Bander lawyer spills the beans

INCOMPETENT?: Atty. Tim Umbreit (third from left in this photo that came out in a full page ad of a competing newspaper published in 2009), a former associate lawyer of the Bander Law Firm, owned by Atty. Joel Bander (fourth from left) testified that the cases in the firm were handled by “young and inexperienced associates” while “competent employees were let go.”

Attorney reveals cause of Bander Law Firm’s fall from grace

In 2009, the Bander Law firm placed weekly full page advertisings for several months in a broadsheet Filipino newspaper in Los Angeles about a loan litigation program that indicated to homeowners that they may be able to sue their lenders to save their homes during the home mortgage crisis.

Some 800 homeowners signed up. Each paid an average of $8,500, some paid higher for multiple properties. A $3,000 downpayment was required from each home owner. However, after a year of collecting fees from property owners, little if anything was done to their cases, according to complaints they filed with the California State Bar and in civil cases filed in Los Angeles courts.

The homeowners claimed they received no legal services and many lost their homes in foreclosure, while others alleged that the firm filed bankruptcy petitions on their behalf without their knowledge or permission. The homeowners also claimed that Bander law firm refused to return their money. 

When the intensity of these complaints became too much, the Bander Law Firm, through its main partner and 99% owner, Atty. Joel Bander, filed for bankruptcy in February 2010.

BALITA MEDIA, along with KFI 640 AM radio station, Glendale News Press, ABS-CBN’s The Filipino Channel, were some of the first to bring the Bander loan litigation controversy out to the public in late 2009. Starting in December, 2009, BALITA MEDIA ran a series of articles on several homeowners’ complaints that included Filipino and Korean property owners, which Atty. Bander blamed, in his bankruptcy hearing, as the cause of his law firm’s downfall.

However, recent Federal court filings showed that contrary to the claims of Bander, the real cause of his firm’s demise was mismanagement on his part because, according to an attorney named Tim Umbreit, who worked at the firm, Bander channeled all of his resources into a case he filed against BALITA MEDIA on behalf of a competing newspaper.

The revelations were made by Atty. Tim Umbreit in a motion for reconsideration to rescind a bankruptcy court  order that penalized him in the sum of $5,000 for his “willful” non-attendance at Bankruptcy hearings and his intentional “disregard“ of the court’s directive to appear in person in the case filed by a couple asking that the Bander Law Firm disgorge the $20,000 that they had paid to the law firm. (In legal terms, disgorgement is the act of giving up something such as the profits obtained by illegal or unethical acts on demand or by legal compulsion.).

In the U.S. Bankruptcy Court, Northern District of California, September 30, 2010 decision, the court said Mr. Umbreit’s conduct was “unprofessional and well below any reasonable standard of care.”

In his declaration signed under the penalty of perjury, Umbreit disclosed that although he joined as an associate of the firm to handle bankruptcy cases back in March 2009, the firm was “inundated with Trustee Sales when I started at the Firm“ which he described as “both a procedural as well as an administrative nightmare.”

Umbreit said “My initial responsibility to set up a bankruptcy practice…was waylaid almost immediately,” adding the Bander’s workforce was staffed by “young and inexperienced associates.” The reason for this, Umbreit said, was Bander’s strategy to hire the least expensive young attorneys to do all of the work who had “no orientation, no training and no oversight.”

Umbreit also revealed that the firm was “inundated with emergency filings and constant shakeup of employees…competent employees were let go because they were not ‘responsive’ to Bander.” He added that “work environment was precariously close to hostile and turnover was a real problem.”

Umbreit added that “Cash flow became a constant concern that imposed on all the employees the added burden of cutting  costs, cutting overtime, and working on too many cases.” Umbreit said, “I was, quite frankly, overwhelmed and unable to handle the work load.”

But the most telling statement was Umbreit’s remark regarding Bander’s handling of the case against Balita Media. Umbreit said, “By August of 2009 (or months even before BALITA MEDIA came out with its stories in December 2009 on the Bander Law Firm), I was almost exclusively dealing with a case that ultimately brought the Firm down....”

“Bander was obsessed with the...case and had a personal involvement with the parties that far exceeded the bounds of any professional relationship. Bander had an obsession with an attorney named (James G.) Beirne and his client (Luchie) Allen (BALITA MEDIA’s CEO).”

Umbreit revealed in his motion that “From July through November, I was embroiled in (BALITA MEDIA) case at Bander’s insistence…Mortgage litigation and bankruptcies all took a back seat to the...case. In late August, I learned for the first time that the Firm was not being paid for handling of the case.”

Weeks after Bander withdrew from the case against BALITA MEDIA, the parties settled their dispute. The terms of the settlement remain private.

BALITA MEDIA called the law offices of Bander on Friday. Email messages were also sent to him for his reaction, but he has yet to present his side of the story.

