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Yavorcik’s ties to Goldberg revealing



Published: Sun, October 26, 2008 @ 12:00 a.m.

By Bertram de Souza (Contact)


By Bertram de Souza

If it is true that if you lie down with dogs you get fleas, then Atty. Martin Yavorcik, an independent candidate for Mahoning County prosecutor. should be worried about infestation.

Yavorcik, who is conducting an aggressive campaign against Prosecutor Paul Gains, the Democratic nominee seeking his fourth, four-year term on Nov. 4, has a business relationship with one of the more infamous disbarred lawyers in the Mahoning Valley, Richard Goldberg.

Just the mere mention of Goldberg’s name brings to mind one of the darkest periods in this region’s criminal justice history.

Goldberg is a convicted felon, having served 51 months in federal prison after pleading guilty in August 1999 to defrauding 23 clients of at least $4.4 million between 1993 and 1999. Before his fall from grace, he was one of the leading medical malpractice lawyers in the state of Ohio. His lifestyle — a huge collection of antique cars and floor-length mink coats — was a testament to his success.

But federal prosecutors showed him for what he truly was, a despicable human being who cheated clients out of their malpractice settlements.

When he was released from prison in October 2003, he was placed on three years’ probation by a federal court and ordered to make restitution of $4.4 million to his clients.

He was permanently disbarred on Feb. 27, 2002.

State charges

Goldberg subsequently pleaded guilty in February 2005 to 29 state charges of engaging in a pattern of corrupt activity, theft and forgery. However, a 15-year prison sentence was suspended and he was placed on five years’ probation.

What does all this have to do with Yavorcik?

The following transcript of a tape recording made Oct. 16 during the 7th Ward Citizens Coalition Candidate forum provides the answer:

“This question is for Marty Yavorcik. Is Rick Goldberg, does he work at your office, or is he on your payroll? Do you have any affiliation with Rick Goldberg?

Yavorcik: I represented Rick Goldberg. He was illegally being held after he served a six-year sentence. I freed him through a writ of habeas corpus in the United States District Court, which Paul’s office fought me on. He does not work for me. He is not on the payroll. He’s an independent contractor, and he works for many lawyers.

Gains: Does he have an office in your, in your suite, Marty? Does Mr. Goldberg have an office in your suite?

Yavorcik: No.

Gains: He doesn’t answer your phone?

Yavorcik: Oh, I don’t know if he answers the phone. But he doesn’t have an office.

Gains: Does he have access to the telephone if you’re not there?

Yavorcik: Sure.

Gains: Does he? OK. So he does share office space with you? He’s an independent contractor that shares office space with you?

Yavorcik: He does not share office space.

Gains: Does he use your office?

Yavorcik: He comes to the office, yes.

Gains: Every day?

Yavorcik: Not every day. He comes to the office.

(Questions on other topics are posed, and then Yavorcik is again asked about Goldberg)

Male speaker: Mr. Goldberg has stated he does the majority of the legal research in cases, write-ups in your office. So is he mistaken, or are you?

Yavorcik: I never heard him say that. So ...

Female speaker: I did.

Yavorcik: Who?

Female speaker: He told me that, that he spends 70 percent of his time downtown in your office. I have called there. He’s answered the phone, and he negotiates injury cases for you. Can we explain that?

Yavorcik: He, he is an independent contractor, and I have used his services. He doesn’t work for me. He stops in on ... the files that he’s hired to work on, he works on, and he doesn’t have any direct contact with any clients.

Female speaker: If he’s hired to work on them, then he works for you, correct?

Yavorcik: No. It’s a, it’s a consultation. He doesn’t work for me.

Does it matter that an individual who wants to be the county’s chief lawyer has a business relationship with a disbarred lawyer who is a convicted felon?

The answer is a resounding yes.


Comments

1sue(169 comments)posted 5 years, 9 months ago

It seems to meet that Goldberg would be practicing law without a license if he is negotiating cases on behalf of another attorney. Some agency should investigate this issue.

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2Mahcntyvoter(30 comments)posted 5 years, 9 months ago

Sounds like Gains is hanging around Randall Wellington too much. Get over it. If the man is good at investigating cases and obviously knows the legal system. Then I would hire him too. Gains office had a guy by the last name of Villani who illegally put a civil stalking order against me saying I was served and didn't show up for court. I was never served and never even knew who the girl was or ever heard of her until I got the order in the mail. Turns out she wanted to get me put in jail for dating her ex-boyfriend. This girl was so sad and she knew the legal activity going on in the prosecutors office and that her relative would do this for her. He did not get reprimanded by gains for this. Later on another issue one of the judges got him in trouble for lying in court. And to top it off there are stil Villani's working for the prosecutors office. Then later I found out that the sheriff's dept "let go" the deputy that was trying to serve me because he would not lie on a legal document and state that he served me when he didn't. This girl was sick and really was trying to destroy my life for no reason. I had multiple problems with my car getting keyed, food on my car. My tires flattened and harrasment at work. Food or beer thrown on me while I was out after all this. It was never ending. But when I file complaints against her no one can do anything? There is a problem here when your prosecutor can pick and choose who he prosecutes. And has control over other places in the county and who they can prosecute. Paul Gains needs to go and now is the time. I don't think Golberg ever tried to put an innocent person in jail and helped someone stalk them. I'd rather have someone take money from me than flat out think it is okay to destroy my life by helping put me in jail because some crazy girl can't keep her boyfriend.

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3misunderstood(1 comment)posted 5 years, 9 months ago

"He’s an independent contractor, and he works for many lawyers." This is so true, Gains acts like Goldberg is associated with Marty and no one else.

The bottom line is that the Mahoning Valley is notorious for crooked officials this is nothing new. Gains fits the profile like everyone else.

Its time to go Gains – BYE! I wonder if Marty questioned Gains about his legendary drunken habits and ways.

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4ismellmyhand(26 comments)posted 5 years, 9 months ago

No wonder Youngstown is such a sh**hole filled with idiots like it is. The article states that Mr. Goldberg was one of the finest med malpractice lawyers ever in Ohio. I certainly would want my attorney to consult with him should I be injured due to med malpractice. Why would I or my attorney not have a right to benefit from his knowledge and experience? Disbarred just means he cannot represent you as an officer of the court. So he cannot and does not. Sheesh.

I suppose you airheads are going to go and vote for Obama now.

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5ismellmyhand(26 comments)posted 5 years, 9 months ago

And Souza you would hard pressed to find more than a couple folk who consider Mr. Goldberg 'dispicable'. And thousands who would strenuously disagree. Obama and Congress are about to steal trillions you du***ss.

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