Alvarez Carbonell Feltman & Da SIlva Roniel Rodriguez, Benjamin Raul Alvarez, Paul Feltman Falsified my signature on billing records to overcharge & defrauded clients Coral Gables Florida!!
IOTA ACCOUNT FRAUD PARTIES u201cInglewoodu201d = Inglewood Townhomes Condominium Association was the client of Alvarez, Carbonell, Feltman Jimenez & Gomez et al. (Respondent) hereinafter u201cA/C.u201d A/C was retained by Inglewood to collect hurricane damage insurance against Citizens Insurance on a contingency basis. u201cCitizensu201d = u201cCitizens Property Insurance was the property insurance for Inglewood. u201cEngineeru201d = Walter L. Lista, Inc. and/or Walter L Lista P.E. is the engineering company, which A/C falsely represented to Inglewood, was hired by A/C to perform structural engineering services in order to assist A/C in claims against Citizens. However, Lista Engineer was never retained by A/C. A/Cu2019s representations to Inglewood that A/C had retained Lista Engineer are false. u201cComplainantu201d = Walter L. Lista Complainant holds a Florida professional engineering license, and renders professional services as an agent of Lista Engineer and was NOT AWARE OF HIS ROLE therein until the fraud was uncovered. u201cStraw 1,u201d and u201cStraw 2,u201d and u201cStraw 3u201d are the companies that A/C Firm allegedly hired to perform work for A/C Firm in order to increase reimbursable expenses for Inglewood claim under A/C/ Firmu2019s contingency contract. u201cStraw 1u201d Invoice #10420 dated February 25, 2018 for $16,000.00 = is the fraudulent invoice where u201cComplainantsu201d letterhead, services performed described therein were not performed by Claimant and his signature was fraudulently falsified by someone at A/C Firm. This fraudulent invoice then re-appears in Roniel Rodriguez Expert Claims v. Inglewood, Florida Circuit case in Miami-Dade, Case no. 2011-12415 CA 03. u201cStraw 2u201d = the second professional allegedly hired by A/C was Expert Claims Adjusters, Inc. The straw invoice from Expert Claims for alleged work on Inglewood is for $91,870. Inglewood became suspicious of this Invoice and does not authorize A/C to disburse Citizens settlement funds from A/C Trust Account to pay this invoice. Subsequently, Expert Claims sues Inglewood for failure to pay. Expert Claims is a Florida Profit Corporation represented by Roniel Rodriguez, Esq., in the lawsuit case style u201cExpert Claims Adjusters v. Inglewood Townhomes Condo a*su2019n, Inc. Rodriguez obtains a default Judgment for $128,070 in favor of Expert Claims. Rodriguez later assigns said default Judgment to himself by using RJR Charitable Holdings, LLC. Rodriguez collects monies from A/C trust account and banks holding monies for Inglewood. u201cStraw 3u201d = VEP Construction, LLC is the third alleged professional hired by A/C I. INTRODUCTION WALTER L. LISTA (u201cComplainantu201d) hereby files this complaint against JorgeCarbonell (u201cCarbonellu201d)u037e Benjamin R. Alvarez (u201cAlvarezu201d), the law firm of Alvarez, Carbonell, Feltman & Da Silva, P.L. (u201cA/Cu201d)u037e and Roniel J. Rodriguez IV (u201cRodriguezu201d), in violation of rules 4u00ad1.3, 4u00ad1.4, 4u00ad1.7, 4u00ad3.3, 4u00ad4.1, 5u00ad1.1, of the Rules Regulating the Florida Bar. Alvarez,Carbonell et. Al (collectively u201cA/Cu201d) intentionally defrauded Citizens Property Insurance Corporation (u201cCitizensu201d) by fabricating the supporting documentation relied upon during the course of litigation between A/Cu2019s client, Inglewood Townhomes Condominium Association (u201cInglewoodu201d) and Citizens. A/C acted with the express purpose of artificially inflating Inglewoodu2019s damages, and, consequently, A/Cu2019s contingency fee. In order to unjustly enrich themselves further, and continue to perpetuate a scheme to defraud, A/C & Rodriguez siphoned Inglewoodu2019s settlement funds being held in A/Cu2019s trust account by fabricating & utilizing straw invoices to create the appearance of legitimate litigation costs. Complainant Lista Engineers company was unwittingly used as one of the straw invoices fabricated by A/C and Roniel Rodriguez IV u201cRodriguezu201d in this complex scheme to defraud Citizens, Inglewood, and the courts. After defrauding Citizens and siphoning Inglewoodu2019s Settlement funds, A/C and Rodriguez conspired