A West Palm Beach strip club owes eight California models as much as $1.8 million for using their photos to lure customers without their permission, according to a lawsuit filed last week in Palm Beach County Circuit Court.
In the lawsuit against Ultra Gentlemen’s Lounge, Miami attorney Sarah Cabarcas Osman claims the eight women are top-flight models and business women who never authorized the club on Congress Avenue to use their photos in promotional advertisements.
The club, formerly operated as T’s Lounge, “gained an economic windfall by using the images of professional and successful models for (its) own commercial purposes,” Osman wrote. In addition to not being paid, the woman “sustained injury to their images, brands and marketability by shear affiliation with Ultra Lounge and the type of club (it is),” she wrote.
In an affidavit attached to the lawsuit, a Los Angles modeling agent estimated the club owes the women $1.78 million for using their photos.
The sentence for Keon Dennard Cunnington came as part of a plea agreement from three separate cases from February 2016.
They included an armed robbery with a teen accomplice of two men’s iPhones in Greenacres and a robbery outside the Boca Raton library where the robbers dragged an elderly woman to the ground at gunpoint before making off with a purse, credit cards and other items from her and two other women.
Cunnington, who was listed with addresses in Lauderhill and Clewiston, was also accused of robbing another man of his cell phone at gunpoint while the man was sitting on a bench at Veteran’s Park in Greenacres.
According to arrest records in the library case, Cunnington and the teen followed three elderly women to the parking lot of the public library after dark while riding Hoverboards they’d taken at gunpoint from two riders in Ocean Ridge hours earlier.
The women told police one of the men pulled out a pistol right before they got to their car. He grabbed one woman, 70, and dragged her onto the parking lot floor in an attempt to steal her purse, the report says.
The robbers ran off with one purse with several credit cards and personal items inside. The women had minor injuries.
Circuit Judge John Kastrenakes sentenced Cunnington to a total of eight years in prison on all the charges as part of a plea deal from Assistant Public Defendern Maegan Young and Assistant State Attorney Emily Walters.
Court records show that Cunnington’s case was moved to mental health court for several months after a court-ordered mental health evaluation in August. The records show he was subsequently deemed competent to stand trial in November.
Dr. Salomon Melgen’s practice of using a single vial of a drug to treat multiple elderly patients for a wet macular degeneration went from being a bonanza to a bust, according to those who testified Wednesday in the Palm Beach County ophthalmologist’s trial on 76 charges of health care fraud.
When the U.S. Supreme Court two weeks ago refused to hear Melgen’s appeal in his long-running dispute with federal health regulators, it dashed his hopes of recouping millions he repaid Medicare when it claimed he wrongly used one vial of the pricey drug Lucentis to treat as many as four patients, a practice known as multi-dosing.
But federal prosecutors, who claim Melgen bilked Medicare out of as much as $105 million by multi-dosing, misdiagnosing and mistreating scores of elderly patients, said millions more are at stake.
The high court’s decision means Melgen won’t be able to get back the $8.9 million he repaid Medicare for multi-dosing patients at clinics in West Palm Beach, Wellington, Delray Beach and Port St. Lucie in 2007 and 2008. But, Medicare officials also want the wealthy, politically-connected retinal specialist to repay another roughly $32 million for multi-dosing patients from 2009 to 2013.
An attorney, whose Washington-based firm has been paid about $5 million to represent Melgen in his unsuccessful legal battle with the U.S. Department of Health & Human Services, told a federal jury that Melgen is appealing the agency’s claims that he owes it additional money. The appeals, attorney Alan Reider acknowledged, could stretch on for years.
Melgen’s attorneys – including one that works for the same Washington, D.C. law firm as Reider – argued that Melgen’s practice of multi-dosing didn’t cost the Medicare program a dime. Had Melgen bought separate vials of Lucentis for each of his patients, the agency would have reimbursed Melgen roughly $2,000 for each one.
But, prosecutors countered, the practice was lucrative for Melgen. Instead of buying separate vials of Lucentis for three or sometimes four patients, he bought one. But he was reimbursed as if he bought one for each patient.
That means if he used one vial to treat three patients, instead of getting back roughly $2,000 for a single vial, he got back about $6,000. If he used it to treat four patients, he got nearly $8,000.
The trial, which began last month, continues today. Melgen also faces corruption charges in New Jersey along with his longtime friend, U.S. Sen. Robert Menendez. His multi-dosing of Lucentis, and Menendez’s attempts to intervene in his dispute with federal regulators, figure into the prosecution’s case there as well.
When attorneys tell judges they want off a case, they routinely cite “irreconcilable differences,” which typically means they haven’t been paid.
But, when a Jupiter attorney decided he no longer wanted to represent former North Palm Beach jeweler Anthony Simpson, he felt compelled to apologize to the judge and lawyers representing a New Jersey woman who is trying to evict Simpson from his home. Court records show he deeded it to her in 2015 in exchange for $450,000.
“My credibility is all I have and I have been lied to repeatedly by (Simpson),” attorney David Kuschel wrote in a motion filed in Palm Beach County Circuit Court earlier this month. “I did not become an attorney to abuse the judicial system or to lie to other members of the Florida Bar and the Court.”
