David Steinfeld in the courtroom - video 3
Video Description
Civil theft in Florida is the civil damages component to a criminal theft. Such claim must be proven by clear and convincing evidence and the penalties for civil theft can be treble damages and attorney's fees.
In this lawsuit the defendant filed a counterclaim for civil theft against one of Mr. Steinfeld's clients. At trial Mr. Steinfeld defeated that claim and the other side appealed. In this video Board Certified expert business lawyer David Steinfeld discusses the civil theft claim and why the trial judge was right. The appellate judges agreed with Mr. Steinfeld and affirmed the trial judge's ruling for his clients.
In this lawsuit the defendant filed a counterclaim for civil theft against one of Mr. Steinfeld's clients. At trial Mr. Steinfeld defeated that claim and the other side appealed. In this video Board Certified expert business lawyer David Steinfeld discusses the civil theft claim and why the trial judge was right. The appellate judges agreed with Mr. Steinfeld and affirmed the trial judge's ruling for his clients.
Video Transcript
Mr. Steinfeld: I can speak to the other issues. I'm happy to do that, I just don't want to spend anytime on the civil theft charge. I think it's very clear that that is a higher burden to hit that is clear and convincing evidence. The evidence was very very clear at trial and Judge Mahl [Judge Jeffrey Mahl] found that Florida Cardiovascular did not meet its burden of proof or even approach that. There was a separate medical directorship contract that was part and parcel of Dr. Ravi Rao’s employment or recruitment agreement or both that was incorporated into it and.
Civil theft
Judge Wendy Berger: The check that was given to Dr. Rao for, which I guess normally would be deposited into the account of Florida Cardiovascular and then they would pay him, this particular check it am I correct in that it was made out to both Cardiovascular and to the doctor?
Mr. Steinfeld: No ma'am, the particular check was made out at that time directly to Dr. Ravi Rao and it was made out by Tina Phillips, who was an employee of the hospital, she was in the cardio . . .
Judge Berger: So he cashed a check that was made out to him?
Mr. Steinfeld: No ma'am, the particular check was made out at that time directly to Dr. Ravi Rao and it was made out by Tina Phillips, who was an employee of the hospital, she was in the cardio . . .
Judge Berger: So he cashed a check that was made out to him?
A person cannot steal from themselves
Mr. Steinfeld: Yes ma'am, and he was always entitled to all that money as the medical director. There was no money that was going to be held back by Florida Cardiovascular at all for any period of time. And that was Patty Reisinger the office manager of Florida Cardiovascular that was her testimony that whenever they would receive the money it was immediately paid to Dr. Ravi Rao. They had no right to even hold it and invest it or earn any interest or anything off of it. It was all his money. So you can't steal from yourself very clearly and he had nothing to do with the crafting of this check. Tina Phillips testified she was the one who decided to write it to Dr. Rao because she thought that's what was supposed to have happened. So clearly he can't have any of the necessary mens rea or our mental process to commit some sort of a criminal offense.
