The Honorable Karen K. Cole 25 Years on the Bench Chris Cobb and James Gonzalez A TT ORNEY S OF THE MONTHWelcome to the first issue of 2020. The First Coast is developing at an amazing pace, especially downtown. I am so pleased to introduce Chris Cobb and James Gonzalez and their new firm Cobb & Gonzales PA, which has a great team of attorneys specializing in Construction and Business litigation. I’m also excited to announce the launch of a new Judicial Series with the Honorable Karen K. Cole, an amazing woman with over 25 years on the bench. This issue, we also highlight a few of the wonderful things the legal community does over the holiday season including Freed to Run and There’s No Place Like Home. Happy Reading, THOMAS BRADY PUBLISHER 904-398-2234 TBRADY@ATTORNEYATLAWMAGAZINE.COM Attorney at Law Magazine is published by: Target Market Media Publications Inc. Ken Minniti PRESIDENT & CEO Howard LaGraffe VICE PRESIDENT Caitlin Keniston EDITOR Thomas Brady FIRST COAST PUBLISHER Veronica Jauregui ASSISTANT EDITOR Nancy Kinnally LOCAL EDITOR Kate Quealy LOCAL ADMINISTRATOR Jaqueline Dávila GRAPHIC DESIGN Joseph Bisaillion Amy Copeland Millie Sagesse Josh Shilts CONTRIBUTING EDITORS Susan Cushing Nancy Kinnally CONTRIBUTING WRITER Dan Harris PHOTOGRAPHY Copyright ©2020, Target Market Media all rights reserved. Reproduction in whole or part is strictly prohibited. Advertising rates on request. Bulk third class (standard) mail. Although every precaution is taken to ensure accuracy of published materials, Attorney at Law Magazine & Target Market Media cannot be held responsible for opinions expressed or facts supplied by authors. Corporate Office : 5828 North 7th Street, Suite 200 Phoenix, AZ 85014 Phone (480) 219-9716 www.tmmpublications.com • info@tmmpublications.com Northern Alabama | Atlanta | Chicago | Dallas | Ft. Lauderdale Jacksonville | Los Angeles | Miami | Minnesota North Carolina Triangle | Ohio | Philadelphia | Phoenix | San Antonio Salt Lake City | Middle Tennessee | Washington D.C. THOMAS BRADY & THE HONORABLE KAREN K COLE FROM THE Publisher 7 With Construction Boom Comes Cost: Construction Fraud By Josh Shilts 8 Chris Cobb and James Gonzalez Attorneys of the Month 12 The Honorable Karen K. Cole: Judicial Profile 15 Jacksonville’s Opioid Crisis: A Treatment Option that Works By Millie Sagesse, LMHC, and Amy Copeland 17 Remote Online Notarization goes live in Florida By Joseph Bisaillon SPECIAL SECTIONS 19 Guardian Ad Litem Event Spotlight 21 Freed to Run Event Spotlight TABLE OF Contents AttorneyAtLawMagazine.com 5It seems wherever I look in Northeast Florida these days I see some construction proj- ect. New homes in St. Johns County, Development in the Downtown dis- trict and redevelopment of com- mercial spaces is commonplace here. Naturally the eternal pessimist in me focused on how much fraud is hap- pening around us. Doesn’t every- body? Construction fraud involves many schemes and perpetrators. Educat- ing oneself against the types of fraud prevalent in construction can save potential victims money and time. According to a global fraud study by the Association of Certified Fraud Examiners (ACFE), the median loss in more than 40 construction fraud cases examined was $245,000. Construction fraud is a form of fraud committed by a construction company or a contractor. This type of fraud can include performing sub- standard repairs or cheating another party involved in the construction project such as the client. Construc- tion companies are also potentially subject to fraud by internal employ- ees committing fraudulent actions. The below examples represent just some of the fraud schemes that take place in the industry: Bid Rigging - fraudulent scheme in procurement auctions resulting in non-competitive bids and can be performed by corrupt officials, by firms in an orchestrated act of collu- sion, or between officials and firms. Subcontractors may work to rig bids and fix prices. Kickbacks and bribes are commonplace in this scheme; False Invoices – party creates in- voices at inflated rates or for sub- standard products, sometimes note delivered, and charges the party more than the actual costs. Examples include lower grade materials being used in place of the quoted items; and Double Billing – contractor bills for a lump sum and submits an in- voice for material and time that was already in the initial budget. While consumers are victim’s con- struction companies can also be af- fected by fraud. Most of these com- panies and contractors that they work with do not have the resources to monitor or prevent fraudulent ac- tions. And when the money is roll- ing in management/owners