Virginia State Bar's tragic case of Robert Eisen

The complaint case of Attorney Robert Dean Eisen disregarded by the Virginia State Bar led to his destruction

The Virginia State Bar's constant protection of attorneys leads to the destruction of the public's welfare and attorneys.

Robert Eisen's final disciplinary action by the VSB was taken on January 22, 2004, in which his license to practice law was revoked. In the news article dated September 2006, Robert Eisen describes his tragic demise by his drug addiction over two decades. 

Williamsburg Health Journal Robert Eisen

If the VSB had not covered up a complaint about Robert Eisen in 1982, the future for this aspiring attorney could have been better.

Below is the summary of the original complaint:

1982 - Complaint was filed - Eisen had been recorded on a police wire receiving cocaine in payment of his legal fee for representing the same guy on distributing cocaine.

1982 - VSB Bar Counsel Michael L. Rigsby instructed the VSB prosecutor to NOT set up the case for investigation by the VSB or the District Committee.

1982 - The VSB prosecutor called the Committee Chairman and told him to send them a letter instructing them to set up the case for investigation and refer it to the District Committee.

1982 - The Chairman sent that letter and the VSB prosecutor set up the case and referred it to the District Committee for investigation without Rigsby's knowledge.

1982 - Rigsby found out from our joint secretary and for once went ballistic, but he could not undo the referral to the District Committee.

1982 - 1983 Rigsby wanted the VSB prosecutor to recommend that the District Committee dismiss the case, but the VSB prosecutor refused to do it.

1983 The case finally came up to the VSB Disciplinary Board for trial (DB Hearing).

1983 At the time of the Disciplinary Board Hearing, Rigsby wanted the VSB prosecutor to ask the Board to dismiss the case, and the VSB prosecutor did not tell Rigsby anything was going to take place at the Hearing. 

1983 At the DB Hearing, the VSB prosecutor asked for  a long Suspension or Disbarment.  The DB gave Eisen only a Private Reprimand because he was Well-Connected to a prominent lawyer, Andrew Sacks, by marriage to that lawyer's daughter, Paula Sacks Eisen. Andrew Sacks was Robert Dean Eisen's father-in-law and that was the reason the VSB wanted the case covered up.

Andrew Sacks testifying at the Disciplinary Board Hearing in 1983 for Robert Eisen as a character witness because Eisen was married to his daughter.

Robert Eisen did not get rehabilitation, counselling, monitoring or anything as "Terms" that the DB could have imposed on him to try to reverse his cocaine habit.

Michael L. Rigsby

More complaints were filed against Robert Eisen in the 90's but they were buried by Michael Rigsby.

On December 18, 2002:     *

Robert Dean Eisen, 142 West York Street, Suite 718, Norfolk, Virginia 23510-2015
VSB Docket No. 03-000-1717
The Virginia State Bar Disciplinary Board suspended Robert Dean Eisen's license to practice law based on a disability. The action was by agreement of the bar, Mr. Eisen, his attorney, and his guardian ad litem. The suspension will remain in effect until further order of the board.

*On September 4, 2003, the Virginia State Bar Disciplinary Board lifted the Impairment Suspension.

Less than  6 months later, on January 22, 2004, the VSB Disciplinary Board conducted hearings against:

ROBERT DEAN EISEN

VSB DOCKET NUMBERS: 01-022-0845;

01-022-1356;

01-022-2414;

02-022-1800;

02-022-3844;

and 02-022-4096.

ORDER OF REVOCATION

On January 22, 2004, a hearing was convened before a

duly appointed panel of the Board, consisting of Roscoe B.

Stephenson, Chair, Robert E. Eicher, Joseph R. Lassiter, W.

Jefferson O’Flaherty (lay member), and Janipher W. Robinson.

See the full hearings, pages 2-6. Eisner revocation hearings

There are hundreds if not thousands of similar cases that have ended tragically for both lawyers and the public, which could have been avoided if the Virginia State Board would uphold their duty to their office instead of the "Good old boy system".

