Is Kasler v. Seidlin a case of Justice v. Public Corruption?
Lou Ann Anderson
November 25, 2009
www.EstateofDenial.com

Could a Florida scandal that includes a $1 billion Ponzi scheme, high profile lawyers, the Republican Party of Florida, politicians at local, state and federal levels as well as a host of the Sunshine State’s “movers and shakers” derail an elderly woman’s quest for justice in her own brush with what sounds like estate theft as well as public corruption and systemic legal abuse? It’s a legitimate question as 83-year-old Barbara Kasler continues legal action against former Broward County Judge Larry Seidlin, a retired judge who gained national exposure during his handling of the Anna Nicole Smith body disposition hearings. In her civil lawsuit, Kasler claims Seidlin “exploited her for personal gain, and that he, his wife and in-laws feigned friendship to steal her money and jewelry and change her will for their benefit.”

A south Florida accountant along with three attorneys have now been added to Kasler’s lawsuit. Per the Sun Sentinel, “The suit said the accountant and attorneys assisted Seidlin in his attempts to buy Kasler’s property at a discount and change her will to benefit himself and his family.” Dorothy Colletto, a former girlfriend Kasler’s deceased son, was added after the suit’s initial filing. The latest defendants are accountant Stephen Fuller and attorneys Robert Judd, Bruce Lehr and Raymond Posgay. All are from Fort Lauderdale except Lehr whose practice is in Miami.

In mid-October, Gov. Charlie Crist petitioned the Florida Supreme Court to empanel a grand jury to investigate public corruption throughout the state with its focus starting in southern Florida counties including Broward County. At that same time, Barbara Kasler’s lawyers were facing issues that made their client appear as a target of public corruption or at the least, legal system abuse.

The past months brought Kasler and attorney Bill Scherer into court fighting a guardianship petition initiated by Robert P. Bissonnette, an attorney dismissed by Kasler earlier in the summer upon Scherer’s hiring. Bissonnette claimed wrongful discharge and the use of undue influence on the part of Kasler’s caretakers. It takes time and money to defend against such efforts, but both Bissonnette’s attempt to be appointed guardian of Barbara Kasler along with another attempt by an obscure individual from Kasler’s past were defeated. A new guardian being brought in to oversee Kasler’s care would have had great power - including the ability to control her multi-million dollar estate and the lawsuit against Seidlin.

As Crist was launching his public corruption crusade, Scherer also requested an emergency hearing regarding a motion to “enjoin Seidlin, his wife, his in-laws and their attorneys from lodging abuse complaints involving her (Kasler) after DCF and Fort Lauderdale police twice responded to tips that she was receiving inadequate medical and nutritional care.” The Daily Business Review reported:

Scherer said he believes the Seidlins are responsible for bringing police to Kasler’s door twice in October — first through an anonymous tip to DCF and then with a “scurrilous and improper rogue letter” sent to two probate judges who have a duty to report elderly abuse.

The letters alleging abuse and exploitation of Kasler by her caretakers were sent by Seidlin’s attorney, Russell S. Adler, a name partner at Rothstein Rosenfeldt Adler in Fort Lauderdale.

Copies of the letters were posted on the RRA web site, but are no longer available as the company went into receivership within days of the emergency hearing.  In a new twist, the receivership action is tied to Scott Rothstein, RRA’s president and co-founder, being investigated for alleged fraud in a Ponzi scheme involving up to $1 billion.  Rothstein is said to have  solicited “investors” with promises of high investment returns through financing structured settlement agreements that now appear based on bogus or non-existent legal settlements.  The “settlements” often involved labor or employment disputes or perhaps some alleged act of sexual criminality or impropriety that was desired to be “forgotten.”  Reports indicate that confidentiality was pitched as a major component of these settlements which conveniently justified Rothstein offering minimal information to investors as well as helped explain prospective clients’ inability to independently obtain corroborating information.