can lose sight of certain employee actions. Some examples include: Fake Vendors – company book- keeper creates a fake vendor and processes payment for work not per- formed or materials not received. Companies with a high volume of vendors or payments are more likely to be affected by this type of scheme; Ghost Employees – a ghost em- ployee is just what it sounds like, an employee who does not exist. The scheme is similar to fake vendors. I have also seen this happen in multi- owner situations when one partner looks to extract profits from other partners in illegal fashion; Inflated Timecards – employees submit time cards not capturing true time and no oversite or audit is per- formed to ensure that the company is compensating employees or subcon- tractors for work actually performed; and Misapplied Payment Receipts – wherein accounts receivable is writ- ten off and payment is sent to either a fake vendor or a vendor who is in collusion with the employee provid- ing payment. The unfortunate truth is that when the economy is “ticking” fraudsters will take advantage of internal con- trol breakdowns to find ways to meet their pressures and rationalizations. While we cannot put a stop to these pressures and rationalizations com- panies, consumers and government contracting authorities can employ internal controls to prevent or detect such fraudulent schemes. Some of the best, and most resourceful con- trols in my experience, include own- ers reviewing bank and credit card statements on a monthly basis, im- plementing formal policies and pro- cedures asking employees, vendors and affiliated parties to acknowledge their compliance with them and providing anti-fraud education and a “whistleblower” or “open door” policy. While Northeast Florida is un- dergoing exciting times, we must learn from the lessons are fellow neighbors in Southern Florida and other growing areas of the Country went through during construction boom times. The one constant I have learned in my experience is that when money is flow- ing, fraudsters will construct fraudu- lent schemes to enrich themselves. JOSH SHILTS | Forensic Accounting Josh Shilts is President of Shilts CPA, PLLC, providing law firms, corporations, individuals and government entities with expert analysis of financial issues resulting from judicial proceedings, regulation, and strategic decisions. To be successful in the complicated world of forensic accounting and valuation requires more than analytical and number-crunching skills. It also requires the ability to take highly technical data and communicate it in under- standable language, sometimes in front of judges and juries. Josh brings this unique mix of abilities to the com- plex financial matters and disputes he and his talented team help resolve. Shilts is equal parts expert, accounting sleuth, and engaging and effective communicator. With Construction Boom Comes Cost: Construction Fraud AttorneyAtLawMagazine.com 7A TT ORNEY S OF THE MONTH Whether facing off in the court- room or on a ball field, Chris Cobb and James Gonzalez always shared a mutual respect. And, while they initially became acquainted from across the courtroom aisle and oppos- ing dugouts, it became increasingly apparent that they shared more com- monalities than differences. “Over time and many conversa- tions, it became obvious to both of us that we shared philosophies not only about legal matters, but in business and most importantly in our desire to find ways to improve the practice of law,” Gonzalez explains. “Eventually, we began to discuss how by work- ing together we could try to make a positive impact and help move things forward.” These conversations led to the cre- ation of Cobb & Gonzalez, PA which has proven to be a formidable legal force within the Jacksonville commu- nity, specializing in construction and business law. This robust firm is com- prised of a team of highly skilled pro- fessionals who combine progressive thinking, hard work and advanced technology to help ensure clients achieve their own business objectives. Indeed, Cobb and Gonzalez have tak- en the concept of “team” to a whole new level. PLATFORM FOR SUCCESS With a clear concept and ambitious vision, these two accomplished attor- neys set out to create a firm that would reflect their ideals of how law could and should be practiced. Even their firm motto is an explicit commitment to the concept they conceived togeth- er: “Excellence is the foundation we stand on to reach higher.” “There are external and internal processes,” says Gonzalez. “What I mean by that is, there are ways to im- prove the practice of law internally within the law firm as well as