Kasler v. Seidlin's case of Justice v. Public Corruption continues

  (AP Photo)

A previous column questioned if a Florida scandal that includes a $1.2 billion Ponzi scheme, high profile lawyers, the Republican Party of Florida, politicians at local, state and federal levels as well as a host of the Sunshine State's "movers and shakers" might derail an elderly woman's quest for justice in her own brush with alleged estate theft as well as public corruption and systemic legal abuse?  And with every passing month, the answer seems to be "yes!"  

It's a legitimate question as 83-year-old Barbara Kasler continues legal action against former Broward County Judge Larry Seidlin, the retired judge who gained national exposure during his handling of the Anna Nicole Smith body disposition hearings. In her civil lawsuit, Kasler claims Seidlin "exploited her for personal gain, and that he, his wife and in-laws feigned friendship to steal her money and jewelry and change her will for their benefit."  Seidlin’s wife Belinda along with her parents, Barbara and Oren Ray, are also named as defendants.

An accountant, three attorneys as well as a former girlfriend of Kasler's deceased son have been added to the suit since the initial filing this past summer. 

Since then, Kasler's legal team has additionally been kept busy fighting guardianship petitions, including one initiated by an attorney discharged upon retention of the current Kasler legal team headed by attorney Bill Scherer and another petition put forth by an individual from Kasler's past.  Letters sent to two probate judges by Seidlin's attorney, Russell S. Adler, a name partner at Rothstein Rosenfeldt Adler (RRA) in Fort Lauderdale, also alleged abuse and exploitation of Kasler by her caretakers. 

A guardian being brought in to oversee Kasler's care and interests would have had great power - including the ability to control her multi-million dollar estate and the lawsuit against Seidlin. All efforts to this end were defeated by Kasler's lawyers and progress even seemed at hand with an expedited trial setting, but new obstacles have emerged.

Shortly after these proceedings, RRA went into receivership due to a new corruption scandal that broke in late October and is poised to influence Kasler’s pursuit of justice.  It also led to the Dec. 1 arrest of Scott Rothstein, RRA's president and co-founder, on federal charges of racketeering and conspiracy to commit fraud in a $1.2 billion Ponzi scheme.  Investigators continue working to identify who and the extent to which others besides Rothstein were involved.  The process already is revealing an ethically-challenged culture that seems undeterred by real or perceived acts of public corruption and/or power abuse - practices which seemingly helped facilitate the alleged looting of Kasler's estate and subsequent legal maneuvering.
 
Millions of dollars flowing from Rothstein’s financial schemes are also believed to have been diverted into numerous political campaigns at local, state and the federal level including Rothstein’s involvement with Gov. Charlie Crist’s bid to become the running mate of Republican presidential candidate John McCain.  These contributions are also believed to have helped purchase “influence” that benefited Scott Rothstein personally, members of the RRA law firm and a circle of Rothstein’s other personal and professional associates.  

The extent to which the Rothstein scandal impacts Barbara Kasler's case is currently playing out.  Rothstein Rosenfeldt Adler operations have been suspended, but Russell Adler is said to have attended a November hearing claiming to still represent Larry Seidlin in the Kasler litigation through a new solo practice.  The Miami Herald reports, however, that Adler and three other RRA attorneys are under investigation by the Florida Bar.  Adler can continue practicing law through the investigation, but his long-term status is contingent at least in part upon the Bar's findings. Adler, though only a name partner, could additionally face criminal liability so not surprisingly, he too has "lawyered up."  A Daily Business Review article described his attorney, Fred Haddad, as someone who "has been in court for everyone from Mafia figures to a member of the Irish Republican Army."  Depending upon the timing, Adler could delay the Kasler case should he lose his law license and/or be criminally charged causing Larry Seidlin to seek new representation.  
      
In addition to the Adler connection, newly-named Kasler defendant and attorney Bruce Lehr is representing RRA partner Stuart Rosenfeldt, also under federal and Florida Bar investigation.  Kasler attorney Bill Scherer has filed a $100 million lawsuit against Scott Rothstein on behalf of former investors.  Scherer is reported to have provided detailed allegations of Rothstein’s financial scheme in a 147-page filing. 
 
