Florida Bar V Michael Christopher Grieco

The Florida Bar
Public Information Request

RESPONDENT NAME: MR. MICHAEL CHRISTOPHER GRIECO
TFB FILE NO.: 2006-71,156 (11M)

RE: Public Record Request : File # 2006-71,156 (11M), Respondent Mr. Michael Christopher Grieco

You have been provi ded with the entire public record related to your request. The public record of a
disciplinary file is defi ned i n Rule 3-7.1(b) of the Rul es Regulati ng The Fl orida Bar. Pursuant to the
rule, " [t]he public record shall consist of the record before a grievance committee, the record
before a referee, the record before the Supreme Court of Fl orida, and any reports, correspondence,
papers, recordings, and/or transcripts of heari ngs furnished to, served on, or received from the
respondent or the complai nant."

Attorney work product is confidential and attorney-cli ent communications are confidential per Rule
1-14.1(a), Rules Regulati ng the Flori da Bar.

The records that you have requested also contain i nformation that was previousl y redacted. Pages
34, 42 and 63 have been redacted pursuant to 119.071(5)(a) Social Security Numbers.
Supreme Court of Jflortba
THURSDAY, JUNE 19, 2008
CASENO.:SC08-1135
Lower Tribunal No(s).: 2006-71,156(11M)
THE FLORIDA BAR vs. MICHAEL CHRISTOPHER
GRIECO
Complainant(s) Respondent(s)
The Unconditional Guilty Plea and Consent Judgment for Discipline is
approved and the Court hereby directs that respondent receive a public reprimand to
be administered by the Board of Governors of The Florida Bar at a date and time to
be determined by the Board.
Respondent is further directed to comply with all other terms and conditions
set forth in the consent judgment.
Judgment is entered for The Florida Bar, 651 East Jefferson Street,
Tallahassee, Florida 32399-2300, for recovery of costs from Michael Christopher
Grieco in the amount of $1,289.30, for which sum let execution issue.
Not final until time expires to file motion for rehearing, and if filed,
determined.
A True Copy
Test:
nomas D. Hall
Clerk, Supreme Court
cic
Served:
KENNETH LAWRENCE MARVIN
WILLIAM MULLIGAN
MICHAEL CHRISTOPHER GRIECO
IN THE SUPREME COURT OF FLORIDA
THE FLORIDA BAR, The Florida Bar File
No. 2006-71,156(1 1M)
Complainant,
v.
MICHAEL CHRISTOPHER GRIECO, Supreme Court Case
No.
Respondent.
UNCONDITIONAL GUILTY PLEA AND
CONSENT JUDGMENT FOR DISCIPLINE
MICHAEL CHRISTOPHER GRIECO, Respondent, having been folly
advised of his procedural rights under the Rules Regulating The Florida Bar,
hereby tenders this Unconditional Guilty Plea and Consent Judgment for
Discipline pursuant to Rule 3-7.9(a), Rules of Discipline, and says:
l: Respondent, MICHAEL CHRISTOPHER GRIECO, is and at all
times hereinafter mentioned was a member of The Florida Bar and subject to the
jurisdiction and disciplinary rules of the Supreme Court of Florida.
2. Respondent is 32 years of age and has been a member of The Florida
Bar since April 28, 2000.
3. Respondent is currently the subject of a grievance file which has been
assigned The Florida Bar File No. 2006-71,156(1 1M).
4. Respondent admits that the following facts are true and accurate and
stipulates:
a. In or about November 2004, Messrs. Elie Parker and Ariel
Guivas assaulted Mr. Jeremy Powell.
b. The assault was investigated by the Miami Beach Police
Department.
c. During the investigation, Respondent, who was employed with
the Miami-Dade State Attorney's Office and was friends with Mr. Parker, met with
the detectives assigned to the case.
d. During this meeting, the detectives were misled into believing
that Respondent was involved in the investigation because of his role as an
Assistant State Attorney, not as Mr. Parker's friend.
e. Specifically, the detectives provided information to Respondent
which they would not have provided had they known that Respondent was Mr.
Parker's friend because the matter was still an ongoing criminal investigation.
f. Upon receiving said information from the detectives,
Respondent told the detectives not to arrest Mr. Parker because there was a lack of
probable cause and also instructed Mr. Parker to assert his Fifth Amendment
privilege.
g. Mr. Parker was eventually arrested and charged with a crime.
2
h. During the prosecution of Mr. Parker's criminal matter by the
Miami-Dade State Attorney's Office, on numerous occasions, Respondent met
with other prosecutors and/or supervisors assigned to Mr. Parker's matter and
asked that Mr. Parker's matter be scrutinized and given special attention.
i. Finally, when Mr. Parker was arraigned on the criminal charges
by the trial court, various individuals were misled into believing that Respondent
who was still employed as an Assistant State Attorney was going to represent the
interests of Mr. Parker.
5. Respondent admits that by reason of the foregoing facts Respondent
has violated Rule 4-1.7(a) (Representing Adverse Interests) of the Rules of
Professional Conduct.
6. Pursuant to Rule 3-7.9(a) of the Rules Regulating The Florida Bar,
Respondent hereby tenders this Unconditional Guilty Plea and Consent Judgment
for Discipline wherein Respondent agrees to receive a public reprimand to be
administered by appearance before the Board of Governors of The Florida Bar.
7. Respondent agrees to pay all costs reasonably incurred by The Florida
Bar in the investigation of the aforesaid matter within thirty (30) days of the entry
of the Supreme Court's final order, plus interest at the prevailing statutory rate to
accrue on all costs not paid within said time, unless time for payment is extended
by the Board of Governors.
8. Respondent agrees that the costs indicated below have been incurred.
Administrative costs
Rule 3-7.6(q)(l)(I) $1,250.00
Copy costs
TOTAL
$ 39.30
$1,289.30
9. Respondent agrees that he will not attempt to discharge the obligation
for the payment of The Florida Bar's costs hi any future proceedings, including but
not limited to, a Petition for Bankruptcy.
10. Respondent recognizes that the disciplinary sanction to be imposed
will ultimately be determined by the Supreme Court of Florida which will not be
bound to follow the recommendation of either The Florida Bar or the Board of
Governors hi these proceedings.
11. Respondent agrees that this Unconditional Guilty Plea and Consent
Judgment for Discipline and every factual admission contained herein, and
specifically the admissions set forth in paragraphs four (4) and five (5) shall have
full force and effect regardless of any subsequent recommendation or action taken
with respect to the terms of discipline offered by Respondent pursuant to this
Unconditional Guilty Plea and Consent Judgment for Discipline.
12. Respondent agrees that hi the event that the terms of discipline offered
herein are not approved by the Board of Governors of The Florida Bar (or their
designee), or the Supreme Court, this matter will proceed solely on the question of
discipline.
13. Respondent acknowledges that this document is tendered freely,
voluntarily, and without fear, threat or coercion.
DATED this? day of. li'l/H ^3008.
CHRISTOPHER GRIECO
'Respondent
Florida Bar No. 255490
80 SW 8
th
Street
Miami, Florida 33130
(305) 857-0034
WILLIAM MULLIGAN
Bar Counsel
The Florida Bar
444 Brickell Avenue
Suite M-100
(305) 377-4445
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the original of the above and foregoing
Unconditional Guilty Plea and Consent Judgment for Discipline was mailed to
William Mulligan, Bar Counsel, at The Florida Bar, Suite M-100, 444 Brickell
Avenue, Miami, Florida 33131 on this I2- * day of Mfaf 2008.
CHRISTOPHER GRIECO
Respondent
80 SW 8
th
Street
(305) 857-0034
THE FLORIDA BAR, The Florida Bar File
No. 2006-71, 156(1 1M)
Complainant,
v.
MICHAEL CHRISTOPHER GRIECO, Supreme Court Case
No.
Respondent.
THE FLORIDA BAR'S PETITION FOR APPROVAL OF
UNCONDITIONAL GUILTY PLEA AND
CONSENT JUDGMENT FOR DISCIPLINE
THE FLORIDA BAR, Complainant, pursuant to Rule 3-7.9(a), Rules of
Discipline, hereby files this Petition for Approval of Unconditional Guilty Plea and
Consent Judgment for Discipline and states as follows:
1 . MICHAEL CHRISTOPHER GRIECO, Respondent, has tendered to The
Florida Bar an Unconditional Guilty Plea and Consent Judgment for Discipline
("consent judgment") pursuant to Rule 3-7. 9(a), Rules of Discipline.
2. Respondent's consent judgment is attached to the instant petition for
filing.
3 . Respondent's consent judgment has been reviewed and approved by the
designated board reviewer and the Board of Governors.
4. Based upon the aforementioned review and pursuant to Rule 3-7.9(a),
Rules of Discipline, Bar Counsel is authorized to recommend approval of Respondent's
consent judgment and the imposition of the following disciplinary measures:
A. A public reprimand to be administered by appearance before
the Board of Governors of The Florida Bar.
5. An itemization of the costs of this proceeding, to date, is as follows:
Rule3-7.6(q)(l)(I) $1,250.00
Copy costs $ 39.30
TOTAL $1,289.30
6. Respondent agrees to pay all costs reasonably incurred by The Florida Bar
in the investigation of the aforesaid matter within thirty days of the entry of the
Supreme Court's final order, at the prevailing statutory interest rate to accrue on all
costs not paid within said time, unless time for payment is extended by the Board of
Governors.
WHEREFORE, The Florida Bar, Complainant, respectfully petitions this Court
to approve Respondent's Unconditional Guilty Plea and Consent Judgment for
Discipline.
Respectfully submitted,
WILLIAM MULLIG
Bar Counsel
TFB No. 956880
The Florida Bar
444 Brickell Avenue
Suite M-100
(305) 377-4445
I HEREBY CERTIFY that the foregoing Petition for Approval of
Unconditional Guilty Plea and Consent Judgment for Discipline was sent via regular
mail to the Thomas D. Hall, Clerk, Supreme Court of Florida, 500 S. Duval Street,
Tallahassee, Florida 32399; a true and correct copy was sent via regular mail to
Michael Christopher Grieco, Respondent, at his record bar address of 80 SW 8
th
Street
Miami, Florida 33130; and a true and correct copy was sent via regular mail to
Kenneth L. Marvin, Staff Counsel, The Florida.Bar, 651 E. Jefferson Street,
Tallahassee, Florida 32399, on this /Q^day of^LLl_ , 2008.
WILLIAM MULLIGAN/\
Bar Counsel
THOMAS D. HALL
CLERK.
