Tag: Desa Ballard

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.

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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.

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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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The Tangled Web of Southern Holdings – Update

Any time you get close to an issue that stems from the original Southern Holdings lawsuit, the tangled web of deception grows.

The latest involves a hearing before S.C. District Court Judge Doyet A. Early, scheduled for Wednesday August 20, 2014, to hear Emergency Omnibus Motions to Compel the production of a settlement agreement for the Southern Holdings case that includes demonstration of “informed consent” by each of the original Southern Holdings plaintiffs.

The existence of an “informed consent” settlement agreement is required by state and federal law to demonstrate that attorney John Rakowsky, who represented the original seven Southern Holdings plaintiffs, had the “informed consent” of his clients to settle the Southern Holdings case.

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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.

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John R Rakowsky ESQ

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 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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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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