to devise an additional scheme and artifice to plunder approximately $55,000.00 from Inglewoodu2019s cash reserves. As part of this scheme, A/C intentionally caused Inglewood to default on an agreement with Rodriguezu2019s straw clients, thereby entitling Rodriguez to a default judgment (the u201cJudgmentu201d) against Inglewood. The sham settlement agreement between A/C & Rodriguez & the default Judgment in favor of RJR Charitable Holdings, LLC formed the basis of Rodriguezu2019s writ of garnishment directed against Inglewoodu2019s bank and the disbursement of Trust account funds being held by A/C. II. IOTA ACCOUNT FRAUD A. $19,791 IOTA ACCOUNT CHECK #1060 On or about June 6, 2011, A/C drafted check number 1060, drawn on its IOTA account in the amount of $19,791.00, naming A/C as payee. The memo line of the check states u201cWalter Lista, VEP Construction, Cost Reimbursement.u201d Upon information and belief, A/C deposited IOTA check #1060 into its Operating Account siphoning false reimbursable expenses which comprise the IOTA check #1060. These cost are disguised reimbursable expenses through straw invoices. Composite Exhibit A u201cThe checksu201d B. THREE (3) OPERATING ACCOUNT CHECKS THAT COMPRISE THE IOTA ACCOUNT CHECK #1060 FOR $19,791. a. Walter Lista P.E. check for $12,000 b. VEP Construction check for $ 6,200 c. A/C Cost Reimbursement for $ 1,591 d. A/C IOTA Check 1060 $19,791 C. The $12,000 check from A/C to Walter Lista P.E. (Straw #1) Check # 3327 dated May 6 2011from A/C to Walter L Lista P.E. with the notation on the memo line u201cINGLEWOODu201dsigned by Jorge L. Carbonell was written to pay off the FAKE Walter L Lista Inc Invoice #10420. Lista Engineer never created invoice # 10420. Invoice #10420 for $16,000 dated February 25 2018 from Lista Engineer to A/C was intentionally fabricated by A/C and is fraudulent. A/C forged Complainantu2019s signature. A/C forged Complainants letterhead. Lista Engineer has no knowledge of this falsified Invoice #10420. This fake Lista Engineer Invoice #10420 was used by A/C to increase reimbursable expenses allegedly due to A/C. EXHIBIT B Affidavit of Walter L Lista regarding Invoice #10420 On or about January/February 2018 A/C fraudulent use of the legal system and fabrication of fraudulent documents netted A/C an approximate $460,000 settlement from Citizens insurance regarding the Inglewood case. Once the approximate $460,000 Citizens settlement proceeds were cleared into the A/C IOTA account, A/C began preparing, under the cost reimbursement contingency fee agreement between A/C and Inglewood, to disburse funds. Inglewood begins to doubt the legitimacy of the Lista Engineer invoice and other professionals allegedly hired by A/C on Inglewoodu2019s behalf. Inglewood in a series of emails questioned the disbursement of the settlement proceeds being held in A/C IOTA account. A/C then on behalf of Inglewood begins a series of SHAM emails and communications with the alleged professionals hired by A/C which culminates with a SHAM settlement agreement between Inglewood and the alleged professionals hired by A/C. The series of SHAM emails & communications written by Alvarez to Inglewood state: i. that Alvarez spoke to Lista Engineer regarding Invoice #10420 ii. that Lista Engineer would reduce Invoice #10420 from $16,000 to $12,000 in order to settle and get paid. iii. that if Lista Engineer is not paid Lista Engineer & the other professionals A/C allegedly hired will initiate a lawsuit against Inglewood due to Inglewoodu2019s failure to pay Lista Engineer and the other professionals allegedly hired by A/C. iv. that A/C specifically Alvarez was the assignee of the Walter L Lista inc invoice # 10420 for 16,000 v. that A/C specifically Alvarez negotiated on behalf of Walter L Lista inc a reduction in fees of invoice#10420 from $16,000 to $12,000. vi. that Alvarez signed the negotiated settlement agreement as assignee of Lista Inc. (Straw #1) despite the fact that Rodriguez claimed to represent Lista Engineer in the Expert Claims litigation. vii. Alvarez uses the sobriquet u201cengineeru201d in reference to Complainant. viii. One email dated April 6, 2011, Alvarez wrote to Inglewood: u201c[b]ased on me [sic] conversations with the G.C., engineer and appraiser, I am hereby advising you that they are going to initiate legal action against