IN THE SUPREME COURT OF FLORIDA (Before a Referee) v. The Florida Bar File No ,580(11A) RYAN THOMAS DOSEN, REPORT OF REFEREE

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1 IN THE SUPREME COURT OF FLORIDA (Before a Referee) THE FLORIDA BAR, Complainant, Supreme Court Case No. SC v. The Florida Bar File No ,580(11A) RYAN THOMAS DOSEN, Respondent. / REPORT OF REFEREE I. SUMMARY OF PROCEEDINGS: Pursuant to the undersigned being duly appointed as Referee for the Supreme Court of Florida to conduct disciplinary proceedings as provided for by Rule of the Rules Regulating The Florida Bar, consideration of this cause was undertaken. All of the pleadings, notices, motions and orders are forwarded with this report and the foregoing constitute the record in this case. The following attorneys appeared as counsel for the parties: On behalf of The Florida Bar: Randi Klayman Lazarus The Florida Bar 444 Brickell Avenue Suite M100 Miami, Florida On behalf of the Respondent: Andrew Scott Berman, Esquire West Dixie Highway North Miami Beach, Florida 33160

2 II. FINDINGS OF FACT: A. Jurisdictional Statement: The Respondent is, and was at all times material herein, a member of The Florida Bar, albeit emergency suspended pursuant to Florida Supreme Court Order dated June 30, 2009, and subject to the jurisdiction and disciplinary rules of the Supreme Court of Florida. B. Narrative Summary of Case and Facts: 1. Ryan Thomas Dosen was admitted to The Florida Bar on September 22, Within three (3) years he had his own law practice and commenced committing frauds. 2. Ryan Thomas Dosen engaged in fraudulent real estate transactions which included using straw buyers to purchase the properties at inflated prices; cash from borrowers which was actually either from other lenders, from respondent s trust account or did not exist at all; and cash to sellers, millions of dollars, was divided between the seller and respondent s associates, none of which were reflected on the HUD-1 Statements. A variety of misrepresentations on HUD-1 Statements was made in these closings in which Dosen is the settlement agent, with a warning that false statements constitute federal crimes punishable by a fine and imprisonment. In addition, respondent opened an account identified as 2

3 RTD Escrow Services, maintained at Wachovia Bank # , which was funded mostly from the Trust Account. This account was used to satisfy the monthly mortgage payments of the straw buyers, as well as his own personal mortgage payments. The fraudulent transactions are listed below. As to the property located at 3141 Shipping Avenue, Unit 20, Miami, Florida 3. On or about December 20, 2007, Ryan Thomas Dosen was the settlement agent for the sale of the property located at 3141 Shipping Avenue, Unit 20, Miami, Florida, hereinafter referred to as 3141 Shipping Avenue. 4. The HUD-1 Statement concerning the sale of the property located at 3141 Shipping Avenue misrepresented the amount of the cash from the borrower, misrepresented the source of the cash from the borrower, and misrepresented the recipient(s) of the cash to the seller. 5. As a result of the fraud committed in the sale of 3141 Shipping Avenue, the borrower obtained a loan in the amount of $788, from Washington Mutual Bank. 6. After the misrepresentations in the sale of the property located at 3141 Shipping Avenue, some of the monthly mortgage payments to Washington Mutual Bank were made from the trust account of Ryan Thomas Dosen identified as RTD Escrow Services, L.L.C. 3

4 7. Within eleven (11) months of the closing of the 3141 Shipping Avenue property, J.P. Morgan Chase Bank (Washington Mutual Bank) filed a Notice of Lis Pendens on that property in furtherance of a foreclosure action. As to the property located at 3061 Ohio Street, Miami, Florida 8. On or about November 26, 2007, Ryan Thomas Dosen was the settlement agent for the sale of the property located at 3061 Ohio Street, Miami, Florida, hereinafter referred to as 3061 Ohio Street. 9. The HUD-1 Statement concerning the sale of the property located at 3061 Ohio Street misrepresented the source of the cash from the borrower and misrepresented the recipient(s) of the cash to the seller. 10. As a result of the fraud committed in the sale of 3061 Ohio Street, the borrower obtained a loan in the amount of $520, from Bank of America. 11. Respondent failed to record a warranty deed and mortgage in favor of Bank of America. 12. After the misrepresentations in the sale of the property located at 3061 Ohio Street, some of the monthly payments to Bank of America were made from the trust account of Ryan Thomas Dosen identified as RTD Escrow Services, L.L.C. 13. As a result of the fraud committed in the sale of the property located 4

5 at 3061 Ohio Street, Bank of America has filed a claim with Attorneys Title Insurance in the amount of $520, As to the property located at 3150 Ohio Street, Miami, Florida 14. On or about January 2, 2008, Ryan Thomas Dosen was the settlement agent for the sale of the property located at 3150 Ohio Street, Miami, Florida, hereinafter referred to as 3150 Ohio Street. 15. The HUD-1 Statement concerning the sale of the property located at 3150 Ohio Street misrepresented the source of the cash from the borrower and misrepresented the recipient(s) of the cash to the seller. 16. As a result of the fraud committed in the sale of the property located at 3150 Ohio Street, the borrower obtained a loan in the amount of $520, from Bank of America. 17. After the fraud committed in the sale of the property located at 3150 Ohio Street, some of the monthly mortgage payments to Bank of America were made from the trust account of Ryan Thomas Dosen, identified as RTD Escrow Services, L.L.C. 18. As a result of the fraud committed in the sale of the property located at 3150 Ohio Street, Bank of America has filed a claim with Attorneys Title Insurance in the amount of $520,

