may obtain review of the order in the United States Court of Appeals for the circuit in which the violation with respect to which the order was issued allegedly occurred.  The petition for review must be filed within sixty (60) days from the issuance of the Secretary’s order.  The commencement of proceedings under this subparagraph shall not, unless ordered by the court, operate as a stay of the Secretary’s order.

(2)        An order of the Secretary with respect to which review could have been obtained under paragraph 1 shall not be subject to judicial review in any criminal or other civil proceeding. 

§7A:    ENFORCEMENT OF ORDER BY SECRETARY
Whenever a person has failed to comply with an order issued under subsection B(ii) of this section, the Secretary may file a civil action in the United States District Court for the district in which the violation was found to have occurred to enforce such order.  In actions brought under this subsection, the District Courts shall have jurisdiction to grant all appropriate relief including, but not limited to, injunctive relief, compensatory, and exemplary damages.

§7B:    ENFORCEMENT OF ORDER BY PERSON ON WHOSE BEHALF ORDER WAS ISSUED
(i)                 Any person on whose behalf an order was issued under paragraph ii of subsection B of this section may commence a civil action against the person to whom such order was issued to require compliance with such order.  The appropriate United States District Court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such order.

(ii)               The court, in issuing any final order under this subsection, may award cost of litigation (including reasonable attorney and expert witness fees) to any party whenever the court determines such award is appropriate. 

DEFINITIONS:
 “Person”:          An actual person, individual, governmental agency, partnership, corporation, trust, estate, incorporated or unincorporated association, and any other legal or commercial entity, however organized;

“Services”:        Any work, labor, or services, including services furnished in connection with the sale or repair of goods or real property or improvements thereto; and

“Trade”, “Commerce”, or “consumer transaction” means the advertising, offering for sale, lease, or rental, or distribution of any goods, services, or property, tangible or intangible, real, personal, or mixed, and other articles, commodities, or things of value, wherever situated;

“Affected Person”:        An actual person, individual, governmental agency, partnership, trust, estate, incorporated or unincorporated association, and any other legal or commercial entity, however organized, who or which has sustained losses due to the competition of persons employing illegal labor or who or which competes in a like industry and market with persons employing illegal labor. 

“Employ”:         To employ shall mean to hire to perform work or services for remuneration, whether actual or in-kind, as an employee, by contract, or independent contractor. 

THE COMMERCIAL APPEAL HAS AN UNFAVORABLE AND UNWARRANTED BIAS AGAINST CONGRESSMAN BLACKBURN

Tuesday, April 25th, 2006

It is clear that The Commercial Appeal has a bias against Congressman Blackburn and the Appeal’s  Woodward and Bernstein wanna-be reporter, Bartholomew Sullivan, has sought information on a continuous basis to write negative reports about the Congressman and her family as if he is writing for a John Grisham book. Despite the false light he puts the Congressman in, the Congressman has not violated any laws and she will not. Congressman Blackburn is above reproach!!! The attempts by the hack reporting of The Commercial Appeal to besmirch the good name of Congressman Blackburn are mean-spirited political attacks which deserve no credence. (These are my opinions and mine alone and they have not been approved by the Congressman.)

Blackburn pays fine in funds dispute

Tuesday, April 25th, 2006

By Bartholomew Sullivan
sullivanb@shns.com
April 25, 2006

WASHINGTON — U.S. Rep. Marsha Blackburn’s campaign committee paid a $1,500 fine and entered into a negotiated settlement in a dispute with the Federal Elections Commission last month after an inquiry found the committee underreported contributions by more than $61,800.

The FEC also found that Blackburn’s committee failed to accurately report $50,046 in disbursements. The campaign committee’s Nashville lawyer, Kline Preston, signed the agreement with the FEC in which the reporting errors are referred to as an “inadvertent violation” of federal election laws due to “inexperienced staff.” Corrected reports were later submitted.

Blackburn, R-Tenn., is seeking her third term in a district that includes parts of eastern Shelby County. Neither her congressional press spokesman nor Preston responded to requests for comment Monday.

 
The $1,500 payment to the FEC is noted in Blackburn’s April quarterly filing to the FEC with the reference “Other: ADR,” an abbreviation for alternative dispute resolution. The three-month report also records payments totaling $3,874 for office supplies and $2,380 for legal services. The committee has $617,251 in cash on hand.

 
The Commercial Appeal reported earlier this month that the FEC cited Blackburn’s political action committee, Wedge PAC, for making an excessive contribution to her campaign committee in December. Her son-in-law, lobbyist Paul J. Ketchel III, had been Wedge PAC’s treasurer at the time of that contribution. The overpayment was later reimbursed.

 
In February, the newspaper reported that the Blackburn campaign and Wedge PAC had paid more than $123,000 since November 2002 for political consultations and fund-raising assistance to Political Concepts LLC, a company founded by Ketchel and Blackburn’s daughter, Mary, and operated from their home in a Nashville suburb.

 
The story noted that the practice of hiring relatives for campaign work is both legal and commonplace.