you to collect their feesu037e and I STRONGLY URGE Inglewood to avoid further acrimony and litigation, by paying them for their work.u201d [emphasis original] ix. On march 30 2018 Alvarez wrote to Inglewood: 1. u201cMy partners and I are receiving calls from the GC, engineer and appraiser, as to why they have not been paid for work they did over 1 year ago.u201d u201dI will tell you that you will soon be sued for quantum meruit by the GC, Engineer and Appraiser u2018 d. Affidavit of Benjamin R Alvarez dated January 7 2014 1. u201cIn an exhaustive effort, I notified Inglewood of its legal responsibilities and liabilities to these third parties.u201d 2. u201cI repeatedly advised Inglewood that if Inglewood did not pay these third parties the outstanding balance, these third parties had grounds for legal actionu201d 3. The third party referenced above is Lista Engineer and the other sham professionals allegedly hired by A/C Alvarez, knew or should have known that invoice# 10420 was a SHAM as Alvarez did not in any way shape or form, or at any time whatsoever speak with me, the complainant, Lista Engineer about invoice #10420 or check # 3327 made payable to me. Complainant, Lista Engineer had no idea this invoice #10420 or check # 3327 even existed as the invoice #10420 is completely fraudulent. Complainant holds a Florida professional engineering license, and renders professional services as an agent of Lista Inc. and was NOT AWARE OF HIS ROLE therein until the fraud was uncovered. Exhibit C Series of Emails between Inglewood and Alvarez On or about May 2014, The Coral Gables Police Department has confirmed that check #3327 payable to Walter L Lista P.E. was never cashed. Lista Engineer never received check #3327. D. The $6,200 Check from A/C to VEP Construction (Straw #2) Check # 3315 DATED May 3 2018 from A/C to VEP Construction with the notation u201cRE: Inglewoodu201d signed by Benjamin R. Alvarez. The alleged Invoice from VEP Construction dated February 23 2018 for 41 hours of u201cGeneral Contractor/Consulting Feeu201d is for $8,200 The signature for Rommel Este, on this unnumbered invoice, does not match the signatures for Rommel Estes on Sunbiz. This invoice was also reduced during the SHAM negotiations between Inglewood, A/C and the professionals allegedly hired by A/C from $8,200 to $6,200. Alvarez signed the negotiated settlement agreement between Inglewood and its alleged professionals as assignee of VEP Construction (Straw #3) despite the fact Rodriguez claimed to represent Straw 3 in the the Expert Claims litigation. E. The $1,591 fee for A/C reimbursement Pursuant to the SHAM Settlement negotiations between alleged experts hired by A/C on behalf of Inglewood, A/C received $1,591 in reimbursable cost expenses $5,000 IOTA ACCOUNT CHECK #1054 On or about June 1 2018 A/C drafted check # 1054, drawn on its IOTA account in the amount of $5,000 naming u201cRoniel Rodriguez IVu201d as payee. The memo line of the check states u201cNegotiated Appraiseru2019s Attorneyu2019s Feesu201d G. $45,000 IOTA ACCOUNT CHECK #1058 On or about June 6 2018 A/C drafted check #1058, drawn on its IOTA Account in the amount of $45,000 naming u201cEduardo Rodriguezu201d as payee. The memo line of the check states u201cNegotiated Appraisal Feesu201d Eduardo Rodriguez is the principle of Expert Claims Alvarez & Carbonell through ACG Registered Agents, LLC is the registered agent of Expert Claims H. $40,000 IOTA ACCOUNT CHECK #1056 a. On or about June 1 2018 A/C drafted check #1056, drawn on its IOTA account in the amount of $40,000 naming u201cABC Restoration Services, Inc.u201d as payee. The memo line of the check states u201cIn the name of Inglewood Townhomes condo association for deposit for roof repairs in accordance with agreement.u201d b. Confidential Settlement Agreement and Full Mutual Release of All Claims dated May 6 2011, created by A/C on behalf of Inglewood to settle Expert Claims case 11-12415CA11. This agreement was subsequently intentionally defaulted on by A/C so Rodriguez could obtain a default judgment after a 3 day notice. This agreement states that Lista Engineer invoice #10420 was to be paid by ABC from ABC funds. Alvarez signs this agreement as assignee of Walter Lista. See Exhibit u201cDu201d Sham Settlement Agreement III. Fraud Upon the Courts, Expert Claims v. Inglewood, Florida