Virginia State Bar scandal- extravagant foreign travel.

Virginia State Bar overseas meetings in 

exotic cities!

The big question is why is the Virginia State Bar holding conferences in foreign cities?

Lets look at the years and cities:

2010 - Buenos Aries, Argentina 

2011 - Athens, Greece

2012 - Rome, Italy

2013 - Paris, France

2014 - Madrid, Spain
2015 - Israel- Cancelled for security reasons.

2016 - London, England - Dublin, Ireland

This is part of the Virginia State Bars conference expense which has reached over $1,401,282. in just 4 years. Lets add in the council, committee and board meetings which have also topped over $1,479,499.
Totals to $2,880,781.

Remember the Virginia State Bar is a state agency!

Lets look at the VSB Mission:

"The mission of the Virginia State Bar, as an administrative agency of the Supreme Court of Virginia, is to regulate the legal profession of Virginia; to advance the availability and quality of legal services provided to the people of Virginia; and to assist in improving the legal profession and the judicial system."

Does extravagant travels to foreign cities fall under the VSB Mission?

It appears that the VSB operates as a private company!

The Virginia State Bar needs a Forensic Audit and serious changes need to be made!

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Virginia State Bar scandal- excessive salary-benefits tops $102,072 per staff.

Virginia State Bar average staff salary/benefits tops $102,072?

Remember that the Virginia State Bar is a state agency not a private organization, lets compare to their fellow state agency salaries.

State  Agency                                                     Salary
Attorney General & Dept. of Law                    $65,900
Office of the Governor                                      $60,000
Senate of Virginia                                              $51,000
Virginia House of Delegates                             $42,752

• What kind of benefits could sky rocket the VSB's average staff compensation to $102,072? 
• Why is this not listed in the VSB Treasurers annual report?
• Why is the VSB staff compensation almost double that of fellow state agency's compensation?

The VSB does not give stocks or profit sharing since it is a government agency.

Health care premium per employee is no more than $1500 per year.

Other possible benefits could be; Financial & Retirement, Family & Parenting, Vacation & Time Off, & Perks & Discounts. Would these "benefits" come to $40,000 per staff?

November 20th, 2017 Blog discussed the Virginia State Bar computer/technology scandal which exceeded $2,800,000 in just 5 years, see link below:

http://virginiastatebarcorruption.blogspot.gr/2017/11/the-virginia-state-bar-excessive.html 

Its time for a Forensic Audit of the Virginia State Bar finances!

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Virginia Attorney E. Grier Ferguson, abusing the elderly and Financial Exploitation!

The "Good old boy" system is not so good!

There is a pending case (15-254) in the Suffolk Circuit Court which involves attorney E. Grier Ferguson as the former Fiduciary for Jones AIF estate and the current Fiduciary for the Jones Revocable Trust and one of the Jones' Estates. (Mary Margaret Jones and her son Francesco Bruno Bossio are the Beneficiaries.)

Mary Jones played for many years with the Richmond Symphony

The judges in the case are sitting Judge John F. Daffron Jr. (Chesterfield, retired) and Judge Randolph West as the Judicial Settlement Conference Judge. The local Judges refused to preside over this case for conflict of interest. The Suffolk Commonwealths Attorney is Carl Phillip Ferguson, brother of E. Grier Ferguson.

Ferguson, Rawls and Raines P.C.

