Thursday, March 3, 2011

Prominent local trial lawyer sued by wife

Cliffnotes: Plaintiff alleges, and the key word is "alleges", in her complaint defendant was an attorney who used her as a sugar mama and then dumped her for a woman twenty years younger after spending all of her money and leaving her destitute. Response has not been filed by defendant but will be posted in this forum when it is submitted.


Ginger Murphree Germany sued her husband, local attorney Robert Germany, and his alleged paramour, Holly Morgan in Madison County Circuit Court on February 24, 2011. Mrs. Germany charged Mr. Germany with "breach of contract", "fraud, deceit, and deception", "constructive trust and unjust enrichment", "conversion", "accounting", "intentional infliction of emotional distress", "negligent infliction of mental distress", "alienation of affection", "intentional infliction of mental distress", "negligent infliction of mental distress", and a request for injunctive relief. Mr. Germany achieved some fame in the Mississippi legal community when he was one of the lawyers who obtained a huge settlement with tobacco companies on behalf of the state of Mississippi several years ago and is considered one of the leading plaintiff's attorneys in the state.

The Germanys married on November 17, 2000. Mrs. Germany,61 years old, lives Scottsdale, Arizona while Mr. Germany, 53 years old, lives in Jackson. Ms. Germany states she is a housewife and has not worked for over thirty years. Mrs. Germany apparently inherited a large sum of money when her father, Dr. L.R. Murphree died in 1998. The complaint states Mr. Germany was the conservator for the estate. Ms. alleges the Mr. Germany took advantage of her in the following ways:

1. Mrs. Germany used her "inheritance money and credit" to buy and renovate a home in Jackson. The couple sold the home in 2008 for $2,225,000 million and the Germanys were to receive $1,163,515 at closing after the mortgage was released. Mrs. Germany alleges Mr. Germany forged her signature and cashed the check without her consent.

Mrs. Germany further alleges he immediately used the money to pay $389,818 to the IRS and cut himself a check for $750,000. He also paid $7,822 to a third party. The checks, closing statements, and limited power of attorney are included in the exhibits. Mrs. Germany claims she was not informed of the IRS debts nor that IRS agents were present at the closing "waiting to seize" (Question for lawyers: Does Mrs. Germany have a suit against the closing attorney? Does the power of attorney cover the cashing of the check?) additional taxes owed in the amount of $238,562. Mrs. Germany claims she received none of the money owed her. Copy of power of attorney.

2. Mrs. Germany's only remaining asset, an account at Morgan Stanley containing $290,630, was seized by the IRS last September to pay Mr. Germany's alleged "delinquent taxes incurred" because he allegedly "failed to pay income taxes."

3. The IRS placed a $600,000 lien on Mrs. Germany's home in Arizona due to Mr. Germany allegedly "failing to pay income taxes for the years 2008 and 2009."

4. Mrs. Germany's home has a two million dollar mortgage. The complaint states the lender instituted foreclosure proceedings against the home after Mr. Germany failed to make the mortgage payments for several months. Mrs. Germany also claims Mr. Germany ran up her American Express card.

5. Mrs. Germany inherited land from her father but claims her husband pressured her to sell the land in 2004 even though she claimed she wanted to keep it for the timber. Mr. Germany claimed he owed $564,000 in back taxes to the IRS and needed the money soooooo she sold the land and gave him the money.

6. Mrs. Germany only has $4,000 cash on hand and claims she is destitute. She claims the accumulated debt against her home is $3,600,000, an amount that is substantially more than the fair market value of the home.

The complaint claims in return for all of this "help", Mr. Germany promised to repay his wife when he received his share of the tobacco settlement in 2011. Mrs. Germany claims Mr. Germany became entitled to $15,000,000 in tobacco settlement money in 1999 but payment of $12,000,000 was deferred until 2011. Mrs. Germany claims he enticed her to move to Arizona where they bought a home but kept his citizenship in Mississippi.