Circuit case in Miami-Dade, Case no. 2011-12415 CA 03. On April 21, 2011, Straw 2, represented by Rodriguez, initiated an action against Inglewood for nonpayment in a case styled, Expert Claims Adjusters, Inc. v. Inglewood Townhomes Condo a*su2019n, Inc., Case Number 2011u00ad12415u00adCAu00ad03 (the u201cExpert Claimsu201d litigation). The claim asks for $128,070 in damages plus fees. The $128,070 in damages is comprised of the following: i. Straw # 1 Walter L Lista P.E. Invoice #10420 for $16,000 ii. Straw # 2 Eduardo Rodriguez Invoice #100 for $91,870 iii. Straw # 3 VEP Construction unnumbered invoice $ 8,200 iv. Straw # 4 ADR Invoice #6600408 for $12,000 v. Total Damages claimed (Straw #1-4) $128,070 Note: The multiplication on Line 3 of Eduardo Rodriguez Invoice # 100 is incorrect. See Exhibit u201cEu201d Expert Claims Lawsuit, Judgment & Garnishment As discussed above, Inglewoodu2019s objection to the Straw Costs in the Citizens litigation prompted Rodriguez and Straw 2 to file the Expert Claims matter against Inglewood for nonpayment. After Rodriguez initiated the litigation, the parties entered into settlement negotiations. As stated above, A/C negotiated the the straw invoices on behalf of Inglewood with the alleged professionals hired by A/C. A SHAM settlement agreement was reached between Alvarez & Rodriguez on May 6 2011. Under the Settlement, Straw 2 received a reduced fee in the amount of $45,000.00 for services allegedly rendered in connection with the Citizens litigation (the u201cStraw 2 postu00adSettlement feeu201d).Additionally, Rodriguez received$5,000.00 in legal fees under the Settlement. Pursuant to the Settlement, A/C was required to remit payment to both Straw 2 and Rodriguez prior to May 12, 2011. Under the Settlement, nonperformance of this condition entitled Straw 2 to a default judgment against Inglewood for Straw 2u2019s preu00adSettlement fee of $91,870.00. A/C was at all times cognizant of this condition, as evidenced by the fact that it a) negotiated the Settlement on behalf of the partiesu037e b) memorialized the terms of the Settlement for the partiesu037e c) referenced the May 12 deadline and the fact that time was of the essence in at least two different emailsu037e and d) partially performed its obligations under the Settlement. As previously stated, Straw 2u2019s preu00adSettlement fee consisted of approximately $91,870.00 out of the total $128,070.00 in Straw Costs. The remaining balance of $36,200.00 was comprised of a) the Lista Engineer Inc. preu00adSettlement fee of $16,000.00u037e b) the Straw 3 preu00adSettlement fee of $8,200.00u037e and c) $12,000.00 which represented Inglewoodu2019s share of mediation fees. It should also be noted that, as of April 29, 2014, Straw 2u2019s registered agent was ACG Registered Agents, LLC (u201cACGu201d). At all relevant times, Carbonell and Alvarez were the managing members of ACG. It should also be noted that, at all relevant times, Alvarez and Rodriguez were partners in numerous current and past business ventures. Exhibit u201cFu201d Sunbiz Records A/C performed some of its obligations under the Settlement by u201cpayingu201d Lista Inc. and Straw 3, but the Firm ultimately caused Inglewood to default on the Settlement by intentionally failing to pay Straw 2 and Rodriguez before the May 12 deadline. On May 17, 2011, Rodriguez filed for a Clerku2019s default against Inglewood due to Inglewoodu2019s failure to file a responsive pleading in the Expert litigation. On May 26, 2011, Rodriguez obtained a Final Judgment in the amount of $128,070 plus pre judgment interest in the sum of $13,894.72 plus fees of $456 for FINAL JUDGMENT of $142,420.72 (the u201cJudgmentu201d). Violation of the Rules Regulating the Florida Bar 1. Rule 3u00ad4.3 Misconduct and Minor Misconduct Complainant alleges that A/C and Rodriguez (collectively the u201cLawyersu201d) violated Rule 3u00ad4.3 of the Rules Regulating the Florida Bar. Rule 3u00ad4.3 provides in pertinent part: The commission by a lawyer of any act that is unlawful or contrary to honesty and justice, whether the act is committed in the course of the attorney’s relations as an attorney or otherwise, whether committed within or outside the state of Florida, and whether or not the act is a felony or misdemeanor, may constitute a cause for discipline. Lawyers