TANYA CARROLL
CHIEF DEPUTY CLERK
GREGORY J. PHILO
STAFF ATTORNEY
RECEIVED
upreme Court of jflorilw i < im
Office of the Clerk
500 South Duval Street
Tallahassee, Florida 32399-1927
THE FLORIDA BAR^
PHONE NUMBER (850) 488-0125
www.floridasupremecourt.org/clerk/index.shtml
ACKNOWLEDGMENT OF NEW CASE
June 16, 2008
RE: THE FLORIDA BAR vs. MICHAEL CHRISTOPHER
GRIECO
CASE NUMBER: SC08-1135
Lower Tribunal Case Number(s): 2006-71,156(11M)
The Florida Supreme Court has received the following documents reflecting a filing
date of 6/13/2008.
The Florida Bar's Petition for Approval of Unconditional Guilty Plea and Consent
Judgment for Discipline
Unconditional Guilty Plea and Consent Judgment for Discipline
The Florida Bar's Affidavit of Costs
The Florida Supreme Court's case number must be utilized on all pleadings and
correspondence filed in this cause. Moreover, ALL PLEADINGS SIGNED BY AN
ATTORNEY MUST INCLUDE THE ATTORNEY'S FLORIDA BAR NUMBER.
FOR GENERAL FILING INFORMATION AND ADMINISTRATIVE ORDER
NO. AOSC04-84, PLEASE VISIT THE CLERK'S OFFICE WEBSITE AT
http://www.floridasupremecourt.org/clerk/index.shtml
cic
cc:
KENNETH LAWRENCE MARVIN
WILLIAM MULLIGAN
MICHAEL CHRISTOPHER GRIECO
THE FLORIDA BAR,
Complainant,
The Florida Bar File
No. 2006-71,156(11M)
v.
MICHAEL CHRISTOPHER GRIECO,
Respondent.
Supreme Court Case
No.
THE FLORIDA BAR'S AFFIDAVIT OF COSTS
THE FLORIDA BAR, through undersigned counsel, hereby submits its Affidavit of
Costs expended in the above referenced matter:
Rule3-7.6(q)(l)(I)..
Copy costs
TOTAL
$1,250.00
$ 39.30
$1,289.30
Respectfully submitted,
WILLIAM MjULLIG
Bar Counsel
TFB No. 956880
The Florida Bar
444 Brickell Avenue
Suite M-100
(305) 377-4445
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
SWORN TO AND SUBSCRIBED TO before me, the undersigned authority, by
WILLIAM MULLIGAN, who is personally known to me, this Jt_*tiay of June, 2008.
ENILER P. NEADLE
Commission DD 628555
Expires March 11,2011
Bonfcd Thru Tray Fain taiunna BOO-MS-7016
My Commission Expires: 3 -1
u
NOTARY PUBLIC
State of Florida at Large
I HEREBY CERTIFY that the foregoing Affidavit of Costs was sent via
regular mail to Thomas D. Hall, Clerk, Supreme Court of Florida, 500 S. Duval Street,
Tallahassee, Florida 32399; a true and correct copy was sent via regular mail to
Michael Christopher Grieco, Respondent, at his record bar address of 80 SW 8
th
Street,
Miami, Florida 33130; and a true and correct copy was sent via regular mail to
Kenneth L. Marvin, Staff Counsel, The Florida Bar, 651 E. Jefferson Street,
Tallahassee, Florida 32399, on this /n
4
^ d^ of<X^w, . 2008.
WILL
Bar Counsel
THE FLORIDA BAR
651 EAST JEFFERSON STREET
JOHN F. HARKNESS, JR. TALLAHASSEE, FL 32399-2300 850/561-5600
EXECUTIVE DIRECTOR www.FLABAR.oRG
April 20, 2009
Mr. Michael Christopher Grieco
80SW8thStSte2100
Miami, FL 33130-3047
Re: The Florida Bar v. Michael Christopher Grieco
TFB File No. 2006-71,156(11M)
Dear Mr. Grieco:
Our records show that you have paid all requisite costs and have received your public reprimand
administered by The Florid Bar Board of Governors at their April 3, 2009 meeting in Coral
Gables, Florida. Therefore, your file with this office has been closed and your compliance with
the court's order has been noted.
Please do not hesitate to contact me at (850) 561-5774 should you have any further questions.
Sincerely,
Adam A. Stetson, Paralegal
Lawyer Regulation
/aas
cc: Mr. William Mulligan, Bar Counsel, Miami Branch Office
PUBLIC RECORD
THE FLORIDA BAR
JOHNF.HARKNESS.JR. TALLAHASSEE, FL 32399-2300 850/561-5600
EXECUTIVE DIRECTOR WWW.FLORIDABAR.ORG
April 6,2009
80 SW 8th Street, Suite 2100
Miami, FL 33130-3047
TFB File No. 2006-71,156(11M)
Dear Mr. Grieco:
Enclosed is the public reprimand in the above-referenced case.
This public reprimand is now a part of your permanent bar record. I trust that from this point
forth your professional conduct will always be in compliance with the oath and obligations to our
profession.
Sincerely,
J6M G. White, III
President
The Florida Bar
JGW/aas
Enclosure
ENTERED' PUBLIC RECORD
THE FLORIDA BAR
EXECUTIVE DIRECTOR WWW.HXMUDABAR.ORG
February 11, 2009
1060 West 47th Court
Miami Beach, FL 33140-2805
TFB File No. 2006-71,156(11M)
Dear Mr. Grieco:
The administration of the public reprimand ordered in the above-referenced case has been placed
on the agenda of the April 2009, Board of Governors' meeting at The Biltmore in Coral Gables,
Florida. You are scheduled to appear before the Board on April 3,2009 at 9:00 a.m.
The actual public reprimand will consist of an escort into the room before the assembled
members of the board of governors, bar staff and visitors. At that time, the president will either
read from or paraphrase a prepared text relating to the facts of your case and give commentary
about your conduct. After the president has signed the reprimand, it will be mailed to you.
If questions are asked of you by the president, your responses should not exceed the scope of the
questions. No other commentary is permitted at that time. The actual time for administration of
the public reprimand is approximately five minutes.
Professional attire appropriate for appearance in a court of law is required. Failure to
appear with appropriate attire will result in rescheduling your public reprimand.
Confirmation of your appearance must be received in writing no later than February 27, 2009.
We must know if you will attend in order to fully prepare for your appearance. For your
convenience, you may respond by marking the line at the end of this letter and signing where
indicated. If necessary, our facsimile number is (850) 561-5665.
Please feel free to call me at (850) 561-5774 should you have any questions.
PUBLIC RECORD
October 23, 2008
Page 2
Sincen
Lawyer Regulation
/aas
cc: Kenneth L. Marvin, Staff Counsel
John F. Harkness, Executive Director
William Mulligan, Bar Counsel, Miami Branch Office
I will appear before The Florida Bar Board of Governors' meeting held in Orlando,
Florida on December 12, 2008.
Signature: Mr. Michael Christopher Grieco
TFB File No. 2006-71,156 (11M)
THE FLORIDA BAR
JOHN F. HARKNESS, JR. TALLAHASSEE, FL 32399-2300 850/561 -5600
October 23,2008
1060 West 47th Court
Miami
TFB File No. 2006-7 1,156(11M)
Dear Mr. Grieco:
The administration of the public reprimand ordered in the above-referenced case has been placed
on the agenda of the December 2008, Board of Governors' meeting at The Peabody in Orlando,
Florida. You are scheduled to appear before the Board on December 12, 2008 at 11:00 a.m.
The actual public reprimand will consist of an escort into the room before the assembled
members of the board of governors, bar staff and visitors. At that time, the president will either
read from or paraphrase a prepared text relating to the facts of your case and give commentary
about your conduct. After the president has signed the reprimand, it will be mailed to you.
If questions are asked of you by the president, your responses should not exceed the scope of the
questions. No other commentary is permitted at that time. The actual time for administration of
the public reprimand is approximately five minutes.
Professional attire appropriate for appearance in a court of law is required. Failure to
appear with appropriate attire will result in rescheduling your public reprimand.
Confirmation of your appearance must be received in writing no later than November 12, 2008.
We must know if you will attend in order to fully prepare for your appearance. For your
convenience, you may respond by marking the line at the end of this letter and signing where
indicated. If necessary, our facsimile number is (850) 561-5665.
Please feel free to call me at (850) 561-5774 should you have any questions.
October 23, 2008
Page 2
Sincer
Lawyer Regulation
/aas
cc: Kenneth L. Marvin, Staff Counsel
John F. Harkness, Executive Director
William Mulligan, Bar Counsel, Miami Branch Office
I will appear before The Florida Bar Board of Governors' meeting held in Orlando,
Florida on December 12, 2008.
Signature: Mr. Michael Christopher Grieco
TFB File No. 2006-71,156 (11M)
THE FLORIDA BAR
July 23,2008
80 SW 8th Street
Miami, FL 33130-3003
TFB File No. 2006-71,156(11M)
Dear Mr. Grieco:
The Florida Bar has received your check numbered 1102 in the amount of $1,289.30. This will
confirm that all disciplinary costs have been paid in full in the above-referenced file.
Please do not hesitate to contact me at (850) 561-3186 should you have any questions.
Sincerely,
Christopher M. Davis
Legal Secretary
Lawyer Regulation
/cmd
MICHAEL C. GRIECO
ATTORNEY AT LAW
July 21
st
, 2008
Mr. Christopher Davis
Lawyer Regulation
651 E. Jefferson Street
Tallahassee, Fl 32399-2300
Re: The Florida Bar v, Michael Christopher Grieco
TFB File No. 2006-71,156(11M)
Dear Mr, Davis:
Enclosed, please find check number 1102 in the amount of $1,289.30 payable to The Florida Bar.
Thank you for you attention to this matter.
Regards,
Pt/fHJ
Michael C. Grieco, Esq.
J''L i? 2008
LEGAL DIVISION
r
ALUHASSEE, FLORIDA
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PUBLIC RECORD
THE FLORIDA BAR
JOHNF.HARKNESS,JR. TALLAHASSEE, FL 32399-2300 850/561-5600
EXECUTIVE DIRECTOR www.FLABAR.oRG
June 25,2008
80 SW 8th Street
Miami, FL 33130-3003
TFB File No. 2006-71,156(11M)
Dear Mr. Grieco:
Pursuant to the order of the Supreme Court of Florida dated June 19, 2008, you received a public
reprimand to be administered by the Board of Governors of The Florida Bar. A letter scheduling
the administration of the reprimand will be forthcoming once a date and time has been
determined. The court also assessed costs against you in the amount of $1,289.30. Your costs
are due in this office no later than August 4, 2008. Please review the attached Failure to Pay
Notice as it may substantially affect your continuing ability to practice law. If you are
interested in being on a payment plan, and you qualify under the Delinquent Costs paragraph in
the attached Failure to Pay Notice, you need to contact our office immediately.
