The Florida Bar v. Michael Christopher Grieco

CourtSupreme Court of Florida
DecidedJune 27, 2024
DocketSC2020-1118
StatusPublished

This text of The Florida Bar v. Michael Christopher Grieco (The Florida Bar v. Michael Christopher Grieco) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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The Florida Bar v. Michael Christopher Grieco, (Fla. 2024).

Opinion

Supreme Court of Florida ____________

No. SC2020-1118 ____________

THE FLORIDA BAR, Complainant,

vs.

MICHAEL CHRISTOPHER GRIECO, Respondent.

June 27, 2024

PER CURIAM.

We have for review a referee’s report recommending that

Respondent, Michael Christopher Grieco, be found guilty of

professional misconduct in violation of the Rules Regulating The

Florida Bar (Bar Rules), and recommending that he be suspended

from the practice of law for 90 days. 1 For the reasons discussed

below, we approve the referee’s findings of fact and

recommendations as to guilt, but we disapprove the referee’s

1. We have jurisdiction. See art. V, § 15, Fla. Const. recommendation as to discipline. We instead suspend Grieco from

the practice of law for one year.

BACKGROUND

In July 2020, the Bar filed a complaint against Grieco, alleging

that during a period of time spanning 2016 and 2017, while serving

as a city commissioner for Miami Beach and running as a candidate

for its mayor, Grieco engaged in conduct that violated Bar Rules

3-4.3 (Misconduct and Minor Misconduct) and 4-8.4(b)

(Misconduct; A lawyer shall not “commit a criminal act that reflects

adversely on the lawyer’s honesty, trustworthiness, or fitness as a

lawyer in other respects.”). The Bar further alleged that Grieco later

made statements that were violative of Bar Rule 4-8.4(c)

(Misconduct; A lawyer shall not “engage in conduct involving

dishonesty, fraud, deceit, or misrepresentation.”).

The allegations concerned Grieco’s behavior in connection with

an entity known as People for Better Leaders (PBL), a political

organization that facilitated contributions to Grieco’s mayoral

campaign. The alleged violations of Bar Rules 3-4.3 and 4-8.4(b)

arose from Grieco pleading no contest to accepting a campaign

contribution donated by an individual in the name of another -2- individual—a first-degree misdemeanor in violation of section

106.08(7)(a), Florida Statutes (2017). Adjudication was withheld

and Grieco was placed on misdemeanor probation. He agreed not

to seek elected office during the probationary period, and he

resigned from his position as city commissioner. His criminal

history was later expunged.

The asserted violations of Bar Rule 4-8.4(c) arose from

statements Grieco gave to the Miami Herald and to the operator of

an internet blog known as Political Cortadito. Grieco made

statements denying any involvement in the operation and control of

PBL. The Bar alleged that Grieco made multiple false or misleading

statements to the press, and by extension the public, in violation of

Bar Rule 4-8.4(c).

The disciplinary hearing commenced in August 2022. The Bar

called a single witness, Karl A. Ross, who testified about his

participation in a joint investigation conducted by the State

Attorney’s Office and the Miami-Dade Commission on Ethics &

Public Trust (MDCOE). Ross testified that administrative ethics

charges had been brought against Grieco based on allegations that

he gave inaccurate statements to the Miami Herald and Political -3- Cortadito. Ross testified about a formal MDCOE complaint brought

against Grieco that alleged violations of the Truth in Government

provision of the Citizens’ Bill of Rights in the Miami-Dade County

Charter. The Bar introduced several documents through Ross,

including court records, news articles, MDCOE reports, sworn

statements, hearing transcripts, filings from the Florida Division of

Elections, and letters from Grieco’s counsel.

Grieco called three witnesses to testify on the charged

misconduct: an expert on Florida campaign law; an expert in

Florida election law and Miami-Dade County political committees;

and a member of the Florida House of Representatives. Collectively,

these witnesses opined in part that the only persons responsible for

a political committee are that committee’s officers and bank

account signatories, and that because Grieco’s name did not appear

on PBL’s organizational or bank account documents, he had no

legal role in PBL and could not direct its operations.

Grieco also testified on his own behalf. He swore that his

position as city commissioner did not involve the practice of law,

and he insisted that he had never been an officer, director, owner,

or signatory of PBL. He testified that he did not believe that the -4- Truth in Government provision of the Miami-Dade County Charter

implicated his duties as a lawyer but that, either way, he did not

think any of his statements to the Miami Herald or Political

Cortadito violated the Truth in Government provision. Grieco also

testified that Political Cortadito has a poor reputation for

truthfulness and that it denigrates politicians who are unwilling to

pay for favorable treatment, and he claimed that the Miami Herald

attributed to him quotes he did not actually say. Notably, however,

the referee found that Grieco made no effort to correct any

misquoted or inaccurate statements published in either source.

Grieco called 17 witnesses to testify in mitigation. These

witnesses testified generally that Grieco engaged in good works and

community service, that he had a reputation for truth and honesty,

and that he was excellent as both a lawyer and an elected official.

Following the disciplinary hearing, the referee submitted a

Report of Referee. The referee found that the Bar clearly and

convincingly proved violations of Bar Rules 3-4.3, 4-8.4(b), and

4-8.4(c). The referee found that the evidence presented referenced

Grieco’s actions in political and campaign processes, including

public statements he made to the media about political -5- organizations, and that no misconduct caused harm to clients or

involved the practice of law. The referee recommends that we find

Grieco guilty of violating all three Bar Rules. As to the sanction, the

referee recommends that Grieco be suspended from the practice of

law for 90 days. Both Grieco and the Bar now seek review of the

referee’s report.

ANALYSIS

A. The Referee’s Findings of Fact and Recommendations as to Guilt.

Our review of a referee’s findings of fact is limited; if the

referee’s findings of fact are supported by competent, substantial

evidence in the record, we will not reweigh the evidence or

substitute our own judgment for that of the referee. Fla. Bar v.

Schwartz, 284 So. 3d 393, 396 (Fla. 2019); Fla. Bar v. Frederick,

756 So. 2d 79, 86 (Fla. 2000).

When we review a referee’s recommendations as to guilt, the

referee’s factual findings must be sufficient under the applicable

rules to support the recommendations. Fla. Bar v. Shoureas, 913

So. 2d 554, 557-58 (Fla. 2005). Ultimately, the party challenging a

referee’s findings of fact or conclusions as to guilt has the burden to

-6- demonstrate “that there is no evidence in the record to support

those findings or that the record evidence clearly contradicts the

conclusions.” Fla. Bar v. Germain, 957 So. 2d 613, 620 (Fla. 2007).

Here, the referee found that the Bar proved by clear and

convincing evidence that Grieco violated Bar Rules 3-4.3, 4-8.4(b),

and 4-8.4(c).

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