However, Mrs. Germany argues while her then-husband lived high on the hog while leaving her destitute. $300,000 wine collections. Trips to the wine country. Expensive restaurants. An alleged girlfriend who is alleged to be married. Mrs. Germany sued her for alienation of affection (did I mention the Morgans live in Reunion? ). The Morgans jointly filed for divorce in March, 2009 but no action has been taken on the case. The complaint is filled with salacious allegations. Mrs. Germany seeks punitive damages, legal expenses, and other damages from the Mr. Germany and Mrs. Morgan. She also asks the court to order him to sell his wine collection, pay all IRS claims out of his "resources", bring the mortgage on the Arizona home current, and bar him from entering the Arizona home without the "express written consent" of Mrs. Germany.




62 comments:

Anonymous said...

Someone behaving like they are above the law?

Jim Craig said...

It's a bit odd that the lawyer signed the verification (which I'm not sure was necessary anyway). Verifications generally swear to the truth of the factual statements in a pleading, and I wouldn't think that Mrs. Germany's lawyer, Mr. Gilmer, would have personal knowledge of the underlying facts.

Anonymous said...

Why is this any of your business?

Anonymous said...

I do wonder about the closing attorney's conduct. I am no expert in the area, but I have sold three residences. The closing attorney, as a matter of practice, has required the presence of my wife and I when practical, and the check was made to each of us, requiring endorsement by each.

The one closing we performed by fax/counter-part, the closing attorney required each of our signatures and would not allow me to sign for both, or to have a POA to do so. We had to notarize the signatures on most of the documents, if not all, as I recall.

I don't know if there is any liability there, but I would think that the closing attorney was aware of the acrimony surrounding this sale, and probably should have been more vigilant.

A more interesting inquiry is whether the bank upon which the check was drawn has liability for allowing a check to be paid out with an allegedly forged signature?

I would look to the bank for recourse.

Andrew Newcomb

Anonymous said...

looks like she is after money he wants to get after their marriage is over.The delaying the large payment of fees for several years was that to hide assents? This is part of the Scruggs deal, right?

Burke said...

11:02, KF is out front with a story that will quickly hit the Northeast Jackson grapevine. Ms. Germany's first husband was Dr. Henry Tyler, a prominent cardiologist and socially high profile. She was high profile herself. Add in a lawyer who moved in the same circles with Dick Scruggs, and you have a newsworthy story.

Anonymous said...

Obviously Mrs. Germany and Mr. Germany had problems given the fact that they resided in different states and based on her facts there was a major trust issue long ago. Based on these alleged facts I find it hard to believe that Mrs. Morgan actually did anything to harm the marriage. It looks like it has been over for some time if Mr. Germany is forging his wifes signature. Also, if the AMEX is Mrs. Germany's how come she has not closed the account and opened a new one in just her name.

Gilmer said...

Barry Gilmer. Enough said.

Anonymous said...

Let the fun start!

Anonymous said...

"Germany claims Mr. Germany became entitled to $15,000,000 in tobacco settlement money in 1999 but payment of $12,000,000 was deferred until 2011."

Deferred until 2011? That's a million dollar question. Why was a settlement payment 'deferred'? Where's the money? Is another atty mishandling the incoming funds before disbursing them to the other attorneys? I only ask because if the tobacco guys didn't make their payment to the attorneys, you know the attys would be screaming. So. why was a settlement payment dolled out to the attorneys 'deferred'?

Anonymous said...

What does "living in Reunion" have to do with this?

Anonymous said...

Hubris

Anonymous said...

your timing is impeccable fish. "And Now For The Rest Of The Story" takes on a whole new meaning. this little flareup could be just the venue where the rest of the tobacco story is finally revealed. truth will be stranger than fiction

J. Kev said...

Barry Gilmer. Maybe the biggest jerk on the planet to ever hold a law license. He's driven three friends of mine from the practice of law entirely for periods of a year or more.

He'll be perfect. A total jerk for a really ugly case.

Queenfish said...

Amazingly well-written and entertaining complaint Mr. Gilmer! Defendants are repulsive. My 2 cents...

Anonymous said...

It seems that this is really about the amount of money Mrs. Germany hopes to gain from mud slinging. If she had so many issues with Mr. Germany over the years, don't you think she would have done something sooner? But no, it sounds like she likes to sit back eating bon-bons and letting him do all the work. Mrs. Germany hasn't worked in how many years? If she is as destitute as she says she is, why doesn't she dust off her diploma and do something about it.

