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Sunday, Nov. 1, 2009 | 2 a.m.
Sun Coverage
Beyond the Sun
Charles Radosevich is not a licensed lawyer, but he has been playing one in Clark County for years, authorities allege.
The law finally caught up to him last week, when the district attorney’s office filed felony theft charges against Radosevich for allegedly pocketing nearly $190,000 from people who say they were paying him to be their attorney.
Radosevich, 62, holds a law degree, but authorities say he was disbarred in Colorado in 1989 for improperly withdrawing client money for his personal use. Nebraska disbarred him in 1993.
He attracted the attention of the Nevada State Bar in 2000, when it got him to sign a court-approved agreement in which he promised not to handle divorces, bankruptcy petitions, immigration-related matters, personal injury cases or any other activity that could be viewed as practicing law.
But the limited sanctions apparently were not enough to stop him, authorities say.
“There’s something wrong with the system for this guy to be able to act as an attorney in our community for this period of time and nobody blows the whistle on him,” said Pete Dustin, the Metro Police detective who built the theft case against Radosevich.
Attorney Dan Marks, who represents one of the people who lost money, added, “It’s mind-boggling that he could get a way with that. It’s very disturbing.”
David Clark, deputy counsel for the State Bar, said that over the past nine years, his organization had occasionally received complaints about Radosevich.
Under Nevada law, it is a misdemeanor to practice law without a license, and Clark said he referred one complainant to Metro Police for prosecution in December 2007, but never heard from police.
Outside the bar’s reach
Most of the time, however, Radosevich managed to stay outside the reach of the bar by working in the offices of licensed attorneys, Clark said. Nevada, unlike some other states, requires no licensing of people who do paralegal work. When alleged misconduct occurs by people at a law office, the bar has authority to go after only the licensed lawyers in the firm, Clark said.
And that’s what his organization did.
The bar brought sanctions against two lawyers who associated with Radosevich. One, Manuel Montelongo, has lost his license to practice law in Nevada, and the other, Philip Singer, has accepted the same punishment but it hasn’t been finalized, Clark said.
“We didn’t find evidence of such brazen public harm until this year, and by that time, we were heavily involved in disciplinary proceedings with the two lawyers who had been associated with him,” Clark said.
Radosevich declined to comment.
Authorities say Radosevich printed business cards and stationery referring to himself as an “attorney at law” specializing in “wills, trusts, estates” and “corporations.”
On legal documents, Radosevich sometimes listed below his name phony state bar identification numbers or numbers the bar had assigned to licensed lawyers. One of the numbers belonged to a deputy attorney general.
And, according to a police affidavit and attorneys for some of his former clients, Radosevich allegedly circulated forged court documents to gain access to clients’ money.
The Sun has obtained one such document, “an order for distribution of trust property,” that indicates Radosevich is the lawyer in the case and bears an authentic-looking Nov. 8, 2005, District Court file stamp with the name of late County Clerk Shirley Parraguirre. The two-page order, which was never filed in court, also bears a forged signature of District Judge Elizabeth Gonzalez. At the time Gonzalez was not handling estate cases.
Eventually, Radosevich set himself up in an office in the upscale Hughes Center, a haven for big-name law firms. Shortly thereafter he even boldly passed himself off as a lawyer in dealings with members of the district attorney’s office.
Those dealings were on behalf of Michelle Geris and her husband, who had hired Radosevich to help them negotiate with the district attorney’s bad check unit the payment of a $128,000 gambling debt that the couple incurred at Green Valley Ranch Station Casino in November 2006. The casino had asked the bad check unit to prosecute Geris.
Radosevich negotiated with the district attorney to lower the tab to $118,000, and in December 2006 she wired $59,000 to Radosevich so he could turn it in as her first payment toward settling the case, she said.
By summer 2007, the 44-year-old Southern California real estate agent had made two $3,000 payments directly to the district attorney’s office. Then she sent Radosevich a check for $53,000 to give to the district attorney to, she thought, close out the case.