violated rule 3u00ad4.3 by: i) fabricating supporting documentation in the Citizens litigation, specifically, the Invoice directed at A/Cu037e ii) executing the Settlement as assignee of Lista Inc.u037e iii) drafting a negotiable instrument naming Lista Inc. as payee with the knowledge and specific intent to perpetuate the fraud against Citizens and Inglewoodu037e9 iv) endorsing the abovementioned instrument by fraudulently claiming and exercising an assignment of a right which was not grantedu037e v) converting Inglewoodu2019s proceeds from the Citizens litigation by utilizing strawsu037e vi) intentionally causing Inglewood to default on the Settlementu037e and vii) conspiring to convert Inglewoodu2019s cash reserves as a result of the abovementioned default. As a product of their expertise in the area of firstu00adparty insurance litigation, Lawyers possess asymmetrical information over the lay population in general and Inglewood specifically. Lawyers used their position and asymmetrical information to the detriment of Inglewood by manipulating the intricacies of the legal system. Lawyers conduct is highly prejudicial to the administration of justice, and so egregious that it may constitute a violation of state and federal criminal statutes. 2. Rule 4u00ad1.3 Diligence Complainant alleges that A/C violated rule 4u00ad1.3, Rules Regulating the Florida Bar. Rule 4u00ad1.3 provides, u201c[a] lawyer shall act with reasonable diligence and promptness in representing a client.u201d The Comment to the rule further provides that: u201cA lawyer should pursue a matter on behalf of a client despite opposition, obstruction, or personal inconvenience to the lawyer and take whatever lawful and ethical measures are required to vindicate a client’s cause or endeavor. A lawyer must also act with commitment and dedication to the interests of the client and with zeal in advocacy upon the client’s behalf.u201d A/C violated rule 4u00ad1.3 by failing to act diligently in the representation of Inglewood. Specifically, the Firm failed to act diligently by intentionally failing to satisfy the terms of the Settlement, thereby causing Inglewood to default under the Settlement and suffer default judgment. As a result of the Judgment, Rodriguez garnished approximately $55,000.00 of Inglewoodu2019s cash reserves. 3. Rule 4u00ad1.4 Communication Complainant alleges that A/C violated rule 4u00ad1.4, Rules Regulating the Florida Bar. Rule 4u00ad1.4 provides: (a) Informing Client of Status of Representation. A lawyer shall: (1) promptly inform the client of any decision or circumstance with respect to which the client’s informed consent, as defined in terminology, is required by these rulesu037e (2) reasonably consult with the client about the means by which the client’s objectives are to be accomplishedu037e (3) keep the client reasonably informed about the status of the matteru037e (4) promptly comply with reasonable requests for informationu037e and (5) consult with the client about any relevant limitation on the lawyer’s conduct when the lawyer knows or reasonably should know that the client expects assistance not permitted by the Rules of Professional Conduct or other law. (b) Duty to Explain Matters to Client. A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation. A/C violated rule 4u00ad1.4 by failing to inform Inglewood of the status of its representation of Inglewood throughout the Citizens and Expert Claims litigation, and the Expert Claims Settlement negotiations. A/C did not properly inform Inglewood of its relationship with Rodriguez such that Inglewood could give informed consent to A/Cu2019s continued representation. Further, A/C violated subsection (b) of the rule by failing to fully and adequately explain to Inglewood the consequences of a default on the Expert Claims Settlement. 