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(212) 401-0800 Jorge Dopico Chief Counsel Complainant Name: James Alan Bush Address: 2967 Sherbrooke Way San Jose, California 95127 Telephone: (408) 569-1634 Attorney Complained of Name: Gil Kreiter Address: 242 West 104st Street New York, New York 10025 Telephone: (718) 360-1354 Complaints to other agencies Have you filed a complaint concerning this matter with another bar association, district attorney's office or any other agency? If so, specify the name: New York County District Attorney's Office Action taken by agency: A complaint was submitted on November 28 th, 2012 Court action against attorney complained of Have you brought a civil or criminal action against this attorney? If so, name of court: N/A Complaint I am a California plaintiff that was awarded a civil judgment against an Indiana defendant; I retained New York Attorney Gil Kreiter to collect the judgment, as Indiana will not enforce a civil judgment obtained in California without a hearing, and only then by obtaining another judgment in an Indiana court. I was referred to Mr. Kreiter by California Attorney Mark Shapiro, who owns and operates a judgment collectors referral service, JudgmentBuyers.com, on or around May 15 th, 2012, for representation for the Indiana case [see Attachment A]. Upon signing a retainer agreement with Mr. Kreiter, I filed the requisite affidavit reassigning the California judgment to Mr. Kreiter in the Superior Court of California on July 30th, 2012 [see Attachment B]. Having failed to receive any progress updates from Mr. Kreiter since the reassignment of judgment to him, I requested the status of the case on August 10 th, 2012; on September 4th, 2012, nearly one month later, Mr. Kreiter indicated that collection would begin within 10 days after filing, even though Indiana law explicitly prescribes a 30-day notice of hearing on the judgment, and specifies that, if obtained, is subject to laws governing the enforcement of such comparable to most other states [see Attachment C]. On September 20th, 2012, and without any contact from Mr. Kreiter for almost two weeks, I again
requested the status of the case; four days later, Mr. Kreiter stated that judgment was obtained, and that payout of the monetary damages award were pending a search of bank records for any assets belonging to the defendant that could be garnished. Mr. Kreiter stated further that this search was a function of the clerk of the presiding court, which typically took about three weeks to complete [see Attachment D], even though Indiana law does not specify asset searches as a function of any court of that state. Accordingly, I contacted Mr. Kreiter on October 1 st, 2012, and requested copies of any and all case documents [see Attachment E]; however, I did not receive a response from Mr. Kreiter until October 18th, 2012, which reiterated what was clearly the false claim pertaining to court-conducted bank records searches, and which was then followed by a flirt from Mr. Kreiter via an online dating service on October 27th, 2012 [see Attachment F]. Although Mr. Kreiter claimed on multiple occasions that a judgment was obtained in the Indiana case, and that the payout in the amount of the monetary damages awarded were pending a bank records search, a review of the case file at the Johnson County Courthouse in Franklin, Indiana, conducted by me personally on November 21st, 2012, showed that the case is still in the initial filing stages, and that the defendant has not even been served. Moreover, it was discovered that the defendant had evaded service of summons, which has gone unnoticed and unaddressed by Mr. Kreiter for over three months (since August 23rd, 2012) [see Attachments G and H]. After discovering the discrepancy between the case docket and Mr. Kreiter's claims, and prior to confronting Mr. Kreiter, I contacted Mr. Shapiro, the referring attorney, for advice on handling the issue on November 23rd, 2012 [see Attachment I]; however, Mr. Shapiro was unwilling to be helpful in this regard [see Attachment J]. Mr. Kreiter was forwarded a copy of this e-mail. On November 24th, 2012, I again requested the status of the case by forwarding a copy of my September 4th, 2012, request to Mr. Kreiter; that same day, Mr. Kreiter stated that the bank records search was still pending. Over the course of the next two days, I requested supporting documentation, and otherwise worked to refine my request to Mr. Kreiter for such documentation, as he appeared to dodge my request in his response and clarification on the claims [see Attachment K]. Because he was forwarded a copy of the case docket showing that only the initial papers had been filed [Attachment G], as well as a document describing the attempted (but failed) service of summons [Attachment H], in the e-mail sent to Mr. Shapiro on November 23 rd, 2012 [Attachment I], Mr. Kreiter had readily available to him current and accurate information regarding the status of the case, thereby eliminating any confusion or ambiguity pertaining thereto; moreover, in having been provided these documents, the implied demand for an explanation of the discrepancy should have been met with honesty. Instead, Mr. Kreiter dodged my question for two days by answering questions that were never asked, and even reiterated his claim that judgment had been obtained in the case, even while the aforedescribed documents presented to him contradicted said claim [see Attachment L], and even though he was informed that a subsequent visit to the Indiana courthouse did the same [see Attachment M].