Randolph Alexander Raines, Jr. (seated left), Frank M. Rawls (standing) and E. Grier Ferguson (seated right), 

The main issue in this case claims that E. Grier Ferguson, Fiduciary, committed Elder Abuse & Financial Exploitation.

http://www.napsa-now.org/get-informed/what-is-financial-exploitation/

Other alleged violations include:

1. Commingling clients' funds for 7+ years and alleged misappropriation of funds:

2. Excessive Fees ($450,000.00+): Legal, "maintenance" & advanced Fiduciary fees,  "real estate commission" paid from owner's personal funds & high real estate  commission paid to another client for "behind the back" sale of family property owned since 1711 at far below fair market value & no appraisal;

3. Federal tax fraud; 

4. Insurance fraud;

5. Postal and/or wire fraud;

6. Non-waivable conflicts of interests;

7. 10+ year's neglect of 2007 fire/water/toxic mold insurance claim;

8.  Failure to repair & maintain elderly's home & property;

9. Failing to re-mediate toxic mold in elderly's home, walls, cellar & crawl space;

10. Failure to purchase correct home/property insurance for 10+ years;

11. Paying insurance premiums for 10+ years for no coverage on home,  property or for                    liability coverage;

12.  Withholding or making late monthly allowance payments for living expenses;

13.  Allowing raw sewage to flood backyard, crawl spaces & bathrooms of tje Jones' Residence,        etc. without any actions to sanitize the flooded areas;

14. Incurable procedural defects in the Defendant's the case before it was consolidated with the        Plaintiff's case; 

15. The suspension by the Court of the Plaintiff's Subpoenas for the records of Mr. Ferguson,          Ferguson Rawls & Raines, PC, the corresponding bank records, even though the Court                stated on the Record at the last Hearing that the Plaintiff was entitled to have the Court              enforce, but the Court refused again to enforce for the Plaintiff;

16.  The ongoing breaches of Fiduciary Duties by Mr. Ferguson, including his attorneys'                     advising Mr. Ferguson that he should not correct any of the huge number of egregious                 Fiduciary Duties by their client, E. Grier Ferguson;

17.  The Defendant's daily abuse of the Beneficiaries by:

       a. Failing to repair the Jones' Residence to comply with Lloyds of London's current                          requirements before their insurance policy will cover any losses;

      b.  Failing to provide college tuition to Francesco Bruno-Bossio for the current university                 academic year;

      c.  Failing to provide any support to Francesco Bruno-Bossio;

      d. Failing to have the toxic mold throughout the Jones' Residence re-mediated for 10+ years            and failing to disclose the infestation of the toxic mold to Lloyd's of London;

     e.  Waste of valuable assets of the Jones' AIF estate, the Jones' Trust and the Jones' Estate #            1
     f.  Many other related and unrelated matters and issues;

18.  The immediate removal of E. Grier Ferguson as the Fiduciary and that he must be held               fully responsible financially to fully reimburse the Jones' Estate # 2 for all financial losses           to the Jones AIF estate, the Jones Revocable Trust and both Jones' Estates;  and/or his               attorneys to fully reimburse the Jones' Estate # 2 for all financial losses to the Jones AIF             estate, the Jones Revocable Trust and both Jones' Estates; 

19.  Numerous procedural and other issues directly involving Judge Daffron's conduct in these         consolidated case which has allowed the Defendant and his attorneys to drain the Jones'             assets and funds by $450,000.00+/- in legal fees and costs, plus the value of the Jones' assets         through mismanagement, waste, breaches of fiduciary duties, neglect, alleged                               misappropriation of Jones' funds, tax fraud, insurance fraud, physical damage to the                   Jones' Residence and the Jones' vehicle ; etc.


Incomplete financial disclosure received from E. Grier Ferguson from June 2006 through the date of the Judicial Settlement Conference on November 21, 2017, is a breach of fiduciary duty and harms the Beneficiaries.

This past week, the Suffolk Circuit Court Clerk refused to record the original revocation of the Jones Trust.

See below link for all documents to support the claims:
https://www.dropbox.com/sh/vqcxsoj5oi4s5cp/AACC5GGtLmw4O-F0PcHvH1LCa?dl=0

Inside sources at the Suffolk Circuit Court have verified this information, but have chosen to remain anonymous. The sources stated that they are sickened by this type of "good old boy" cover up and that thus litigation is draining Mary Margaret Jones trust with such high legal fees going directly to E. Grier Ferguson and his attorneys and that this type of illegal behavior and abuse must be stopped!