external methods. For instance, internally we are trying to implement a culture that encourages professional autonomy. We work with very talented attorneys and we put enough trust in them so they feel as though they can make an impact on their cases and clients and not have to be sitting at a desk ‘report- ing in’ every morning. “We encourage open communica- tion and collectively come up with Chris Cobb and James Gonzalez Seeing the Field WRITTEN BY SUSAN CUSHING PHOTOGRAPHED BY DAN HARRIS ATTORNEY AT LAW MAGAZINE · FIRST COAST · VOL. 5 NO. 1 8ideas on the best way to handle cases,” he con- tinues. “The key is them knowing that they have our full support and trust.” “I think we also try to offer a platform so the lawyers here can be the best professionally they want to be,” adds Cobb. “You can come in and do your job, or you can use it as a plat- form to launch yourself into what we would consider greatness. One of the things that I always ask is, ‘What are you doing to separate yourself from the pack?’ In other words, what are you doing to distinguishing yourself?” Cobb and Gonzalez, both experienced legal professionals, lead by example. For instance, Cobb’s own version of distinguishing him- self occurred when he was working at a local firm known for their construction practice. In order to set himself apart, Cobb applied for and was appointed by Governor Rick Scott, to a position on the Construction Licensing Board. In 2017, he was selected as the young- est Chairman of the Construction Licensing Board in its history. “That kind of differentiated me from the pack,” he says. “Now, I get cases from all over the state. People refer me because I’m seen as the ‘construction licensing guy’.” Similarly, Gonzalez handles a lot of gov- ernment construction contracts as a result of some of the work he’s done while serving our country in the Air Force JAG Corps. “I also perform quite a lot of construction contract review,” he says. “That’s something we offer our clients when they have a govern- ment, construction or business contract, be- cause we have the know-how and experience to advise them and walk them through the process.” BUILDING A TEAM Both men have been practicing law for many years, and over that time have been affiliated with various firms throughout the Jacksonville area. As with every career, it has been a growing experience for each of them, one that they liken to their experiences while playing baseball. Cobb and Gonzalez both played ball throughout high school and col- lege and Cobb even played for a while in the minor leagues with the Montreal Expos orga- nization. “You change teams throughout your ado- lescent and college years and learn from all the various coaching provided,” says Gonza- lez. “You take the things you like and discard those you don’t. That’s kind of how we’ve ap- proached putting this firm together, taking the concepts and strategies learned from those mentors and practices that we valued and implementing them here. Some strategies, of course, needed to be adjusted or tweaked to fit our vision.” “We are very much like-minded in that,” agrees Cobb. “We discuss these prior experi- ences and ideas; discard the prior experiences we feel were ineffective and implement those which we know have worked and fit our group and culture. I think the platform we have now allows people to be more flexible with their office time. You know, I think there is a somewhat dated perception that in order to be a great lawyer you must sit at a desk for 12 hours a day. You still need to work very hard, but the reality is, with online capabilities, web research, phones, messaging, the internet and video conferencing, you don’t have to be sit- ting at your desk to be effective.” “Frankly, I would argue that you can’t law- yer from behind a desk,” he adds. “You’ve got to get out and meet people. You need to be out there where it’s happening - on job sites, in as- sociation board meetings and at inspections. We certainly don’t measure our attorneys’ val- ue or productiveness by how many hours they clock at their desk. We trust our lawyers to do and be their best. The results, or lack thereof, will speak for themselves.” MEETING OF THE MINDS It seems there is always a defining moment when fate, providence or what have you, steps MEGAN C. GOODALL, CHRISTOPHER M. COBB, JAMES M. GONZALEZ, AMANDA L. INGERSOLL AND WILLIAM F. COBB “I think we also try to offer a platform so the lawyers here can be the best professionally they want to be. You can come in and do your job, or you can use it as a platform to launch yourself into what we would consider greatness.” AttorneyAtLawMagazine.com 9Next >