Like others who have dealt with the former owner of Shamrock Jewelers on Northlake Boulevard, Kuschel said he believed Simpson when he told him he had “a financial backer.” Simpson promised repeatedly that the anonymous benefactor would give him $600,000 to settle the eviction lawsuit filed against him by Jodi Monell, as trustee of two family-owned trusts in Colts Neck, N.J., Kuschel wrote.
Kuschel said he met with people who were interested in buying Simpson’s home but that they didn’t understand the urgency of doing so. “Apparently, (Simpson) also misrepresented facts to the financial backers,” he wrote.
“The undersigned counsel does not know what else he can do, hence withdrawing from this action is my best course of action,” he wrote in the request.
In 2015, Simpson repeatedly told U.S. Bankruptcy Judge Erik Kimball he had “an angel” who would repay those who invested roughly $12 million in Rollaguard, a company he formed to produce a high-tech brief case. When the anonymous benefactor never appeared, Kimball put a bankruptcy trustee in charge of Rollaguard and Shamrock, who closed them both.
Trustee Robert Furr has filed dozens of lawsuits trying to recover millions from those who made money on both Shamrock and Rollaguard at the expense of others. Simpson also faces charges in Louisiana for writing bad checks to a diamond broker there.
Circuit Judge Edward Artau has scheduled a hearing on April 17 on Monell’s request to order Simpson out of his Oyster Road home.
In ruling against Trump on Wednesday, in a decision involving Trump National Golf Club Jupiter, U.S. District Judge Kenneth Marra made it clear he meant the new president no disrespect when he referred to him simply as Donald Trump or D. Trump throughout the 22-page order.
“At all times relevant to this lawsuit, Donald J. Trump was a private citizen. As a result, the Court will refer to him as such in this decision. In doing so, the Court means no disrespect to him or to the esteemed position he now holds.”
A Boca Raton probate and guardianship lawyer has renewed his efforts to have Donald Trump declared mentally unfit to serve as president of the United States.
Attorney James Herb said Trump’s actions over the last 10 days – fighting over the size of the crowd at his inauguration, insisting he really won the popular vote and inciting international turmoil with an immigration ban – reinforce his earlier claims that part-time Palm Beach resident is delusional.
A similar guardianship petition Herb filed in Palm Beach County Circuit Court in the run-up to the November election was thrown out by Circuit Judge Jaimie Goodman. As a state court judge, Goodman said he had no power to block Trump’s candidacy or remove him from office. Further, he ruled, Herb didn’t have a relationship with Trump that would allow him to ask that the real estate tycoon be declared incompetent.
Herb said he has addressed those legal obstacles in a new petition filed Monday. “I did not have a relationship with him but I now do because he’s my president,” Herb said.
Further, he said, he’s not asking a judge to remove Trump from office. That would be done in accordance with a process outlined in the U.S. Constitution.
Herb said he is simply asking a judge to appoint a team of experts to evaluate the new chief executive’s mental health. If Trump is found incompetent by the three-person panel, the judge could then limit his activities.
In the petition, Herb is asking that Trump be barred from “seeking or retaining employment.” In an asterisks, he notes that he is asking Trump be prohibited from “retaining employment as President of the United States.” If a judge agrees to the limitation, the order would be forwarded to federal officials capable of removing him from office.
As he did in the previous petition, Herb claims Trump exhibits signs of narcissism and histrionic personality disorder. Both are recognized as mental illnesses by the Diagnostic and Statistical Manual of Mental Disorders, which is published by the American Psychiatric Association. Since taking office, Trump has also exhibited signs of being delusional, Herb wrote.
Herb, who was criticized as a publicity-hound after filing the first petition in October, said his actions aren’t part of some self-serving publicity stunt. A longtime guardianship and probate lawyer, he said his practice is now primarily limited to wills and trusts.
“I’m not interested in getting business. I have plenty of business,” he said.
His goal, he said, is much more far-reaching. “I’m trying to save the world,” he said.
He is not alone in his suspicion that Trump is mentally unfit to be president. A group calling itself “We The People,” on Sunday started an online petition to “Demand Congress Require an Independent Expert Panel Determine the President’s Psychiatric Stability to Protect America.” If they get 99,999 signatures by Feb. 28, the White House by law has to respond.
Remember that old criminal charge you’ve always wanted to get removed from your record?
The Palm Beach County court system has a workshop for that.
Officials from the Palm Beach County State Attorney’s office, Palm Beach County Clerk of Court and the Palm Beach County Sheriff’s Office on Thursday will host a second sealing and expunging workshop for people seeking to have an arrest removed from their record.
Sheriff’s officials in a flyer list eligible participants as people who were ever charged with a crime in a Palm Beach County case that did not result in conviction, adding that people who fit that criteria may be able to a get a single arrest record sealed or expunged.
“Our community becomes safer when those who are eligible under the law for sealing and expungement can get their lives back on track and become successful members of our society,” Palm Beach County State Attorney Dave Aronberg said in a press release this week.
The workshop will be held Thursday on the first floor of the main courthouse at 205 North Dixie Highway, West Palm Beach, from 3:00 p.m. to 7 p.m.
