Miami Lawyer Accused of Offering Witness $200K to Change Testimony in Case Involving Celebrities
The Florida Bar stated that there was "an open case" against Ariel Mitchell, an attorney accused of bribing a witness.
February 15, 2022 at 02:33 PM
4 minute read
A Fort Lauderdale attorney filed a motion in Miami-Dade Circuit Court on Tuesday in which he alleged opposing counsel engaged in witness tampering in litigation stemming from claims of sexual assault against a prominent musician.
Jeffrey A. Neiman, a partner at Marcus Neiman Rashbaum & Pineiro, represents defendant Tremaine Neverson, also known as Trey Songz. Additional defendants in the matter include Sean Combs, also known as P. Diddy, along with the venue in which the sexual assault allegedly occurred, E11even Nightclub.
Neiman claimed in the court filing that attorney Ariel Mitchell, a solo practitioner based in Miami and who represents the plaintiff, Jauhara Jeffries, told an independent witness to change her testimony to corroborate the plaintiff's version of events.
In exchange, Mitchell would allegedly pay the witness "between $100,000 and $200,000, depending on the case's ultimate settlement amount," according to the motion. Neiman claimed in the motion that the witness denied the offer and could corroborate the defendants' version of the events.
'Pathetic Attempt to Shift the Narrative'
But Mitchell said in an interview Tuesday that a previous attorney for the defendants filed a complaint against her with The Florida Bar that contained the same allegations.
The attorney said the bar dismissed the inquiry, and cleared her of wrongdoing in July 2021.
"It's hard to have a reaction when I know something is a lie," Mitchell claimed. "All this is really a pathetic attempt to shift the narrative from what Trey Songz has done, and it is something to just try and rattle me."
But Mitchell said she was unable to send the bar files because they are in her Miami home, and she is currently in Atlanta, Georgia, for work.
The bar stated in an email Tuesday that there is "an open case" against Mitchell. It said its staff is reviewing the complaint against the attorney, and will soon decide what happens next.
Counsel in Crosshairs
Mitchell filed the complaint in December 2021 and alleged that Combs held a New Year's Eve party at his Miami mansion. And around 4 a.m., Neverson gave the plaintiff and her friends a ride to the E11even Nightclub in Miami.
Jeffries said she was dancing on a couch in the nightclub when Neverson allegedly assaulted her, according to the complaint. She said she "felt fingers being inserted into her vagina, turned around and saw defendant Songz pulling his hand away from her bottom."
Mitchell seeks a recovery from the defendants on several counts, including civil assault, civil battery, and negligence, according to the complaint. However, the witness plans to testify that contrary to plaintiff's statements, Neverson did not assault Jeffries and that the witness was offered money to provide false testimony.
Read the motion:
Now, Neiman is asking Miami-Dade Circuit Judge Gina Beovides to dismiss the complaint, and pursue disciplinary action against Mitchell, including sanctions.
Neiman declined to comment.
In the motion, Neiman argued that the alleged attempt at inducing false testimony for use in a judicial proceeding is a grave violation of a lawyer's duties. In asking the judge to dismiss the case, he cited the Florida Supreme Court's ruling in Kozel v. Ostendorf in which the justices instructed lower courts to consider six factors in evaluating whether dismissal is an appropriate sanction for attorney misconduct.
These six factors include whether the attorney's disobedience was willful, deliberate or contumacious rather than an act of neglect or inexperience; whether the attorney has been previously sanctioned; whether the client was personally involved in the act of disobedience; whether the delay prejudiced the opposing party through undue expense, loss of evidence, or in some other fashion; whether the attorney offered reasonable justification for noncompliance; and whether the delay created significant problems of judicial administration.
Neiman stated, "In the face of a deliberate, willful scheme to induce fraudulent testimony, and considering the Kozel factors, dismissal is appropriate."
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'Tampering With a Corpse:' 6 Florida Attorneys Disciplined
Ex-Big Law Attorney Disbarred for Defrauding $1 Million of Client Money
4 minute readDisbarred Attorney Alleges ADA Violations in Lawsuit Against Miami-Dade Judges
3 minute readBenworth Accused of Predatory Tactics in Foreclosure Dispute as Elderly Defendant's Health Deteriorates
4 minute readTrending Stories
- 1Tuesday Newspaper
- 2Judicial Ethics Opinion 24-85
- 3Decision of the Day: Administrative Court Finds Prevailing Wage Law Applies to Workers Who Cleaned NYC Subways During Pandemic
- 4Trailblazing Broward Judge Retires; Legacy Includes Bush v. Gore
- 5Federal Judge Named in Lawsuit Over Underage Drinking Party at His California Home
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250