Geris thought her legal and financial obligations had been met, but on Aug. 29, more than two years later, she was arrested near her home in Glendale, Calif., on a warrant obtained by the bad check unit for failing to pay the entire gambling debt.
The bad check unit, it turned out, had no record of receiving the original $59,000 from Radosevich.
“It was the worst hell I’ve ever been through,” said Geris, who spent 17 days behind bars until she was extradited to Henderson and released by a justice of the peace on her own recognizance on Sept. 15. “It was a complete shock.”
Chief Deputy District Attorney Bernie Zadrowski, who runs the bad check unit, said he’s never seen a situation like this.
“She still has a responsibility to pay Green Valley Ranch Station. We have to continue to prosecute the case,” he said. “But in essence, we have two victims now” — the casino and Geris.
Zadrowski said his unit, which deals with hundreds of lawyers each week, had no reason to question Radosevich’s legal credentials. Radosevich had presented the unit with one of his cards identifying himself as a lawyer.
‘Slipped through the cracks’
District Attorney David Roger said Radosevich simply slipped through the cracks at his office.
David Roger
“We will be considering additional charges of practicing law without a license against him,” Roger said. “We need to protect the community and make sure that people who handle legal matters are licensed and qualified to practice law.”
Geris and Zadrowski aren’t the only people who say Radosevich fooled them.
According to the district attorney’s criminal complaint and the police affidavit filed by Dustin, Radosevich swindled Darlene Lonzaga and her brother, Jimmie Montgomery, out of $139,900 from the estate of their mother, Polly Montgomery, in 2005. At the time, Radosevich was working at the law office of Montelongo, his former brother-in-law who was disbarred in September. Court records show that Montelongo was also involved in the Montgomery estate case, but authorities have not accused Montelongo of theft.
Radosevich persuaded Lonzaga to give him two checks, one for $40,000 and the other for $90,900, under the guise that he would then give the money to Jimmie Montgomery as his share of their mother’s estate, Dustin wrote in his affidavit. But Radosevich never gave Lonzaga’s brother the money.
It wasn’t until nearly four years later, after both Lonzaga and Montgomery hired new lawyers to find out why Montgomery had not received his $139,900, that the siblings learned they may have been defrauded.
“We just stumbled onto this thing,” said Marks, who represents Montgomery. “We kept digging and uncovering more and more incredible information.”
Marks said the State Bar was well aware of Radosevich, but “I don’t think they knew the extent of the information we had.”
Clark said the bar didn’t learn of the most serious allegations against Radosevich until last summer when Lonzaga’s new lawyer filed a complaint against him. By this time, Radosevich was settled into his office in the Hughes Center.
Clark ended up referring Lonzaga to Metro Police, which quickly opened a criminal investigation.
In this case, the criminal investigation will have a far greater impact on Radosevich than anything the State Bar could do to him, Clark said.
“I can just get a civil injunction against people,” he explained. “I don’t have police powers.”
Still, in hindsight, Clark said, the bar probably could have moved more quickly against Radosevich and devoted more of its limited resources — it has only two bar counsels to investigate complaints — to the effort.
“There are always things you can do better,” Clark said.
But Clark also said Rado-
sevich didn’t make it easy for the State Bar to go after him.
“He talks a good game,” he said. “The guy’s not stupid.”
This woman is still being prosecuted by the DA?
The DA's office accepts business cards as a form of verification from unknown attorneys?
This case should be dropped due to their negligence.
What a nightmare! 17 days in jail because of the DA's incompetence?
Who can we trust anymore? If an attorney who is barred in two states can openly practice law in Nevada and our own law enforcement doesn't check it out??
"falling through the cracks" is akin to driving a bus up the DA's behind....
What is the maximum penalty Radosevich could get? Restitution and jail? Make it lots of jail!
lcdrmandingonamvet, Congrats you have done your homework. These scum are now the heros of the right wimg party. Anytime there is a Bush involved there is a felony in progress and it looks like the scumbag Boehner is their new poster child.
For years I have been screaming that David Roger and David Clark do nothing substantive to stop lawyers who steal money from their clients. David Clark should be replaced. He is the epitome of PHLEGMATIC... Let's review the inactivity of David Clark and David Roger when it comes to thieving lawyers...
