Sunday, September 21, 2014


Attorney David Boden
David Boden, who reportedly received a million dollars for serving as General Counsel, at convicted master Ponzi schemer Scott Rothstein's law firm, RRA, has been charged* with Conspiracy to Commit Wire Fraud, in US District Court in Fort Lauderdale, Florida. Boden allegedly certified the status of a number of confidential (though non-existent) out-of-court settlements, in discrimination and harassment cases, which ultimately cost those investors a loss of $2.4m . The case was initiated by the filing of a Criminal Information, which is generally an indication that the defendant intends to enter a plea of guilty; The crime carries a maximum sentence of five years in Federal Prison, plus three years of Supervised Release, and a $250,000 fine.

Florida Bar records indicate that Boden was not admitted to practice in the State of Florida, which means that, according to Florida Supreme Court Rules, he could not:

(1) Appear in any court, on behalf of his client, the RRA law firm.
(2) Appear before any administrative agency.
(3) Appear before ant other tribunal.

The exception is, of course, if and when admitted when authorized by that specific tribunal, like a Pro Hac Vice admission, for a single case only, in Federal Court. Boden is admitted to practice law in the State of New York, and official records there show him with a Hollywood, Florida address.

One wonders why a law firm, composed of attorneys admitted in Florida, did not have as General Counsel, a lawyer who could attend court hearings on its behalf. Florida rules specify that in-house counsel must designate themselves as "Authorized House Counsel," but it does not appear that Boden adhered to that rule. He is believed to have had a larger role in the fraud than this case would indicate, and it is not clear why he was only charged with a minor crime, though for the purposes of convenience, the US Attorney's office will obtain a conviction without having to try the case, which is but one of many in the Rothstein scandal. Were there evidentiary issues ? We cannot say.

Also charged in the case was a local broker, Richard L Pearson, who received a commission in the transactions cited above. He has been charged with the same offense.
* Case No.: 14-cr-60229-KAM (SD FL).

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