The Missouri Supreme Court has scheduled a disciplinary hearing Wednesday for a Springfield attorney who allegedly made lewd comments to a client and showed her pictures of naked women.
The brief filed by the chief disciplinary counsel against Darryl Johnson Jr. includes the following passage:
During the meeting, Respondent showed Danels photographs of naked women and made crude comments to Danels regarding his sexual preferences. According to Danels, Respondent explained as follows:
“He mentioned the fact that it helped in the cases, that they were taken of, they were like from the internet. He told me if I had any internet pictures, if I could get any pictures of my soon-to-be-ex-husband and I together, that it would help my case, sexually together, it would help my case.”
Respondent also showed Danels an autographed picture of a naked stripper that he had been given while at a strip club. The picture was signed “To Darryl.”
Respondent admits showing Danels photographs of naked women and described the conduct as a “common practice” that he utilizes so that his clients will know what to expect during the course of a dissolution proceeding.
Respondent denies making any lewd statements to Danels and denies ever showing her a
photograph of a stripper.
The following description is taken from the Missouri Supreme Court website:
A client who hired Springfield attorney Darryl Johnson Jr. to represent her in a case to dissolve her marriage later filed a complaint with the chief disciplinary counsel’s office, alleging Johnson made lewd comments, showed her photographs of naked women and did not obtain a satisfactory ruling. Another client filed a complaint alleging Johnson failed to file timely motions in a custody case and failed to notify him when the matter was set for hearing. A prospective client filed a complaint alleging that, at the time he scheduled an appointment with Johnson about representing him in a marriage dissolution case, Johnson’s staff failed to check for conflicts of interest, which would have revealed Johnson was already representing the prospective client’s wife. When the prospective client appeared for his appointment and staff learned who he was, they served him with his wife’s dissolution petition in the waiting room. A disciplinary hearing panel investigated the client complaints as well as Johnson’s trust account following an overdraft. The panel determined that Johnson had placed advance fee payments into his operating account instead of his trust account on several occasions and wrote checks from the operating account without regard as to whether they were from the appropriate client funds. The chief disciplinary counsel asks this Court to discipline Johnson’s law license.
The disciplinary counsel argues Johnson violated several rules of professional conduct and should be disciplined. Counsel contends, as to the first client, that Johnson violated Rule 4-1.7(a)(2), regarding conflicts, because having a sexual interest in his client could create a conflict of interest. Counsel asserts Johnson violated Rule 4-1.15(c) by commingling client funds with personal funds. Counsel argues Johnson violated Rules 4-1.1 and 4-1.3 by failing to represent his client competently and diligently by filing timely motions and communicating regarding the pending matter. Counsel claims Johnson violated Rules 4-5.3 and 4-8.4(a) by permitting his staff to use information from a prospective client against the prospective client. Counsel asserts that suspension is the appropriate sanction based on standards of the American Bar Association and because this Court previously has suspended attorneys who have engaged in misconduct similar to that present in this case.
Johnson responds he should not be disciplined for his conduct. He argues that he did not have a sexual interest in the first client and only showed her nude photographs as an example of what evidence can be presented in a marriage dissolution case. Johnson concedes he deposited advance fee payments into his operating account and commingled funds but denies that he misappropriated funds. He contends he provided clients with monthly statements identifying their balances. Johnson concedes that he failed to represent the second client diligently by not filing a response properly or by the due date. He asserts that he did not permit his staff to serve papers on a prospective client in his waiting room and that he did not have knowledge of their actions. Johnson argues an appropriate sanction would be admonishment or reprimand.
Monday, March 10, 2014
Friday, March 7, 2014
Attorney General sues Branson, St. Louis travel clubs for fraud
(From Attorney General Chris Koster)
Attorney General Chris Koster announced today he has sued two travel-club companies for deceiving consumers about the benefits of memberships.
In one suit, Koster sued Anytime Vacations in Taney County Circuit Court. Koster's suit alleges that Anytime Vacations promised consumers discounts on airfare, hotel accommodations, cruises, and other travel benefits for joining its travel club and paying fees of hundreds and even thousands of dollars. After joining, however, consumers found the "discounts" were nonexistent, and that they could get better deals going through standard, free services such as Travelocity and Orbitz.