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The Virginia State Bar excessive computer-technology expense

Virginia State Bar excessive technology expense raises many questions for a Forensic Audit!

The last time an audit was conducted by JLARC for the VSB was in 1995, 22 years ago! When 22 years pass by with no audit, corruption tends to take over.

For the past 5 years, the VSB has spent more than $2,834,920. in computers & technology, lets take a close look at the years.

The Virginia State Bar in their latest statement for year 2016 had 

92 total employees, for the year 2016 computer-technology expense was at $689,241. / 92 staff = $7492 per employee. 

If we average out the 5 year history, it calculates to

$6162 per employee. Remember that this is a yearly expense, even if they were to buy all new technology-computers every year, this is close to 8 times the average cost of a complete new set up.

Think of this in terms of your own business, whether it be a law firm or other business. If you had 10 employees that use computer technology, your business would be spending on an average of:

10 employees x $6162 = $61,620 per year, every year on computers-technology. That would raise a few eyebrows!

Being that it is the Virginia State Bar and that they need the utmost security because of the highly sensitive data information being processed and stored.

Any technology expert would state that:

• By using a white list on the router, only that white list I.P. address could access the system from a remote location.
• By disabling the USB ports, no employee could download any sensitive data.
• Virtual data storage would eliminate a large risk of virus and data theft.
• Anti-virus programs and other security measures are not expensive.    
• Block browsing sites not related to VSB business.
• Security status for sensitive data processors would separate low level processors from having access to that sensitive data.

These are not expensive measures and surely would not increase the technology cost drastically.

In 2013-14, the Virginia State Bar President was Sharon D. Nelson from Fairfax, Va., please note the above VSB Technology-Computer expense for June 30, 2014. The highest year for Technology-Computer expense.

Sharon Nelson also founded Sensei Enterprises Inc., 

in 1997, a nationally-known digital forensics, information technology and cybersecurity business. 

https://senseient.com 

The Virginia State Bar Tech Show was founded by Sharon D. Nelson in 2014 while she was VSB President. 
https://senseient.com/sensei-news/sharon-nelson-and-the-virginia-state-bars-techshow-mentioned-in-virginia-lawyers-weekly/

The VSB Tech Show is held at the Greater Richmond Convention center with 550 seats capacity @ $100 per person. http://www.vsb.org/site/events/item/vsb_techshow

Imagine what revenue would be funnelled to a privately own company supported by the Virginia State Bar Tech Show!

A coincidence of the Virginia State Bar extremely high technology expense? 

• An independent Forensic audit would determine if there were irregular activities during the last 5 years.
• The last time an audit was conducted by JLARC for the VSB was in 1995, 22 years ago! 

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Virginia State Bar Audit is imperative!

Who Audits the Virginia State Bar? Lets take a closer look at their numbers!

Lets look at the 79th annual report by the VSB Treasurer
http://www.vsb.org/site/about/79th_annual_report_2017#treasurer

The VSB had a net profit of $1,714,342.28, then look at the above expenses! These are their yearly expenses!
Virginia State Bar salaries
http://data.richmond.com/salaries/2016/state/virginia-state-bar
Employees 92
Total payroll $6,390,262
Median pay $63,164
Average pay $69,459
Highest individual pay $171,204

But the total Salaries, Wages and Benefits $9,390,640.23
/92 staff at an average of $102,072.17 per employee!

The last time the Virginia State Bar was Audited was 2006 and that was a basic audit not the detailed expenses.

http://jlarc.virginia.gov/pdfs/reports/Rpt182.pdf

It is time that the Virginia State Bar is audited by an independent team of forensic accountants/lawyers!

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What to do with the Virginia State Bar $9,700,000 slush fund

The Virginia State Bars's $9,700,000 Slush fund, the real purpose behind it!

Lets look at what the VSB states and compare with the statistics.
According to the Virginia State Bar website:
http://www.vsb.org/site/public/clients-protection-fund

The purpose of the Clients’ Protection Fund is to promote public confidence in the administration of justice and the honour and integrity of the legal profession by reimbursing all or part of losses sustained by clients or those to whom a fiduciary duty is owed as a result of a Virginia State Bar member’s dishonest conduct. 