Jeanne Winckler....stole from multiple clients. Then is only temporarily suspended by spineless David Clark, and goes and works at Brett Whipple, Esq., former University Regent, where she represents a client while suspended from the practice of law. WHy is Whipple not sanctioned?
Jeanne Winckler then represents a client on a criminal matter while supsended and is turned in by the city attorney in court, and what? No disregard of the law or the Bar will result in anything more from the wastrels at the State Bar than a temporary suspension....David "Dough-Boy" Clark should get off that large butt of his, and seek permanent disbarment against Jeanne Winckler.
Jeanne Winckler was either working with or assisting attorney Sharon Nelson, who must have, or should have known, that Jeanne Winckler was suspended by the State Bar of Nevada for stealing client money. In my opinion, Sharon Nelson must be sanctioned as well if she permitted Jeanne Winckler to practice law.
Next lawyer, Phil Singer....
David Clark says the Phil Singer matter is "not finalized." In my opinion, this means David Clark is waiting for this matter to "fly under the radar." Our lump of lard District Attorney David Roger does nothing either, when he should be prosectuing Phil Singer, who was, ironically, a former prosecutor.
If Joe Blow stole money from his or her clients he or she would be prosecuted for Theft and/or Embezzlement, at a minimum. But lawyers are protected by David Clark and David Roger. Slip through the cracks my A$$.
I will be closely monitoring David Clark's actions relative to Phil Singer, and Jeanne Winckler, and will dedicate a website to relentlessly exposing the inactions of David Clark and his malfeasance of duty, a duty to protect the public from thieving lawyers like Phil Singer.
If David Clark and David Roger will not save the public from these sticky-fingered lawyers, someone has to.
Next lawyer, Mitch Posin...
The law firm he had with his father, Murray Posin, wrongfully took almost $200,000 from client funds. Murray died, and Mitch blamed Murray. But, as a partner, Mitch was still responsible. In the Mitch Posin case, we see the leniency of Dough-Boy David Clark in full bloom...even the Nevada Supreme Court said David Clark's recommendation of a light sentence for Mitch Posin was ridiculous. Yet, Mitch was not permanently disbarred.
The Nevada Supreme Court still permitted him to represent a federal criminal defendant in a case that I believe Mitch Posin was appointed to even though he was suspended. Do you see the irony people? Mitch Posin's law firm improperly takes client monies, yet though he is suspended and required to pay restitution, he goes on with his defense, a defense that, if he was court appointed, was paid by US, the taxpayers...Get it? He gets taxpayer dollars to still practice law WHILE SUSPENDED, and conceivably is paying back the restitution of the money his law firm wrongly took from its clients, with Taxpayer dollars.
Will Ruth Ann over at the Federal Courthouse still call up Mitch Posin to see if he wants more appointments from the federal defense panel?
Will Franny Forsman see to it that Mitch Posin is permanently taken off the federal panel?
Next lawyer, Doug Crawford...
Admits to taking roughly $400,000 from his clients. District Attorney David Roger does not prosecute for this crime.
If a non-lawyer stole almost half a million dollars is there any reasonable doubt that they would be prosecuted?
Does Robert Rose still work in town? He is not a licensed attorney but has been in the offices of Deputy District Attorneys negotiating cases on behalf of the lawyers he works with....I usually see him hanging around with John Roger...
He has said he is licensed in Texas, but the only Robert Rose I could find in Texas was a disbarred attorney by that name. I am fairly certain that David Clark knows about complaints made against Robert Rose.
When the "you know what" hits the fan, David Clark will say he was sorta kinda aware of complaints against Robert Rose, but we only have two people here, we can only work on what? Actual complaints, maybe?
To paraphrase the biblical text....This too Shall Fall Through The Cracks.
"Foxes guarding the henhouse" is anyone surprised that the foxes keep gettin' in an' eatin' the hens?
When you have Lawyers overseeing Lawyers you only really have complicity.
