Clark County Nevada
August 8, 2020
Veterans In Politics International (VIPI) continues with its investigation on judicial candidates. Veterans In Politics International OPPOSES candidate Phil Aurbach for the judge. Instead, we SUPPORT Nadia Krall, for District Court Judge Dept. 4 (see video Nadia Krall the Untold Story! Candidate for Clark County District Court Department 4 https://www.youtube.com/watch?v=ZIv_n9wMLqs&t=147s).
Why does VIPI OPPOSE candidate Phil Aurbach? Well, because he’s crooked and he has engaged in blatant conflicts of interest. Aurbach would be a terrible judge. According to Dena Titus, Mr. Aurbach supposedly has “impeccable credentials.” Seriously? Impeccable?
Back in 2013, in connection with a bankruptcy case, it was revealed that Phil Aurbach simultaneously represented two parties who were adversarial with one another. This is a blatant conflict of interest. [See Nevada Rules of Professional Conduct, Rule 1.7 “Conflict of Interest”].
When lawyers represent clients, lawyers have a “duty of loyalty.” This duty requires the highest level of integrity. A lawyer cannot represent two clients who are adversarial with one another because it’s impossible to be “loyal” to each.
But professional ethical duties didn’t stop Phil Aurbach from simultaneously representing two adversarial parties back in 2013. This dual representation created a blatant conflict of interest! Aurbach totally breached his duty of loyalty to each client!
Phil Aurbach is the “A” in the law firm Marquis, Aurbach, and Coffing (MAC). Curiously, at Phil’s Facebook page and at his website, philaurbachforjudge.com, there is no mention of the MAC law firm. It’s as if he’s trying to distance himself from his own firm, which is run by Albert Marquis.
Back in 2013, Aurbach’s law firm, Marquis, Aurbach and Coffing, (MAC), failed to disclose Aurbach’s current financial connections with the Debtor—which was “an egregious violation of FRBP 2014(a).”
The following excerpt is from the case titled: WILLIAM A. GAYLER, Debtor, [Case No.: 09-31603-MKN], in which the federal judge ruled:
“The Aurbach Verified Statement accompanying the MAC Employment Application represented that Aurbach had no connections with the Debtor, his creditors or other parties in interest even though the Aurbach RAS Declaration revealed that Aurbach had a 20% interest in Sunset V. And even that was not Aurbach’s only financial connection as he only disclosed in response to the Disqualification Motion that he also had an interest in Polyrus, LLC, Sunset 8, LLC, and possibly Sunset III, LLC (through Polyrus, LLC).46 In view of those connections, neither Aurbach nor MAC were disinterested persons within the meaning of Section 101(14), and so could not have been employed by the bankruptcy estate under Section 327(a). While special-purpose counsel may be employed under Section 327(e), MAC’s failure to comply with FRBP 2014(a) likely would have required disqualification from further employment and denial of compensation.”
Most alarming of all, Aurbach got $1.4 million before he was caught with his hand in the cookie jar! “Cha-Ching!”
“With respect to Lisowski’s initial employment of MAC as special counsel, there is no indication that Lisowski was aware of Aurbach’s existing financial connections to the Debtor or of Hayes’ prior financial connection. Only Aurbach’s name appears on the MAC Employment Application and the accompanying Aurbach Verified Statement did not disclose the financial connections. As previously reflected with respect to the purported sharing of confidential information, the parties to this Disqualification Motion refer to Lisowski’s involvement when it serves their purposes, but none of the parties have offered testimony from Lisowski to support.”
These excerpts clearly show that Phil Aurbach had an interest in both sides of the case! And this goes against the ethical rules, (Rule 1.7). It’s plain to see that Phil Aurbach lacks the integrity to be the judge. Aurbach is not qualified to be on the bench. Period.
Please click on the link for United States Bankruptcy Case No.: 09-31603-MKN https://www.nvb.uscourts.gov/downloads/opinions/mkn-09-31603-william-gayler.pdf.
Phil Aurbach personifies Clark County’s culture of corruption. And this is exactly why we must DEFEAT Aurbach at the polls this November. Instead, vote for Nadia Krall, for District Court Judge Dept. 4.