Saturday, February 6, 2021

Florida Sanctions

From the monthly discipline summaries of the Florida State Bar

Andrew Spark, 13201 Roosevelt Ave., PMB 818085, Flushing, N.Y., disbarred retroactive to July 15, 2019, when he was suspended because of a felony conviction, following a. Jan. 21 court order. (Admitted to practice: 1991) Spark abused his privilege to practice law and used his law license to engage in deception with the intent to access private rooms provided to attorneys in two separate jail facilities for the purpose of soliciting prostitution. Spark video recorded these encounters with the goal of creating an adult pornographic film for his own prurient and/or financial interest. He pleaded guilty to three separate charges and was sentenced in each case to probation. (Case No: SC19-1163)

Beth Ann Maliszewski, P.O. Box 2425, Fort Myers, disbarred, effective immediately because of the current suspension. (Admitted to practice: 2001) Maliszewski is a party in a paternity action involving visitation and paternity rights over her child. After becoming aware of a potential paternity action, Maliszewski filed an injunction against the child’s prospective father and had him arrested, resulting in him receiving a no contact order with the child. On the day the paternity action was filed, Maliszewski, via counsel, voluntarily dismissed the Petition for Injunction. Maliszewski avoided service in the paternity action, refusing to appear in court. She stopped working, turned off her phone and disappeared with the child. In a second matter, Maliszewski was appointed and paid $1,000 for a Guardian ad Litem family law matter and failed to fulfill her duties. She did not respond to The Florida Bar or participate in the disciplinary proceeding. (Case No: SC20-813)

Frank T. Blainey, 455 Alt. 19 S., G107, Palm Harbor, suspended for 91 days and probation for three-years effective 30 days following a Dec. 28, 2020, court order. (Admitted to practice: 2006) In 2016, Blainey was drinking socially with a client, resulting in a physical altercation. On July 20, 2018, Blainey was convicted of misdemeanor battery. In addition to being intoxicated at the time of the incident, Blainey has a history of DUIs and issues with alcohol. After his arrest, Blainey failed to provide The Bar with updates regarding his criminal case. (Case No: SC19-372)

Tampa Bay Times reported on the Sparks case

Shauna Boselli and her husband Richmond McDonald made adult films starring Boselli. But videos they made featuring a 7-year-old led them to the Pinellas County Jail in November 2017 while awaiting their federal court sentencings.

On Nov. 25, 2017, two days before Boselli would get 40 years in federal prison and McDonald would get life, Spark visited Boselli. He knew them from meeting the couple at an earlier porn convention. Between then and the prison visit, Spark wanted to shoot some porn with Boselli, but, Gualtieri said, they couldn’t agree on a price.

To speak with her on his Nov. 25, 2017, visit to the jail, however, Spark flashed his Florida Bar identification, acted as if he was Boselli’s attorney and was allowed to meet with her.

“He really duped the system because he shouldn’t have access to her,” Gualtieri said. “He wasn’t her lawyer; he wasn’t representing her. But as an attorney, he’s given the courtesy of going into the jail to meet with clients.”

Spark told Boselli he was making a series of porn videos of female inmates giving him oral sex. In return, he’d put money in their jail commissary account. He also bragged he’d done similar videos with another inmate named “Rose.”

Boselli told family members who told law enforcement. Investigators found Antoinette Rose Napolitano, for whom Spark had done pro bono work before her arrest on drug charges. Gualtieri said Spark also had been a sex customer of Napolitano after meeting her through backpage.com.

Investigators found that Spark had visited Napolitano on Oct. 12, 2017, the referee’s report said, also “under the guise of official attorney business and entered a secure, unmonitored, attorney/client visitation room with the inmate.”

Spark used his tablet to record Napolitano giving him oral sex. Cops convinced Napolitano to be an undercover agent for them.

When Spark returned on Dec. 17, 2017, to see Napolitano, he again used his Florida Bar ID and attorney privileges to take her into the attorney/client room. Spark prepared for the usual arrangement to commence.

“Law enforcement then entered the room and arrested [Spark], who had his zipper down,” the referee’s report said

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2021/02/from-the-monthly-discipline-summaries-of-the-florida-state-bar.html

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Comments

this is great stuff! Thanks for sharing. It is invaluable to some of us. Hope you are doing well and staying healthy.

Posted by: Naman | Feb 15, 2021 7:58:19 AM

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