Adam Stetson, Paralegal for Lawyer Regulation Headquarters, will be your contact person at The
Florida Bar for issues relating to compliance with the Court's order. He may be contacted at
(850) 561-5774 should there be any questions regarding this matter.
Sincerely,
Christopher M. Davis, Legal Secretary
Lawyer Regulation
/cmd
EnclosureFailure to Pay Notice
J
AILUR E TO PAY
The grievance committee has assessed costs, imposed fee arbitration and/or restitution and/or
obligations. The requirements of this recommendation create certain obligations of which you
should be aware.
Making Payment
Please send your check or money order made payable to "The Florida Bar" to the attention of
Christopher M. Davis, The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 32399-
2300. Please place The Florida Bar file number on the check so we may extend proper credit for
the payment.
You may also make payment by credit card (Visa and Mastercard only) by submitting the
enclosed credit card form. The entire balance must be paid; no partial payment will be accepted.
Delinquent Costs
Costs are deemed delinquent unless they are paid within 30 days after the recommendation
becomes final. The time for payment may be extended by The Board of Governors (hereafter the
Board) for good cause shown. In order for the Board to approve an extension of time a payment
plan must be requested and certain financial information disclosed. Ordinarily payment plans are
not approved unless extreme financial hardship is proven through financial affidavits that include
a statement of assets and liabilities.
Delinquent Fee Arbitration Award(s)
Fee arbitration awards are deemed delinquent unless paid within 90 days after the award
becomes final. The time for payment may be extended by the Board for good cause shown.
Delinquent Restitution
Restitution is deemed delinquent unless it is made within the time frame and in the manner
provided by the recommendation or the agreement imposing the obligation. As in the case of
costs, the time for making restitution may be extended by the Board for good cause shown. The
same disclosure and the same procedures for obtaining the Board's approval of an extension of
time for making restitution apply as in a request for extension of time in which to make payment
for costs.
Effect of Delinquency
If costs, restitution or fee arbitration awards become delinquent, you will be deemed a delinquent
member of The Florida Bar and as such will not be entitled to practice law in Florida until such
time as the delinquency is cured. Cure of the delinquency will include making payment of all
required obligations, providing proof of payment, and filing a petition for removal of
delinquency status. Thereafter the petition will be reviewed and, if appropriate, the delinquency
will be removed.
Lapse of Membership StWs
Any member who remains delinquent for a period of five years or longer will lose bar
membership. A member whose membership has lapsed may return to the practice of law in
Florida only through application to the Florida Board of Bar Examiners, which will include
taking and passing the bar examination and successful completion of the character and fitness
evaluation.
Maintaining Contact
There may important information that we need to communicate to you after the recommendation
becomes final. For this reason, it is important for you to maintain an accurate mailing address,
telephone number and other contact information. In fact, The Rules Regulating The Florida Bar
mandate that all members of The Florida Bar keep current contact information on file.
If you have any questions about these issues please feel free to contact Christopher M. Davis by
telephone at (800) 342-8060, ext. 3186.
The Florida Bar
Lawyer Regulation - Headquarters Office
Authorization for Payment by Credit Card
Name
Bar Number
Address
City
Phone
Fax
E-mail
State Zip_
The Florida Bar File No.
Date of Assessment
Amount Assessed
Payment Amount
Credit Card Number
Expiration Date EH Visa Q Mastercard
(Check One)
I hereby authorize The Florida Bar to charge $_
listed above.
Signature
to the credit card
Date
Please submit this form to Christopher M. Davis at The Florida Bar, 651
East Jefferson Street, Tallahassee, Florida 32399. If you have any questions,
please contact Mr. Davis at (850) 561-3186 or at cdavis@flabar.org.
FOR OFFICE USE ONLY
ITEM NO.
22102
31402
22103
ENHANCE
44002
4001
4402
AMOUNT
$
$
$
$
$
$
$
J o n a t h a n Ma r c Da v i d o f f , E s q .
Davldoff Law Fi rm, P. L. L. C.
116 West 23rd Street
Suite 500
New York, New York 10011
Tel ephone: 212- 386- 7602
Fax: 212- 658- 9852
Emai l : Jonat han @ DavidoffLawFirrn.com
websi te: www. Davi doffLawFi rm. com
18 April 2006
Florida Bar
Attorney Discipline
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444 Brickell Avenue * on - ^
Suite M-100
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FLORIDA BAT
Re: Mike Grieco, ASA
To Whom It May Concern:
I represent Jeremy Powell. Mr. Powell has requested me to submit the enclosed bar
complaint against Mr. Mike Grieco, Assistant State Attorney. I f you have any questions
you can contact me at the above listed number; Thank you in advance for your time and
consideration in this matter.
Admitted: Florida, Massachussetts, New York, U.S. Tax Court, and U.S. Supreme Court
'8-2006 12:31PM FROM-
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RErrORNTOTBEBI^QiRIDABAR
XJEPAKTMENT OF LAWYJWJtt. HEGOLAJION
S *SBB|AlipartMuxiatt O BBON. OrngBA**. O CyprajTmniitW Ctr. BHmUnHan G WQApatoehta.Pkwy.
MfctHB 6oibi300 5900N. AaAr*s Ave. SuilalfrU* Tillaluattfflu FL
aomaaMJMBO
Rw*h474B9
I was the victim of a November 2004 attack by Ariel Guivas and Elie Parker
(hereinafter "Defendants"). Both Defendants were charged with Felony Battery,
but their cases were inappropriately dismissed when the State Attorneys' Office
failed to file certain documents. This complaint of Mike Grieco has nothing to do
with the inappropriate dismissal of the criminal case, but has to do with Mr.
Greico's inappropriate and unexplained behavior as an Assistant State Attorney.
I do not have any evidence that Mr. Grieco tampered with the case, there are
merely allegations.
In November 2004, I was attacked and injured by Defendants, Guivas and Parker.
I was hospitalized for several days and endured injuries that have scared me for
life. I contacted Aaron Resnick to assist him in ensuring that the parties who
harmed me were brought to justice, and Mr. Resnick contacted Jonathan Davidoff
to assist him with this case, since Mr. Davidoff was a former ASA.
Mr. Davidoff contacted the detective in my case, Miami Beach Detective Ramos,
and provided him with my information and the information of independent
witnesses. Detective Ramos, conducted his investigation and made the
determination that an arrest should be made. On December 1, 2004, Mr.
Davidoff received a telephone call from Detective Ramos informing him that Mr.
Guivas was going to be arrested that night. Several hours later, at 1:55am on
December 2, 2004, Mr. Davidoff received a telephone call from Detective Ramos
informing him that Assistant State Attorney Mike Grieco was getting involved
with the case.
During Mr. Davidoff's early morning telephone call with Detective Ramos, Mr.
Davidoff was informed that Mr. Grieco called him and requested that the
detective not make the request. Mr. Davidoff inquired as to if Mr. Grieco was the
on duty ASA, and the detective informed Mr. Davidoff that he was not. Detective
Ramos stated that he was calling Mr. Davidoff because Mr. Guivas was Mr.
Grieco's friend and he was vouching for his friend's character. Mr. Davidoff told
Detective Ramos that he should do what he felt was the right thing to do, and if
there was probable cause to make the arrest, then he should make the arrest.
Detective Ramos said he was going to give Mr. Grieco Mr. Davidoff's telephone
number so if he wanted to contact him he could do so directly.
That morning, at around 9:13am, on December 2, 2004, Mr. Davidoff received a
telephone call from Mr. Grieco, who informed him that he was going to represent
his friend. Additionally, Mr. Grieco stated and that he wanted to handle the
matter without Mr. Guivas being formerly charged by the SAO. Mr. Grieco
requested that Mr. Davidoff convince me not pursue a criminal case against Mr.
Guivas and not to show up for my sworn statement with the SAO, Assistant State
Attorney Jane Hyde. Mr. Grieco wanted me not to cooperate with the SAO. Mr.
Grieco further stated that he would be willing to negotiate a civil settlement, at
which time Mr. Davidoff told Mr. Grieco that I only wanted to be compensated for
my lost wages and medical expenses, but I also wanted to pursue the criminal
case.
Additionally, Mr. Davidoff informed Mr. Grieco that he should not be representing
his friend, as he was an ASA. Finally, Mr. Davidoff told Mr. Grieco that I was
intending to cooperate with the SAO's investigation and would only agree to a
plea offer of probation if Mr. Guivas paid my medical expenses and lost wages.
Mr. Davidoff's telephone conversations with Mr. Grieco are documented by the
telephone record attached with this complaint. The first call came from Mr.
Grieco to Mr. Davidoff on December 2, 2004 at approximately 9:13am, this call
lasted a little less than six minutes, at which time Mr. Davidoff needed to take
another call. Mr. Davidoff called Mr. Grieco back and left a voice message, and
then Mr. Greico returned his call. The calls between Mr. Grieco and Mr. Davidoff
occurred on Mr. Davidoff's cellular phone, 786-299-4722, and Mr. Grieco's
cellular telephone, 786-236-2396.
t i . r \ : - I r r I r I *. .i *. 1 4 _ f . . . . . . I - . - I ^ u 4 - U ~ * .
i vi i . L / a v i u u i i l e u c i i u u i i u u u i m a t m i . v i i i c i u w a s u ^ m y a i c n u i a i L c i c p n u n c m a i
was issued by the SAO in his capacity as an ASA in the Gang Unit. Further, Mr.
Davidoff's conversations with Mr. Grieco occurred during SAO business hours of.
Finally, it came to Mr. Davidoff's attention that Mr. Gieco went to court and
attempted to file a notice of appearance on behalf of Mr. Guivas, but was
instructed by the late Judge Leyte-Vidal that he could not do such a thing until he
left the SAO.
2
I was shocked to learn that the above captioned case was dismissed by the Court.
I was informed by the ASA handling the case that I would be required to appear
for trial. I appeared for my deposition and awaited the notice for trial. I found
out that the only reason my case was dismissed was a result of the SAO's failure
to respond to a Motion to Dismiss. I was informed by Mr. Davidoff that there was
an error and that he was told by the SAO that this case slipped through the
cracks. However, no one from the SAO ever contacted me to inform me of the
case's status or even that the case was dismissed.
It seems clear that Mr. Grieco inappropriately acted and breached his power as an
ASA when he imposed his authority and influence in this case by contacting Mr.
Davidoff and Detective Ramos. Additionally, Mr. Grieco's behavior is unbecoming
of an ASA and violated my rights as a victim. I have included a copy of Mr.
Davidoff's telephone records and a copy of Mr. Guivas' Arrest Form for your
review.
