Sun Sentinel Palm Beach Edition
Man accused of being fake lawyer brought before jury
A Pompano Beach man accused of pretending to be a lawyer was brought before a real jury in a Broward courtroom Tuesday, charged with duping homeowners and renters into thinking he could assist them in foreclosure, eviction and other real estate actions.
Prosecutors say Kenneth Frank, 56, filed and drafted legal papers that should only be filed by attorneys who are members of the Florida Bar. In one case, he used his assumed status to file unsubstantiated liens, one for $1 million, against the buyer of a foreclosed property on behalf of his client, prosecutor Jessalynn Rubio told the jury.
Frank is charged with 20 counts of organized fraud, practicing law without a license, filing false legal documents and related crimes. Most of the charges are felonies punishable by a maximum of five years in prison. At least one is punishable by a maximum of 15.
According to paperwork filed by prosecutors, Frank charged one family $4,375 to represent them “as an attorney” in an eviction case in 2013.
In another case, he was said to have negotiated a commercial lease with a tenant, who believed Frank was a lawyer, without notifying the landlord, who was baffled when the tenant tried to move in. The tenant’s deposit check for $2,500 was deposited to Oceanside Lauderdale, a business owned by Frank.
In all, Frank pocketed somewhere between $20,000 and $50,000 from clients for whom he provided legal services, usually under the guise that he was an attorney, prosecutors said.
Gary Saunders, the client in the case involving the unsubstantiated liens, said Frank never claimed to be an attorney but had him sign numerous legal documents. Saunders also accused Frank of forging his signature on some of the documents.
He said he paid Frank by bartering his services as a mechanic and construction worker.
Defense lawyer David Wheeler elicited testimony from Saunders indicating the liens, designed to delay and possibly reverse the sale of Saunders’ Deerfield Beach home, were not Frank’s idea.
Wheeler told the jury in opening statements that Frank never claimed to be a lawyer, that he had an attorney assist him in reviewing documents, and that he only collected money he was legally owed.
Jurors were told to expect the trial to last a week.
With limited exceptions, attorneys who work in Florida state courts must be licensed by the Florida Bar, which assigns each lawyer an identification number. The Bar’s website, FloridaBar.org, contains a “Find a Lawyer” feature that lists all licensed attorneys in the state.