4. Rule 4u00ad3.3 Candor Toward the Tribunal Complainant alleges that the Lawyers violated rule 4u00ad3.3, Rules Regulating the Florida Bar. Rule 4u00ad3.3 provides: (a) False Evidenceu037e Duty to Disclose. A lawyer shall not knowingly: (1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyeru037e (2) fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act by the client… (4) offer evidence that the lawyer knows to be false. A lawyer may not offer testimony that the lawyer knows to be false in the form of a narrative unless so ordered by the tribunal. If a lawyer, the lawyeru2019s client, or a witness called by the lawyer has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence that the lawyer reasonably believes is false. Rodriguez violated rule 4u00ad3.3 by failing to amend the complaint in the Expert Claims litigation to reflect the satisfaction of the Lista Inc. and Straw 3 debts. The Firm violated rule 4u00ad3.3 by knowingly presenting a falsified affidavit in connection with the Expert Claims litigation. Further, Lawyers violated the rule by utilizing straws to procure a judgment against Inglewood, and failing to disclose this fact to the court. 5. Rule 4u00ad8.4 Misconduct Complainant alleges that Lawyers violated rule 4u00ad8.4, Rules Regulating the Florida Bar. Rule 4u00ad8.4 provides: A lawyer shall not: (a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of anotheru037e (b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respectsu037e (c) engage in conduct involving dishonesty, fraud, deceit, or misrepresentationu2026[or] (d) engage in conduct in connection with the practice of law that is prejudicial to the administration of justice. The Lawyers violate rule 4u00ad8.4 by utilizing straws to convert Inglewoodu2019s litigation proceeds, and by conspiring to convert $55,000.00 of Inglewoodu2019s cash reserves. Lawyersu2019 conduct is prejudicial to the administration of justice. 6. Rule 5u00ad1.1 Trust Accounts Complainant alleges that Carbonell and Alvarez violated rule 5u00ad1.1, Rules Regulating the Florida Bar. Subsection (b) of the rule provides: Application of Trust Funds or Property to Specific Purpose. Money or other property entrusted to an attorney for a specific purpose, including advances for fees, costs, and expenses, is held in trust and must be applied only to that purpose. Money and other property of clients coming into the hands of an attorney are not subject to counterclaim or setoff for attorneyu2019s fees, and a refusal to account for and deliver over such property upon demand shall be deemed a conversion. [emphasis original] 5u00ad1.1(e) provides: Notice of Receipt of Trust Fundsu037e Deliveryu037e Accounting. Upon receiving funds or other property in which a client or third person has an interest, a lawyer shall promptly notify the client or third person. Except as stated in this rule or otherwise permitted by law or by agreement with the client, a lawyer shall promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive and, upon request by the client or third person, shall promptly render a full accounting regarding such property. [emphasis original] Carbonell and Alvarez violated rule 5u00ad1.1 by a) holding the proceeds of the Citizens litigation in trust for Inglewoodu037e b) Intentionally failing to apply those funds to the specific purpose for which the money was intended, namely, timely distributing the funds to Inglewoodu2019s creditors as required under the Settlementu037e and c) converting said funds for A/Cu2019s personal use. Additionally, after it negotiated the Settlement on behalf of Inglewood, A/C was obligated under rule 5u00ad1.1 to promptly notify the thirdu00adparty creditors and distribute Inglewoodu2019s funds by May 12, 2011. A/C did not distribute the funds due to Straw 2 and Rodriguez until June 1, 2018 when it filed a response to Rodriguezu2019s motion for writ of garnishment. On June 6, 2011, A/C made the final distribution of funds under the Settlement. A/Cu2019s violation of the rule ultimately caused Inglewood to default under the Settlement and permitted Rodriguez to garnish Inglewoodu2019s cash reserves. In an email dated February 28 2018 from Alvarez to Inglewood Alvarez states: u201cIn case you are not aware, A trust account is a bank account maintained incident to a lawyeru2019s law practice in which the lawyer holds funds received in a fiduciary capacity, including those held on behalf of or belonging to a client. This account is monitored by the Florida Bar Rule 5-1.1 Trust Account. It is not money that belongs to me u2018 It belongs to the clientu2026u201d IV. CONCLUSION Complainant respectfully requests that the Florida Bar investigate Benjamin R. Alvarez, Jorge L. Carbonell, and Roniel J. Rodriguez for violations of the Rules Regulating the Florida Bar, and fashion sanctions the Bar deems appropriate.