Post Tagged with: "James Spencer"

Southern Holdings Settlement Money Ruling

January 7, 2015 6:00 AM
Southern Holdings Settlement Money Ruling

A ruling has finally come from the court on the litigation and settlement funds associated with the Southern Holdings case that we have been following for years.

The ruling came in an interpleader action asking the court to rule on who has claim to the remaining Southern Holdings litigation and settlement funds and how much should go to each claimant.

The interpleader case was brought by attorney and Lexington Magistrate John Rakowsky who represented seven individual plaintiffs in the original Southern Holdings case. Rakowsky stated he didn’t know who had claims to the remaining litigation and settlement money he held.

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Decision on Southern Holdings Funds Promised this Week

August 26, 2014 7:11 AM
Decision on Southern Holdings Funds Promised this Week

S.C. Judge Doyet A. Early ended last week’s hearing on the alleged Southern Holdings settlement and remaining litigation funds promising a decision this week.

The case before Judge Early is an interpleader asking the court to rule on who has claim to the remaining Southern Holdings litigation and settlement funds and how much should go to each claimant.

No settlement agreement with informed consent by signature from each Southern Holdings plaintiff was presented during the hearing. None has ever been presented either as court record for the Southern Holdings case, this interpleader case or any other legal proceeding.

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Southern Holdings Settlement Check Saga – Corrected

January 6, 2014 7:10 AM
Southern Holdings Settlement Check Saga – Corrected

A settlement check issued by the state of South Carolina for the Southern Holdings case plaintiffs wound up nine months later in the account of an attorney not connected to the case.

After six years in litigation where the state Insurance Reserve Fund spent several million dollars on lawyers defending the case, a rushed “settlement” was allegedly arranged between lawyers for the plaintiff and lawyers for the defendants.

The alleged settlement took place behind closed doors with the federal trial judge, after jury selection was complete.

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Southern Holdings Interpleader in Court Today

December 16, 2013 6:00 AM
Southern Holdings Interpleader in Court Today

Another hearing on litigation funds held over from the Southern Holdings case will be held in court in Richland County today.

This case has been ongoing since 2008, after the Southern Holdings plaintiffs tried to get the remaining funds held by their attorneys, Lexington chief magistrate judge John Rakowsky and co-counsel Adrian Falgione, released.

However, as with everything that touches the Southern Holdings case, this hearing will inevitably leave more questions than it will provide answers.

Even the amount of the funds in question remains very much a mystery. There appears to be at least $60,000 missing from Rakowsky’s accounting.

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Southern Holdings and Rogue Attorneys

September 17, 2013 8:00 AM
Southern Holdings and Rogue Attorneys

When I read a recent article about two rogue attorneys in the South Carolina who had stolen money from their clients, I immediately thought of the Southern Holdings case.

I have been reporting on the Southern Holdings case for a number of years including where an attorney has failed to account for over $100,000 entrusted to him by clients.

An accounting for expense funds in the Southern Holdings case provided Sep. 15, 2011, to James Spencer, former CEO of Southern Holdings, Inc., does not conform to S.C. reporting requirements for attorney trust funds.

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Federal Tort Claims Lawsuit – Part IV

September 27, 2012 10:24 AM
Federal Tort Claims Lawsuit – Part IV

A federal tort claims lawsuit, with Horry County and former Horry County Police Department Chief Johnny Morgan included as defendants, is moving forward in Florence federal district court as discovery and depositions are scheduled later this month.

The suit stems from allegations of fraud on the court under color of law by HCPD officers, SLED agents and FBI agents, among others. The suit alleges personnel of these agencies conspired to withhold evidence, commit perjury and commit other unlawful acts in order to influence the outcome of a previous federal lawsuit, thereby violating the civil rights of the plaintiffs.

Part II of the series described actions by the Horry County police officers and Horry County Sheriff’s deputies that are alleged as illegal.

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Federal Tort Claims Lawsuit – Part III

September 12, 2012 1:36 PM
Federal Tort Claims Lawsuit – Part III

A federal tort claims lawsuit, with Horry County and former Horry County Police Department Chief Johnny Morgan included as defendants, is moving forward in Florence federal district court as discovery and depositions are scheduled later this month.

Last week, we posted the first two parts of this series. Part III concentrates on the attempts by plaintiffs’ expert Steve Cain to analyze the original videotapes shot from HCPD patrol cars of the arrest of James Spencer on August 6, 2000.

Cain had already analyzed a copy of the videotape from the police vehicle operated by HCPD officer Jay Brantley during the arrest of Spencer. The videotape from the Brantley vehicle was a key piece of evidence that backed up claims by Spencer of violation of civil rights and police brutality.

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When Will Somebody Arrest Ancil Garvin?

July 20, 2012 7:28 AM
When Will Somebody Arrest Ancil Garvin?

Sun News investigative reporter David Wren reported yesterday that Larry Duwayne Woods, the alleged mastermind behind the failed Bahama Island and Crystal Palace condominium projects financing scam, was arrested in San Diego, CA and will be returned to South Carolina to face charges.

Woods disappeared in 2007 when federal investigators began looking into the business dealings of local developers Jeff Shoup and Tommy Hix of T and J Development in North Myrtle Beach. Hix and Shoup are currently in federal prison after pleading guilty to conspiracy to commit mail, wire and bank fraud in connection with the failed condominium projects.

Woods, through his alleged business Atlewa Trust, was supposed to finance the projects, but got away with approximately $5 million of escrow money paid by advance purchasers of the condominiums.

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Smearing the Courts, Dismantling Justice

February 23, 2012 12:22 PM
Smearing the Courts, Dismantling Justice

A S.C. Hotline, Grand Strand Daily Exclusive

By Paul Gable

It came to my attention recently that Stephanie Weissenstein, attorney for John Rakowsky, sent to the Court copies of two articles from Grand Strand Daily along with a letter dated January 9, 2012. While I appreciate Ms. Weissenstein making the court aware of the articles, I do question the logic stated in her letter.

In the letter, Weissenstein refers to the articles as “this slanderous campaign in effort to intimidate and harass my client and me, while also smearing the Courts.”

First of all, surely Weissenstein understands that the articles would fall under laws of libel, not slander, if she could ignore or negate the first amendment and prove malice aforethought. Second, her claims of intimidation, harassment and smearing fall apart when the facts included in the articles are considered.

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Is Justice Truly Blind?

December 27, 2011 2:28 AM
Is Justice Truly Blind?

An accounting for expense funds in the Southern Holdings case provided Sep. 15, 2011, to James Spencer, former CEO of Southern Holdings, Inc., does not conform to S.C. reporting requirements for attorney trust funds.

The accounting, which, reportedly, comes from trust account records of attorney John Rakowsky, was provided to Spencer by attorney Stephanie Weissenstein of the Desa, Ballard, Weissenstein Law Firm. Weissenstein is representing Rakowsky in an interpleader action of the remaining Southern Holdings expense funds held in trust by Rakowsky. Rakowsky represented Spencer and his co-plaintiffs in the Southern Holdings case,

Under deposits, an amount of $67,500 is shown with no identification of who provided the funds or when they were provided. Rule 417 of the S.C. Judicial Department and Rule 1.15 of the South Carolina Rules of Professional Conduct require the date, source and description of each amount deposited to be included in the records.

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