EFTA00729795.pdf

10/20/2010 17:01 4078415403 THE FLORIDA BAR PAGE 01/02 IN THE SUPREME COURT OF FLORIDA (Before a Grievance Committee) TO. Bradley James Edwards Farmer, Jaffe, Weissing, et al 425 N. Andrews Ave, Suite 2 Fort Lauderdale, Florida 33301-3268 IN RE: Complaints by Jeffrey Epstein and The Florida Bar Against Bradley James Edwards, Attorney No. 542075 Case No. 2010-50,746(09B) OF NO PROBABLE CAU A LETTER OF ADVICE TO ACCUSED The grievance committee has found no probable cause in the above- ferenced matter against you and the complaint was dismissed. In November 2009, The Florida Bar began an investigation into the dissolution of Rothstein Rosenfeldt Adler (RRA). According to a complaint filed by Herbert S ttin, Chapter 11 Trustee, in Case No. 09-34791-BKC-RBR, dated December 29, 2009, "[a]s p. of his Ponzi Scheme to defraud investors, [Scott Walter] Rothstein utilized the RRA offices, R A lawyers and staff, and his position as an attorney and as an owner and officer of RRA, in ition to his relationship with existing clients of RRA and RRA's financial institution accounts, n order to effectuate the fraudulent sale of fictitious structured settlements." Thereafter, co plainant Jeffrey Epstein alleged that you conspired with Mr. Rothstein to encourage plaintiffs to ring meritless civil suits against Mr. Epstein to further Mr. Rothstein's Ponzi scheme. During the investigation of RRA, the bar discovered that Mr. R tein and Stuart Alan Rosenfeldt were the only equity shareholders in RRA. Despite having only two equity partners, you held yourself out as a "partner" when you held no equity terest in RRA. Further, based upon the trust account improprieties at RRA, inquiry was made ether you had read Rule 4-1.5 and Chapter 5 of the Rules Regulating The Florida Bar and hether you reasonably believed during your tenure at the firm that RRA complied with all ap icable rules with respect to its trust accounts. The bar also became aware of allegations that I ers at RRA may have engaged in actions that constituted violations of campaign finance w. It was alleged that lawyers at RRA were instructed to make political campaign cont butions that were then reimbursed to the lawyer from funds at RRA. You responded to the inquiry and indicated generally that you were g en the title "partner" to reflect your legal experience and seniority within RRA. You never he yourself out as an equity partner and were unaware that anyone ever misunderstood that you were an equity partner. Although you were familiar with the rules regarding trust accounts, yo were not a signatory on any bank account at RRA and were not privy to the trust account ecords. You generally EFTA00729795 10/20/2010 17:01 4828415403 THE FLORIDA BAR PAGE 02/02 observed that RRA appeared to have a professional structure and st for the management of trust funds. You denied having knowledge of any trust account irre ularities before the news accounts of Mr. Rothstein fleeing the United States and thereafter be g prosecuted criminally. You denied misrepresenting the value of claims against Mr. Epstei Your representation of plaintiffs in the actions against Mr. Epstein commenced a year befo you began working for RRA and continues. You denied that you were ever reimburs for making campaign contributions or that you were ever asked to do so. Rule 3-2.1(j) of the Rules Regulating The Florida Bar defines "probabl cause" as "[aj finding by an authorized agency that there is cause to believe that a member of e Florida Bar is guilty of misconduct justifying disciplinary action." Here, the Committee co d not find probable cause to believe that your conduct justified disciplinary action. Although the Committee did not find that your actions rose to a viola( of the Rules Regulating The Florida Bar, the Committee members would caution you that I attorneys should avoid situations and communications that could lead to confusion or isinformation. Further, attorneys who possess trust property or use a trust account are under a ontinuing duty to ensure the safety of the property held in trust and compliance with the rule - regarding trust accounts. The Committee understands that there is a national practice where n-equity partners in law firms use the title "partner." The Committee did not find any credib evidence that you were ever reimbursed for making campaign contributions or that you were e r asked to do so. The Committee would direct you to review with care the Rules Regu ting The Florida Bar: 4- 1.15 A lawyer shall comply with The Florida Bar Rules Regulating st Accounts; 4-5.1(a) A partner in a law firm, and a lawyer who individually or together wi other lawyers possesses comparable managerial authority in a law firm, shall make reasonabl efforts to ensure that the firm has in effect measures giving reasonable assurance that all lawy s therein conform to the Rules of Professional Conduct; 5-1.1 Trust Accounts; and, 5-1.2 Trus Accounting Records and Procedures. This letter of advice does not constitute a disciplinary record against u for any purpose and is not subject to appeal by you. Rules Regulating The Florida Bar 3-7.4 ). This complaint will be purged from the discipline records and the file destroyed one year fro the date of the grievance committee action. Dated this ark day of ..737u,n,:--s,, , 2010. NINTH JUDICIAL (ARC rr GR1 .E "B" THEODS DAVID ES S, ACTING CHAIR cc: Kenneth H. P. Bryk, Bar Counsel Jeffrey Epstein, Complainant EFTA00729796