Due to his client's deteriorating health, Scherer previously requested that Kasler’s case go to trial on an expedited basis in early 2010.  Broward Circuit Judge Thomas Lynch seemed to support the idea, but that hope appears diminished due to an unanticipated change of venue recently initiated by Broward Chief Circuit Judge Victor Tobin.  To reportedly avoid “the appearance of impropriety,” Tobin asked the Florida Supreme Court to appoint an outside judge in the case against Seidlin. 

Chief Justice Peggy Quince responded by moving the case to Palm Beach Circuit Judge David Hafele.  The Daily Business Review reported “Tobin’s request noted Seidlin served on the Broward bench for nearly three decades and he was being sued for alleged impropriety during his time on the bench.”  The same could thinking could also have applied during the last half of 2009 when aggressive efforts, including some directly attributed to Seidlin, were made to place Kasler under a court-appointed guardian who might be inclined to re-direct or drop the estate abuse lawsuit against Seidlin, his family and others.  “The appearance of impropriety,” however, doesn’t appear to have become an issue until after the guardianship efforts were defeated and forward movement toward trial ensued.
 
Whether Judge Hafele elects to grant the expedited trial status remains to be seen.  But even if he does, Kasler’s health issues along with delays inherent to the venue change may stall proceedings enough to preclude the elderly woman from seeing justice in her lifetime.  Perhaps that even is the point.  
       
Barbara Kasler's case is a civil matter because public agencies twice cleared Seidlin of wrongdoing.  In late 2007, the Miami-Dade State Attorney's Office declined to charge Seidlin with crimes regarding Kasler's asset redistribution and instead referred the matter to the Judicial Qualifications Commission and Florida Bar citing the case "could appear to raise ethical issues."   A complaint was then lodged with the Elderly Abuse Hotline, but the Department of Children & Families declined action saying "it found no indications of exploitation or inadequate supervision."

Some would say these "investigations" are further examples of Florida governmental corruption - a culture in which political officials protect their own.  As for Scherer's attitude about Seidlin's alleged exonerations, The Daily Business Review said "Scherer didn't let the cleared investigations deter him, comparing Seidlin to O.J. Simpson, who was acquitted of murder charges but found liable in civil court to his slain ex-wife's family."

Barbara Kasler's case should serve as a warning to anyone in America who values their freedom and property rights.  That Larry Seidlin and family ended up with significant Kasler assets is not in dispute.  The dispute surrounds the circumstances in which the assets were relinquished.  The Seidlin clan claims all was done voluntarily, but the picture painted by the Kasler legal team depicts a more questionable scenario complete with undue influence and manipulation. 

It seemed reprehensible when Kasler appeared to become a target for legal harassment and obstructionism upon daring to seek justice in a civil venue – a move made necessary after government officials denied such opportunity within the criminal system.  With Scott Rothstein’s arrest, Barbara Kasler faces new potential delays as Russell Adler, former Rothstein legal partner and current Larry Seidlin defense counsel, could be indicted, disbarred or both. 

The Broward Chief Circuit judge seemingly had no problem with any “appearance of impropriety” for the months in which Kasler and her team successfully fought questionably motivated legal efforts, efforts having “the appearance of impropriety” in seeking to supplant those assisting the elderly woman’s quest for justice from Seidlin and company.  Now though, Broward Chief Circuit Judge Tobin is concerned with appearances and the Florida Supreme Court , the court that denied Gov. Crist’s first two requests for a public corruption grand jury, agrees thus creating the potential for new delays as Kasler’s case against Seidlin is worked into the new court’s docket.   

Barbara Kasler's case isn't unique - it's just one that has garnered public attention.  The theft of an elderly woman’s assets occurring in plain sight and allegedly at the hand of a “trusted” elected official is shameful.  The pervasive public corruption that fostered the environment in which Barbara Kasler’s estate could be looted has now been exposed, but in response, feigned concern over ”the appearance of impropriety” seems the latest tool for abuse of power and the perpetuation of systemic dishonesty.
 
Exposure of corruption that allowed an illicit act being used as a guise by which to further delay any remedy for the illicit act is a clever tactic.  With that, Barbara Kasler’s attempt to reclaim her estate assets from Larry Seidlin has truly become a case of justice v. public corruption.    

For more info: 

The Daily Pulp - Bob Norman's Blog

Receiver Takes Over Fla. Law Firm as Investors Reveal Pitches (Nov. 4, 2009)

Lawyer Scott Rothstein's quick rise to life of a high roller ends even faster (Nov. 9, 2009)

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