I became aware of Robert Franco and the Firm of Franco and Franco during a civil matter when Mr. Franco represented a co-defendant, while I was represented by a former friend and colleague of the Francos. The matter took some unusual turns, resulting in Mr. Franco representing me in a Plenary Hearing. Mr. Franco entered as representing me with the Plenary Hearing with no retainer or agreement, he simply positioned himself to scare me and begin his mission of smoke and mirrors. The Court entered a Settlement, which I was not in agreement with and furthermore, there was no existing settlement or settlement papers.
Mr. Franco called me shortly after the settlement hearing and advised me that while he was in chambers representing the co-defendant, he witnessed a sham perpetrated against me, and he knew, that in truth, I did not settle the matter. I believed Mr. Franco and when he told me that I needed to appeal.
1. Mr. Franco said he would represent me on Appeal for a twenty five percent contingent fee, but later charged me twenty five thousand dollars for preparing and filing the Appeal. Mr. Franco had entered orders into the Appeal which were unsigned. The substantive elements were questionable and Mr. Franco failed to appeal erroneous fees that I was ordered to pay.
These orders should have been appealed but were not. Mr. Franco never protected my finances.
2. Sometime early in the year Mr. Franco, and then Mrs. Franco called me requesting a short term loan for ten thousand dollars. I wired the money into their personal account. They did not pay me back. Fortunately, I was friendly with another client, Steven Fine, who was billed by Franco and Franco for six thousand dollars, who paid me a portion of the Franco's debt, leaving a remaining debt of four thousand dollars, which I never received.
In December of Robert Franco arranged a loan to another of his clients. I was apprehensive but Mr. Franco assured me this was an iron clad loan for six months, the borrower was substantial and owned multiple properties (the property had a pending sale which I was to be paid from). Mr. Franco said he would write up the terms but he failed to. I wrote up a quick outline of the loan and wrote in the memo of the check that this loan was referred by Robert Franco. Mr. Franco never provided either me or the borrower with a drafted agreement or a copy of the insurance policy, yet he was immediately paid twenty five hundred dollars, cash. He issued no receipt or bill.
The borrower had mailed two or three checks to me during the appropriate time but was in default for the full amount. I had called Mr. Tauger and he became sympathetic and forthcoming with information about the repayment. He and I would have several conversations daily. Norman Tauger and Mr. Franco were aware that because of so many unfortunate situations, I had become distrusting and created a back-up system of recording conversations.
The information he had expressed was the Francos had serious financial challenges and he was helping them out.
The borrower, Larry Goldspeil had defaulted with the loan and spoke with Mr. Tauger and me, admitting that he had paid back several thousand dollar to me by entrusting cash to Robert Franco, instructing him to give it to me in repayment for the loan. Mr. Franco said he was going to use it, then immediately replace it and give to the rightful collector, me.
In the absence of the clear accounting statement that I had been requesting for some time, the borrower and I decided to obtain an accounting of checks, since he informed me the cash was pilfered by Mr. Franco. The borrower had discovered that a check designated to me for five thousand dollars was made payable to CINDY and then written over CINDY was RANDY and endorsed by RANDI FRANCO and then cashed by a third party, Norman Tauger AT SOMRSET VALLEY BANK. Mr Tauger stated that the manager, Yvonne would do anything for him because he was akways taking care of her. The check was drawn from a Bank America Account, dated May 6, consistent with the other checks payable to me. I have copies of the other checks proving that each check was inscribed only Cindy and it was necessary for me to inset my surname.
Mr. Goldspeil and Norman Tauger befriended me and guaranteed payment to me upon the sale of the Mr. Goldspeil's home. I was informed by each and both of them that the salewas going to take place shortly after the new year but fell through. The escrow money needed to be returned to the buyer, but was delayed because the Francos withdrew seven thousand dollars from the escrow account money, held for the borrower, in order for the Francos to pay their mortgage. Hence, I was still not paid. On or about February 24, the Mr. Tauger sent a check to replace the seven thousand dollars used by the Francos for personal use.
As time elapsed, I had began to mistrust Mr. Franco and I decided to take a closer look into the cases he had represented. I checked into the contingency case where I swallowed glass after drinking directly from a bottle of Arizona Ice Tea. My hospital records and bill were never entered as evidence, nor were the answers to the Interrogatories. I saw that several defendants settled the case and that my case was dismissed for failure to answer the Interrogatories. I also saw there was an arbitration award but, since the court folder was exfoliated, I could not ascertain how much it was. I was not permitted to be in the closed door arbitration and when Mr. Franco came out, he simply said we lost.in my ignorance, I asked him to appeal but he said it was over. I later found the docket sheet said needs Trail De Novo. Mr. Franco took this case an a verbal one third contingency. He later confided in Norman Tauger that he knew he would never win this case. There was no bill or time sheet, however, I much later in 2006 went to the courthouse to look though the file and found one settlement after another. I now feel that Mr. Franco threw my case for an alleged pay-off from the defendants. I request all of the Franco's bank accounts to be produced for an account of their income as compared to timing of settlement and attorney work product.
Mr. Franco filed another complaint against a physician who publicly profiled my health without a release. The case was dismissed for failure to notice the State of a Torte Claim. Again, I feel the same, was there an alleged pay-off?
There were several contingency cases, all lost, yet good cases.
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Mr. Franco's billing process is flawed and inappropriate, it appears he never bills his clients appropriately and therefore his clients have no tracking or evidence of payment. This was additionally told to me by many clients.
Cindy
Berkeley Heights, New Jersey
U.S.A.
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