Finally, Mr. Grieco has a duty to all of the citizens of Florida, especially Miami-
Dade County. I believe Mr. Grieco breached his duty to me as a citizen and
violated the ethical code of conflict of interest. Clearly, Mr. Grieco was not acting
in his capacity of representing the people, but was acting in the interests of Mr.
Guivas. I am part of the people, so he had a conflict when he got involved with
the case.
3
o n
20Q4-46*130
1978 5* l i
a
m
221 S.W. 12fo Street
918 Ocean Drive (Fat Tuesdays)
Miami
Mi ami Beach
FL
FL
i
i
33126
32139
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<305> 858-3095 j d u ^ . ^ *
I Bartender IMiami, Hori da
[ Mul ti pl e tattoos on aims
trwst Date nc-itay.y
10:30 318 Ocean Dri ve
if Oef. has Concealed
Weapons Penult.
pEf*!Li.. v y -
CO-0-EFEHDAUT5
H/A
| g { M U C ACTI VI TY S. Salt
i O j H. N'A B. Boy
r l P . Possess T. Traltii:
t For Robbery, Burglary. Fl A r
i Violr Suspected History ol
!
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} drug involvement? [ 3 tto
Na Ca s Clewed i taffuente ot 0ru5 jmiitience o! Ascoh. tCtfiZeostnp
, MNC< ! _ J ijr* j JP^No [_j Unk j
FtewJ. f Tcity W&wfc
1 ail F- C! M-Jtito ] HOB ir.aviay.yr
I ' l l
D iii Custody Q Fv:ony D JWMI W
55 AflLaige (Zl Mrstiemeanor
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1 ail F- C! M-Jtito
!
D iii Custody Q Fv:ony D JWMI W
55 AflLaige (Zl Mrstiemeanor
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i-hst First Middle 1 DOB moj'day/vr
1 A ' / '
Q LnCuSody Q Felony Q Juvenfl
CD At Large D Misdemeanor
D. Deliver
E. Usg
Disitibuta
Other
Produce' I M. H,A C. Cocaine
Cultivate j A. AmphetamiiH; E. Heroin
W. Marijuana
O. OpiunvU^rv.
U. Unkr.o-.vn
Z. Other
SIGNAL: 100 Dl 5 0 Q200 250 300 400
Felony Battery
t
I N
Cwtts 'SVATUTE
1 784.041
*
Li AC OCAPiAS fJBVV QFW OWfifQCfT* V!Gt.Ar IDA! t
OF THF CODE 1 i f
^ .J,V ... _ *
B
_ JL A. A.M. P.M. IWiSteeet* Coffins AVHHI B
tTimej
committed tlie foHovving violation of law: Narrative; (Be specific).
(Location, include name of business}
Victim stated that he was approached by the Def. and a second male at
19 Street & Collies Avenue. The Del and a second male began threatening him. The "victim became scared and pulled out
a home opener in order to defend himself if need be. Hie Def dapped it from his hand, and according to an
independent witness, when the victim bent over in an attempt to recover ihe bottle-opener the Def. lacked the victim
in the face. The victim fell to the ground unconscious. Ihe Def. fied the scene in a silver VW. . Ihe second male Bed on f<*
f
Ihe victim provided me with the Def.'5 name and place of employment. Ihe Def. admitted to being present during the incident
but stated nothing else. The victim suffered from craniofacial trauma, a dosed head injury, posteoacussion
PAGE: _OF_
Hold for Othar Agency
Agency Verified by.
I Swear Sha! the above Statement is ccrreci and true to ttie best ol my
hn.jwledgs and fcsSef.
0. Ramos
Officer's t
"}fl'i:er"s Sfln.Hufe
mm;
". .suritr-otit Maine
078
Court ID Number Luc. Cads

HOLD FOR BOND HEARING. DO NOT
BOND OUT {Officer Musi Appear at
Bond Hearing).
Sworn to and subscribed before me. the understaned
1st
authority, this
December
2004
day of
COURT COPY

l understand that should I wiBfulIy fail to appear before the court as require
by this notice so appear that I may be held in contempt of court and a warrar
for my arrest shall be issued. Furthermore, t agree that notice concemini
the time, date, and place of all court hearings should be sent to tne aba*
address. 1 agree that it is my responsibility to notify Clerk of the Com
(Juveniles notify Family Division Juvenile Section) anytime that my addres
cnanges.
You need not appear in -court, but must comply with lite :i;strijCttGns on th
revorse Side hereof.
itgrctture of D ;!M-d...ni; Juvcnifo an.l P&rett w rmai .-brin
COflTUWJATION
a i . _ . j : f i ' T f . W ^ ~ -
Ouwas_ Ar t el ^ lJM~ tf.2l./l
r
1578
f
J
r
j
OF IHE COD5 OF
syndrome, a nasal fracture (displaced to the left) and a right orbital floor fracture without entrapment The Def. was arrested.
advised of the charges and tranported to DCJ.
Hold Eor Gihei Agency
Agency
I 3v.-e;jr lhat the atove Statement is correct j nd tme to the test ot my
.iPHSttodge and iwhef.
O. Ramos
MBH> 078
( ^ 1
Court ID Numijeril-oc. Code
HOLD FOR BOND HEARING. DO MOT
BOND OUT. (OSfiesr Musi Appear at Bend
Hanrig.j
Sworn to and iu^rgjjbed before rns. tho undersigned
îKhority. . this
DecemV"
COURT COPY
1 o.-K2ersIar.C that should f wisjulir ta'J to appcr-tf tsafarr> mi cujrt rra tei:'.;i<-"-d
In- i hs noiico ia iipfefi' trial ! itjiy trs ted m canterem '.- j a s r ; n5
to- my arrest shasl ce issued. FuflKcarae. I .i-isc-r -.--=-
lima Sits, and o**e el t3 suun fcaar.r>3? $fcu>id to arc-
23driS. 1 agios t!W it i i try r^^jyinsfcilLiy 50 CWSfy -' C"
(>ivn)es nobly Family Drftsrfin jirArvte jectaRi aAVsnw H TO,' txaa.,-
| " j v i need ri .3j.*a.- court.
Signature w D^ciiuant ' Juvenee P-.iref
A P R - 1 S - 2 0 0 S 1 2 : 3 1 P M FROM-
1 - 4 5 4 P . 0 0 1 / 0 0 1 F - 1 6 1
The Florida Bar
Inquiiy/Complaint Form
Please carefully review thii isqgigg/aaTn^lmrii funs ones JTDU have included all infbrmat&Jn. Nots that
there is a reqixirement for you to ejcecote ihe oath at the end of tins farm. False statements mmfe in bad
feith or \dtb- malica rasy ffobjecfc yuu ta civil o r eaipsssl BshiBig". Ptsrthsr iafgrmsMfflft EQi t y be ibtmd ia.
the paaaphiet
a
Compleiat Against A IFkrida Lawyer?"
' Please thoroughly review the Ear's Pamphlet "Complaint Agaijast a Florida Lawyer"
Ynnr N B B I B : L r ^ f ^ ^ Yflifcgfl - What is the nm^ft end adilreBa uf &B atfcorasy fioatie the
Address *>iWQ?*fr Av e ^ ^ ^ t o i f i ^ ^ p l ^ ?
Do yon haVB aa attorney ra^res anting yoa ta this If yea, give ySqr attornay'a ssiae and sddrsss.
Name;
Address:
Telephone: ^?%W T f c f l ^
DEBCHIBB YODE COMPLAINT, PBOVffiE DAUBS AND OP AT.TrTCTD M1SCCOTUCT
CUae a separate fibeet if necessary. Uo not writs on ilw back of this fhrmO
UndBrpmifllty of penury, 1 demure tha foregoing feats ers
KKTGHN TO 1EB FLOICIDABAR
DEPABTMENT OP LAWYER REGULATION
D TKHT Airport Man l i l t
Tampa, F L 3SHI3
O BSD N. Or*uga Avft,
Suite 500 530Q N, Andrews Ave,
BuiufiSS
53303
MWIPL PL SSOSl
a EBOApatschitttPkWy.
TftllafaaMnB, FL.
1 was the victim of a November 2004 attack by Ariel Guivas and Elie Parker
but their cases were inappropriately dismissed when the State Attorneys' Office
failed to file certain documents. This complaint of Mike Grieco has nothing to do
merely allegations.
with the case.
detective not make the request. Mr. Davidoff inquired as to if Mr. Grieco was the
Ramos stated that he was calling Mr. Davidoff because Mr. Guivas was M L
Detective Ramos said he was going to give Mr. Grieco Mr. Davidoff's telephone
case.
occurred on Mr. Davidoff's cellular phone, 786-299-4722, and Mr. Grieco's
cellular telephone, 786-236-2396.
Mr. Davidoff later found out that Mr. Grieco was using a cellular telephone that
left the SAO.
2
I was shocked to learn that the above captioned case was dismissed by the Court.
I was informed by the ASA handling the case that I would be required to appear
Davidoff and Detective Ramos. Additionally, Mr. Grieco's behavior is unbecoming
of an ASA and violated my rights as a victim. 1 have included a copy of Mr.
review.
Guivas. I am part of the people, so he had a conflict when he got involved with
the case.
3
^.!'-.'.:.i!iFi-ir ADf.'!'ii':"i ' ;..-o:
121 S.W. i 3iii Street Miami
?18 Ocean Drive (Fat Tuesdays) Miami Beach
33126 ! (305) 358-3095 | Q ul W-v L J I WWT
33135

f 1 Bartender
! Mists!. Florida
j Multiple- tattoos on arms
Vc-.iysn r.'.'ijcii''-' I v
i Oef. has Conceal ed
Vapons Permit.
