(7) FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.–
(a) If the court learns of discrepancies between the application or motion and the actual financial status of the person found to be indigent or indigent for costs, the court shall determine whether the public defender, office of criminal conflict and civil regional counsel, or private attorney shall continue representation or whether the authorization for any other due process services previously authorized shall be revoked. The person may be heard regarding the information learned by the court. If the court, based on the information, determines that the person is not indigent or indigent for costs, the court shall order the public defender, office of criminal conflict and civil regional counsel, or private attorney to discontinue representation and revoke the provision of any other authorized due process services.
(b) If the court has reason to believe that any applicant, through fraud or misrepresentation, was improperly determined to be indigent or indigent for costs, the matter shall be referred to the state attorney. Twenty-five percent of any amount recovered by the state attorney as reasonable value of the services rendered, including fees, charges, and costs paid by the state on the person’s behalf, shall be remitted to the Department of Revenue for deposit into the Grants and Donations Trust Fund within the Justice Administrative Commission. Seventy-five percent of any amount recovered shall be remitted to the Department of Revenue for deposit into the General Revenue Fund.
(c) A person [even an attorney] who knowingly provides [files] false information to the clerk or the court in seeking a determination of indigent status under this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Criminal Lawyer Richard Hornsby's thoughts on legal related issues, current events, and popular culture.
I was amazed with how ill-prepared Baez was for today’s hearing. He has now been given 15 days by Judge Strickland to come up with a detailed, itemized list of all funds that were managed by him (credits and debits), something he should have known to do prior to this hearing. And the circus continues . . .
Richard
What do you make of Jose’s testimony that he was retained on JUNE 17th? Did I mishear this, did he mean to say JULY 17th? If he was retained on JUNE 17th in my opinion this is huge. Remember that post you wrote a while ago about when Jose was retained, looks like you were not far off the mark.
Stocirpa, I believe the 15 days is to go over the Sealed motion that was released from the prosecution yesterday or the day before. Maybe I’m wrong.
But your right at how unprepared Baez and Co. were today. I know here if you go into a lawyers office they have a machine that counts off the minutes that you are with the lawyer. I thought all lawyers had to keep records of this. Maybe that is only hear. Richard could you update us on this, please.
Just a ? or 2. I’m curious why the topic of paying taxes on the $275,000.00 was not brought up. Surly the law abiding tax paying citizens of this state want to know if ABC issued 1099′s and to whom they went to and, of course, the $$$ was indeed declared and proper taxes were paid to the feds. Can that be asked and more importantly can that be followed up by proof?
I find it odd that Mr. Mason’s co-representation of Nelson Serrano and the outcome of it is not mentioned (it did not end well for his client). How is he escaping that?
Something else I had to say but I done forgot it now. Shoot, hate when that happens!
OH I know it was a comment, this aint no parade, it’s a dang freak show!
Mr. Hornsby, it is so good to be able to read your views once again. I like you open straight up all out honest opinions on issues concerning this case. As Dars mentioned, your post about when Baez became council for Casey, was most interesting and left me wondering about a possibility. Dang, do you have an email address? I sure would like to ask one question confidentially.
As always, Thank You for your time and effort in keeping us informed.
@Angie It doesn’t make for “breaking” news that a high profile attorney – who lost his most recent death penalty case – joined the Casey Anthony defense team.
@Dars I think it was a misstatement – probably because he was subliminally thinking about my blog.
@Angie again. Since there is no income tax in Florida, the taxes are a federal issue, not a state issue. So while it sounds good that the money was not reported or not paid, it is unenforceable by any the State Attorney or JAC.
@Marcia Thanks
Hey Richard, thanks for the response. Would love to hear your views on the whole hearing – any chance you will blog on it?
Well, I reread your article on when Baez was retained and I still think you were on to something.
Everyone should read it again for a reminder.
Richard, I am so glad you have given your opinion as I was fuming while watching this on IN SESSION. The thing that irks me is that KC was indigent when Baez first represented her. He must have been “scheming immediately, as I hardly believe that his law firm & his 3 years legal experience, could remotely finance KC’s case even if she were never charged with the Death Penalty.
