Misrepresentation Of Facts In Court Documents & False Statement To The Court And Deceitfully Pursuing Frivolous Lawsuit

In true predacious and opportunistic manner, Mr. Randazza has filed yet another lawsuit on behalf of DCS Real Estate Investments, LLC. & The Club At Bella Collina, LLC., against Mr. Juravin in a forum where has no direct personal minimum contact. This complaint was filed with no basis in law or fact as required by the Florida bar rules. This is a direct violation of his probation with the Nevada State Bar.

This lawsuit is predicated on Mr. Randazza’s need to use his law license as a weapon to exact his vendetta against Mr. Juravin. It is purely meritless and baseless. In its complaint filed against Mr. Juravin in the Commonwealth of Massachusetts on July 16, 2020 Mr. Randazza alleges that Mr. Juravin had transacted business in the state of Massachusetts. A statement that is unequivocally false and contrary to the facts.

It is decision in The Florida Bar, Complainant, v. Geneva Carol Forrester, the Florida Bar filed a complaint against respondent Forrester alleging that she had knowingly made false statements in two pleadings submitted to a court. The Bar alleged that Forrester's statements violated rules 4-3.3(a) (a lawyer shall not knowingly make a false statement of material fact or law to a tribunal);  4-8.4(c) (a lawyer shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation);  and 4-8.4(d) (a lawyer shall not engage in conduct in connection with the practice of law that is prejudicial to the administration of justice, including to knowingly, or through callous indifference, disparage, humiliate, or discriminate against litigants, jurors, witnesses, court personnel, or other lawyers on any basis) of the Rules Regulating the Florida Bar. The supreme Court of Florida determined that Geneva Carol Forrester should be disbarred from the practice of law in the State of Florida for her repeated violations of Ethical rules including misrepresentation to the Court.

Mr. Randazza’s actions and false representation to the Commonwealth of Massachusetts are tantamount to Ms. Forrester’s statements to the court. Based on his past history with prior lawsuits against Mr. Juravin, he is well aware of the fact Mr. Juravin does not transact business in the state of Massachusetts. Nonetheless, he knowingly makes the statement under oath in complete disregard of this ethical obligations pursuant to rules 4-3.3(a), 4-8.4(c), 4-8.4(d).

Don Juravin files this Complaint against Marc Randazza based upon egregious misconduct under the ethical rules and personal persecution of Don Juravin under the guise of the law. His improper actions were not authorized or sanctioned by the law and are in direct violation of the Florida Bar Ethical Rules. “The commission by a lawyer of any act that is unlawful or contrary to honesty and justice, whether the act is committed in the course of the attorney's relations as an attorney or otherwise may constitute cause for discipline.” (Florida Bar Rule 3-4.3)

Applicable Florida Bar Rules

4–3.3(a) (“A lawyer shall not knowingly: (1) make a false statement of fact or law to a tribunal; (2) fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act by the client; (3) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or (4) permit any witness, including a criminal defendant, to offer testimony or other evidence that the lawyer knows to be false. A lawyer may not offer testimony that the lawyer knows to be false in the form of a narrative unless so ordered by the tribunal. If a lawyer has offered material evidence and thereafter comes to know of its falsity, the lawyer shall take reasonable remedial measures.”).

4 4–3.4(a) (a lawyer shall not unlawfully obstruct another party's access to evidence);

4–3.4(b) (a lawyer shall not fabricate evidence); 4–3.4(c) (a lawyer shall not knowingly disobey an obligation under the rules of a tribunal); 4–3.4(d) (a lawyer shall not make a frivolous discovery request or intentionally fail to comply with a legally proper discovery request);

4–8.4(c) (a lawyer shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation); and 4–8.4(d) (a lawyer shall not engage in conduct in connection with the practice of law that is prejudicial to the administration of justice).

4-4.4 (a) In representing a client, a lawyer may not use means that have no substantial purpose other than to embarrass, delay, or burden a third person or knowingly use methods of obtaining evidence that violate the legal rights of such a person.

Rule 4-8.4 (a-b) A Lawyer shall not: (a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another; (b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects.

Rule 4-8.4(d) A lawyer shall not. engage in conduct in connection with the practice of law that is prejudicial to the administration of justice, including to knowingly, or through callous indifference, disparage, humiliate, or discriminate against litigants, jurors, witnesses, court personnel, or other lawyers on any basis, including, but not limited to, on account of race, ethnicity, gender, religion, national origin, disability, marital status, sexual orientation, age, socioeconomic status, employment, or physical characteristic.

Rule 4-1.5 An attorney shall not enter into an agreement for, charge, or collect an illegal, prohibited, or clearly excessive fee or cost, or a fee generated by employment that was obtained through advertising or solicitation not in compliance with the Rules Regulating The Florida Bar. A fee or cost is clearly excessive when: (1) after a review of the facts, a lawyer of ordinary prudence would be left with a definite and firm conviction that the fee or the cost exceeds a reasonable fee or cost for services provided to such a degree as to constitute clear overreaching or an unconscionable demand by the attorney; or (2) the fee or cost is sought or secured by the attorney by means of intentional misrepresentation or fraud upon the client.

Rule 4-3.1(A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification, or reversal of existing law.