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* United States Bankruptcy Court, Central District Of Illinois, Judge Mary P. Gorman…
Before the Court after trial is a Motion for Sanctions Under 11 U.S.C. §362(k) for Violations of the Automatic Stay, filed by the Debtor, Riley N. Craig, against Tom DeVore. For the reasons set forth herein, Mr. DeVore will be found to have willfully violated the automatic stay and will be sanctioned.
* Yadda, yadda, yadda…
Mr. DeVore does not dispute that he knew of the Debtor’s bankruptcy filing when he took the actions complained of in the Motion for Sanctions. Because he knew of the bankruptcy but proceeded with state court litigation even after being advised by the Debtor’s attorney that he was violating the stay, his conduct was willful. Mr. DeVore has never sought relief from the stay. His conduct therefore constituted willful and, as will be explained below, egregious violations of the stay and will result in the imposition of sanctions.
* Bippity, boppity, boop…
The Debtor is entitled to an award of her actual damages including her costs and fees and, under the circumstances, an award of punitive damages. The Debtor testified that she hired counsel and paid him a $3000 flat fee to defend her against the petition for order of protection filed by Mr. DeVore. Because the filing of the petition violated the stay, she is entitled to an award of $3000 in actual damages.
The Debtor is also entitled to have the fees she incurred with Attorney Pioletti related to these issues paid by Mr. DeVore. Attorney Pioletti filed an itemization of his time showing the expenditure of 4.06 hours dealing with the stay violation issues before the hearing. He said that his time on the day of the hearing consisted of a 1.5 hour drive each way between his office and the courthouse and the 3.5 hours spent at the evidentiary hearing. He said that he charged $275 per hour. Attorney Pioletti’s total claim amounts to 10.56 hours at $275 per hour. Because both his rate and the amount of time expended are reasonable, Attorney Pioletti will be awarded $2904, to be paid by Mr. DeVore.
Because this Court finds Mr. DeVore’s stay violations to be egregious and his conduct to be both disingenuous and dishonest, punitive damages will be awarded here. […]
All the factors support an award of punitive damages here. Mr. DeVore’s conduct was indefensible. […]
The Court will award to the Debtor punitive damages in the amount of $7500 to be paid by Mr. DeVore. This amount is less that the $20,000 the Debtor requested but hopefully is enough to make Mr. DeVore change his behavior. The award is just a little more than the amount awarded for actual damages. Thus, it may get Mr. DeVore’s attention and cause him to realize that he must respect the law and the orders of this Court or bear the consequences of his actions. If the sanctions imposed are not enough to get Mr. DeVore’s attention, future violations should be brought to the Court’s attention and additional sanctions may issue. […]
Mr. DeVore’s violations were willful and egregious; his conduct was highly unprofessional. The Debtor will be awarded her actual damages, her attorney fees, and punitive damages.
* Footnote…
The evidence presented at the hearing suggests that Mr. DeVore not only violated the automatic stay but that he also may have violated several Illinois Rules of Professional Conduct. The Debtor’s unrebutted testimony was that she began an intimate, personal relationship with Mr. DeVore after he began representing her and while he was still representing her in legal matters. The Rules prohibit such conduct by lawyers. The evidence also established that Mr. DeVore was the lawyer who drafted the documents for the creation of Future You, a business that he owned with the Debtor. Under the Rules, strict guidelines apply when an attorney goes into business with a client. The Debtor’s unrebutted testimony that she was confused about what she was signing when Mr. DeVore told her to sign the Future You operating agreement without reading it suggests that the strict guidelines were not followed. The nature of their personal relationship, as well as Mr. DeVore’s stated opinions about the Debtor’s business acumen and her reliance on his judgment and expertise, would certainly complicate any effort to satisfy the requirements of Rule 1.8(a) and likely implicate Rule 1.7 as well. In addition, Mr. DeVore’s petition for order of protection contained frivolous and false allegations such as his assertion that the Debtor was restraining or interfering with his personal liberty; his own testimony was that he had not been in direct contact with the Debtor for more than six weeks before he filed for the order of protection and his main complaint against her was that she refused to communicate with him. The filing of frivolous pleadings is prohibited, and attorneys may not make false statements of law or fact to a tribunal. Rule 4.2 limits an attorney’s ability to communicate with a person they know is represented by counsel. Notwithstanding the fact that the Debtor was represented by counsel in her bankruptcy, Mr. DeVore repeatedly contacted her directly, suggesting several times that he was free to do so because no attorney was representing her in the Bond County lawsuit. But the Bond County lawsuit was filed in violation of the stay and sought to address matters exclusively within this Court’s jurisdiction—matters for which Attorney Pioletti was clearly representing the Debtor. Attorney Pioletti’s time records show at least one communication on June 12, 2023, asking Mr. DeVore to stop contacting the Debtor directly. Mr. DeVore apparently ignored that request. He continued to try to bootstrap an argument that, because he—in violation of the stay—filed actions in state court where Attorney Pioletti did not have an appearance on file, he could then communicate directly with the Debtor about her property, debts, and other matters involved in her bankruptcy. Such conduct is prohibited by the Rules.