Koster said his office received 50 complaints against Anytime Vacations, alleging that consumers paid fees to the companies totaling more than $140,000. In one case, a consumer paid $6,995 to join the club. Anytime Vacations refused to cancel the consumer's contract and refund his money after he discovered it cost more to book a flight through Anytime Vacations than through routine travel websites.
In the second suit, Koster also sued Red Rock Travel, LLC, doing business in Missouri as Endless Travel Vacations, and its owners, Jack Keefe and Sherri Wolff, in St. Louis County Circuit Court for the same type of fraudulent business practices.
Koster said his office received five complaints about Endless Travel Vacations, totaling $19,000 in fees paid.
Both lawsuits also allege that the companies violated Missouri law by failing to register with the state or provide proof of sufficient reserve funds to provide the services they promised. In addition, the travel-club companies told consumers they had just three days to cancel contracts, when consumers legally had three years to cancel because the clubs were unregistered.
"Some travel clubs use high-pressure tactics to make it difficult for consumers to say 'no', and then put up roadblocks for consumers to cancel," Koster said. "My office will pursue travel-club businesses that cheat Missouri consumers and violate our state's laws."
Koster is seeking restitution for consumers, as well as civil penalties and the costs of the investigation and prosecution.
Koster said that before signing a contract, consumers can check with his Consumer Protection Hotline at 800-392-8222 to determine whether there are complaints filed against the travel club, if the travel club is registered in Missouri, and if it has demonstrated the financial ability to provide the discounted benefits they are offering.
Wednesday, March 5, 2014
Monday, March 3, 2014
Neosho man pleads guilty to stealing $4.9 million from Joplin firm
(From the U. S. Attorney for the Western District of Missouri)
Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Neosho, Mo., man pleaded guilty in federal court today to stealing more than $4.9 million from his employer.
David VanWinkle, 60, of Neosho, waived his right to a grand jury and pleaded guilty before U.S. Magistrate Judge David P. Rush to wire fraud, money laundering and failure to pay taxes.
VanWinkle was the comptroller for Frontier Leasing Incorporated (FLI) in Joplin, Mo. By pleading guilty today, VanWinkle admitted that he stole $4,911,621 from FLI between June 2008 and December 2013, which he spent on personal expenses and gambling.
Based on a report from a financial institution, federal agents began investigating unusual deposits VanWinkle made into his business accounts for two businesses, VanWinkle Accounting and VanWinkle Farms.
VanWinkle, acting as the comptroller for FLI, received payments from FLI’s customers in the form of checks. VanWinkle deposited some of those checks into FLI’s legitimate business accounts, but deposited other checks into another checking account under the name of FLI that VanWinkle had opened at another bank. VanWinkle was the sole person on this secret account; no one else was aware that FLI had the account and VanWinkle was not authorized to open an account or deposit any of FLI’s customer payment checks into the account.
VanWinkle admitted that he withdrew money from the secret bank account to deposit into his business accounts. The embezzled money was then spent on VanWinkle’s personal and gambling expenses.
According to the indictment, VanWinkle failed to report the embezzled funds from FLI on his personal income tax returns he filed with the Internal Revenue Service for the years 2008, 2009 and 2010. VanWinkle did not file income tax returns for the years 2011 and 2012, the indictment says, and therefore did not report the embezzled funds during these years, either.
In addition, VanWinkle was responsible for collecting payroll taxes for FLI and paying over those payroll taxes to the IRS. VanWinkle withheld those taxes but failed to turn them over to the IRS. VanWinkle admitted that he collected, but failed to pay over, a total of $435,896 in federal tax, Social Security and FICA withheld from FLI employees’ paychecks.
Under the terms of today’s plea agreement, VanWinkle must forfeit to the government $4,911,621, a 2013 Holland tractor, a 2007 Hummer H3, a 2012 John Deere no-till seed drill, and $28,086 that was seized from various bank accounts.
Under federal statutes, VanWinkle is subject to a sentence of up to 30 years in federal prison without parole, plus a fine up to $750,000. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Patrick Carney. It was investigated by the FBI and IRS-Criminal Investigation.
Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Neosho, Mo., man pleaded guilty in federal court today to stealing more than $4.9 million from his employer.
David VanWinkle, 60, of Neosho, waived his right to a grand jury and pleaded guilty before U.S. Magistrate Judge David P. Rush to wire fraud, money laundering and failure to pay taxes.
VanWinkle was the comptroller for Frontier Leasing Incorporated (FLI) in Joplin, Mo. By pleading guilty today, VanWinkle admitted that he stole $4,911,621 from FLI between June 2008 and December 2013, which he spent on personal expenses and gambling.
Based on a report from a financial institution, federal agents began investigating unusual deposits VanWinkle made into his business accounts for two businesses, VanWinkle Accounting and VanWinkle Farms.
VanWinkle, acting as the comptroller for FLI, received payments from FLI’s customers in the form of checks. VanWinkle deposited some of those checks into FLI’s legitimate business accounts, but deposited other checks into another checking account under the name of FLI that VanWinkle had opened at another bank. VanWinkle was the sole person on this secret account; no one else was aware that FLI had the account and VanWinkle was not authorized to open an account or deposit any of FLI’s customer payment checks into the account.
VanWinkle admitted that he withdrew money from the secret bank account to deposit into his business accounts. The embezzled money was then spent on VanWinkle’s personal and gambling expenses.
According to the indictment, VanWinkle failed to report the embezzled funds from FLI on his personal income tax returns he filed with the Internal Revenue Service for the years 2008, 2009 and 2010. VanWinkle did not file income tax returns for the years 2011 and 2012, the indictment says, and therefore did not report the embezzled funds during these years, either.
In addition, VanWinkle was responsible for collecting payroll taxes for FLI and paying over those payroll taxes to the IRS. VanWinkle withheld those taxes but failed to turn them over to the IRS. VanWinkle admitted that he collected, but failed to pay over, a total of $435,896 in federal tax, Social Security and FICA withheld from FLI employees’ paychecks.
Under the terms of today’s plea agreement, VanWinkle must forfeit to the government $4,911,621, a 2013 Holland tractor, a 2007 Hummer H3, a 2012 John Deere no-till seed drill, and $28,086 that was seized from various bank accounts.
Under federal statutes, VanWinkle is subject to a sentence of up to 30 years in federal prison without parole, plus a fine up to $750,000. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Patrick Carney. It was investigated by the FBI and IRS-Criminal Investigation.
Cassville man faces child porn charges; authorities find homemade porn with infant
(From the U. S. Attorney for the Western District of Missouri)
Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Cassville, Mo., man was charged in federal court today with receiving and distributing child pornography over the Internet.
Matthew Casas, 25, of Cassville, was charged in a federal criminal complaint filed in the U.S. District Court in Springfield, Mo. Casas remains in federal custody.
According to an affidavit filed in support of today’s federal criminal complaint, a business in Monett, Mo., contacted the local police department when a customer who rented a smart TV notified them he discovered child pornography stored on the device’s memory. Law enforcement officers reviewed the images on the set, which were created by a digital camera and appeared to be homemade pictures of an adult male performing sexual acts on a female no older than 12 to 18 months. It did not appear the images had been obtained from the Internet.
In February 2014, officers received several cybertips from the National Center for Missing and Exploited Children that a person was posting images of child pornography to online social media accounts. All of the images depicted children, from infancy to 10 years old, engaged in sexual poses or involved in sexual acts with an adult or each other. Several of the images from the TV were identical, or depicted other sex acts between the infant and adult male, with the images posted online. There were many more images posted online, including numerous images know to be commercially available and actively traded among child pornography collectors and viewers.
Investigators learned that those images were posted from a computer at Casas’s residence. Officers executed a search warrant at the residence on Feb. 28, 2014.
Dickinson cautioned that the charge contained in this complaint is simply an accusation, and not evidence of guilt. Evidence supporting the charge must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Supervisory Assistant U.S. Attorney Michael S. Oliver. It was investigated by the Southwest Missouri Cyber Crimes Task Force, the Monett, Mo., Police Department, the Cassville, Mo., Police Department and the Barry County, Mo., Sheriff’s Department.
Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Cassville, Mo., man was charged in federal court today with receiving and distributing child pornography over the Internet.
Matthew Casas, 25, of Cassville, was charged in a federal criminal complaint filed in the U.S. District Court in Springfield, Mo. Casas remains in federal custody.
According to an affidavit filed in support of today’s federal criminal complaint, a business in Monett, Mo., contacted the local police department when a customer who rented a smart TV notified them he discovered child pornography stored on the device’s memory. Law enforcement officers reviewed the images on the set, which were created by a digital camera and appeared to be homemade pictures of an adult male performing sexual acts on a female no older than 12 to 18 months. It did not appear the images had been obtained from the Internet.
In February 2014, officers received several cybertips from the National Center for Missing and Exploited Children that a person was posting images of child pornography to online social media accounts. All of the images depicted children, from infancy to 10 years old, engaged in sexual poses or involved in sexual acts with an adult or each other. Several of the images from the TV were identical, or depicted other sex acts between the infant and adult male, with the images posted online. There were many more images posted online, including numerous images know to be commercially available and actively traded among child pornography collectors and viewers.
Investigators learned that those images were posted from a computer at Casas’s residence. Officers executed a search warrant at the residence on Feb. 28, 2014.
Dickinson cautioned that the charge contained in this complaint is simply an accusation, and not evidence of guilt. Evidence supporting the charge must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Supervisory Assistant U.S. Attorney Michael S. Oliver. It was investigated by the Southwest Missouri Cyber Crimes Task Force, the Monett, Mo., Police Department, the Cassville, Mo., Police Department and the Barry County, Mo., Sheriff’s Department.
Affordable Care Act meeting scheduled in Neosho
(From University of Missouri Extension)
University of Missouri Extension programs focus on the high-priority needs of Missourians. Each county extension center, with oversight by locally elected and appointed citizens, is your local link to practical education on almost anything. More information is available online at http://extension.missouri.edu.
Do you have questions about the Affordable Care Act? Are you wondering how the Affordable Care Act will affect you and your community? If so, make plans to attend an informational session about the new health care law that can help families, individuals and businesses understand their options and responsibilities.
University of Missouri Extension, in partnership with Freeman Health System and Mercy Hospital of Joplin, will host, “Affordable Care Act: What Individuals Need to Know.” The program will run from 6:30 p.m. to 8 p.m., March 11 in the Newton County University of Missouri Extension Center, Smith Hall, Crowder College campus, 601 Laclede, Neosho.
The session is free and open to the public. It is part of MU Extension’s Health Insurance Education Initiative.
“The Health Insurance Education Initiative will help Show-Me State citizens understand their health insurance options and learn how to get help in their own communities if they choose to enroll in Missouri’s health insurance marketplace,” said Brenda Procter, associate professor of consumer and family economics for MU Extension.
A new website, at http://extension.missouri.edu/insure, provides educational materials and links to information. There is a map of Missouri educators who can provide local workshops and a calendar where you can learn about upcoming events near you.
“The website is a one-stop source for factual, unbiased information about the changes in health insurance that are required by the new law,” Procter said.
“The Health Insurance Education Initiative will help Show-Me State citizens understand their health insurance options and learn how to get help in their own communities if they choose to enroll in Missouri’s health insurance marketplace,” said Brenda Procter, associate professor of consumer and family economics for MU Extension.
A new website, at http://extension.missouri.edu/insure, provides educational materials and links to information. There is a map of Missouri educators who can provide local workshops and a calendar where you can learn about upcoming events near you.
“The website is a one-stop source for factual, unbiased information about the changes in health insurance that are required by the new law,” Procter said.
MU Extension’s Health Insurance Education Initiative website will also provide resources for the state’s small businesses, including information about tax credits for offering insurance to employees and explanations of rules that might affect their bottom line, she said.
For more information, contact the Newton County Extension Center at (417) 455-9500.
University of Missouri Extension programs focus on the high-priority needs of Missourians. Each county extension center, with oversight by locally elected and appointed citizens, is your local link to practical education on almost anything. More information is available online at http://extension.missouri.edu.
Saturday, March 1, 2014
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