The bar has a strong disciplinary system for reprimanding, suspending or disbarring lawyers who violate the strict standards of Virginia’s ethics rules. However, the state bar recognizes that a disciplinary system alone is not enough, and that it is desirable to protect the public from lawyers who mishandle. Just how many lawyers were officially disciplined? From 1999-2016, only 1 lawyer that was from a "big firm".

• Each petitioner may receive no more than $75,000.00 for losses that occurred on or after July 1, 2015 or $50,000.00 for losses that occurred before July 1, 2015.
• The loss was caused by the dishonest conduct of the lawyer, not by negligence or malpractice.
• The loss arose from a lawyer-client relationship or a fiduciary relationship between the lawyer and the claimant.

One of the following applies to the lawyer:

• The lawyer has been suspended or disbarred from the practice of law for disciplinary reasons
• The lawyer has voluntarily resigned from the practice of law;
• The lawyer has died;
• The lawyer has been found mentally incompetent; or
• The lawyer’s whereabouts is unknown to the Virginia State Bar.

If you have any questions you may contact Vivian Byrd (VSB) at (804) 775-0572.

Lets look at the numbers:

How many lawyers are licensed to practice in Virginia? More than 29,000 lawyers are admitted to practice in Virginia. More than 45,000 attorneys are registered in all categories of membership, including associate, judicial and retired.


An active member pays $250 per annum, a non-active pays $125.
Full time Judicial, retired or disabled pay no annual dues.
There is also a $50 late fee for any dues not paid by July 31 deadline.
2016-17 Membership Dues 10,466,277.22 

The VSB charges $25 per attorney for the Clients’ Protection Fund.
2016-17 Clients' Protection Fund Assessment & Restitution 839,984.65

The Virginia State Bar’s Clients’ Protection Fund awarded $38,168.33 in reimbursements to former clients of 11 Virginia lawyers at a meeting Sept. 15. The CPF board approves awards to persons who suffer financial loss because of dishonest conduct by Virginia lawyers. The largest of the awards was $7,333.33

http://valawyersweekly.com/2017/11/06/vsb-pays-38k-from-client-protection-program/



WHAT MONEY HAS REALLY BEEN PAID TO VICTIMS IF THERE IS A $9.7 MILLION BALANCE IN THIS ONE FUND?

WHY HAVEN'T MORE VICTIMS BEEN MADE WHOLE?

WHY IS THERE ANY LARGE SURPLUS IN THIS FUND?

WHO OR WHAT (VIRGINIA SUPREME COURT OR THE ELECTED COUNCIL OF THE VSB) HAS AUTHORIZED THE VSB TO BUILD UP THIS $9.7 MILLION  SURPLUS?

It has risen over $700,000. IN THE PAST YEAR!!!!

THE VIRGINIA STATE BAR AND THE VIRGINIA SUPREME COURT SHOULD BE ASHAMED FOR NOT REDUCING ALL VIRGINIA LICENSED LAWYERS' DUES YEARS AGO IN 1995 WHEN JLARC TOLD THE VSB IT SHOULD REDUCE THE VIRGINIA LAWYERS' DUES. 


In effect, the VSB is taking money from all Virginia Lawyers who pay yearly dues to build up a Slush Fund for the VSB.

VSB Client Protection Fund Contact Info:
Phone: (804) 775-9426
E-mail: cpf@vsb.org
Administrator: Vivian R. Byrd
Counsel to CPF: Jane A. Fletcher
Deputy Executive Director: Renu M. Brennan

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A Va. State Bar $9.7 million Client Protection slush fund.

Who is the VSB protecting? Not the public!

November 03, 2017

Virginia State Bar Clients’ Protection Fund Board Awarded $38,168.33

The Virginia State Bar Clients’ Protection Fund Board awarded $38,168.33 in reimbursement to former clients of eleven Virginia attorneys at its most recent meeting on September 15, 2017.