' E Wy i r Q W-
;0-KEFEMOAUTS
ruA
j 12 / 01 ,/ 2004
10:30
918 Ocean Drive
W A
;f.raiJ i iniiufeUM ol Din?-; {.nsuerice oi AiCort. 1 Ci ' aenswp
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6
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t' - ' 1
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H At'uuge D Misdemeanor
DOB meudayVyr
/ ' ' / >
D tn Cusiody D Fetany D Juvsnili
D At IjHge Cj Misdemeanor
P R U C A C T I V I T Y S. Sell
H. N/A B. Buy
P. Fnsasss I . T:;.lli
D. Deliver
E. USr
Cfisiibu
Other
M. M.mu'acliire; [ O B U G T Y P E B Berbiteusue
Proiiuce.' I N. H.A C. Cec-3irse
Cliliivala | A. Amrfwamii ifc E. Hferoin
H. HalVjciRogc-n
M. Marijuana
O. QDSunvterv.
P. Pa/aphsrnnna
r
EqbjpmwB u. Unknown
E. Synihfetic Z. Other
SfGMAL: D l O O Ql 5 0 Q200
Felony Battery
250
. r
ROj PS j Acjjviiy j ivpfi
300 C1400
784.041
24 November I0d4 4:Qu
m n
,
n 0
street & Coffim Avenue
(Time)
(Lccaiion, include name oi business)
Victim, stated feat he was approached by the De and a second male at
:onni;iHed thts following violation oi law: Narrative; (Bo specific}
9 Street & Collins Avenue. "Ihe Def. and a second msie began threatening him. The victim became scared and pulled out
botfie opener in order to defend himself if need be. Hie Def. slapped it from his hand, and according to an
idependeat -witness, whan the victim bent over in an attempt to reco\
r
er the bottle-opener the Daf. lacked the victim
i ihe face. The "victim fell to the ground unconscious. The Def. fied the scene in a silver VW. .The second male fied on ff**
-
**
he victim provided me with the Def.'s name and place of employmenL The Def. admitted to being present during the incident
it stated nothing, else. The victim suffered from craniofacial trauma, a closed head injury, postcoacusston
PAGEJ
Id ior Ol h^r Ac e nc /
jficy V=tjt;ed by
Swear -rial the above Siatement is ccrreci ar.ct irue to ti;e best of my
wiKiqs ar.'J telisl.
Ramos
cer's L
iter's Si^n.iturij
H7S ! 02 )
fôurl ID tiiiuiher'Loc. C 0 U 2
i I HOLD FOR BONO HEARING. DO NOT
BOND OUT tOfticer Must Appear al
' Bond Hearing).
Sworn to and subscribed before me. the uridersianad
1st
authority, this
December
2004
day ot
COURT COPY
n
l undeistanct that should I vritfuiiy fei! to appear bofora ii-,e court ss I E
by this notice to appear that I may be heid in contempt 0! court -2nd a v
ior my n.vest shall be issued. Furthermore. I agrse Ihsl notice con;
the time, <fe'.e, and piace ol all court hearings should bs sen; :o ihe
address. 1 agree (hat 1! is my responsibility lo notily Gterk of the
IJ-A'eniles notify Family Division Juvenile Secfcon} anylime the; my
cnanges.
above
Cc-ur.
Odrftss
You nasd r.oi aopsar ii

revets* sirfs hereci.
m cuun, hul must comply vlh His distractions on \pt
iirn-irtti.!:'*? <'J D rti. -d -.n.t / Jtiv.-r.i^ fiii.l P-;ron.l r.t 0i-2r:win
CQ?mm.&:noH
0 2 ;
I. M... i i i 22. / i . . . 1378
;
- -
OF 'iH*e"COPS Or".
syndrome, a nasal fracture (displaced to me left) and a tight orbital floor rscsre vathout entrapment The De was arrested.
advised of the charges and transcrtsd to DCJ.
2 2
PAGE O f
i.'c-(ii:*-.t fov
HOLD
BOND
cv.'iiir Uiat the above GialurPrnl is r wc c i ji'.d uuo ;o un- ci=:-r ot my
:vd*-J'.-e ami SHSIWI.
j. Rsmos
[ BPD .075
Court ID Numbcr/Loc. Code
FOR BOND HEARING. DO HOT
OUT. lOtticer U-jsi Appeal at Bend
farg.j

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t"-.v i! fry ..f,''!''.rjUi!i'.,.' :<J C.::iX sf !>!
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To: bill mulligan Page 1 of 2 2008-01-16 15:01:31 (GMT) 12126589852 From: Jonathan davidoff
Jonathan Marc Davidoff, Esq.
Davi dof f L a w Fi r m, P . L . L . C .
Admitted in Florida, Massachusetts, New, York. Tax Court and The United States Supreme Court,
Of Counsel:
Aaron Resnick, Esq, (admitted in Florida)
Derek Schwartz. Esq. (admitted in Florida)
15 January 2008
William C. Mulligan
Bar Counsel
The Florida Bar
Rivergate Plaza
444 Brickell Avenue
Suite M-100
Miami, FL 33131-2404
Re: Michael Christopher Grieco, File #2006-71,156( 11M)
Dear Mr. Mulligan,
I am writing this letter in response to the package that I just received on the above captioned
matter. As you know, I represent Jeremy Powell. After reviewing the most recent update on this
case. I have a few comments and clarifications to make.
First, Jeremy Powell is a client of mine, and NOT a friend, it seems as i f many people are of the
belief that Mr. Powell and 1 have a friendship. In fact, prior to my representation of him, I had
never met Mr. Powell. My relationship with Mr. Powell is strictly a result of my cu rrent law
partner's acquaintance with Mr. Powell's girlfriend (or former girlfriend as I do not know the
current status of their relationship), who had worked for a restaurant/lounge which was owned by
my partner's client. This matter was referred to me by my partner, and I was asked to assist Mr.
Powell in filing a complaint against individuals who attacked him and caused him to suffer
serious bodily injuries. Because Mr. Powell was in the hospital, I was asked to get in touch with
Miami Beach detectives and direct them to Mr. Powell's hospital room. The detectives kept in
touch with me as a result of my initial communications with them. Additionally, once the State
Attorneys' Office handled the case, I was asked to assist Mr. Powell in providing the SAO with
the materials and information they desired. Finally, I have not been compensated one penny for
my efforts m this matter, nor have I requested compensation, nor have I ever filed or intend to
tile a lawsuit on behalf of Mr, Powell in this matter. My involvement in this case was merely a
favor for my partner.
Second, with regard to Mr. Grieco. I have never worked with Mr. Grieco in any capacity. 1
cannot comment on his work as an attorney. Mr. Grieco and I were Assistant State Attorneys at
the Miami-Dade County State Attorneys' Office during the same period of time. However, I
never handled any cases with Mr. Grieco, nor was I ever in the same division with Mr. Grieco.
Furthermore, as a criminal defense attorney, prior to this incident, I never had any professional
105 Duane Street 1680 Mi chi gan Avenue
Sui te 21 -D Pent house #4 (11 th Fl oor)
New York, New York 10007 Mi ami Beach, Florida 33139
Tel : 212-386-7602 l e i : 305-672-7494
Fax: 212-658-9852 Fax: 305-718-0647
j Jonat han@Da/ i dof f LawFi r mxom www. Davi dof f LawFi r m. com
To: bill mulligan Page 2 of 2 2008-01-16 15:01:31 (GMT) 12126589852 From: Jonathan davidoff
contact with Mr. Grieco, in that 1 never handled a case in which Mr. Grieco or any attorneys that
he supen ised were involved with such matter. However, I have had an opportunity to witness
Mr. Grieco in other professional capacities. I have seen Mr. Grieco, on a couple of occasions,
perform as a disc jockey. I went to a bar with numerous friends to see Mr. Grieco perform and to
support Mr. Greico. My opinion was that Mr. Grieco was an excellent disc jockey.
Third, I have never formally socialized with Mr. Grieco. I have been at parties and other social
establishments at the same time that Mr. Grieco was present, and I would exchange warm hellos.
However, I have never had a close friendship with Mr. Grieco. At most, I would say Mr. Grieco
is an acquaintance of mine. I have never had a problem with Mr. Grieco. No arguments,
disagreements, or fights, that I am aware of. I wish Mr. Grieco nothing but the best in life. 1
have no reason to dislike Mr. Grieco or wish him Ui will.
However, in this matter, in my opinion, I believe Mr. Grieco acted improperly and violated his
duty to the community and breached his ethical obligations, i did not file this complaint, nor did
I communicate with any other party on my own behalf. Everything I have done in this matter
was on behalf of Mr. Powell and at his request. 1 have no personal agenda in this matter. 1 want
this Committee to do what it feels is the proper tiling to do. I wish no i l l for Mr. Grieco and 1 do
hope he continues to prosper as an individual and as an attorney. This matter is between Mr.
Powell, Mr. Grieco, The Florida Bar, and The Florida Supreme Court, NOT Jonathan Davidoff.
This letter was to clarify the assertions that Mr. Grieco and his witnesses seem to have been
making in their comments to the Committee that I had a personal agenda or was pursing a civil
case for Mr. Powell and my benefit. These assertions are the furthest thing from the truth. 1 his
matter has nothing to do with Jonathan Davidoff, and I actually take offense at such allegations.
I have no personal interest, and actually no professional interest in anything that relates to Mr.
Grieco. Furthermore, I have no intention on seeking compensation in this case for myself or for
Mr. Powell. This matter has absolutely nothing to do with me and only has to do with Mr.
Grieco's actions.
I f you have any questions, please do not hesitate to contact me at 212-587-5971.
Jeremy Powell
Michael Grieco, Esq.
Markenzy Lapointe, Esq.
T H E FLORI DA BAR
JOHN F . HARKNESS, J R.
EXECUTIVE DIRECTOR
RTVERGATE PLAZA, SUI TE M- 1 00
444 B RI CKE L L AVENUE
MI AMI , F L 33131- 2404 305/ 377- 4445
WWW.FLABAR.ORG
January 11,2008
Michael Christopher Grieco
Attorney at Law
80 SW 8
t h
Street
Suite 1900
RE: Complaint by Jeremy Powell against Michael Christopher Grieco
The Florida Bar File No. 2006-71,156(11M)
Dear Mr. Grieco: ^
Please be advised that pursuant to Rule 3-7.4(h), Rules of Discipline (attached herewith), the
Grievance Committee wi l l consider this matter without a hearing. Possible violations of the
following rules, and other rules deemed applicable wi l l be considered:
Rules 4-1.7; 4- l . l l ( d) ; 4-3.4(h); and 4-8.4(e) of the Rules of Professional Conduct.
An index reflecting materials which wi l l be considered by the Grievance Committee as well as
the materials themselves are enclosed herewith. Please be advised that this file was previously
noticed for hearing on October 5, 2007 and the only new exhibits referenced on the index
are nos. 4 and 5. Should you wish to present a written statement to the Grievance Committee
pursuant to Rule 3-7.4(h) Rules of Discipline, please provide same to me no later than January
22, 2008.
Very truly yours, . / ,<y-Y <
: 1
/
Enclosures
cc:
Jonathan Marc Davidoff, Esq. Attorney for the Complainant (w/ enclosures)
Rule 3-7.4(h) Rights and responsibilities of the respondent. The respondent may be required to
testify and to produce evidence as any other witness unless the respondent claims a privilege or
right properly available to the respondent under applicable federal or state law. The respondent
may be accompanied by counsel. At a reasonable time before any finding of probable cause or
minor misconduct is made the respondent shall be advised of the conduct which is being
investigated and the rules which may have been violated. The respondent shall be provided with
all materials considered by the committee and shall be given an opportunity to make a written
statement, sworn or unsworn, explaining, refuting, or admitting the alleged misconduct.