Boy! If he hadn’t schemed to sell those memories of Caylee’s, KC would have been indigent over a year ago. It also IRKS me that Baez basically was paid “while he learned on the job” as he still has difficulty filing motions correctly! In the $275,000.00, that doesn’t include the “Defense Fund” A Lyon’s mentioned that she has taken 50,000.00 from. So Richard, does every Attorney now pay for what they do when a client has no money?
@Artnut The financial disclosure is not about Casey Anthony, it is about Jose Baez.
If someone like Baez is not held accountable and is allowed to hide behind a notorious client and reap the financial rewards without being personally held accountable, then other shady attorneys will follow suit and take on every case that remotely smells like it could be lucrative and high profile.
Thank you for replying to my ?’s.
I understand the meaning behind the “Breaking” news part I just didn’t understand the “has been successful in defending 50 first-degree murder cases” but left out is the “outta how many”.
I may be wrong here but… if a resident in this state went to apply for unemployment, food stamps, medicaid, etc… don’t they have to show prior tax filings for the past X amount of years in order to be approved?
Again, thank you for replying.
Yes, they do have to supply that information – but they don’t have a constitutional right to unemployment, food stamps, medicaid, etc…
On the other hand, you have a constitutional right to “the assistance of counsel” and “due process” of law when accused of a crime. So the threshold for obtaining your constitutional – versus statutory – rights are much lower.
RICHARD!!! I have missed your blogs. Loved you on the talk radio. I bow to you. Starting to like you all over again. Excellent!!!!
Richard..
DENNY CRANE ALERT!!!..Cheny Mason is such a Denny CRANE-wannabe ( he looks like an old drunk too)!..By contrast you are much more handsome than James Spader….And, while I am casting — Joe Pesci will play BOZO BAEZ…
Anyway, I am soooo delighted that you are B-A-A-A-C-K!! (So, we can call off the St.Bernards search looking for you buried in a snowbank?..)…
I think Shannon Stoy/ BLINK began to believe that she drove you underground after your expose..
Pretty please keep writing….
sincerely, violette
Mr. Hornsby,
Forgot to thank you for your articles and blog.
From my understanding, JB is the only lawyer charging for fees right? So, does he have to break down as how much he charged for his fees?? Sometimes it is very confusing.
Thank you very much!!!
How or why did Mason show up so unprepared for this hearing?
How did he think he could get away with saying the past was no ones business? He showed up a little to cocky and arrogant in my opinion.
It appears that the defense hasn’t done 150,000.00 worth of work.
Casey has a right to her defense, but if the judge finds anything that appears out of order or out of the ordinary, will he put stricter requirements on the reimbursement and/or experts they use?
Looking forward to more of your dry sense of humor, and edgy quips.
Glad this blog is back–was missed.Really like you straight forward approach. Question Mr. Hornsby. How come Mr.Baez has to give Judge Strickland/JAC his accounting of money spent{which I certainly agree with } but Andrea Lyon does not?Something is fishy about her testemoney… Baez gets $200,000 from ABC. Out of that he is paid 89,000,Lyon 22,500. Lyon uses approx. 70,000 of her Clinic for poor defendents funds, but says to the state when they ask her what she used it for? that they can deduct that 22,500 from it. Which is it ??? Did she get 22,500 from the clinc or from Caseys money?? Wish somebody could explain this to me.
BTW: I am referring to Statement Analysis with Baez.
It teaches that if someone avoids answering a question then the question is highly sensitive.
Q. Did you use cocaine and marijuana?
A. Well, many years ago, in college, everyone in those days experimented. One night in a dorm, everbody passed around a joint. I know it was wrong but I was curious and tried it
Now most of us can empathize with this answer as he wants us to feel his remorse and ownership of drug use. Problem? He skillfully avoided the cocaine question(compound questions allow a subject to answer the one he wants to).
With a non answer, we have our answer.
Q. Did you have an inappropriate relationship with Casey? (Gilfoyle on the Fox News Geraldo at Large show)
A. “I’m not going to dignify that”. Jose Baez
He was with Casey 6 hours a day when Kimberly Gilfoyle asked him this question. Shortly after, he no longer was seen wearing his wedding ring.
Sleaze.