Moonlighting in “The Land of the Rising Sun”

(As we witness the damage and loss of life in Japan after a devastating earthquake, I can’t help but think of our kababayans in Japan who have chosen to make the Land of the Morning Sun their adopted land. Below is my tribute to these Filipinos, some of whom have been my closest friends.)

(July 20, 2006) I HAVE nothing against our Filipino women wanting to help their families, or even their own selves, by taking the risk of going abroad and working as domestic helpers or even as entertainers. While in the beginning they may have felt like they would be facing some form of ridicule because of the kind of work they have chosen to do, they would soon realize that suddenly, or ironically, they would turn out to be “heroes” in the eyes of the public who clamor for dollar remittances. 

In the early 80s, even before the Marcos regime was brought down, we’ve seen our neighbors, especially the “girls-next-door type” disappearing. In my baranggay, my friend’s sisters, some of whom used to be our “dreamgirls” were gone, and reportedly among the “lucky ones” to have been able to go abroad and work there. It was as if they were “special” or they possessed special skill or talent that allowed them to leave and work someplace else. A few I’ve seen years later. At least one sister of my compadre, who has her own family back home, I never had the chance to see again before immigrating to the U.S.

They had a special skill alright – it was “entertaining.” Either they were good dancers, or singers, but they had one striking similarity – at least in my own point of view – they had a “pleasing personality.” Though I don’t want to called a “sexist”, but they were the pretty breed of young women, at least from where I grew up. I knew them personally, you know, and I can think I can describe which ones are pretty.

Sadly, I learned that some who were “employed” as “entertainers” ended up in the hands of what we coined as “Mama Sang,” which, to my recollection, is more of a pimp, who peddles women to customers looking for good time. Soon more names – denigrating as they may seem – cropped up, including the most humiliating, japayuki.  From the Internet’s Wikipedia, the free encyclopedia, japayuki means “prostitution in Japan.” Though most of us didn’t mean that to be, we verbally abused the word and referred to the women whom we knew who went to Japan as “entertainers” as this  – mga japayuki.

During the my stint at the airport in the late 80s, I would see hordes of young Filipino women – some I knew who were supposed to come from more prominent families and unfortunately some I knew were the young girls running in my neighborhood – arriving at the airport, boxes in tow, lining up for customs inspection. They may have had decent work, but there was a stigma that came along with their being from Japan, which is the most advanced country on earth, in tech terms.

Expatriates in Japan, I believe, are supposed to be engineers, even if they have many of this professionals, or trainees sent by tech industries from the Philippines, and admittedly band members who did make waves in the “Land of the Rising Sun”, where people spoke little or no “engrish,” let alone sing Western songs.  It really is a “Lang of the Rising Sun” because our kababayans work overnight and get to rest only in the daytime. Instead of being greeted by sunrise, they get blinded by such daily occurrence.

Personally, I couldn’t even say hello to the ones I knew, or whose brothers or sisters I knew then when they arrive.  There was always a lump in my throat that I always tried to overcome with the thought of their personal, albeit universal, reason of “entertaining” Japanese customers in karaoke bars, lounges, and God forbid, prostitution dens for a few “lapads” (one lapad, which means wide because of its size, is worth Y10,000). And even if I hated to turn a blind eye when I see them, things got worse when our very own kababayans continued to prey on these hapless young women. It was a trade unworthy of a country which boasts of being the only Christian nation in Asia.

Now comes this latest story that “Japan will accept entertainers — POEA.” The story says that “Overseas Employment Administration chief Rosalinda Baldoz (has) expressed optimism Japan will still accept Filipino entertainers because of the measures the government is pursuing to rationalize and fine-tune the deployment of overseas performing artists to that country.”

Even if it carried a warning that such arists called “OPAs” not to enter Japan without valid working visas, the report states that “other schemes” to enter Japan “have proliferated,” that results in flesh trade.

I think this is just dumb. While we try to prevent more victims ending up in white slavery, we seem to be promoting the idea that yes, you can still go to Japan and entertain. Such jobs of course normally require wearing costumes, if not skimpy skirts or very revealing leotards, and gyrating to the delight of “hardworking” Japanese customers – leaving nothing to the imagination of some sex-hungry paying patrons.

The report says that according to Ms. Baldoz, “The use of tourist visas, temporary visitor visas, and spouse or children of Japanese National visas have gone up...Under these visa categories, Filipino entertainers are able to work in Japan but without protection under Philippine or Japanese laws.”

Protected? I’m not sure about that.

Hopefully, the government of Japan, through two decades of PHL supplying entertainers to its citizens, has set in place ways and laws to really protect our kababayans. Or, have they?

We know why they go to Japan. Sadly, we still produce millions of college graduates who will not be hired

as they wished to be employed. The future is still not bright. Going to Japan as entertainers will never make it

brighter.(RFL)