Sex, Cars And Scuba
From the November 2021 discipline summaries of the Florida State Bar
Mark E. A. Bakay, 2431 Aloma Ave., Suite 254, Winter Park, suspended for one year and probation for two years effective 30 days following a September 30 court order. (Admitted to practice: 2004) Bakay and his client went to a car dealership where the client bought a vehicle. Bakay gave the dealership a check from his law office business account to hold until the client was able to provide his personal check after the receipt of some anticipated settlement funds. When the client failed to provide the promised check, the dealership deposited Bakay’s check, which was returned due to insufficient funds. The dealership successfully sued Bakay, and the court found that he committed fraud. A compliance audit of Bakay’s attorney trust account found that he commingled funds by placing earned fees in his trust account. (Case No: SC21-779)
Marcos Antonio Gonzalez-Balboa, 15500 New Barn Rd., Suite 107, Miami Lakes, disciplinary revocation with leave to seek readmission after five years, effective 30 days following an October 14 court order. (Admitted to practice: 1979) Gonzalez-Balboa tendered a guilty plea to and was adjudicated guilty of vehicular homicide and related charges. (Case No: SC21-1275)
Craig S. Jenni, 7999 N. Federal Hwy., Suite 360, Boca Raton, suspended for 45 days and probation for two years, required to attend The Florida Bar’s Professionalism Workshop and complete Continuing Legal Education Courses effective 30 days following an October 14 court order. (Admitted to practice: 2001) Jenni was hired by an insurance company to investigate a fatal scuba diving accident. He met with the widow and did not make clear to her that he was an attorney at the time of the initial meeting. He also failed to advise her that his interest on behalf of the insurance company were potentially adverse to her interests or advise her to seek independent counsel. (Case No: SC21-1397)
According to the consent entered in the matter, the accident took place in Hawaii (see story linked here from Scuba Diving).
Respondent is “an expert in deep sea diving and diving accidents.”
Juan Carlos Mercado, Jr., 28 W. Flagler St. Suite 710, Miami, suspended for six months effective 30 days following an October 14 court order. (Admitted to practice: 2017) As an assistant state attorney, Mercado, Jr., engaged in a sexual relationship with a defendant who was pending prosecution by his office. Mercado, Jr., provided confidential information to the defendant and offered her advice and assistance regarding her case. (Case No: SC21-1404)
The documents related to the last matter are linked here.
The defendant was charged with domestic battery.
She and the attorney offered differing version of events. He denied that she knew his place of employment (while admitting he knew she was being prosecuted by his office); she claimed he offered her help in the case in exchange for sex.
He was accused of bribery but a special prosecutor found insufficient evidence to pursue the charge. (Mike Frisch)