 
In the negotiated settlement agreement with the FEC, entered into March 21, the campaign committee explained that the error in the disbursements was caused by entering the same figure twice and the error in the receipts was a “data input error.”
 

Contact Washington correspondent Bartholomew Sullivan at (202) 408-2726.
 

Mortgage borrowers file RICO lawsuit

Monday, October 25th, 2004

By ROB JOHNSON
Staff Writer , Nashville Tennessean 

Two former Tennessee customers of nationwide mortgage lender Household International are charging in a Nashville federal court that the corporation was functioning as a racketeering operation when it offered misleading loan terms to its potential clients. The allegations are, in part, a reprise of the charges underlying a $484 million settlement reached in 2002 between Household and 50 state attorneys general who were investigating predatory lending in the ‘’sub prime’’ lending market, which specializes in high-cost loans for those with low credit ratings. 

Nashville attorney G. Kline Preston IV argues that Household is liable under the civil part of the Racketeer Influenced and Corrupt Organization statutes. These federal criminal laws were designed to aid prosecutors in the battle against organized crime and criminal gangs, but they have a civil provision that makes possible awarding triple damages if a lawsuit is successful. 

Household was acquired by HSBC Holdings PLC in March 2003. Company spokesman James Piepers declined to comment on the federal suit Friday because the corporation had not been served with it. 

Plaintiffs Billy Suddarth Jr. and Angela Suddarth, who did not participate in the settlement, argue that they were victimized by Household’s lending practices after they purchased a business that had previously obtained financing from Household. 

The lawsuit says that more than 13,000 Tennesseans were defrauded by the company. 

Among the complaint’s charges: 

• Household misrepresented interest rates by trying to disguise a high-rate mortgage as a low-rate loan. The plaintiffs also allege that the company misled consumers into thinking that they were reducing their principal amounts because of lower interest rates, when in fact it was because of a requirement that they make extra payments

• Household lent money on terms that would eventually require large balloon payments, without disclosing the existence or amount of those balloon payments. 

• The company applied payments to customers’ accounts in such a way that even if a scheduled payment was not late, it would create a shortfall in interest, which resulted in excess finance charges. 

The lawsuit claims the company’s actions ‘’establish a pattern of racketeering activity’’ that defrauded the plaintiffs between Jan. 1, 1999 and Sept. 30, 2002. 

The lawsuit incorporates the pleadings of the state’s action against Household that resulted in last year’s settlement agreement in Davidson County Chancery Court. 

The settlement followed a multistate investigation into allegations that Household was misrepresenting essential information such as loan costs, repayment requirements and insurance terms. 

Tennesseans were entitled to $6.5 million under the terms of the settlement, according to the state Department of Financial Institutions. 

The federal suit seeks unspecified damages. 

The civil provisions of RICO enable plaintiffs’ attorneys to charge that their clients have suffered economic harm because of a pattern of fraud and misconduct. Plaintiffs in a civil action must prove their case based on a ‘’preponderance of the evidence,’’ a less stringent standard than ‘’beyond reasonable doubt,’’ which applies in criminal prosecutions. 

The case has been assigned to U.S. District Court Judge Robert Echols. 

Rob Johnson can be reached at 664-2162. 

Ref: http://www.tennessean.com/local/archives/04/09/60293750.shtml?Element_ID=60293750 

800America fraud suspect stays in jail

Tuesday, November 19th, 2002

By Jeremy Heidt – The City Paper
November 19, 2002
 
The female half of the pair accused of running an international dot-com fraud from Mount Juliet remains in federal custody.

Tillie Steeple, 55, of Mount Juliet and the U.S. Attorney’s Office agreed to postpone a detention hearing on two federal counts of conspiracy to commit securities fraud and securities fraud pending the resolution of a state parole violation.
 

Steeple and her partner, David Rabi, are accused of falsely reporting $22 million in revenues in 2001 for their company, 800America.com. An investigation by the U.S. Postal Inspector said the company’s financial history was a massive fabrication by the duo, whom actively concealed previous felony convictions.
 

The parole violation stems from a Steeples’ 1996 conviction for delivering cocaine to a Tennessee prison.

 

Rabi remains in custody in New York, according to the U.S. Attorney’s Office. He is accused of being an international con artist with convictions for various schemes to defraud investors or companies in Europe, the Middle East and North America for more than six decades.
“She’s been duped by this guy,” said Kline Preston IV, an attorney for Steeples.
 

Steeples chatted amiably at the Federal Courthouse building in downtown Nashville Monday afternoon with the two officers assigned to return her to the Grayson County Detention Center in Kentucky and outlined her reason for deciding not to seek release on bond at this time.
 

“They treat us like human beings there, not like animals,” Steeples said of the Kentucky prison facility.
 

Assistant U.S. Attorney General Bob Washko said that if released, Steeples would have just gone right back into state custody and a state prison, so she decided to resolve the parole violation rather than “bounce around the system.”
 

•  Read this article online:
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Copyright 2000-2004, The City Paper LLC.

Technological, political changes provide new opportunities for sole practitioners

Friday, November 15th, 2002

Nashville Business Journal - November 15, 2002
by Judy Sarles

Nashville Business Journal

Murfreesboro attorney David Allen has no clients in Tennessee and does business with companies based as far away as Hong Kong and Australia.