As with the Bernie Madoff scam, investigators are working to identify who and the extent to which others besides Rothstein were involved.  The process already is revealing an ethically-challenged culture that seems undeterred by real or perceived acts of public corruption and/or power abuse - practices which seemingly helped facilitate the alleged looting of Kasler’s estate and subsequent legal maneuverings.

Barbara Kasler’s case appears to be moving forward despite involved parties having significant connections to the Rothstein scandal.  Rothstein Rosenfeldt Adler operations have been suspended, but Russell Adler is said to have attended a recent hearing claiming to still represent Seidlin through a new solo practice.  The Miami Herald is reporting, however, that Adler along with three other RRA attorneys are under investigation by the Florida Bar.  Adler can continue practicing law through the investigation, but his long-term status is contingent at least in part upon the Bar’s findings. Adler, though only a name partner, could additionally face criminal liability so not surprisingly, he too has “lawyered up.”  Daily Business Review describes his attorney, Fred Haddad, as someone who “has been in court for everyone from Mafia figures to a member of the Irish Republican Army.”  Depending upon the timing, Adler could impact the Kasler case should he lose his law license or be criminally charged.

In addition to the Adler connection, newly-named defendant Bruce Lehr is representing RRA partner Stuart Rosenfeldt, another attorney under investigation, and expect Kasler attorney Bill Scherer to figure prominently as he has been hired by investors who claim to have lost $75 million.  And it will be of little surprise if Scherer’s roster of investors continues to grow.

How the plight of Scott Rothstein and RRA might impact the Kasler case is currently unknown, but due to his client’s deteriorating health, Scherer says that the case should go to trial on an expedited basis within the next six months.

Barbara Kasler’s case is a civil matter because public agencies twice cleared Seidlin of wrongdoing.  In late 2007, the Miami-Dade State Attorney’s Office declined to charge Seidlin with crimes regarding Kasler’s asset redistribution and instead referred the matter to the Judicial Qualifications Commission and Florida Bar citing the case “”could appear to raise ethical issues.”   A complaint was then lodged with the Elderly Abuse Hotline, but the Department of Children & Families declined action saying “it found no indications of exploitation or inadequate supervision.”

Some would say these “investigations” are further examples of Florida governmental corruption - a culture in which political officials protect their own.  As for Scherer’s attitude about Seidlin’s alleged exonerations, The Daily Business Review said “Scherer didn’t let the cleared investigations deter him, comparing Seidlin to O.J. Simpson, who was acquitted of murder charges but found liable in civil court to his slain ex-wife’s family.”

Barbara Kasler’s case should serve as a warning to anyone in America who values their property rights.  That Larry Seidlin and family ended up with significant Kasler assets is not in dispute.  The dispute surrounds the circumstances in which the assets were relinquished.  The Seidlin clan claims all was done voluntarily, the picture painted by the Kasler legal team depicts a more questionable scenario complete with undue influence and manipulation.  Worse than that is Kasler seemingly becoming a target for legal harassment upon daring to seek justice.

These are scary times here in the Land of the Gimme-Gimme and the Home of the I-Want-Mores.  With disability, incapacitation or death, assets can become “up for grabs.”  Estate planning documents can be contested or manipulated, sometimes under the direction or with encouragement from those most familiar with the legal system.  Scott Rothstein used confidentiality as a means by which to mask his questionable deeds.  The same tactic is often used by those who would seek to divert estate assets from intended beneficiaries/heirs.  It gives them cover and keeps the public unsuspecting.  Barbara Kasler’s case isn’t unique - it’s just one that you are hearing about.

As seen in the Kasler case, today’s legal establishment offers little protection, but forewarned is forearmed.

Lou Ann Anderson is an advocate working to create awareness regarding the Texas probate system and its surrounding culture.  She is the Online Producer at www.EstateofDenial.com and a Policy Advisor with Americans for Prosperity – Texas Foundation.  Lou Ann may be contacted at info@EstateofDenial.com.