IN THE CIRCUIT COURT OF THE 11th JUDICIAL CIRCUIT,
OF FLORIDA, a sovereign nation and
federally-recognized Indian Tribe,
Plaintiff,
v.
GUY LEWIS, ESQUIRE and
MICHAEL TEIN, ESQUIRE, Individually,
and LEWIS TEIN, PL, a law firm and
professional association
Defendants.
Case No.: 12-12816-CA-27
RIGINAL
FILED
APR 1 0 2012
HARVEY RUVIN
CLERK
MICCOSUKEE TRIBE OF INDIANS OF FLORIDA'S
COMES NOW the Plaintiff, MICCOSUKEE TRIBE OF INDIANS OF
FLORIDA (hereinafter, "the Miccosukee Tribe"), by and through its
undersigned counsel and pursuant to Florida Rule of Civil Procedures of
1.350, requests the Defendant, GUY LEWIS, ESQUIRE (hereinafter,
"ATTORNEY LEWIS"), to produce the following items at the undersigned
counsel's office within thirty (30) days from the date of service of this Request
to Produce.
1.
All records correspondence, letters of resignation, notes, files,
administrative decisions and memoranda showing your termination of
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employment with the Executive Office for United States Attorneys and the
United States Department of Justice due to fraud, travel malfeasance and/or
any other improper conduct while you were employed by the United States
Department of Justice.
2.
All correspondence, letters, notes, memoranda, records, motions,
pleadings and legal research justifying the work alleged by you and the
attorney hours and amounts that you charged the Miccosukee Tribe for
alleged legal work for the periods described below:
Your Bill No.
Month
Hours Billed
Amount Billed
1097
Apr-06
13.00 hrs
7,150.00
1109
Apr-06
23.70 hrs
14,338.50
1360
May-06
21.00 hrs
12,705.00
1351
May-06
39.00 hrs
21,450.00
1557
Jun-06
20.15 hrs
12,190.75
1548
Jun-06
68.40 hrs
37,620.00
1624
Jun-06
68.40 hrs
37,620.00
1756
Jul-06
19.90 hrs
12,039.50
1747
Jul-06
32.20 hrs
17,710.00
1971
Aug-06
30.90 hrs
18,694.50
1962
Aug-12
24.00 hrs
13,200.00
2192
Sep-06
27.70 hrs
15,235.00
2183
Sep-06
66.50 hrs
40,232.50
2174
Sep-06
10.20 brs
5,610.00
2398
Oct-06
39.50 hrs
23,897.50
2407
Oct-06
22.70 hrs
12,485.00
2593
Nov-06
33.20 hrs
20,086.00
2774
Jan-07
86.90 hrs
52,574.50
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3.
Copies of your United States Passport, or any other Passport or
Travel Document showing all entries and exits to and from the United States
for the period beginning on January 1, 2006, through and including January
1, 2010.
4.
All
papers,
documents,
receipts,
airplane
tickets
and
reimbursements for any and all travels to the country of Panama for the
period beginning on January 1, 2006, through and including January 1, 2010.
5.
All papers, receipts, airplane tickets, signing sheets, manifest
logs, reservations, reimbursements and/or applications for any and all private
flights on Revolution Air or any other airline providing private flight services
to Revolution Air for the period beginning on January 1, 2006, through and
including January 1, 2010.
6.
All
papers,
documents,
receipts,
airplane
tickets
and
reimbursements for any and all travels to the country of Italy for the period
beginning on January 1, 2006, through and including January 1, 2010.
7.
All
papers,
documents,
receipts,
airplane
tickets
and
reimbursements for any and all travels to the country of Luxemburg for the
period beginning on January 1, 2006, through and including January 1, 2010.
8.
All charges for meals, travels, accommodations, parking and/or
any other expenses submitted for reimbursement to the Miccosukee Tribe for
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the period beginning on January 1, 2006, through and including January 1,
2010.
9.
All Contracts, Agreements for Representation, Engagement
Agreements, and Retainer Agreements between you and your law firm and
the Miccosukee Tribe for the years 2005 through and including January 1,
2010, during which time you represented the Miccosukee Tribe as an
attorney.
10.
All Notices of Conflict of Interest, Conflict of Interest Waivers
and Disclosures of Conflicts of Interest from you and your law firm to the
Miccosukee Tribe for the years 2005 through and including January 1, 2010,
during which time you represented the Miccosukee Tribe as an attorney.
11.
All Contracts, Agreements for Representation, Engagement
Agreements and Retainer Agreements between you and your law firm with
any individual member of the Miccosukee Tribe for the period of January 1,
2005 through and until the date of this Request to Produce.
12.
Copies of all payments (front and back) of checks, money orders
and receipts for payments received from any individual member of the
Miccosukee Tribe for legal fees paid to you and your law firm for the period
beginning on January 1, 2005, through and until the date of this Request to
Produce.
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13.