List of Members of Grievance Committee (11M)
(Pursuant to the requirements of Rule 3-7.4(a), the following is a list of the
members of the Grievance Committee considering this matter)
Joseph W. Downs, 111., Esq.
Luis Michael Garcia, Esq.
Merci Restani (N/L)
Olga M. Zamora(N/L)
Chair Markenzy Lapointe, Esq., Vice-Chair
Shin-i Lowe, Esq.
Lucille Evans Uhner (N/L)
Randy S. Ginsberg, Esq.
Index of Materials to be Reviewed
1. Complaint by Jeremy Powell received April 20, 2006.
2. Response letter from Michael Christopher Grieco dated July 5, 2006.
3. Report from Investigating Member dated October 2, 2007.
4. Letter from Respondent dated October 11, 2007.
5. Supplemental Report from Investigating Member dated December 18, 2007.
2003 10:42AM
MI CHAEL C. GRIECO
ATTORNEY AT LAW
Mo. 8 4 7 1 P. 1
2/8/08
The Florida Bar
C/O William Mulligan
Rivergate Plaza. Suite M-100
444 Brickell Avenue
Miami, FL 33131
RE: Complaint of Jeremy Powell
File No: 2006-71
f
156 (11M)
Dear Conmiittee,
I am writing this letter of admission in an effort to resolve this matter short of a hearing
or consent judgment, and I am respectfully requesting that the committee's finding of
probable cause be reconsidered.
The main point that I can hang my hat on at this juncture is that I did not try to hide my
position and/or feelings regarding this matter. There are very few facts in dispute and it
appears that the issue of contention is simply fundamental. I felt like I was doing the
right thing. As 1 told the State Attorney's adrniriistrators, the investigator for the Florida
Bar, and this committee in my formal response, the fact that Mr. Parker was acquainted
with me was not the reason why I approached supervisors to independently review the
case. Whether the defendant was a stranger or any enemy, my actions would likely have
been the same. I thought I was doing what a diligent prosecutor is supposed to do,
achieve the proper and just result. A charge involving a principal count to a specific
intent crime does not hold water and should not have been filed. The case was eventually
dismissed substantively, but only after a defendant was unnecessarily taken to jail and run
through the judicial system for six (6) months. I had seen the "system" fail many people
over my career, and my faith in it wavered. I thought my actions were consistent with
my training and education. 1 never intended to violate my oaths as a prosecutor and
member of the Bar, both of which I take very serious and keep framed on the wall of my
office still My actions in this matter were all above board and I feel strongly that my
candor then and now should count for something.
I will never admit to making any improper request of the detectives the night of our
contact, nor will I make any admission that I intended to represent Mr. Parker after my
departure from the State Attorney's office. Both allegations are ludicrous^ impossible,
and are inconsistent with both my admissions in this matter and my other actions. As
stated previously, I obviously have regrets in putting myself in a position to have certain
Live. No. 8 4 7 1 P.
allegations made agamst me, but I have also tried to be as candid as possible throughout
this process in explaining things.
This matter has been a great burden on me. Since the original complaint was filed with
the State Attorney (no action taken), these allegations have affected me. The Bar
complaint, which has now been looming for over a year and a half, has placed a great
stress on my life throughout. Having my integrity questioned, even informally, is new
territory for me and this experience has obviously been very trying. Any formal and/or
public action by this committee would be duplicative and I feel I have been punished
sufficiently by this process. Deterrence is not an issue and I have treated this as a
learning experience. As I am not now, nor will ever seek a return to prosecution, any
concern for similar future action is unnecessary. Years have past since this incident and I
have taken great strides to further my career and open my own law practice.
I thank me committee for its time. I f the decision is made to disregard this request for
reconsideration, I respectfully ask that committee consider an alternative resolution that
does not involve public reprimand, suspension, or sanctions that would affect my ability
to continue with my practice without interruption or further detriment.
J
' Michael C. Grieco
Michael C. Grieco
800 West Avenue, #544
Miami Beach, FL 33139
William Mulligan, Bar Counsel
The Florida Bar
444 Brickell Avenue
Miami, FL 33131-2404
July 5, 2006
Dear Mr. Mulligan,
My name is Michael C. Grieco and I am drafting this letter as a response to your letters dated
May 24 and June 29, 2006, as well as a response to the complaint filed by Mr. Powell
through counsel. As to the timeliness of my response, I wish to point out that I am no longer
employed by the Dade County State Attorney, no longer receive mail there, nor does the
office forward any correspondence to my current addresses. I am now writing upon
immediate receipt of your June 29 correspondence.
I am a six-year member of the Florida Bar in good standing. I spent my first five (5) years of
practice with the Dade County State Attorney, followed by a three-month period in private
practice, specifically construction litigation. I returned to the State Attorney in May 2005
and then resigned in April of 2006 to again return to private practice. I have only received
one (1) prior bar complaint [File No 2004-71,404(1 I A) ] , and said complaint was summarily
closed in my favor.
I have reviewed Mr. Powell's statement and have not retained counsel for purposes of this
inquiry. Though I do possess some direct knowledge of some of the matters involved, most
of the issues raised involve information I have obtained either second or third hand. The
current complaint mirrors a previous complaint filed against me with the Dade County State
Attorney's Office while I was in its employ. This matter was investigated, no wrongdoing on
my part was found, and no action was taken against me administratively or criminally.
I wish to begin by stating that I do not know Mr. Powell. I do understand that Mr. Powell
was involved in an incident during the early morning hours of November 24, 2004. At the
time of incident I was in New York as it was the week of Thanksgiving. I received a phone
call while in New York from Elijah Parker on November 24 during daylight hours. Mr.
Parker is a friend of mine and prior to his arrest in the current case, had no criminal history.
Mr. Parker explained to me that he was involved in an incident in front of a nightclub on
Miami Beach. He explained that he had an ongoing dispute with Mr. Powell regarding Mr.
Parker's girlfriend and Mr. Powell. I explained to Mr. Parker that as a prosecutor I cannot
maintain any privilege regarding our conversation and i f he admits any criminal liability I
would be forced to report his statement. With that understanding, he recites his version of
the incident. His version involves Mr. Powell being struck in the head by an Ariel Guivas
after Mr. Powell pulled a metal object out of his pocket. Prior to these events, I did not know
Mr. Guivas other than from recognition and possible introduction. Mr. Parker maintained
that at no point did he come in contact with Mr. Powell in any way. Mr. Parker admitted to
being present and also admitted to fleeing the scene after Mr. Powell was kicked. Mr. Parker
informed me that he was afraid and did not know what his options were. I explained to him
that regardless of his limited funds, he needed to retain private counsel. I explained that he
could report to the police station to explain his situation, or in the alternative, the Miami
Beach Police would likely bring him in for questioning. Our conversation then ended and I
returned to Miami the following week.
The following Wednesday, December 1, 2006,1 was playing pool with my girlfriend and a
third woman after dinner. The billiards establishment is located one (1) block away from the
Miami Beach Police station. I received a distressed phone call from Mr. Parker explaining
that he was not in City of Miami Beach and he just received a phone call from a Miami
Beach Detective. Parker explained that the Detective requested he turn himself in for arrest
regarding the incident on November 24. I advised Mr. Parker to follow the Detective's
instructions and I would attempt to call a few defense attorneys in the interim. I made
2
attempts to telephone a few criminal defense attorneys whose private numbers I kept, but I
was unsuccessful due to the late hour. Mr. Parker is a large man with numerous visible
tattoos and I was unaware i f he had consumed any alcohol that evening. I had concerns for
his safety and a peaceful surrender. Also, knowing his arrest was imminent, Mr. Parker was
very reluctant to return to Miami Beach. I convinced him to drive to my location. I
contacted the detective at his office and asked i f he would meet me and take Mr. Parker into
custody. Though I was acquainted with Detective Ramos' wife, as she was an Assistant State
Attorney as well, I did not know this detective nor did I know his wife was a prosecutor. I
identified myself to the detective, clarified that I was not calling in any official capacity, and
then explained my recent call from Mr. Parker. The detective agreed to meet me at my
location at Washington Avenue and 13
t h
Street.
Detective Ramos and his partner arrived at my location well before Mr. Parker. The
detectives advised that the codefendant, Mr. Guivas, had already been taken into custody. He
was never referenced again in the conversation after I explained that I did not know Mr.
Guivas personally. They stated they knew who I was and asked me what I knew both about
the incident and Mr. Parker's location/intentions. I explained what I knew and also asked
what information the arrest was being based on. I also made myself abundantly clear that I
had no intentions of interfering in Mr. Parker's arrest and was not asking these detectives to
grant any special treatment because Mr. Parker was an associate of mine. I then received
another phone call from Parker while in their presence. While the detectives listened, I again
demanded Mr. Parker come to our location. Mr. Parker advised that he was near and would
be bringing a list of witnesses he compiled. I hung up the phone and relayed all information
to the detectives. Mr. Parker soon arrived and I stepped away, allowing the detectives and
Mr. Parker to speak privately. The group concluded the conversation and the detectives
informed me that they were going to delay the arrest and further investigate the matter by
interviewing the additional witnesses.
The following day I reported the entire evening's events to my supervisor(s) at the State
Attorney's office. That same day I received a voicemail on my office phone from attorney
Jonathan Davidoff. Mr. Davidoff is a former Dade County Assistant State Attorney whom I
3
have been acquainted with over the years. I can speak of no animosity between the two of us
that I am aware of. I returned Mr. Davidoff s call by cellular phone and we eventually spoke
after a few missed calls. He seemed very angry with me and berated me for my actions the
night before. I asked him what his involvement was in the matter and he explained that he
represented Mr. Powell's civil interests from his New York office. He explained that Mr.
Powell would drop the criminal charges i f Mr. Parker and Mr. Guivas would pay a certain
dollar amount for current and future medical bills, as well as pain and suffering. I explained
that though I am aware that Mr. Parker is of limited means, I was not the proper person to
make this phone call to. I also explained that I do not know Mr. Guivas and my limited
knowledge and involvement in this matter involves Mr. Parker. I explained that Mr. Parker
wi l l likely be represented by the Public Defender's Office i f arrested and Mr. Davidoff is
more than welcome to make his improper offer to them. I then asked/demanded that Mr.
Davidoff refrain from further efforts to contact me regarding this matter. According to then
Assistant Public Defender Shara Kobetz-Peltz, Mr. Davidoff made several phone calls of
similar tone and substance to her during the months following Mr. Parker's eventual arrest. I
do not know how much time expired until the next I heard of this matter (i.e. weeks, months,
etc).