The investigation and determination of whether violations of the Illinois Rules of Professional Conduct actually occurred here is within the jurisdiction of the Illinois Attorney Registration and Disciplinary Commission and the Illinois Supreme Court; the appropriate referral for investigation will be made.
posted by Rich Miller
Thursday, Oct 26, 23 @ 9:04 am
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It is not a good idea to have a “relationship” with your clients?
Comment by Three Dimensional Checkers Thursday, Oct 26, 23 @ 9:15 am
As we say in the part of Illinois Mr. DeVore thinks should be forcibly removed from the state, “Ope.”
Comment by Roadrager Thursday, Oct 26, 23 @ 9:17 am
Schadenfreude alert.
Comment by Norseman Thursday, Oct 26, 23 @ 9:20 am
“but that he also may have violated several Illinois Rules of Professional Conduct.”
The IL ARDC has been asleep on the actions of Devore for almost 4 years now. I’m sure he was getting accustomed to his violations being ignored.
Then he showed up in federal court.
Comment by TheInvisibleMan Thursday, Oct 26, 23 @ 9:23 am
Well now I see why Tom has started an egg roll business. From an attorney, to hair products business, and now egg rolls. What a great business plan.
Comment by Club J Thursday, Oct 26, 23 @ 9:23 am
And to think people actually voted for this guy to be Attorney General.
Comment by Fayette County Thursday, Oct 26, 23 @ 9:25 am
=Thus, it may get Mr. DeVore’s attention and cause him to realize that he must respect the law and the orders of this Court or bear the consequences of his actions.=
No. Tom DeVore knows exactly what he’s doing. It is more likely that he will wear this as a badge of honor and grift off of his victim hood.
Comment by Pundent Thursday, Oct 26, 23 @ 9:28 am
==And to think people actually voted for this guy to be Attorney General.==.
This really illustrates how the once mighty Illinois GOP has fallen. Incredible.
Comment by low level Thursday, Oct 26, 23 @ 9:31 am
If you may recall, initially he was publicly threatening to sue his girlfriend’s mother on behalf of his girlfriend, because the mother was interfering in his girlfriend’s life. Then his girlfriend became his issue. Then this.
MAGA people must be difficult to date legally.
Comment by H-W Thursday, Oct 26, 23 @ 9:33 am
What’s with the right-wing lawyers and sanctions? Not “why are they sanctioned?” but why do Republicans in Illinois keep promoting these people?
Comment by Torco Sign Thursday, Oct 26, 23 @ 9:33 am
== This amount is less that the $20,000 the Debtor requested but hopefully is enough to make Mr. DeVore change his behavior. ==
I say this with all sincerity: the courts are absolutely terrible at policing attorney behavior. Separate and apart from my opinions about DeVore, I’ve seen way too many attorneys get away with way too many unethical things way too frequently. Courts think that making finger wagging statements like this in sanctions orders will change the behavior.
It won’t.
The punishments for these behaviors by attorneys are way too infrequent and way too light to ever be a deterrent for bad actors.