6 As to the property located at 3070 Shipping Avenue, Miami, Florida 19. On or about December 21, 2007, Ryan Thomas Dosen was the settlement agent for the sale of the property located at 3070 Shipping Avenue, Miami, Florida, hereinafter referred to as 3070 Shipping Avenue. 20. The HUD-1 Statement concerning the sale of the property located at 3070 Shipping Avenue misrepresented the amount of the cash from the borrower, misrepresented the recipient(s) of the cash to the seller and misrepresented the amount of the loan obtained from the lender, Bank of America. 21. As a result of the fraud committed in the sale of the property located at 3070 Shipping Avenue, the borrower obtained a loan in the amount of $520, from Bank of America. 22. After the fraud committed in the sale of the property located at 3070 Shipping Avenue, some of the monthly mortgage payments to Bank of America were made from the trust account of Ryan Thomas Dosen identified as RTD Escrow Services, L.L.C. 23. As a result of the fraud committed in the sale of the property located at 3070 Shipping Avenue, Bank of America has filed a claim with Attorneys Title Insurance in the amount of $562, Ryan Thomas Dosen was involved with at least a dozen other straw 6

7 buyers in fraudulent transactions. 25. There are ten (10) claims from policies issued by Ryan Thomas Dosen against Attorneys Title Insurance in the amount of $5,655, Ryan Thomas Dosen used trust account funds to pay the mortgage of his personal property identified as 305 South Harbour for a total of $30, In addition, respondent issued three (3) checks to Siegfried, Rivera, Lemer P.A., in the amount of $2,631.46; each for a total of $7, and identified the disbursements as Dow Dosen Skyline #2306, four (4) checks to himself totaling $19, and a check to Chris Dosen in the amount of $2, and two (2) wire transfers totaling $47,000.00, for a grand total of $136,527.70, from his trust account RTD Escrow Services. 28. On or about October 3, 2007, Ryan Thomas Dosen created the corporation known as Precom, USA Corporation. 29. Ryan Thomas Dosen executed the corporate documents of Precom as the registered agent and as the signing officer or director. 30. Precom was formed for the purpose of funneling ill gotten gains from real estate transactions. III. RECOMMENDATION AS TO GUILT: Based on the foregoing, I recommend that Respondent be found guilty of 7

8 violating the following Rules Regulating The Florida Bar: Rules 4-8.4(c) MISCONDUCT (A lawyer shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation) and TRUST ACCOUNTS (b) Application of Trust Funds or Property to Specific Purpose. (Money or other property entrusted to an attorney for a specific purpose, including advances for fees, costs, and expenses, is held in trust and must be applied only to that purpose); of The Rules Regulating The Florida Bar. IV. CASE LAW: I considered the following case law prior to recommending discipline: The Florida Bar v. Doyle, 8 So.3d 359 (Fla. 2009) V. FLORIDA STANDARDS FOR IMPOSING LAWYER SANCTIONS: I considered the following standards prior to recommending discipline: Standard 4.11 Standard 5.11(f) Standard 7.1 VI. RECOMMENDATION AS TO DISCIPLINARY MEASURES TO BE APPLIED: I recommend that Respondent be found guilty of misconduct justifying disciplinary measures, and that he be disciplined by: A. Permanent Disbarment. 8

9 B. Payment of The Florida Bar s costs in these proceedings which may be submitted to me in an affidavit of costs. VII. PERSONAL HISTORY AND PAST DISCIPLINARY RECORD: Prior to recommending discipline pursuant to Rule 3-7.6(k)(l), I considered the following: A. Personal History of Respondent: Age: 30 Date admitted to The Florida Bar: September 22, 2004 Prior Discipline: In Supreme Court Case No. SC , The Florida Bar File No ,243(11A-MES), respondent was emergency suspended as a result of allegations of misappropriation of funds in this Bar proceeding. B. Factors Considered in Aggravation: 9.22(b) - dishonest or selfish motive 9.22(c) - a pattern of misconduct 9.22(d) - multiple offenses 9.22(g) - refusal to acknowledge wrongful nature of conduct 9.22(j) - indifference to making restitution B. Factors Considered in Mitigation: 9.32(a) - absence of a prior disciplinary record VIII. STATEMENT OF COSTS AND MANNER IN WHICH COSTS SHOULD BE TAXED: I find the following costs were reasonably incurred by The Florida Bar: 9

10 Administrative fee Rule 3-7.6(q)(1)(I). $1, Bar Counsel s costs Court Reporting costs Staff Auditor s costs...7, Staff Investigator s costs TOTAL: $9, It is recommended that such costs be charged to Respondent and that interest at the statutory rate shall accrue and be payable beginning sixty (60) days after the judgment in this case becomes final unless a waiver is granted by the Board of Governors of The Florida Bar. Dated this day of, Copies to: Andrew Scott Berman, Attorney for Respondent Randi Klayman Lazarus, Bar Counsel Kenneth Lawrence Marvin, Staff Counsel HONORABLE ARTHUR L. ROTHENBERG Referee 10

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