The next I heard of this incident was when Mr. Parker informed me that he agreed to provide
the State Attorney's Office with an unrepresented sworn prefiling statement. He provided a
statement and soon after was arrested as a Principal to Felony Battery. Around the same
time, I spoke with criminal defense attorney Robert Reiff. Mr. Guivas retained Mr. Reiff, as
was explained to me, through his family contacts. Mr. Reiff is well aware of the post-arrest
history of this case and is also aware of my lack of acquaintance with Mr. Guivas. An
information was filed against Mr. Parker in February of 2005 in front of Judge Rosa
Rodriguez. Mr. Parker's arraignment happened to fall on my last day as a sworn prosecutor.
I had provided notice of resignation weeks earlier to pursue a civil position i n an Aventura
construction litigation firm. I attended the arraignment merely as an observer and to ensure
that the Public Defender's office was properly appointed. I stood in the back of the
courtroom and did not interact with any courtroom staff. Though allegations are that I
attempted to file a Notice of Appearance in Mr, Guivas' case (I never attended that
4
arraignment and he was represented by counsel Reiff), I also never made such effort for Mr.
Parker. Mr. Parker indicated to the Court that he would be retaining private counsel and
gestured towards me. Immediately after the hearing, I reiterated to Mr. Parker that I could
not and would not represent him. Not only did I have no intention of practicing criminal
defense, but he had already involved me as a witness by speaking to me about his case. I
took a meeting that same day with another State Attorney supervisor to clarify that I had no
intention of involving myself in the Parker matter. I did use this meeting as an opportunity to
ask the Assistant Chief to look into the viability and propriety of the prosecution agamst Mr.
Parker.
The next I heard of any updates was after my return to the State Attomey in the summer of
2005. Mr. Parker's Assistant Public Defender informed me that she had deposed Mr. Powell,
and based upon his admission that Mr. Parker never touched him, she intended on riling a
Sworn Motion to Dismiss. The motion was filed, and based upon my conversations with
Assistant State Attorney Michelle Roth (months later), the motion was reviewed by the
assigned prosecutor as well as herself as the supervising division chief. The determination
made was that the motion was well taken as to Mr. Parker and the case should be dropped. I
was informed that the assigned prosecutor failed to respond to the motion or drop the case,
forcing Judge Henry Leyte-Vidal to dismiss the case procedurally. I had never met the
assigned prosecutor prior to his resignation from the State Attorney and do not even recall his
name. My understanding is that at some point after Mr. Parker's case was dismissed, Mr.
Guivas' case suffered a similar fate. I do not know who the assigned prosecutor was nor do I
know the specific circumstances surrounding the case's dismissal.
I understand that Mr. Powell received substantial facial injuries arising from the 11/24/04
incident. I empathize with him and his frustration with the criminal justice system. He
deserves his pound of flesh and I understand how he would be concerned i f Mr. Guivas' case
was dismissed due to error or oversight. I barely knew whom Mr. Guivas was before this
case, and still barely do. I do not blame Mr. Powell for being upset, but making baseless and
mistaken accusations against me is counterproductive. It further concerns me that there is an
attorney seemingly pulling the strings on this complaint in an effort to besmirch and attack
5
me both personally and professionally. I do not know what Mr. Davidoff s motives are, but
the tenor of his conversations with all involved, as well as the tone of his letters to the State
Attorney and in numerous online bulletin postings, exhibited a questionable level of
professionalism and an agenda I am unaware of nor wish to speculate about. It appears to me
that Mr. Powell neither signed nor drafted his own complaint. The complaint appears to be
the result of the cutting and pasting of several previous letters filed with the State Attorney.
Efforts are being made to twist facts and parties in the complaint to suit the complainant's or
complainant's attorneys' goals. Mr. Davidoff knows that Mr. Guivas' criminal case was the
only viable one of the two codefendants'. Davidoff is also well aware by now that Mr.
Parker was my friend and not Mr. Guivas. Since Mr. Parker's case was reviewed and
dismissed properly, I am simply being attacked regarding a defendant I barely knew and
never involved myself with during this entire ordeal.
I considered this matter closed for some time now, and having to address these issues again
causes me great concern. I wish to stress that prior to the allegations by Mr. Davidoff and
Mr. Powell, I had minimal contact with Mr. Guivas, and then only through mutual
acquaintances. I did not even know this man's name until the incident in November 2004.
The numerous references in the complaint regarding my involvement with Guivas' arrest and
case are completely inaccurate, inaccuracies that can be confirmed by both Mr. Guivas and
his counsel Mr. Reiff. I have never spoken on the man's behalf, and had no knowledge of
the status of his case until the administrative complaint was filed.
I apologize for my longwinded response, but I wanted my description of events and response
to the allegations to be as comprehensive as possible. I appreciate your attention to this
complaint and look forward to an expeditious resolution to this matter. I can make myself
available at any time for follow-up conversations and/or correspondence.
Sincerely,
Michael C. Grieco
6
-1/
Michael Christopher Grieco The Florida Bar File No. 2006-71,156(11M)
TO ATTORNEY-RESPONDENT
Rule 3-7.1, of the Rules of Discipline, provides as follows:
Rule 3-7.Kg). Notice to Law Firms. When a disciplinary file is opened the respondent shall
disclose to the respondent's current law firm and, i f different, the respondent's law firm at the
time of the act or acts giving rise to the complaint, the fact that a disciplinary file has been
opened. Disclosure shall be in writing and in the following form:
A complaint of unethical conduct against me has been filed with The Florida Bar. The nature of
the allegations are 5C~ ATThCfttts- This notice is
provided pursuant to Rule 3-7.1(g) of the Rules Regulating The Florida Bar.
The notice shall be provided within 15 days of notice that a disciplinary file has been opened and
a copy of the above notice shall be served on The Florida Bar.
For your convenience we have provided below forms for your use in notifying your present law firm and,
where appropriate, prior law firm or, in the alternative, certifying that you have no law firm affiliation
and/or had no such affiliation at the time of the acts giving rise to the complaint. You should provide us
with a copy of all forms applicable to your case, together with your written response to the complaint.
While it is up to you to state the nature of the charges in the notice, we suggest that you merely attach a
copy of the complaint.
A complaint against the undersigned has been filed with The Florida
(see attached). This notice is provided pursuant to Rule 3-l7l(g)<t>f
The nature of the charges are
Regulating The Florida Bar.
date /
L CHRISTOPHER GRIECO
CERTIFICATE OF DISCLOSURE
I HEREBY CERTIFY that a true copy of the foregoing disclosure was furnished to:
JjA-j)(T foor'TY SrtfTF ATTbê^l- with which I was affiliated at the time of
the act(s) giving rise to the complaint in The Florida Bar File No. 2006-71,156(11M)
CERTIFICATE OF DISCLOSURE
I HEREBY CERTIFY that a true copy of the foregoing disclosure was furnished to:
fsrfv)$ M
/
6DW7/AJ with whom I am presently affiliated.
RECEIVED
JUL 0 7 2006
Tr FLOWDA %Nk - MIA
LCHAEL CHRISTOPHER GRIECO
ARE YOU CURjRENTLY AN ACTIVE OR RESERVE MEMBER OF ANY OF THE UNITED
STATES ARMED SERVICES OR THE NATIONAL GUARD? YES NO S
APR-1B-Z006 12:31PM FROM-
7-454 P.001/001 F-1B1
The Florida Bar
inquiry/Coiaplairit Form
Hease carefully review this iaqizirg/enrnpl^nr.t. fbrm once yau have inckuiad sll information. Note that
there is a reOTrireinent for you, to sxarate Qgcuh. eithe end of this form, False statemerrte mads m bad
feith or-with BaaiicB may rabjecfc you to civil or
m
'
yn
nv'! IjshlBty. Further iofsrjiiaMmi may be found in.
the pmsphiet
a
Qompfeiafc Against A Horida Lawyer?"
' Hesse thoroughly review the Bar's Pamphlet "Complaint Agahast a !Flnrida Lawyer"
V/ . " . O JKEPOBE fxffing otit this fan*!
Yoar Nama: U&^Wtj Yc^&ft What is theSBXbfe and acldraas of tiua attorney thatig thfi
ort^jâ*- ^ "Sin *S feKS-
Telephone:
Do yon haVH aa attorosy representing you ia thia
"YJUS' No
If yea, give ybvr sttornmâ name aa& address.
Name;
Andreas: //b fafflS* / forty gv)^g Sco
Telephone:
DESCRIBE TOrm CaMHUON^ EBOvTQB DATBS AHB OP I2MBDMISCfmnK2T
(USE a asparats sheet if necessary, 33o not write cm tiw bads of this fnrrai)
Xltador-psnalty of perjury, I dadare the fbregoiofj feats sra
BETUEN TO THE I^GKIB&BAE
DEPAKTMKNT OP LAWYER HEGULATION
D Innpa Airport ManlcU;
Tampn,F1.33an
D BBUNLOntngBAiw.
Suits 200
O CjTJrcuFbmnrifll Ctr.
5900 N, Awiicws Ave.
SniuSSS
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Si.
32203
HJrergatH Fius
U4 BtWttU Ana.
MmmLPLaaaSi
C3 H0Apab*h*BFkwy.
Tallahaanm, FL
I was the victim of a November 2004 attack by Ariel Guivas and Elie Parker
but their cases were inappropriately dismissed when the State Attorneys
5
Office
failed to file certain documents. Thi s complaint of Mike Grieco has nothing to do
merely allegations.
with the case.
detective not make the request. Mr. Davidoff inquired as to if Mr. Grieco was. the
Ramos stated that he was calling Mr. Davidoff because Mr. Guivas was Mr.
Detective Ritmos said he was going to give Mr. Grieco Mr. Davidoff's telephone
case.
occurred on Mr. Davidoff's cellular phone, 786- 299- 4722, and Mr. Grieco's
cellular telephone, 786- 236- 2396.
Mr. Davidoff later found out that Mr. Grieco vâs using a cellular telephone that
left the SAO.
2
I was shocked to iearn that the above captioned case was dismissed by the Court.
! was informed by the ASA handling the case that I would be required to appear
Davidoff and Detective Ramos. Additionally. Mr. Grieco's behavior is unbecoming
of an ASA and violated my rights as a victim. I have included a copy of Mr.
review.
Guivas. 1 am part of the people, so he had a conflict when he got involved with
the case.
3
s
121 S.W. i2ih Street Miami 33126 | (305) 358-3095 | u ^ - v G < w
>1 3 Ocean Drive (Fat Tuesdays) Miami Beach
FL
33139 ; Eartsndsr IMiarai, Florida

! '"C.Sl S. TfilViJi U.-'i-HI* rTr-i4.,'J r--,t<:,i'r-
j Multiple tattoos on anus
1 Oct. has CunCi.arad
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A.r-.?f! Lc':;;:>'--r ii-'T'ilr!; VIVTI? hissings*
918 Ocean Drive
I For Robbery, Burgtery. r/A r>
j Viol: Suspected History ol I
j drug involvement? JTJ NO
ha Cuifss Ci&trtui i iniKifcntc ol Drue-: j ini.-ue-rice ci Aieafi. j Cfesensiup
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Q At Large D Misdair.eanar
D H U G A C T I V I T Y S. Si ! !