SIDENOTE
An anonymous e-mail was recently received, stating that Mr. Kreiter is not an attorney, and that I was a sucker for thinking so [see Attachment N].
To-date, Mr. Kreiter has never provided a satisfactory answer, and has otherwise failed to indicate how he intends to resolve the matter and advance the case to the next logical step. Based on the ethical standards and rules of professional misconduct, as provided by the New York City Bar Association, Mr. Kreiter's conduct and actions constitute both neglect and misrepresentation, in that (1) he has repeatedly and consistently failed to communicate with a client (by and through his refusal to provide requested court documents showing the status of the case), and has failed to take action for an improperly refused service of summons by the defendant; and, (2) has willfully failed in his lawful duty to accurately represent the status of a case for which he is providing representation.
X Signed
Dated
ATTACHMENT A
ATTACHMENT B
IMG_20120730_122113.jpg 360K
ATTACHMENT C
Status of collection
6 messages James Bush <theoknock@gmail.com> To: Gil Kreiter <gil@bloomingdalepartners.com> Hello, Gil: Do you have any hearings calendared in the Bickel case yet? Just tring to set my expectations realistically here, and I know that a hearing is the next step after filing the affidavits I signed. Please let me know Fri, Aug 10, 2012 at 10:46 AM
Gil Kreiter <gil@bloomingdalepartners.com> Reply-To: Gil Kreiter <gil@bloomingdalepartners.com> To: James Bush <theoknock@gmail.com> Just sent the papers in to Johnson County.
Kathy Bickel is living in Greenwood, she doesn't own the house on Seafan in Indianapolis.
From: James Bush <theoknock@gmail.com> To: Gil Kreiter <gil@bloomingdalepartners.com> Sent: Friday, August 10, 2012 12:46 PM Subject: Status of collection
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James Bush <theoknock@gmail.com> To: Gil Kreiter <gil@bloomingdalepartners.com> That brings us one step closer. Pleased to hear it.
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Gil Kreiter <gil@bloomingdalepartners.com> Reply-To: Gil Kreiter <gil@bloomingdalepartners.com> To: James Bush <theoknock@gmail.com> Also, there is no waiting period in Indiana, so as
From: James Bush <theoknock@gmail.com> To: Gil Kreiter <gil@bloomingdalepartners.com> Sent: Friday, August 10, 2012 5:09 PM Subject: Re: Status of collection
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James Bush <theoknock@gmail.com> To: Gil Kreiter <gil@bloomingdalepartners.com> One more thing: that means up to 30 days, if uncontested, right? On Aug 10, 2012 11:39 AM, "Gil Kreiter" <gil@bloomingdalepartners.com> wrote:
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Gil Kreiter <gil@bloomingdalepartners.com> Reply-To: Gil Kreiter <gil@bloomingdalepartners.com> To: James Bush <theoknock@gmail.com> 10 days From: James Bush <theoknock@gmail.com> To: Gil Kreiter <gil@bloomingdalepartners.com> Sent: Friday, August 10, 2012 5:13 PM Subject: Re: Status of collection
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ATTACHMENT D
It used to take a long time in IN because of all the hearings. I believe it is more stream lined now. From: James Bush <theoknock@gmail.com> To: Gil Kreiter <gil@bloomingdalepartners.com> Sent: Thursday, September 20, 2012 5:30 PM Subject: Re: New address, status, etc. My mistake. Overall, this process may take...? On Sep 20, 2012 1:51 PM, "Gil Kreiter" <gil@bloomingdalepartners.com> wrote: Not 3 weeks until pay out. 3 weeks until we find the bank accounts From: James Bush <theoknock@gmail.com> To: Gil Kreiter <gil@bloomingdalepartners.com> Sent: Thursday, September 20, 2012 3:11 PM Subject: New address, status, etc. Hey, Gil: Since I haven't heard back from you after the first one, I thought I'd send another reminder that I have a new address, which is: 652 Laurie Avenue, Santa Clara, California 95051 Also, does your previous estimate of three weeks until pay-out still hold? Let me know when you can, so I.can keep an eye out for it. Mail sometimes disappears if I don't catch it on delivery. Thanks, James - 408-791-4866 demonicactivity.blogspot.com
ATTACHMENT E
ATTACHMENT F
James Alan Bush and 7 other people are waiting for you on Badoo!
