The Florida Bar v. Pedrero

538 So. 2d 842, 14 Fla. L. Weekly 70, 1989 Fla. LEXIS 94, 1989 WL 12353
CourtSupreme Court of Florida
DecidedFebruary 16, 1989
DocketNo. 71480
StatusPublished

This text of 538 So. 2d 842 (The Florida Bar v. Pedrero) 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.

Bluebook
The Florida Bar v. Pedrero, 538 So. 2d 842, 14 Fla. L. Weekly 70, 1989 Fla. LEXIS 94, 1989 WL 12353 (Fla. 1989).

Opinion

PER CURIAM.

The Florida Bar appeals from a referee’s report recommending a three-year suspension for Edward Pedrero. We have jurisdiction under article V, section 15, of the Florida Constitution and chapter 1 and rule 3-3.1 of the Rules Regulating The Florida Bar.

The referee made the following findings of fact:

In approximately August, 1983, Respondent met Daryl John Christian at DACCO [a drug rehabilitation center] in Tampa, Florida.

In approximately January, 1984, Mr. Christian left DACCO and contacted the Respondent. The Respondent provided Mr. Christian with the birth certificate of Nelson Lee Burchfield....

At Respondent’s direction, Mr. Christian assumed the identity of Nelson Lee Burchfield until Mr. Christian’s arrest by Federal authorities on March 19, 1986.

In approximately March, 1985, Respondent gave Mr. Christian the birth certificate of John Fernandez, a friend or acquaintance of Respondent. Mr. Christian used the identity of John Fernandez to acquire credit cards in that name. Respondent was aware of the fact that Mr. Christian intended to use the birth certificate of John Fernandez for the aforementioned purpose.

Sometime after March, 1985, Respondent gave Mr. Christian money with which to open bank accounts in the Tampa Bay area under the name of John Fernandez. One bank in which such an account was opened was the Landmark Bank, now C & S Bank, in St. Peters-burg. This information was confirmed by Special Agent Walter Tuller in his meeting with Roeco Ramirez from C & S [843]*843Bank. Mr. Christian then used the credit cards obtained in the name of John Fernandez to purchase merchandise and to receive cash advances. Mr. Christian shared these fraudulently obtained items with the Respondent. The Respondent admitted this conduct to Agent Tuller in April, 1986.

Mr. Christian also used the identity of John Fernandez to obtain a U.S. passport. In approximately May or June, 1985, Mr. Christian used the aforementioned passport to travel to Amsterdam at the direction of Respondent to purchase a quantity of diamonds and hashish.

On May 23, 1985, Respondent was admitted to the Florida Bar. In approximately May, 1985, Respondent gave Mr. Christian a Social Security card in the name of John Richmond Melton. Mr. Christian then acquired credit cards in the name of John Richmond Melton and used these cards to purchase merchandise and receive cash advances. Mr. Christian shared these ill-gotten gains with the Respondent.

In approximately August, 1985, Mr. Christian again traveled to Amsterdam to purchase drugs. While in Amsterdam, Mr. Christian met Peter Corby, an Australian. Mr. Corby sold Mr. Christian some heroin which was then smuggled back into the United States where Mr. Corby delivered five to ten grams of the heroin to Respondent.

In late July, 1985, Respondent began to represent David G. Pavlick on the charges of driving with a suspended license and driving under the influence of alcohol.

At the time of his arrest, David Pavlick was using the driver’s license of his twin brother, Douglas.

In August, 1985, David and Douglas Pavlick went to the Clearwater courthouse to be fingerprinted to clear up the confusion in their identities caused by David’s use of Douglas’ driver’s license. The Respondent used this opportunity to obtain the fingerprints of Douglas Pav-lick which he then used to obtain the identification of Douglas Pavlick. This identification was given to Mr. Christian by the Respondent for the purpose of Mr. Christian obtaining credit cards and bank accounts in the name of Douglas Pavlick.

The Respondent attempted to cover his tracks for the aforementioned transaction by filing a report with the Pinellas County Sheriff’s Department.... [In one of his exhibits], the Respondent is reported to have stated that sometime after David Pavlick’s trial date, Daryl Christian broke into his car and stole the Pavlick file. In his affidavit submitted to the referee and in his testimony, however, the Respondent stated that both Daryl Christian and Mr. Corby took the file from the trunk of his ear. In addition, Respondent told the referee that his trunk was unlocked and not that his car was broken into. The Respondent did not report this alleged theft until two months after Mr. Christian had implicated the Respondent to the Secret Service and over nine months after the alleged theft.

The Respondent admitted before the referee to using a fraudulently obtained credit card to purchase merchandise from a clothing store in Tampa, Florida. Agent Tuller testified that the card used by Respondent was in the name of John Melton. The Respondent also admitted to purchasing merchandise from one of the Iranian men whom he later claims to have been threatening him.

On February 24,1986, Respondent purchased $4,500 worth of Citicorp Travelers Cheques at the Freedom Savings office in Largo, Florida. While at the Freedom Savings, the Respondent refused to use the bank’s pen but rather used a pen with erasable ink which he had brought with him to the bank. In appears that the Respondent then erased his name from the travelers cheques and, in a shaky hand, wrote his name apparently to make it appear as if the cheques had been forged. The Respondent did this with $800 worth of the cheques. The remaining $3,700 was given to Mr. Christian for Mr. Christian to take to [844]*844Amsterdam to purchase narcotics. Mr. Christian used the name John Fernandez on the travelers cheques.

On February 25, 1986, Respondent cashed $800 worth of the travelers che-ques that he had kept in his own name.

On February 26, 1986, Respondent reported to the bank that the balance of the $4,500 in travelers cheques were missing. At the time Respondent made this false report, he knew that the travelers cheques were in the possession of Daryl Christian.

On February 27, 1986, Respondent called Citicorp and falsely reported the cheques as being missing. Subsequently, the Respondent received a full refund of $4,500 from Citicorp.

On April 10, 1986, after his meeting with the Secret Service agents and with the United States attorney’s office, Respondent made restitution to Citicorp for the $4,500.

The referee finds that the affidavit of Daryl John Christian is supported by the independent investigation conducted by the Special Agent Walter Tuller. In addition, the Respondent admitted to engaging in the conduct set forth in Mr. Christian’s affidavit when the Respondent met with the Secret Service on April 1, 1986.

Special Agent Tuller testified Respondent’s fingerprints and handwriting were found on several false credit card applications. The Respondent admitted to Agent Tuller that he filled out these applications.

In response, the Respondent has submitted an affidavit, in lieu of his testimony, with the referee’s permission, but the Bar was given full opportunity to cross-examine the Respondent within the scope of the matters set forth in the affidavit.

The affidavit provides credence to the findings made in the psychological examinations of Respondent that to him “fantasy and reality are often seen as the same,” ... [R]eport of Dr. Walter E. Afield....

I find the Respondent’s affidavit to be incredible in almost every relevant detail. Moreover, I am of the view, and so find, that it is replete with intentional falsehoods calculated to mislead, if not to deceive, the referee.

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Related

The Florida Bar v. Price
478 So. 2d 812 (Supreme Court of Florida, 1985)
Florida Bar v. Bryan
506 So. 2d 395 (Supreme Court of Florida, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
538 So. 2d 842, 14 Fla. L. Weekly 70, 1989 Fla. LEXIS 94, 1989 WL 12353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-florida-bar-v-pedrero-fla-1989.