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H. HalHrcinogc-r. p. Pii/ephernniia--
M. Mangunna Equipment u. Unkno-.'.n
Q. Qpturn-Lferv. 5. Synthetic Z. Oliver
3FGWAL:
100 150 D200 0250 Q300 400
Felon? Battery
{" Activity ; iv\zs Counts! STATUTE
784.041
AGO CAPIAS GKVV DFW QPWpGITj/
VfOlji HOW O
24 Wov ember 2004 4^-0 m n it
A.M. P.M.
L
"
J _ _ _ .
OF Tt-JF f..'"'OE
.'hi'f'.'l.
19th Street & CoUim Avenue
iTime}
.onnnilled tiia lotlo-.ving viDlalion of law: Narrative; (Be speciiicj.
. . (Lccaiion, ir^tude name oi business)
Victiai stated that he -was approached by ihe Be aad a second male at
9 Street & Collins Avenue. Hie De and a second male began threatening him. The victim became scared and piilied out
bottle opener in order io defend himself if need be. Hie Def. slapped it from his hand, and aecoroing to aa
idependeat witness, 7?han ihe victim bent ovai" in an attempt to raco%
j
er ihe bottle-opener the Def. kicked the victim
i the face. Ine victim iell to the ground unconscious. Ihe Def. fied the scene in a silver VW. . The second male fled on fH<->+
he victim provided me with rhe Def.'s name and place of emplo^'meaL The Def. admitted to being present during the incident
it stated nothing else. The. victim suffered frotn cramofactal trauma, a closed head- injury, pastconcusisiofl
PAGE: _ O F _
Id lor Other Agency
?ncy Vsi/ted by
5-.-.oar thai Hie above Statement is ccrreci arsd true to U:G besl ol my
Ramos
::Sr'E Sidn.ilurs
BPD '
07S
Court I D fiiiiTiftEr UJ C. Cods
I I HOLD FOR BOND HEARING. DO NOT
BOND OUT lOllicer Musi Appear at
' Eond Hearing).
S-.vorn to and subscribed before me, the unciersioned
1st
authority, this
December
I understand mat should I -vrftfuiiy ieii to appear btfor^ ihe court as fsqisftc
by tnis notice to appear that i may ba ns!d in contempt c.t ccuri arrd a :\'.v!:in
tar tm srresi shall be issued. Furthermore. I Ecre& that notice ccr.cerr.ir.g
the tim. -date. End piace cl all court hearings should be se*r '.a the above
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Michael C. Grieco
80 SW 8
t h
Street
Brickell Bayview Center
Suite 1900
Miami, FL 33130
(305) 857-0034
(305) 856-7771 (fax)
William Mulligan, Bar Counsel
The Florida Bar
444 Brickell Avenue
Miami, FL 33131-2404
October 11,2007
Dear Mr. Mulligan,
I am writing you and the Grievance Committee in response to your October 5, 2007
correspondence and pursuant to Rule 3-7.4(h). I wish to have this response letter and my
July 5, 2006 statement (Exhibit 2) included in the materials to be considered by the
Committee. I have not retained, and at this time, do not intend to retain counsel for this
matter. I take this grievance very seriously and I hope that my choice to represent myself is
not viewed as contradictory to that position.
Over the last three (3) years, since the commencement of the initial incident at issue, I have
been nothing but forthcoming. I have never lied, misrepresented, nor omitted any material
facts regarding this matter, and I challenge, under oath and penalty of perjury, anyone to state
different. I even sought out my supervisor the morning after my contact with the Detectives
involved to ensure that there were no issues regarding conflict or impropriety.
Initially, I have some major concerns regarding the witnesses that were not interviewed
during the "investigation." I do not know if their lack of consultation was a deliberate choice
by the investigator, but I have made it clear throughout these proceedings that these
witnesses have information essential to a thorough and fair understanding of the facts and
circumstances involved. When I voluntarily met with Mr. Lapointe, he was provided with
the names of witnesses and parties that would corroborate my accounts and contradict many
of the allegations made against me. According to Mr. Lapointe's memorandum dated
October 2, 2007, not one of said witnesses has been interviewed. Specifically, I provided
Mr. Lapointe with the following names: Shara Garber Kobetz-Pelz, Assistant Public
Defender representing Mr. Parker; Robert Reiff, attorney for Mr. Parker's codefendant; ASA
Michelle Roth, supervisor and Division Chief responsible for Mr. Parker's case; ASA Jose
Arrojo, Assistant Chief and supervisor consulted by myself at the beginning of this matter;
ASA Frank Ledee, my direct supervisor consulted the day after my contact with Detectives
Ramos and Morgalo; ASA Abbe Rifkin, character and ethics source as well has personal
knowledge of facts and background of J. Davidoff. Besides myself, the only witnesses
interviewed are those whose positions and/or statements are adversarial to my own. I am
formally requesting that this matter be considered with a Grievance Committee hearing, or in
the alternative, that a stay be granted for Mr. Lapointe to complete his investigation and
interview the listed witnesses.
I have previously provided my statement of facts. In an effort to not be duplicative, I wish to
briefly highlight the following facts/responses applying to the major issues raised by Mr.
Lapointe's memorandum, which I am swearing to below:
- I never misrepresented my relationship with Mr. Parker to the Detectives involved.
To the contrary, their stories do not hold water since I was receiving and making calls to Mr.
Parker on my cellular phone in the officers' presence. The time elapsed between the initial
phone conversation with Detective Ramos and his arrival to my location was a matter of
minutes. I made my relationship with Mr. Parker clear from the moment I contacted
Detective Ramos (via his MBPD office phone), and continued to reiterate said relationship
before and after Mr. Parker's arrival on the scene. I was convincing him (Parker) to surrender
2
throughout and it was the Detectives' independent decision to forgo arrest until further
investigation. I can only speculate as to why their position changed as to reasoning or facts,
but I am sure that their supervisor did not agree with their decision to wait and they needed a
scapegoat. It would be incomprehensible that any ASA, on or off-duty, could prevent an
arrest if the decision to do so was already made by police. I cannot make it any clearer that
my intentions on that night were purely innocuous, as I only wished to assist in the peaceful
surrender of Mr. Parker. I never interjected myself into what was a completed investigation
and continued to remind the detectives to not do me any favors just because of my position
and relationship with the defendant. Please review my original statement of facts for more
specifics.
- I never advised Mr. Parker to invoke his 5
t h
amendment right from self-
incrimination. He never invoked the 5
t h
, an inaction consistent with my not advising him to
do so. The first night he encountered the detective, Parker spoke to them (outside my
presence). When Mr. Parker was contacted by the Dade State Attorney Prefile Unit Attorney
Jane Hyde about giving a voluntary statement, he asked me what my advice was. I told him I
could not give him legal advice, but I could refer Mm to several attorneys if he wished to be
represented for the process. Mr. Parker then spoke to the Dade County State Attorney
without counsel.
-When I resigned from the Dade State Attorney in 2005, I did so honorably and after
satisfying my 3-year commitment. The office provided me with an ASA badge-embossed
plaque and I was even invited to return to my prosecutorial duties only months later. Upon
my return, I was promoted to a Division Chief position, which I maintained until my
subsequent resignation in 2006. But for a minor violation of office policy in 2001, my
personnel file (a copy of which I obtained in 2007) contains only letters of commendation
and neutral adrninistrative paperwork. Violating the office policy of an elected official and
participating in improper conduct are two very different things and I take great issue with
both Mr. Horn's statements and Mr. Lapointe's inclusion of them in his memorandum.
These statements are misleading and irrelevant to the issue at bar.
3
- I have always appreciated the conflict of interest concerns the moment I allowed
myself to get involved in this matter. I do think that I did something wrong and
expressed that position to Mr. Lapointe. The thing I did wrong was to put myself in a
position to have allegations of impropriety be made against me. As an Assistant State
Attorney, I have never deliberately acted contrary to the interests of the State, Criminal law
is not a purely adversarial process. The prosecutors are the gatekeepers to justice. This is a
credo that I lived by more than a majority of my colleagues. The citizens of the County and
State are the Plaintiffs in criminal court, but the duty of an ASA is to ensure that justice is
achieved. Justice does not mean that an ASA always needs to win and/or believe every word
that comes out of a witness' or police officer's mouth. I felt that the allegations against Mr.
Parker were wrought with falsity and openly presented this position to the supervisor of the
case's assigned division (Jose Arrojo) while discussing my previous contact with Detective
Ramos. I did not slyly approach the ASA handling the file nor did I obtain any information
about the case that would be considered attorney work product or privileged. Any
information I obtained on this case was provided, unsolicited, by Mr. Parker's Assistant
Public Defender or by Robert Reiff.
- I never intended, nor attempted, to represent Mr. Parker in his criminal case. Since I
was about to begin a position with an Aventura construction litigation firm in March of 2005
(the reason for my resignation), I could not and would not have represented him in his case. I
can understand why, based upon what occurred at Mr. Parker's arraignment (please refer to
my original statement of facts), Mr. Bowman would think or conclude that my intentions
were to represent Mr. Parker. Later that day, myself, Mr. Bowman, and Mr. Arrojo discussed
the issue and I clarified that though I felt strongly about the impropriety of the prosecution, I
could not and would not represent Mr. Parker.
I wish to reiterate that the serious nature of these proceedings and allegations is not lost on
me. As a sole practitioner with others to support, I have been anxiously awaiting appropriate
closure to this matter. Though I loved being a prosecutor, I have also learned that the political
structure that comes with the position is sometimes not conducive to my personality nor my
4
idea of justice. As a result, I do not intend to return to public service formally and have
directed my philanthropic energies to non-profit and volunteer work.
I truly hope that my statements are not disregarded by the committee and that this matter is
resolved fairly and even-handedly.
STATE OF FLORIDA)
COUNTY OF DADE)
BEFORE ME, the undersigned authority, personally appeared MICHAEL C.
GRIECO, ESQ. who, upon being first duly sworn, and presented N/A as
identification -or- who is personally known to me, acknowledged before me that he is the
individual signing the above Verified Complaint.
WITNESS my hand and official seal, at _, County of Miami-Dade,
Florida, this \7f day of @J-. , 2007.
', State of Florida
Printed Name: AVtGT&S S
Commission Number:
My Commission Expires:
1 ) 2 R \ *
5

Florida Bar V Michael Christopher Grieco

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