Badoo <noreply@badoo.com> Reply-To: noreply@badoo.com To: theoknock@gmail.com Sat, Oct 27, 2012 at 6:15 AM
James Alan Bush and 7 other people are waiting for you on Badoo!
This email was sent by James Alan Bush (theoknock@gmail.com). If you received this message by mistake, please just ignore it.
Hey James Alan Bush! You found your friends on the site, and now there are 7 excited people waiting for you to come hang out with them on Badoo!
Connect to them!
Gil Kreiter
New York, United States
Twinkdaddy
San Jose, United States
Just Me
Fremont, United States
Jason
San Jose, United States
Jai Udani
San Jose, United States
You have received this email from Badoo Trading Limited (postal address below). If you do not wish to receive further email communications from Badoo, please click here to opt out. Badoo Trading Limited is a limited company registered in England and Wales under CRN 7540255 with its registered office at 44a The Green, Warlingham, Surrey, CR6 9NA.
ATTACHMENT G
James Alan Bush and 7 other people are waiting for you on Badoo!
1 message Badoo <noreply@badoo.com> Reply-To: noreply@badoo.com To: theoknock@gmail.com Sat, Oct 27, 2012 at 6:15 AM
James Alan Bush and 7 other people are waiting for you on Badoo!
This email was sent by James Alan Bush (theoknock@gmail.com). If you received this message by mistake, please just ignore it.
Hey James Alan Bush! You found your friends on the site, and now there are 7 excited people waiting for you to come hang out with them on Badoo!
Connect to them!
Gil Kreiter
New York, United States
Twinkdaddy
San Jose, United States
Just Me
Fremont, United States
Jason
San Jose, United States
Jai Udani
San Jose, United States
You have received this email from Badoo Trading Limited (postal address below). If you do not wish to receive further email communications from Badoo, please click here to opt out. Badoo Trading Limited is a limited company registered in England and Wales under CRN 7540255 with its registered office at 44a The Green, Warlingham, Surrey, CR6 9NA.
ATTACHMENT H
ATTACHMENT I
---------- Forwarded message ---------From: James Bush <theoknock@gmail.com> Date: Tue, Sep 4, 2012 at 10:10 AM Subject: Status of Bickel collection To: Gil Kreiter <gil@bloomingdalepartners.com> Hello, Gil: Just writing to check in on the status of the above-referenced. Please get back to me at your earliest convenience. Thanks, James Alan Bush 408) 791-4866
ATTACHMENT J
now a judgment in Johnson County From: James Bush <theoknock@gmail.com> To: Gil Kreiter <gil@bloomingdalepartners.com> Sent: Tuesday, September 4, 2012 9:38 PM Subject: Re: Status of Bickel collection
Okay. By docketed, you mean...? On Sep 4, 2012 1:20 PM, "Gil Kreiter" <gil@bloomingdalepartners.com> wrote: Hi James, Doing a bank search. Judgment docketed in IN. Regards, Gil From: James Bush <theoknock@gmail.com> To: Gil Kreiter <gil@bloomingdalepartners.com> Sent: Tuesday, September 4, 2012 12:10 PM Subject: Status of Bickel collection Hello, Gil: Just writing to check in on the status of the above-referenced. Please get back to me at your earliest convenience. Thanks, James Alan Bush 408) 791-4866
From: James Bush <theoknock@gmail.com> To: Gil Kreiter <gil@bloomingdalepartners.com> Sent: Tuesday, September 4, 2012 9:38 PM Subject: Re: Status of Bickel collection Okay. By docketed, you mean...? On Sep 4, 2012 1:20 PM, "Gil Kreiter" <gil@bloomingdalepartners.com> wrote: Hi James, Doing a bank search. Judgment docketed in IN. Regards, Gil From: James Bush <theoknock@gmail.com> To: Gil Kreiter <gil@bloomingdalepartners.com>
Sent: Tuesday, September 4, 2012 12:10 PM Subject: Status of Bickel collection Hello, Gil: Just writing to check in on the status of the above-referenced. Please get back to me at your earliest convenience. Thanks, James Alan Bush 408) 791-4866
ATTACHMENT K
"Mark Shapiro" <Mark@GoGuys.com> Re: Fwd: Status of Bickel collection November 25, 2012 7:07:33 AM PST "James Bush" <theoknock@yahoo.com> Mark@GoGuys.com