Workshop attendees should bring the following:
A Florida driver’s license, Florida issued photo I.D. or U.S. Passport.
A completed “State Attorney’s Preliminary Application for Sealing/Expungement Eligibility,” which can be found at sa15.org.
Any copies of old paperwork available on the arrest. If the case occurred before 2008, call ahead so the clerk has a few days to locate the old file.
For more questions, contact Angel at 561-355-7373 or Lidis at 561-355-7313
Treatment center operator Kenneth “Kenny” Chatman on Thursday pleaded not guilty to a sweeping 17-count indictment that accuses him of money laundering, health-care fraud and sex trafficking, a charge that could send him to prison to life.
The indictment, handed up Tuesday, showcases federal prosecutors plan to shut down what they called the 46-year-old suburban Boynton Beach man’s illicit drug treatment empire that stretched from Mangonia Park in Palm Beach County to Plantation in Broward County and brought in an estimated $5.4 million.
The five others, who were released on bond after being charged in a criminal complaint last month, also pleaded not guilty to the new charges this week. A sixth, who was not originally charged, is to appear in court Monday.
“It’s the beginning of a long journey,” Chatman’s attorney Saam Zangeneh said after the brief hearing before U.S. Magistrate William Matthewman. He pledged to vigorously defend Chatman, who remains jailed as a flight risk and a danger to the community.
At a previous hearing, Assistant U.S. Attorney Marie Villafana suggested she would also ask a grand jury to indict Chatman in connection with overdose deaths that she said occurred at the sober homes he operated. But, she said, those charges would take more time to prepare. Chatman was not charged in connection with any deaths.
Still the charges he faces in connection with his involvement with Journey to Recovery in suburban Lake Worth and Reflections Treatment Center in Margate along with dozens of sober homes are serious. Journey to Recovery and Reflections were both licensed drug treatment centers. As a convicted felon, Chatman was barred from holding the licenses so he and his wife illegally told authorities she was operating them, according to the indictment.
Rather than treating patients, the indictment claims Chatman made a fortune by taking advantage of them along with insurance companies. He turned female patients into prostitutes. He paid kickbacks to five laboratories – in South and Central Florida, Texas and Pennsylvania – to get them to test bogus urine samples, according to the indictment.
In addition to Chatman and his wife, also indicted were: Joaquin Mendez and Donald Willems, both doctors; Fransesia Davis, who worked at the two treatment centers; Michael Bonds, a sober home operator; and Stefan Gatt, who worked at a lab in Central Florida.
The jury’s verdict comes after more than four hours of deliberation that began Tuesday.
Assistant State Attorneys Andrew Slater and Karen Murillo argued that Allen and Lewis were two of several men who pulled up to a home where Copeland was staying on May 30, 2008 and ambushed him.
It was Allen, prosecutors say, who shot Copeland when he tried to run.
They say Allen and Lewis tried to rob Copeland to avenge Copeland’s former roommate, Ashley Rosa, a new girlfriend of Allen’s who felt Copeland owed her rent money after he abruptly moved out.
But Allen’s defense attorneys, Assistant Piblic Defenders Scott Pribble and James Snowden, and Lewis’ attorney, Franklin Prince, have said the only guilty parties in the case are Rosa, her brother Mark and a third man, Dwayne Jackson.
Jackson and Mark Rosa are free after serving 7-year sentences. Ashley Rosa was never charged.
The saga of efforts to seize a Palm Beach County sheriff’s deputy’s belongings to pay the expenses of a West Palm Beach man he shot and paralyzed took another turn on Tuesday when attorneys challenged the value he claimed his possessions are worth.
In court papers, attorney Jack Scarola, who represents Dontrell Stephens, accused Sgt. Adams Lin of understating the value of his car, his television and a Play Station. They are the only belongings Lin said he owns that are worth more than $25. In total, he said, his possessions, excluding his car, are worth less than $4,000.
Also, while Lin in court papers set the value of his two dogs and a cat at $100, a spokesman for Scarola said neither those pets nor an aquarium with fish were seized. By law, Lin was required to list the value of all of his possessions worth more than $25, the spokesman said.
A hearing will be held before U.S. Magistrate Barry Seltzer on Wednesday to determine if Lin will get his belongings back. He is allowed to retain $4,000 worth of his possessions, according to the state law. He claims he owes more on his 2014 Dodge Challenger than the $22,000 claims it is worth. Scarola claims it has been modified at a cost of $13,000, making it far more valuable.
Lin’s belongings were seized by court order on Jan. 7 from Lin’s home to defray a $22.4 million judgment Scarola won for Stephens last year. Stephens, 23, who was paralyzed after he was shot by Lin in 2013, is destitute, Scarola said.
The judgment is also against the Palm Beach County Sheriff’s Office. Scarola said he wants Sheriff Ric Bradshaw to pay Stephens the $200,000 he agency will be legally required to pay if the verdict is upheld on appeal. Bradshaw, he said, has refused.
Under Florida law, $200,000 is the most government agencies can be required to pay for wrongdoing. To get more, the Florida Legislature must pay a claims bill, lifting the cap.