Attorney facing the scales of justice. Photo :Shutterstock.com. Miami attorneys have filed a lawsuit that claims an elderly retiree lost more than $500,000 to Tallahassee lawyer Phillip Timothy Howard and his business partner, who ran a fraudulent investment scheme. Photo :Shutterstock.com.

The web of litigation entangling Tallahassee lawyer Phillip Timothy Howard just got stickier, as a former client has filed a racketeering lawsuit against him.

Miami attorneys Scott L. Silver of Silver Law and Aaron Cohn of Weinberg, Wheeler, Hudgins, Gunn & Dial represent elderly retiree Jasminka Ilich-Ernst, who alleges she lost her life savings over what she thought was an opportunity to invest in a Jacksonville real estate deal.

The plaintiff, a former professor at Florida State University, claims she gave Howard more $500,000 through a financial adviser he'd enlisted as part of an alleged fraudulent scheme that ran from October 2015 and March 2019.

Ilich-Ernst's lawsuit is connected to a complaint from the Securities and Exchange Commission, which alleges Howard was involved in an investment fraud scheme against former National Football League players, many of whom were suffering from cognitive impairment after concussions. The SEC accuses Howard of making serious misrepresentations about how money from a settlement program would be used.

Scott L. Silver, managing partner with Silver law Group. Courtesy photo. Scott L. Silver, managing partner with Silver Law Group. Courtesy photo.

Instead of Ilich-Ernst's money going toward the real estate deal, the suit claims Howard commingled it with the NFL retirement fund.

"We believe that Howard used Ms. Ernst's money to pay back some of the earlier complaining investors in the Ponzi-scheme fashion," Silver said. "As things went from bad to worse for him, it appears that he took money from mom-and-pop investors from the Tallahassee community, only to continue to buy himself out of bigger problems."

Howard's business partner Gail Milon allegedly recruited the unwitting plaintiff, whom she'd made investments for in the past. The complaint includes screenshots of text messages that purportedly show Milon stringing Ilich-Ernst along and explaining away delays in repayment.

Silver and Cohn have also brought a FINRA arbitration claim against Milon and say they've been contacted by other investors who also claim victimization by Howard.

Howard and Milon's attorney Mark Hunter of Hunter Taubman Fischer & Li in Coral Gables did not respond to a request for comment by deadline.

Howard is also under investigation by the Florida Bar in three discipline cases, and a defendant in several other legal actions. One complaint by Howard's former co-counsel J.B. Harris seeks sanctions against over fee agreements in a group of tobacco cases.

Silver and Cohn said it's becoming increasingly common to see Florida professionals trying to pitch clients on different investments, particularly real estate deals.

"We're getting more and more calls about lawyers and accountants," Silver said. "We're seeing more and more cases of professionals getting themselves in trouble when they're wearing multiple hats. Lawyers should not be acting as financial advisers to their clients."

Silver and Cohn are seeking treble damages, fees and costs for their client under the Racketeer Influenced and Corrupt Organizations Act.

Chief U.S. District Judge Mark E. Walker in the Northern District of Florida will oversee the litigation.

Read the complaint:

 

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