Email Gil, I have no control over him... Do you have any idea why Gil sent this to me today? When you spoke to him, what did you/he say? Let me know as soon as you can; as you saw, I just received an e-mail from Gil, but not addressing the issue, rather, he claims he's still waiting on the bank search... Thanks, James Sent from my iPhone Begin forwarded message: From: Gil Kreiter <gil@bloomingdalepartners.com> Date: November 24, 2012, 5:18:20 PM PST To: James Bush <theoknock@gmail.com> Subject: Re: Fwd: Status of Bickel collection Reply-To: Gil Kreiter <gil@bloomingdalepartners.com> Still waiting for the bank search to come back. From: James Bush <theoknock@gmail.com> To: Gil Kreiter <gil@bloomingdalepartners.com> Sent: Friday, November 23, 2012 4:38 AM Subject: Fwd: Status of Bickel collection
---------- Forwarded message ---------From: James Bush <theoknock@gmail.com> Date: Tue, Sep 4, 2012 at 10:10 AM Subject: Status of Bickel collection To: Gil Kreiter <gil@bloomingdalepartners.com> Hello, Gil: Just writing to check in on the status of the above-referenced. Please get back to me at your earliest convenience. Thanks, James Alan Bush 408) 791-4866
--Thanks! Mark Shapiro V: 1-408-840-4610, Fax: 206-267-9857. http://www.JudgmentBuy.com - Mark@GoGuys.com Free, no obligation judgment evaluations. I am fast, the world is slow. Average judgments sell for 1-7% cash up front. Please do not get mad at JudgmentBuy for telling you the truth. If you do not believe me, that is fine, please remember JudgmentBuy is here to help you, after you are done searching for what cannot be found.
ATTACHMENT L
Gil Kreiter <gil@bloomingdalepartners.com> Re: Status of Bickel collection November 27, 2012 7:28:14 AM PST James Bush <theoknock@yahoo.com> Mark Shapiro <mark@goguys.com> Gil Kreiter <gil@bloomingdalepartners.com>
The case is in Superior 1 Johnson County the case number is 41D01-1208-MI-0078 you can see it at doxpop.com
From: James Bush <theoknock@yahoo.com> To: Gil Kreiter <gil@bloomingdalepartners.com> Sent: Monday, November 26, 2012 11:20 PM Subject: Re: Status of Bickel collection
Also, how were you advised of the Indiana judgement? Is there a web site where I can check the case status? Sent from my iPhone On Nov 26, 2012, at 6:17 PM, Gil Kreiter <gil@bloomingdalepartners.com> wrote: You can order it from the clerk of courts, I don't have a copy to send you.
From: James Bush <theoknock@yahoo.com> To: Gil Kreiter <gil@bloomingdalepartners.com> Sent: Monday, November 26, 2012 7:46 PM Subject: Re: Status of Bickel collection
May I have a copy of the judgment from Johnson County? Sent from my iPhone On Nov 26, 2012, at 10:59 AM, Gil Kreiter <gil@bloomingdalepartners.com> wrote: The Indiana judgment is in Johnson County.
From: James Bush <theoknock@yahoo.com> To: Gil Kreiter <gil@bloomingdalepartners.com> Sent: Monday, November 26, 2012 1:55 PM Subject: Re: Status of Bickel collection
Sorry, Gil; I'm confused. This isn't from the Indiana case; it's from the California case. Should there be a separate one? Sent from my iPhone On Nov 26, 2012, at 6:30 AM, Gil Kreiter <gil@bloomingdalepartners.com> wrote: attached
From: James Bush <theoknock@yahoo.com> To: Gil Kreiter <gil@bloomingdalepartners.com> Sent: Monday, November 26, 2012 8:36 AM Subject: Re: Status of Bickel collection
Can you send me a copy of the judgment by e-mail? Sent from my iPhone On Nov 26, 2012, at 5:03 AM, Gil Kreiter <gil@bloomingdalepartners.com> wrote: The judgment has been domesticated in Johnson County where she lives. Once the bank search comes back, I will put in for a writ of garnishment.
From: James Bush <theoknock@yahoo.com> To: Gil Kreiter <gil@bloomingdalepartners.com> Cc: Mark D. Shapiro <Mark@GoGuys.com> Sent: Sunday, November 25, 2012 2:47 AM Subject: Re: Status of Bickel collection
What has been done so far, to your knowledge; and, how many more steps are there in this other process (at a minimum)? Sent from my iPhone On Nov 24, 2012, at 5:18 PM, Gil Kreiter <gil@bloomingdalepartners.com> wrote: Still waiting for the bank search to come back.
