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Prison-Bound Landlord's Mother, Attorney At Odds

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By ELAINE SILVESTRINI, The Tampa Tribune

Published: October 30, 2007

Previous Coverage:
10/25/07: Landlord's Injuries Might Delay Restitution
05/30/07: Prison Sentence Delayed For Man In Coma

TAMPA - There has been a falling out between an attorney for prison-bound landlord Steven Green and Green's mother, who has been appointed Green's temporary guardian because of his extensive brain injuries, according to court documents.

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Steven Green (File Photo)

Green's attorney, Louis E. Cherico, asked a judge to allow him to withdraw from the case because of 'material differences' between him and Green's mother 'in the handling of this matter.' Cherico's motion does not give any further information about the dispute.

However, U.S. District Judge Susan Bucklew denied Cherico's request, saying he must remain on the case until Green reports to prison and pays the restitution that was ordered as part of his sentence for tax evasion and fraud.

'The court will not allow any of Steven Green's attorneys to withdraw until such time as Steven Green complies with the court's sentence,' Bucklew wrote in an order issued Monday morning.

Green was sentenced in February to 33 months in prison, followed by three years of probation. Bucklew gave him time to get his affairs in order before reporting to prison.

In May, he was hit by a car outside a New York nightclub. He has been hospitalized since the accident with what his attorneys describe as extensive brain injuries that prevent him from making his own decisions.

Another attorney for Green has asked Bucklew to delay the deadline for him to pay more than $4 million in restitution to Wells Fargo Bank to give his mother time to be appointed permanent guardian and gather the necessary money.

A federal prosecutor has filed a response stating he does not object to an extension for 30 days, but wanted a hearing for a six-month extension.

At the moment, Mary Green is legally empowered only to make emergency financial decisions and cannot make her son's restitution payment, Edward Kratt wrote. Mary Green should be able to arrange for the payment within six months, according to a defense pleading.

Kratt attached to that motion a letter from physician Steven R. Flanagan, who wrote that Steven Green is at Mount Sinai Medical Center being treated for 'severe physical and cognitive impairment resulting from severe traumatic brain injury.'

Green's impairments are in the area of 'attention, concentration, memory, processing speed and executive skills,' the doctor wrote. 'He is incapable of making medical or financial decisions at this time and likely will not be able to for at least another six months ... his disabilities will most likely be permanent.'

Green also is 'incapable of caring for himself and relies on others for all forms of mobility and completion of activities of daily living,' Flanagan's letter states.

According to court filings, Green was in a coma for 40 days.

Once one of Tampa's worst code violators for low-income housing, Green was ordered as part of his sentence to pay restitution to the bank he defrauded by using a false Social Security number on a $9 million mortgage application for the once-condemned Amberwood apartment complex on North Florida Avenue.

Reporter Elaine Silvestrini can be reached at (813) 259-7837 or esilvestrini@tampatrib.com.

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