Today it's one Lawyer and next year it may be another lawyer. That lawyer won't do anything to punish another lawyer 'cause next year it may be the other way around.
So ..... good luck with that.
The first thing to look for in any candidate for office is what group their loyalty belongs to.
None of this is suprising.
Las Vegas is corrupt to it's core.
i am one of the victims in this case and as of today 11/1/09 at 12:48 pm this criminal ( charles radosevich) has not been arrested!!
sounds like you all know the ropes of this town's legal system..
All this is going on and nothing done-
it's like, *yawn*
Scary place to live-let along go for vacation-
All lawyers are thieves! they even have license to steal!
"Roger said. "We need to protect the community and make sure that people who handle legal matters are licensed and qualified to practice law."
As this article shows, that statement is a complete joke. The Bar caught up with this guy in 2000 and got him to sign an agreement. He kept on doing what he does in spite of that and it took 9 years to come after him again??
JohnDeaux -- you earned my respect here. Remember the lesson of Erin Brokavich (if the movie is to be believed, anyway) -- never underestimate the power of one pissed-off citizen!
As so many posts here show, the Bar -- like the rest of the judiciary -- is incapable of reform or policing its own. It takes citizen anger in action to force change.
What's that old saying -- "a man with a briefcase can steal more than a man with a gun"? This proves it!
the legal system in clark county is a freaking joke.
just google the election campaign contributions to our local judges...
just look at how many law firms and lawyers have donated money to judges that end up presiding over cases these blood-suckers file.
if someone ever, EVER sues you...find out if their lawyer or anyone in their law firm gave money to the judge hearing the case.
Reading some of the posts here I have to ask, why isn't an outside prosecutor or the feds investigating the negligence of this department?
If our legal system has become this corrupt and personal who are sworn to uphold the law is allowed to claim ignorance or stupidity then our system is flawed and something has to be done to restore our judicial system.
Credentials aren't checked? Background checks aren't done ? Is there not a national registration where lawyers can be checked out much like doctors these days? Someone closed their eyes allowing this guy into Nevada to practice...its a simple phone call,thats all.The sad part...he's only one of many I'm sure
"Authorities say Radosevich printed business cards and stationery referring to himself as an "attorney at law" specializing in "wills, trusts, estates" and "corporations."
On legal documents, Radosevich sometimes listed below his name phony state bar identification numbers or numbers the bar had assigned to licensed lawyers."
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The guy was using essentially faked credentials. When was the last time you checked a business license or ran a bar number before conducting a business transaction? Or checked a doctors for his medical license before you let him treat you?
All the people listed above in the article are paid to protect the public from these kinds of frauds and the whole point is that they have failed to do so.
Are they being punished for their failure to do their job? No, 'cause these people "slipped through the cracks". Well, okay, I'm satisfied.
Can we get a refund?
How about taking these people's salaries and paying the victims of the "slipped through the cracks" thieves?
Not even so much as a healthy slap on the wrist for these thieves. You would think that being disbarred would preclude someone from even working in the industry. In anything even closely related.
No real punishment here. Don't expect any different results.
Nevada State Bar is worthless. I personally called the Nevada State Bar anonymously to report this crook, Charles Radosevich, years ago and nothing was ever done. I have known of Charles and his exwife, Esperanza Montelongo, for years of stealing money from people and nobody ever listened. I even called the Nevada Insurance Division because his exwife, that he still lives with, is just as big a criminal as he is. She now has an insurance company that he helped her open and they are stealing money from people there. I have been waiting for justice to take it course for years now. The law also needs to investigate his exwife. They are such big criminals they will probably both flee the country before justice comes to them. These crooks will and have stolen from anyone they can, they will even steal from their own children, that's how ruthless they are.
wantjustice -- it's come to you only get as much justice as you can afford. Not what their oaths or their own rules say, is it?
Everybody seems to have forgotten the only power they have is in their pens, so to speak, the very power we gave them. It's time we took it back.
KillerB, I know of many people who complained in person and in writing, and nothing was ever done. I just happen to know the crooks well enough to not get involved with them so not to be another victim, that's why I called anonymously.