Comment by Homebody Thursday, Oct 26, 23 @ 9:44 am
At a minimum, he’s guilty of violating 720 ILCS 5/11-40.
Comment by Anyone Remember Thursday, Oct 26, 23 @ 9:45 am
This guy makes Saul Goodman look like an actual officer of the court.
Comment by Henry Francis Thursday, Oct 26, 23 @ 9:47 am
The thing about DeVore?
DeVore has turned out to be an “ethically challenged”, (at best), ambulance chaser that hit on a lottery ticket and cashed it for the winnings of notoriety.
DeVore’s law license for him exists for him to make money off marks, and meet people (as you see in his instagrams shared here) that are vibrant.
The idea of the calling or trade of practicing law ethically is the bug to his feature of unethical actions and/or grifting.
I do agree, DeVore will turn all this into “persecution” then ask for cash in another scheme.
Comment by Oswego Willy Thursday, Oct 26, 23 @ 9:50 am
“This guy makes Saul Goodman look like an actual officer of the court.”
Easy, now. Saul often had the best intentions; it was just his follow through was a little…creative.
DeVore is, like most con men, easier to read than a dime novel. Which, when you see how many falls for his grift, is depressing.
Comment by Flyin'Elvis'-Utah Chapter Thursday, Oct 26, 23 @ 10:09 am
“I need an order of protection from her because she is avoiding me” makes about as much sense as every other argument DeVore has ever made in court. Please let this end up before the Seventh Circuit.
Comment by Big Dipper Thursday, Oct 26, 23 @ 10:12 am
Gee it would be a shame if he got Disbarred. Wonder what kind of real Job he’d be qualified for? “1 cream no sugar Tom”
Comment by Mason born Thursday, Oct 26, 23 @ 10:14 am
===the courts are absolutely terrible at policing attorney behavior.===
Truth. Attorneys should not be a self-policing profession, we suck at it.
Comment by Suburban Mom Thursday, Oct 26, 23 @ 10:32 am
===In addition, Mr. DeVore’s petition for order of protection contained frivolous and false allegations such as his assertion that the Debtor was restraining or interfering with his personal liberty===
DeVore meant that she was interfering with his personal liberty to do whatever he felt like, whenever he felt like it. I get it that to someone like DeVore, being told “no” feels the same as a civil rights violation.
Comment by Suburban Mom Thursday, Oct 26, 23 @ 10:36 am
I seem to recall DeVore denying Craig was his client when she was the lead plaintiff on one of his frivolous Covid lawsuits lol.
Comment by Big Dipper Thursday, Oct 26, 23 @ 10:38 am
Why Devore for the GOP? Because genius political consultant Mike Z dictated that a hugely qualified guy (former US Atty etc) run for sec of state as a law and order type and also dictated that a very decent, but hugely unqualified guy run for AG. So, GOP gets stuck with Devore and Z goes to Tennessee with his millions. Its always ignored and/or blocked on this blog, but the end of the GOP can squarely be blamed on the end of the alphabet—”Z_
Comment by Always something Thursday, Oct 26, 23 @ 10:39 am
===Mike Z===
Yeah. No. It’s no.
The ILGOP is bigger than this “Mike Z” ridiculousness because the ILGOP went from Jim Edgar beating a right winger by 50+ points to Darren Bailey getting 56+% over 5 other candidates.
Unless “Mike Z” is a super mind meld guru that magically made the “angry in-law uncle” the base of the GOP…
Comment by Oswego Willy Thursday, Oct 26, 23 @ 10:45 am
Wow. Judge Gorman is a kindly, almost grandmotherly type, until you pull that kind of nonsense in her court. The message of that well-reasoned 41 pages, if he’s not too arrogant to get it, is that he’d better never again find himself standing on the blue carpet in front of her bench. Her writing the ARDC complaint in a footnote is just lagniappe.
Comment by Barnaby Wilde Thursday, Oct 26, 23 @ 10:49 am
==the ILGOP went from Jim Edgar beating a right winger by 50+ points to Darren Bailey getting 56+% over 5 other candidates==
Yes. They went from nominating highly qualified people like Jim Ryan for AG (the Nicarico case notwithstanding) to going w DeVore. I literally cant believe it sometimes.