From: James Bush <theoknock@gmail.com> To: Gil Kreiter <gil@bloomingdalepartners.com> Sent: Friday, November 23, 2012 4:38 AM Subject: Fwd: Status of Bickel collection
---------- Forwarded message ---------From: James Bush <theoknock@gmail.com> Date: Tue, Sep 4, 2012 at 10:10 AM Subject: Status of Bickel collection To: Gil Kreiter <gil@bloomingdalepartners.com> Hello, Gil: Just writing to check in on the status of the above-referenced. Please get back to me at your earliest convenience. Thanks, James Alan Bush 408) 791-4866
<Exemplified.CA.Judgment.Bush.v.Bickel.pdf>
ATTACHMENT M
Subject: Re: Status of Bickel collection From: To: Date: James Bush (theoknock@yahoo.com) gil@bloomingdalepartners.com; Tuesday, November 27, 2012 7:29 AM
I know where it is; I went there personally. There is no judgment on-file. Sent from my iPhone On Nov 27, 2012, at 7:28 AM, Gil Kreiter <gil@bloomingdalepartners.com> wrote: The case is in Superior 1 Johnson County the case number is 41D01-1208-MI-0078 you can see it at doxpop.com
From: James Bush <theoknock@yahoo.com> To: Gil Kreiter <gil@bloomingdalepartners.com> Sent: Monday, November 26, 2012 11:20 PM Subject: Re: Status of Bickel collection
Also, how were you advised of the Indiana judgement? Is there a web site where I can check the case status? Sent from my iPhone On Nov 26, 2012, at 6:17 PM, Gil Kreiter <gil@bloomingdalepartners.com> wrote: You can order it from the clerk of courts, I don't have a copy to send you.
From: James Bush <theoknock@yahoo.com> To: Gil Kreiter <gil@bloomingdalepartners.com> Sent: Monday, November 26, 2012 7:46 PM Subject: Re: Status of Bickel collection
May I have a copy of the judgment from Johnson County? Sent from my iPhone On Nov 26, 2012, at 10:59 AM, Gil Kreiter <gil@bloomingdalepartners.com> wrote:
From: James Bush <theoknock@yahoo.com> To: Gil Kreiter <gil@bloomingdalepartners.com> Sent: Monday, November 26, 2012 1:55 PM Subject: Re: Status of Bickel collection
Sorry, Gil; I'm confused. This isn't from the Indiana case; it's from the California case. Should there be a separate one? Sent from my iPhone On Nov 26, 2012, at 6:30 AM, Gil Kreiter <gil@bloomingdalepartners.com> wrote: attached
From: James Bush <theoknock@yahoo.com> To: Gil Kreiter <gil@bloomingdalepartners.com> Sent: Monday, November 26, 2012 8:36 AM Subject: Re: Status of Bickel collection
Can you send me a copy of the judgment by e-mail? Sent from my iPhone On Nov 26, 2012, at 5:03 AM, Gil Kreiter <gil@bloomingdalepartners.com> wrote: The judgment has been domesticated in Johnson County where she lives. Once the bank search comes back, I will put in for a writ of garnishment.
From: James Bush <theoknock@yahoo.com> To: Gil Kreiter <gil@bloomingdalepartners.com> Cc: Mark D. Shapiro <Mark@GoGuys.com> Sent: Sunday, November 25, 2012 2:47 AM Subject: Re: Status of Bickel collection
What has been done so far, to your knowledge; and, how many more steps are there in this
other process (at a minimum)? Sent from my iPhone On Nov 24, 2012, at 5:18 PM, Gil Kreiter <gil@bloomingdalepartners.com> wrote: Still waiting for the bank search to come back.
From: James Bush <theoknock@gmail.com> To: Gil Kreiter <gil@bloomingdalepartners.com> Sent: Friday, November 23, 2012 4:38 AM Subject: Fwd: Status of Bickel collection
---------- Forwarded message --------From: James Bush <theoknock@gmail.com> Date: Tue, Sep 4, 2012 at 10:10 AM Subject: Status of Bickel collection To: Gil Kreiter <gil@bloomingdalepartners.com> Hello, Gil: Just writing to check in on the status of the above-referenced. Please get back to me at your earliest convenience. Thanks, James Alan Bush 408) 791-4866
<Exemplified.CA.Judgment.Bush.v.Bickel.pdf>
ATTACHMENT N
Anonymous <noreply@breaka.net> Gil Kreiter isn't a lawyer December 2, 2012 6:55:05 AM PST theoknock@gmail.com
sucker