Anonymous said...

Holly Morgan? Which one?

Anonymous said...

It will be interesting to see if Ms. Morgan and Mr. Germany remain united through this. So Holly and Germany live together in Reunion while Ginger lives in Scottsdale and Charlie lives in Canton...and they're ALL still married?? What the hell? What a shame for all of them.

Anonymous said...

Mr. Germany lives in downtown Jackson, above his law firm.

Anonymous said...

Sounds like Ginger is way past needing to look into the innocent spouse provisions of the tax law. If he "hid" their tax liability from her and it was on his income, the IRS should let her off the hook. If the AZ house is in both of their names, though, they're not going to back off with the liens.

Anonymous said...

Fun watching dirty lawyers cut each other up. Just shows money can not buy class.

Anonymous said...

"Holly Morgan? Which one?"

About 15 years ago, Brandon had a "Holly Morgan" that was WAY beyond hot. BUT, that was her maiden name.

Anonymous said...

@3:18, she's not that one.

Anonymous said...

Robert Germany is one lucky man!!! Holly Morgan is one hot mama!!!

Anonymous said...

Is it the Holly Morgan married to Charlie Morgan?

Anonymous said...

There are vehicles out there that allows an attorney to "structure" his legal fees and defer them for a period of time. That money is then invested, and taxes will be paid on the full amount when paid out. It is similar to a 401(k) or IRA and only works in certain situations. Too complex to explain herein, but it is not totally uncommon for an attorney to defer receipt of large fees coming their way.

Anonymous said...

Who is Charlie? and it's hawt boys not hot.

Anonymous said...

I'm of the opinion that the Feds need to look at the MS Profession of Lawyers and do a calculation of the amount owed in back taxes by attorneys. I guaran-damn-tee you they will find the figure very interesting. I also assure you there is a pattern to this behavior. Rico, oh, Rico.

Anonymous said...

What are you trying to insinuate with the Reunion comment?

Anonymous said...

So if the Germany family had millions hid away but paid no taxes each year; is that legal.The wife may call herself a homemaker but she also is a lawyer.Neither had a problem with all the funny dealing til the guy find a new model honey.The lawyers give and the lawyers than away.

Anonymous said...

The Morgans are not listed in the Reunion homeowners directory. Are you sure they live in Reunion? The address in the complaint is not in Reunion.

Anonymous said...

is this Charlie Morgan hardware store guy? he was/is the Canton golf guy too I seem to remember.

Anonymous said...

J. Kev. - I've had friends who had the same nightmare experience working for Barry Gilmer.

Anonymous said...

Sounds like another tobacco lawyer story - Nutt and his then married mistress Kristie. Birds of a feather flock together?

Anonymous said...

US Senator Trent Lott resigned out-of-the blue just weeks before the Scruggs was arrested and charged. We were all shocked with Lott resigned. A few weeks later, in hearing that he was a brother-in-law to Scruggs, it made perfect sense.

Anonymous said...

It's like a toomer, toomer's corner. Ha!

Anonymous said...

memo to wealthy men: If you are still so insecure as to need a pretty,young thing on your arm and in your bed to feel successful, high end call girls are less expensive and have the same reasons for their interest in you. Besides, you are not envied by many, rather you are seen as unloved and foolish, or just unloveable.

Anonymous said...

What purpose does this website serve? How does it improve life for anyone? What does it serve other than to beat on up on people? If there is a need to publish information like this then why not publish both sides of the story?

Anonymous said...

What purpose does your anonymous comment serve?

Anonymous said...

8:05 - by all means feel free to present another side of the story is you can. no one's stopping you.

Anonymous said...

Charley and Holley own a hardware store in Canton. Everyone presumed they were divorsed she lives in Reunion and he lives in Canton. She has an apartment cleaning business and he runs the hardware store in Canton.

Anonymous said...

8:05 When people acquire great wealth, either at the expense of others ( the tobacco settlement didn't help those who died and who didn't know the dangers) or use their wealth to gain favorable treatment in the system, they invite public ridicule when their lack of character is revealed.

This site should be a warning to those inclined to abuse their good fortune and a reminder to the rest of us that money doesn't buy happiness and shouldn't buy our trust or admiration.