But Allen doesn’t consider it unusual that clients from all over the world seek him out. It’s the free market at work.

“It’s their right to pick who they think is a competent attorney to handle their matter in the most efficient and cost-effective way, whether it’s me or somebody in Chicago or somebody in Australia,” says Allen. “I don’t think you need to be located in the same city as your clients.”

Using e-mail, the Internet and Federal Express, sole practitioners like Allen and others in Nashville are no longer tied down to a particular geographic area. They can do business across the world without logging a mountain of frequent-flier miles.

A graduate of Northwestern University’s School of Law, Allen began his legal career at the National Futures Association in Chicago. He left the association but stayed in the Windy City to join the law firm Chapman and Cutler, where he worked for about three years. Allen moved to Tennessee about 12 years ago to settle in Murfreesboro, where his wife has roots.

Out of his home office, Allen is handling some major business. He represents Chicago-based Denali Partners LP, which manages a $100 million hedge fund that was started in January 2000. Scott Ramsey, president of Denali Partners, says he had worked with Allen while at another money manager and contacted the attorney when Denali was getting off the ground.
On securities offerings like Denali’s, Allen covers the legal requirements set by the Commodities Futures Trading Commission, the National Futures Association or the Securities and Exchange Commission, as well as individual states’ securities commissions.

For example, Allen recently filed some paperwork with the Ohio Department of Commerce’s Division of Securities in order to perfect an exemption from registration for Denali Partners.

Allen says clients may choose to do business with him because he charges less and provides better service than many large law firms. He doesn’t advertise, so business comes to him through word of mouth.

Other area sole practitioners also are making international moves. Kline Preston IV practices law here and in Russia, where he was an undergraduate student. After developing an interest in the country and in the neighboring Ukraine, Preston got involved in some business operations there about a decade ago. His law work, he says, has been a good complement to those.

In one of his cases, Preston represented Russian Alex Gvozdev, a music group manager who trains young Russian musicians, including Bering Strait, a country band that moved to Nashville and was signed by multiple labels.

“They’ve had a lot of problems with their labels,” says Preston.  
The case involved contracts between the producer and management company and the young Bering Strait musicians. Gvozdev, who is in Moscow, was sued in Davidson County by the band, which wanted to get out of its contract.

The court here applied Russian law, which is different than Tennessee law. In the Russian system, a minor can enter into a contract and get involved in the sale of intellectual property rights at age 14. Under Tennessee law, a person has to be 18.

Most of the other international cases Preston has handled didn’t entail litigation, but dealt with contracts and adoptions.

Preston says that, when practicing law internationally, it is important to speak the language of other countries. A fluent speaker and frequent reader of Russian, he says so much of a language’s nuances is lost when speaking through an interpreter, he says.

Preston also handles overseas matters in other cities in this country, including Atlanta and Chicago, and works closely with a lawyer in Tehran, Iran.

Beatrice Chan Hubbard, who is from Hong Kong originally and is a Vanderbilt University graduate, practices law in China. She worked in Beijing for six months in 1996 for Great Wall Foreign Economic, a Chinese government law firm, which was under the Ministry of Foreign Trade and Economic Cooperation.

“I learned my trade there,” says Hubbard.

Hubbard’s path to Great Wall began when she was legal counsel at Reemay Inc., the successor to a DuPont business unit. Hubbard facilitated the sale to the Chinese government of DuPont’s technology equipment for which Reemay had no use.
“When I was doing that and handling that, I got interested in doing international law work,” Hubbard says.

She left Reemay to join Baker Donelson Bearman & Caldwell, the fourth largest firm in Nashville. While working there, she applied to China’s Ministry of Justice for a special visa to work at the Chinese law firm.

Hubbard has since handled some joint venture work in China and has assisted a client in establishing a wholly foreign-owned enterprise. The Ministry of Foreign Trade and Economic Cooperation has to approve foreign investments of more than $30 million.

Stephen Rush of Rush Law Group, who has been practicing law for 26 years, enjoys handling international transactions and the occasional overseas travel that accompanies them. Rush is a sole practitioner, but another attorney works with him on an of-counsel basis.

On the international end of his practice, he primarily handles business transactions. In recent years, there has been a good deal of music and entertainment work, general corporate transactions and business loans.

“I’ve managed some litigation from time to time,” says Rush, who has taken on work in almost every part of Western Europe as well as in Kazakhstan and Russia and has traveled to those countries.

“I find a small law firm can do international projects as well as large firms,” says Rush, who will associate the work if he needs additional expertise.

 One of the more recent transactions Rush took on was a lending deal in which he represented Citibank. The borrower was in the United Kingdom and the guarantor was an offshore company.

In another transaction, Rush represented Global Music Group, a German publishing company that sold its operations to Chrysalis Group, a London music publishing company.

“In virtually all the international projects I’ve done, I always retain a local lawyer,” says Rush. “It’s very interesting and educational and just fun.”
 

jsarles@bizjournals.com, 615-248-2222 ext. 114