Hirschler Law firm Conspired to Commit Fraud and Financial Exploitation of their Client
April 15, 2023. Author- Brace Impact
Henrico Circuit Court records show that the Hirschler law firm conspired to financially exploit a client who owned 20% of a Henrico land partnership by filing a frivolous Partition suit to force a sale of 52 acres of prime industrial real estate located at Monahan Road valued at over $6,000,000.
Hirschler partner Franklin Cragle and Alexander Boyd filed the Partition case (CL22004708) on July 29, 2022, conspiring with ENOSIS partners to have the Circuit Court order the sale of the 52 acres to Lingerfelt Commonwealth Partners without the knowledge or permission of a partner who owns 20%.
The 20% partner is Diamiantis and Georgia Drizos, who resides in Athens, Greece. The Partition Suit states that the ENOSIS partners are closely related and live in Richmond, Virginia, except for the Drizos partners, who reside in Athens, Greece.
Hirschler and ENOSIS partners recognized the address of the Drizos partners in Greece yet intentionally schemed to have a defective service process on them and then obtained a default judgment allowing the forced sale of the property. Additionally, Hirschler conspired to have the Drizos 20% share distributed amongst the remaining ENOSIS partners without the Drizos' knowledge.
Diamiantis Drizos passed away on August 4, 2022, and his wife, Georgia Drizos, inherited his share. Despite the ENOSIS partners and Hirschler recognizing the death of Diamiantis Drizos, they intentionally avoided informing the Henrico Circuit Court and amended their Partition Suit.
The Hirschler fraud and exploitation scheme unravelled when a 10% share owner became aware of the Partition Suit and filed pleadings to impose injunctions and intervene by standing. Court records indicate that the 10% share owner is listed as the Nickolas G. Spanos Trust. The sole beneficiary, Nickolas G. Spanos, filed the Petition to Intervene and Injunction.
The Spanos pleadings were filed on August 26, 2022, and served on the ENOSIS partners. The pleadings gave evidence of IRS tax fraud and the financial exploitation of the Drizos, who suffer from dementia and health complications.
Spanos filed a subpoena duces tecum for Ryan Lingerfelt of Lingerfelt Commonwealth Partners to produce the sales contract and feasibility studies that were being withheld from him and the Drizos. Lingerfelt attorneys filed a motion to quash the subpoena duces tecum on September 7, 2022. The motion to quash had not been heard as Hirschler withdrew the Partition suit.
Hirschler and the ENOSIS partners did not respond to the Petition to Intervene, and Injunction, which forced Hirschler to file a Non-Suit on November 15, 2022, and the Henrico Circuit Court ordered the Partition Suit to be dismissed on December 22, 2022.
The Injunction pleading stated that the Drizos must be correctly served according to Virginia Code and the Hague Service Convention, which require foreign residents to be served according to specific regulations. Residents of Greece must be served after the court pleadings are translated into Greek and served by the prosecutor of the municipality where the foreign residents reside.
Lingerfelt Commonwealth Partners terminated the ENOSIS sales contract in March 2023 because the Monahan property was encumbered with IRS tax liens and the unethical and illegal fraud committed on Drizos.
In a previous article, complaints were filed with the FBI against Hirschler attorneys Franklin R. Cragle, III, Partner, and Alexander P. M. Boyd, Associate, who are under investigation by the FBI for:
U.S. Code § 1341 - Frauds and Swindles
U.S. Code § 1343 - Fraud by wire
U.S. Code § 875 - Interstate communications
U.S. Code § 21002 - Civil Financial Exploitation
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The Hirschler law firm had been representing all the owners of a Henrico land partnership called "ENOSIS" since 1998 upon the Virginia Department of Transportation (VDOT) initiated a condemnation take of 21 acres for the construction of I-895 in the Varina district of Henrico County, Virginia. In 2000, VDOT settled with ENOSIS and paid the partners for taking 21 acres; the Hirschler law firm handled the payment distribution.
By filing the Partition Suit, Hirschler law firm violated numerous rules of the Virginia Code of Professional Conduct (VCPC), the first and foremost being Rule 1.7 Conflict of Interest, which prohibits the representation of clients in cases in which they are opposing parties.