Comment by low level Thursday, Oct 26, 23 @ 11:07 am
Reading that ruling, I can’t decide if Devore is ignorant, incompetent, arrogant, dishonest, or all of the above.
He engaged in some of the most egregious misconduct I’ve ever seen by an attorney. And his misuse of a domestic violence order of protection is absolutely disgusting.
Comment by JoanP Thursday, Oct 26, 23 @ 11:11 am
Take a look at DeVore’s D2s. He closed his campaign account after the AG loss but of course reports stay up. He filed all of his reports on paper, mostly unheard of for a serious campaign these days. Wonder if he thought that would make them unavailable. In any case, the BOE of course scans them in and u can easily look them up. Anyway, DeVore begins his campaign with a $200,000 loan from himself. As most of us here know, this reporting is totally on the honor system. No one ever checks to see if that loan you reported to the BOE actually ever existed. You don’t have to show that any money actually moved. Maybe it did in DeVore’s case but I do wonder. In any case, most, but not all, of the small amount of money DeVore raised was spent paying off that loan he made to himself. I know Capitol Fax reported on this at the time. All I’m suggesting is there may be an even bigger story there.
Comment by Lordy lordy Thursday, Oct 26, 23 @ 11:20 am
It is an absolute banger of a filing, well worth your time to read.
Comment by Suburban Mom Thursday, Oct 26, 23 @ 11:33 am
Tom DeVore AKA Doofus is one half of the Putz brothers. The other half Heinie AKA Darren Bailey is running for Congress in the 12th District.
Oh boy, oh boy.
Comment by Rudy’s teeth Thursday, Oct 26, 23 @ 11:37 am
Z is in fact responsible. Instead of top down I know best approach he could have found a consensus Governor candidate and others on down the ticket. But that would require him to do something behind make money off commercials and ridiculous mailer. He took all the money, left Durkin and others blowing in the wind and guys like Devore filled the vacuum.
Comment by Watchful eye. Thursday, Oct 26, 23 @ 11:57 am
===Z is in fact responsible===
Eventually, Republican voters are gonna have to take responsibility for their own voting behavior instead of constantly blaming others.
Comment by Rich Miller Thursday, Oct 26, 23 @ 12:00 pm
===Z is in fact responsible.===
LOL… that’s adorable. Cute even.
That’s like blaming Pritzker.
Bailey got 56+% of the vote in a 6-way race, Bailey ran with DeVore, the cult party can’t be stopped, and blaming Z or Pritzker or any thought outside the cult leader and all the MAGA bad is masking some sort of angst you want to project on someone like Z or Pritzker.
There are so many tells these days to the ILGOP;
The “Z” projectionists
The cult apologists
The Griffin wealth worshippers
The “thinker tanker” citers of phony facts
The party is overrun by your in-law uncle. That’s not Z’s fault, lol
Comment by Oswego Willy Thursday, Oct 26, 23 @ 12:03 pm
Pretty sure the Republican voters went in the booth and voted for their choice. They picked Trumpian candidates who are capable of nothing if not blaming others for anything they don’t like. Blaming consultants for their choices is more of the same. Sometimes what happens to you, is in fact your responsibility and follows choices you make.
Comment by Lincoln Lad Thursday, Oct 26, 23 @ 12:49 pm
==Eventually, Republican voters are gonna have to take responsibility ==
I don’t know. If you ask a certain resident commenter here he would claim his party’s voters are too ignorant and were duped by Governor Pritzker into voting for someone.
Comment by Demoralized Thursday, Oct 26, 23 @ 12:53 pm
Honestly there is enough blame for the 2022 GOP to go around, I am not sure why we are fighting over it.
Let’s not leave out Griffin by all means. He’s the supposedly super smart guy who bankrolled the mayor of Aurora and the rest of the colossal ticket.
I don’t understand the GOP delirium with black Republicans and beauty pageant candidates. There is so much inherent bias within the GOP base against Black people and female candidates, I think you have to be in a safe red state/congressional district to have a reasonable shot. Am I wrong?
