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Living Trust Fraud

LIVING TRUST FRAUD

Date:   Wednesday, February 04, 2004
Facts:   NEW YORK LAW JOURNAL – A NASSAU County judge has awarded $2 million in punitive damages to a man who responded to an attorney's advertisement for a living trust and was bilked out of $2,000. State Supreme Court Justice Edward W. McCarty III granted the award, which totaled about $2.4 million. It stemmed from a case in which attorney Roger A. Giuliani allegedly sent a non-attorney to the home of Gerald Campbell to execute the living trust. Mr. Campbell's attorney, Anthony Ballato, in Massapequa, alleged that Mr. Giuliani and other defendants pocketed the money without providing the service. The amount awarded last week in Campbell v. Cammarota, 4636-03, was a result of the default of non- attorney, Michael C. Cammarota, who earlier pleaded guilty to grand larceny and a scheme to defraud five victims out of $1.8 million. He is expected to be sentenced in Suffolk County today. The civil action against the remaining defendants, including Mr. Giuliani, is pending. The law firm of Lazer, Aptheker, Rosella & Yedid, previously was granted a motion to withdraw as Mr. Cammarota's counsel for nonpayment.

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