Anonymous said...

Hey, this sounds like an episode of "SEX IN THE CITY" right here in our own backyard...can't wait for Part II. There's gotta be another side to this fiasco!

Anonymous said...

Ms. Morgan does not own a carpet cleaning business. She and Mr. Morgan own the hardware store together and they have a very successful flooring business associated with that. Which she built with determination and hard work for several years. She does not sit back and let someone else make her living for her. Do not insinuate that Ms. Morgan is a ball of fluff. Yes she is outwardly beautiful, but the real beauty comes from her heart.

Anonymous said...

I have know Ms. Morgan for 25 years and she is a self made woman. She started her carpet business herself and has worked her tail off to get what she has. She is an independent woman that has never needed a man to take care of her! Anybody that know Ms. Morgan knows that indeed she is a beautiful woman but her true beauty does come from the inside.

Anonymous said...

I believe the Hardware store was started by Mr. Morgans father.

Anonymous said...

Such a feeding frenzy of sharks in here. Such tremendous assumptions...rich people get what comes to them, etc??? Why these comments are almost as tacky as Mr. Germany's behavior. I truly hope Mrs. Germany is able to recoup what was rightfully hers and what she entrusted to her husband and lawyer to grow and protect. I would trust MY husband too. If we can't trust our spouses, who can we trust? Call that naive if you will. It's easy to say once the man's true colors are revealed. Mr. Germany had EVERYONE fooled.

Anonymous said...

Such a feeding frenzy of sharks in here.

Right. Just like life. Survival of fittest. Dog eat dog.

Anonymous said...

REALLY??!!! Holly Morgan shouldn't be discussed at all in a negative way in this situation. Who cares where she lives or where she works... Seriously? He probably fed her a line of bull like he fed his wife. She may not have known he was married considering his wife lives in another state!

Anonymous said...

Mr.Germany has a pattern of this kind of despicable behavior for decades. He puts on a good show, but is
all talk and no walk. I sure hope Ginger recoups her money and then some!

Anonymous said...

Mrs Germany was married to two wealthy men before Mr. Germany. She dumped both for greener pastures. Looks a lot like karma.
She went with Gilmer while she supposedly worked for him.

Anonymous said...

About Mr. Germany using Mrs. Germany's credit card - why didn't she just cancel the card?

Anonymous said...

Can't wait to see Mr. Germany's response. Keep us informed. Always another side of the story. Can't believe it took Mrs Germany, a lawyer , two years to figure out that the money from the sale of the Jackson home didn't get in her account too.

Anonymous said...

this is terribly sad to me. dont you people have problems of your own? i happen to know the morgans very well, and they are fine people. They are dear friends of mine and many others in canton. Hard working good people who have had their share of the same problems that each of us have had. Stop talking about something that has nothing to do with us, surely you have other things in your life to worry about. Karma is a bitch, i hope it doesnt hit you in the face when it comes your way. Find something to be thankful for.

Anonymous said...

ridiculous. surely you people have your own problems to worry about. really? i happen to know the morgan family and they are wonderful hard working good people. It makes my stomach turn to think that your lives are so boring that you have to talk dirt about these people. It has nothing to do with any of us. Get a life, find something to be thankful for. Karma is a bitch and i hope it doesn't slap you in the face !

Anonymous said...

Is is just me? Were the last 2 post written from a script? Hmmmmm! ...not that it matters either way. Bring on the the responses. There's got to be a wild other side of this story! I ain't taking a side here, but for such an educated lady and 2 former husbands, Mrs. Germany ought to have known where her money was going unless Mrs. Germany is really the alias "FRUIT CAKE LADY" we saw on Jay Leno a while back. C'mon man! Bring on the answers to the complaint! Let's here it!

Anonymous said...

This is what happens when you earn lots of money and you let gold digging women in your life. If you over 40 and have lots of money its called a prenup before you marry and its rarley marrage for love rather than greeed.

Anonymous said...

Barry Gilmer. Shocker.

Anonymous said...

Anybody know the outcome or status?

Anonymous said...

What is the status of this suit?

Anonymous said...

Mrs. G. (Girl Scout of the year.) Right.

Anonymous said...

John Grisham movie

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