Copies of all payments (front and back) of checks, money orders
and receipts for payments received from the individual reflected on your
invoices under your File Numbers 108.09, 108.10, 108.11 and 108.12 for legal
services, which were paid to you and your law firm for the period beginning
on January 1, 2005, through and until the date of this Request to Produce.
14.
All charges for attorney's fees and expenses that you and your
law firm billed to the Miccosukee Tribe reflected on your invoices under your
File Numbers 108.09, 108.10, 108.11 and 108.12 for the period beginning on
January 1, 2006, through and until the date of this Request to Produce.
15. Any Contracts, Agreements for Representation, Engagement
Agreements and Retainer Agreements with the individual member of the
Miccosukee Tribe that you represented and which is reflected on your
invoices under your File Numbers 108.09, 108.10, 108.11 and 108.12 for the
years January 1, 2006 through and until the date of this Request to Produce.
16. All Notices of Conflict of Interest, Conflict of Interest Waivers
and Disclosures of Conflicts of Interest with the individual member of the
Miccosukee Tribe that you represented and which is reflected on your
invoices under your File Numbers 108.09, 108.10, 108.11 and 108.12 for the
years January 1, 2006 through and until the date of this Request to Produce.
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17. All
papers,
documents,
receipts,
airplane
tickets
and
reimbursements for any and all travels to Las Vegas, Nevada for the period
beginning on January 1, 2006, through and including January 1, 2010.
18. All receipts for any and all withdrawals of funds from ATM
machines in Las Vegas, Nevada for the years 2006, 2007, 2008 and 2009 by
you or anyone on your behalf or by your law firm or anyone on behalf of your
law firm.
19. All credit card charges to any and all American Express credit
cards in Las Vegas, Nevada for the years 2006, 2007, 2008 and 2009 incurred
by you or your law firm.
20. All correspondence, letters, notes, memoranda, records, motions,
pleadings and legal research justifying the 2,200.35 hours of attorney work
alleged by you and your law firm in tax matters on behalf of the Miccosukee
Tribe and for which you charged the Miccosukee Tribe the amount of
$1,174,865.00 as an attorney for the Miccosukee Tribe. Please refer to the
letter dated January 4, 2012 attached herein.
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I HEREBY CERTIFY that a true and correct copy of the foregoing has
been hand-delivered to the Miami-Dade County Courthouse, Attn: Clerk of
Courts, located at 73 West Flagler Street, Miami, Florida 33130 and sent by
regular mail to Guy Lewis, Esquire, located at Lewis Tein P.L., 3059 Grand
Avenue, Suite 340, Coconut Grove, Florida 33133, this 10th day of April, 2012.
BERNARDO RO
, ESQUIRE
E-mail:
[email protected]
Tribal Attorney,
Miccosukee Tribe of Indians of Florida
P.O. Box 440021, Tamiami Station
Miami, Florida 33144
Telephone: (305) 894-5214
Facsimile: (305) 894-5212
Attorney for Miccosukee Tribe of Indians
of Merida
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January 4, 2012
Miccosukee Tribe of Indians
of Florida
Business Council Members
Colley Billie, Chairman
Jasper Nelson, Ass't. Chairman
Andrew Bert Sr.. Secretary
Jerry L. Cypress, Treasurer
William M. Osceola, Lawmaker
Sent via email (lewisOJewistein.com)
and Certified MailReturn Receipt Reauested
Guy A. Lewis, Esquire
Lewis Tein, PL
3059 Grand Avenue, Suite 340
Coconut Grove, Florida 33133
RE:
Miccosukee Tribe vs. Internal Revenue Service
Dear Mr. Lewis:
A review of the invoices and legal work described therein that you submitted to the
Miccosukee Tribe for legal work allegedly performed by your law firm during the years 2005
through and including 2010 for Internal Revenue Service ("IRS") matters shows a total of
2,200.36 hours of attorneys' work on this issue alone. These invoices also show that your
law firm was paid $1,174,865.00 for legal work exclusively involving IRS matters that are
relevant to the current litigation between the Miccosukee Tribe and its members and the
IRS.
Despite several requests dating back to 2010, your law firm has repeatedly refused, without
a valid legal reason, to provide any information, case files, or records to the Miccosukee
Tribe for work which the Miccosukee Tribe has already paid. This letter shall serve as a
final request to return to the Miccosukee Legal Department, within ten (10) business days
from the date of this letter, all records, case files, and documents related to your law firm's
work in IRS matters for the Miccosukee Tribe and its members for the period of 2005
through and including 2010, and for which your law firm received $1,174,865.00 in
payments from the Miccosukee Tribe.
Your prompt attention to this matter is required.
Sincerely,
Bernardo Roman
Tribal Attorney,dvliccosukee Tribe
cc:
Miccosukee Business Council
P.O. Box 440021, Tamitu-ni Station, Miami, Florida 33144, (305) 223-8380, fax (305) 223-1011
Constitution Approved by the Secretary of the Interior, January 11, 1962
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