Docket Number	Respondent’s Name	Address of Record	Amount Paid	Type of Case
16-555-003052	Stephen Joseph Fisher (Deceased)	Leesburg, VA	$1,800.00	Unearned fees/ Bankruptcy
17-555-003092	Tony Michael Hutchinson	Norton, VA	$   500.00	Unearned fees/ Bankruptcy
17-555-003097	John Arthur Sutherland, Jr.	Fairfax, VA	$7,333.33	Conversion-Theft/Personal Injury, Property Damage
17-555-003099	Jean Jerome Dandy Ngando Ekwalla	Woodbridge, VA	$1,600.00	Unearned fees/Bankruptcy
17-555-003107	Nnika Evangeline White	Richmond, VA	$   500.00	Unearned fees/Family Law
17-555-003112	Nnika Evangeline White	Richmond, VA	$1,150.00	Unearned fees/Bankruptcy
17-555-003113	John Fredrick McGarvey	Glen Allen, VA	$2,550.00	Unearned fees/Criminal Law
17-555-003115	Jean Jerome Dandy Ngando Ekwalla	Woodbridge, VA	$2,850.00	Unearned fees/Consumer Credit
17-555-003116	John Fredrick McGarvey	Glen Allen, VA	$2,900.00	Unearned fees/Criminal Law
17-555-003117	Kimberly Lisa Marshall	Poolesville, MD	$6,500.00	Unearned fees/Family Law
17-555-003118	Sara Elizabeth Chase	Henrico, VA	$1,000.00	Unearned fees/Family Law
17-555-003119	Michael Alan Bishop (Deceased)	Meadowview, VA	$7,500.00	Unearned fees/ Real Estate
17-555-003120	Michael Alan Ward	Fairfax, VA	$1,985.00	Unearned fees/Family Law

The Virginia State Bar Clients’ Protection Fund was created by the Supreme Court of Virginia in 1976 to reimburse persons who suffer a financial loss because of dishonest conduct by a Virginia lawyer.  Awards from the Clients’ Protection Fund are discretionary and are not a matter of right.  The fund is not taxpayer funded, but is funded by Virginia lawyers who are assessed an annual fee of up to $25. For more information on the fund, go to https://www.vsb.org/site/public/clients-protection-fund.

If you have any questions, you may contact Vivian R. Byrd, Administrator to Clients’ Protection Fund, at (804) 775-0572 or e-mail cpf@vsb.org

Updated: Nov 03, 2017

COMMENTS:

$9.7 Million Dollar Surplus in VSB Client Protection Fund

This post by the Virginia State Bar is deliberately misleading & intended to convince the Public & Virginia attorneys that the VSB is protecting the Public by paying out $38,168.33 to clients of eleven (11) attorneys.

Do the math:  

This is an average of $3,470.00 per client.

The VSB has a $9.7 Million+ Surplus (Slush Fund) under the control of the Virginia State Bar Clients' Protection Fund Board.

The VSB is not protecting the Public through the VSB Clients' Protection Fund any more than the VSB peotects the Public through its skewed VSB Disciplinary System.

The VSB is also continuing to collect $25 from every lawyer every year who pays dues to build up this Slush Fund for the VSB while  denying the majority of claims filed by clients who have suffered financial losses.

So much for the VSB Client Protection Fund protecting the Public & the Bar's dues paying members.

In 1995, the Virginia General Assembly (JLARC) Instructed the VSB to lower its dues.

http://jlarc.virginia.gov/reports.asp

The VSB has defied the Virginia General Assembly for 22 years.

Will the VSB explain this $9 Million Dollar Surplus to the Public & all Virginia dues paying attorneys?

No.

COMMENT

Verification of Virginia State Bar Client Protection Fund Data for Comments Posted Above:

http://m.vsb.org/site/about/the_clients_protection_fund_board_2017/