Tag: John Rakowsky

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.

Silence Continues on Southern Holdings Money

Another week has passed with no decision on the Southern Holdings litigation and settlement money.

Despite saying in court on August 20, 2014, he would issue a ruling within one week, Judge Doyet A. Early remains silent.

The case before Judge Early is 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 action 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.

No Decision on Southern Holdings Money

Despite stating he would issue a ruling last week, Judge Doyet A. Early remained silent on the disposition of litigation and settlement money in the Southern Holdings case.

The case before Judge Early is 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.

There are problems with issuing a decision in the interpleader case.

Judge-Doyet-A

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.

A Brief Shining Moment for Southern Holdings Plaintiffs

Sunshine broke through into a S.C. Circuit Courtroom yesterday highlighting at least one brief shining moment for the plaintiffs of the original Southern Holdings lawsuit.

Judge Doyet A. Early, III showed his courtroom follows the law, which, especially for the original Southern Holdings plaintiffs through the years, has been all too rare. He held forth as a judge who is not interested in the corrupt backroom deals that often smear the S.C. legal system, but, rather, in the truth.

As a result of Judge Early’s decisions yesterday, attorneys John Rakowsky and Adrian Falgione will have to answer questions, both will be deposed and discovery will move forward in the Rakowsky v. Falgione et al interpleader action.

S.C. Legal System on Trial at High Noon

A noon hearing in a Columbia court room could go a long way to proving how much legitimacy should be attached to what passes for a legal system in South Carolina.

The issues aren’t big on their surface – a simple motions hearing on several motions associated with an interpleader action.

An interpleader action originates when a party holds property on behalf of another but does not know to whom the property should be transferred. It asks the court to make the decision.

Judge to Look At Southern Holdings Missing Money

A S.C. District Court judge has put off further hearings for three months with respect to remaining litigation funds from the Southern Holdings case while he considers various motions that have been ignored since 2008.

One of those motions regards the missing approximately $60,000 that was never included in an accounting provided to the court by attorneys John Rakowsky and Adrian Falgione. Rakowsky’s trust fund was allegedly used for the accounting.

According to information provided to the court, LawMax, Litfunding and Resolution Settlement Corporation advanced at least $125,000 to Southern Holdings plaintiffs’ attorneys Rakowsky and Falgione to be used for funding expenses, not including lawyer’s fees, associated with the case.

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.

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.

Office of Disciplinary Counsel Failing Citizens

A legal system is only as good as the people charged with overseeing it. In South Carolina that is the Office of Disciplinary Counsel, which operates under the auspices of the S.C. Supreme Court and its Chief Justice.

The S.C. Judicial Department apparently agrees. Consider this high sounding statement from the Judicial Department regarding the ODC:

“Regulating the conduct of both judges and lawyers is critical to preserving the integrity of the South Carolina judicial system and to instilling public confidence in the administration of justice. In South Carolina, the task of regulating both judges and lawyers falls to the Office of Disciplinary Counsel,…”