Comment by Thomas Paine Thursday, Oct 26, 23 @ 1:12 pm
LOL. Chickens>Roost
Comment by danray Thursday, Oct 26, 23 @ 1:13 pm
===Let’s not leave out Griffin by all means. He’s the supposedly super smart guy who bankrolled the mayor of Aurora and the rest of the colossal ticket.===
“And?”
The reality is… the finger pointers have an aversion to pointing the finger at who the base is, and where that base wants to vote.
The rest is, agreed, silly want of a blame to make themselves “feel better”
The base is inherently awful to winning general elections and now they control the majority party thinking.
DeVore is garden variety perfect to the marks DeVore wants that grift from, and perfect too as a candidate to win primaries… Z/Griffin/Pritzker notwithstanding
Comment by Oswego Willy Thursday, Oct 26, 23 @ 1:18 pm
We need to set the record straight. DeVore is NOT some right winger. And he’s definitely not a Trump supporter. Devore is about DeVore. And about the grift. I don’t think he has any ideology, beyond cashing in. I’ve followed his facebook posts. He goes to great lengths to avoid standing up for Trump. But he does spend a lot of time sticking up for the IL GOP establishment wing. He’s scolded “his disciples” for always complaining about “RINOs”. And for crying out loud he recently spent a week posting selfies of himself on a pheasant hunting trip to a private ranch and lodge in South Dakota where he flew in on a private plane with his pal Richard Porter, the IL GOP national committeeman and leader of the “moderate” wing of the Il GOP. Porter has been very critical of Trump and is in the DeSantis camp. Porter and DeVore hang out often. Going forward, maybe not so much. But in DeVore’s defense the private plane he flew with Porter on to shoot pheasants was just a prop job. Because it would be wrong to use the $200 paid by each of thousands of people for failed lawsuits, to fund a private jet.
Comment by Lordy lordy Thursday, Oct 26, 23 @ 1:21 pm
===I am not sure why we are fighting over it===
And then you jump in anyway.
People, get back on topic.
Comment by Rich Miller Thursday, Oct 26, 23 @ 1:24 pm
=And he’s definitely not a Trump supporter.=
Well he’s got pictures from Mar a Lago that prove otherwise. And do you know what other attorneys get sanctioned by the courts? Those that defend patriots and fight for freedom. Just like Tom DeVore. /s
Comment by Pundent Thursday, Oct 26, 23 @ 2:13 pm
== I don’t think he has any ideology, beyond cashing in. ==
So you’re saying Devore is just like Trump and most of the “leadership” around him…including shared issues with the law.
Makes sense.
Comment by fs Thursday, Oct 26, 23 @ 2:21 pm
==Judge Gorman is a kindly, almost grandmotherly type, until you pull that kind of nonsense in her court.== Judge Gorman knows her stuff and she expects everyone else in her Court to know it. She has ZERO tolerance for stupid. Once, ONCE, I made a careless mistake in her Court, and she let me have it with both barrels. She also is no stranger to referring attorneys to the ARDC. I have seen a now former attorney taken apart piece by piece and ARDC’d by her– and he deserved it. SO yes, I agree, that as long as you know the law and pay attention, she is easy to work with and very predictable. But if you don’t, stay out of her way.
Comment by The Ford Lawyer Thursday, Oct 26, 23 @ 2:26 pm
DeVore has floating ethics, to his work in law and politics.
To say DeVore skirts norms by playing all sides is understanding his connection to Trump, his exact failures “here” in this post, and his social media image.
“My favorite party is the Green Party” would be DeVore, including in this post… and in his grift too.
All checks cash the same, even if the ethics are… called.
Comment by Oswego Willy Thursday, Oct 26, 23 @ 2:29 pm
To borrow from the late Dennis Green, Tom DeVore is who we thought he was.
Comment by Former Downstater Thursday, Oct 26, 23 @ 4:27 pm
So now Devore has been adjudicated as a liar and law breaker.
Not news here, but I wonder if that resonates anywhere else? I won’t hold my breath.
Comment by JS Mill Thursday, Oct 26, 23 @ 4:51 pm