Opinion
No. SC10–2138.
2012-03-12
THE FLORIDA BAR, Petitioner(s) v. Miguel A. PEREZ, Respondent(s).
The uncontested report of the referee is approved and respondent is found guilty of indirect criminal contempt for violating the Cease and Desist Affidavit he signed under oath on February 16, 1999. As a sanction, respondent is placed on probation for twelve months, effective immediately, under the terms and conditions set forth in the report and the plea agreement.
As a condition of probation, respondent is sentenced to five months in the Pasco County Jail; however the jail sentence shall be suspended pending respondent's compliance with the terms and conditions set forth in the referee's report and the plea agreement.
Miguel A. Perez shall pay restitution in the amount of $4,200.00 to Loretta Jane Wimpelberg and in the amount of $4,759.00 to Joseph Jahelka under the terms and conditions set forth in the report and the plea agreement. Miguel A. Perez shall provide a monthly written report to the UPL Department of The Florida Bar detailing the petitioner to whom restitution has been made and the amounts paid.
Further, judgment is ordered for the State of Florida for a civil penalty in the amount of $2,500.00, from Miguel A. Perez, for which sum let execution issue. Respondent shall submit payment of the civil penalty to the UPL Department of The Florida Bar, payable to the Supreme Court of Florida, as provided in Rule Regulating the Florida Bar 10–7.1(f)(2). If Respondent fails to submit payment of the civil penalty within one year from the date of this order, the matter will be turned over to the Florida Department of Financial Services for collection.
Respondent shall not engage in the unlicensed practice of law. Further, the Cease and Desist Affidavit, enjoining respondent from engaging in the unlicensed practice of law in Florida, shall continue in its present form.
Respondent is further directed to comply with all other terms and conditions set forth in the referee's report and the plea agreement.
Judgment is entered for The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 32399–2300, for recovery of costs from Miguel A. Perez in the amount of $900.00, for which sum let execution issue.
Not final until time expires to file motion for rehearing and, if filed, determined.
It is so ordered.