Swayze Alford willfully and intentionally violated a court order, that not only caused me damage but caused his client damage. He also aided and abetted Evelyn Stevens, former sitter of my father, to get her name on $500,000 of cash. I figured it was a finder’s fee for Evelyn, for bringing a him a mentally incapacitated elderly man with $2,000.000, and who would believe anything Swayze told him.
We had our first hearing set for January 31, 2022. Swayze, according to Brad Golman, wanted to ‘mend fences’ reset the hearing. I was ready and wanted to go to trial. Swayze negotiated with Brad. I was not agreeable to the deal, but he pleaded with me I was getting what was important now and would worry about the rest later. Although this is Brad’s unethical action of poor negotiating, not Swayze’s. It was not a good deal considering I had done nothing wrong, Swayze had zero case, and Swayze was doing acute, intentional damage to his client. It was a bad deal and going the wrong the direction toward repairing the damage that Swayze and Evleyn had done to my father’s and I relationship just so they could take advantage of him.
This is the agreed order that Swayze agreed to, to get out of the hearing. A material term of the agreement was that the land sale proceeds would go into Swayze’s trust account.
Since it took me 6 months to get the evidence, I knew existed regarding a pickup truck that SR bought for Evelyn, I deposed Evelyn to find out what else she had gotten from my father. This 6 month delay in discovery also cost me two attorneys, as they were not able to get the evidence due to Swayze’s intentional disregard for the rules of discovery. The requested discovery would had disclosed Swayze’s unethical and illegal actions, so he delayed as long as he could in turning it over.
During Evelyn’s deposition she testified that her name was on 2 accounts at FNB with her and my father’s name of them. I had no idea of the existence of the accounts or how they were funded, so I subpoenaed the bank records. Swayze was aware of the FNB subpoenas, and at the time did not volunteer any explanation of the accounts, although the Mississippi Code of Professional Ethics, says he should had. Turns out, the FNB accounts were all Swayze’s idea. Swayze was present at the bank and instructed SR on how to open the account, and to deposit the $483,430 check. My father had no idea what FNB bank was, and just happens to be one of Swayze’s favored banks. SR has never decided on what bank to use in his life.
On 02/23/23 My father would open another account at FNB, so he could start writing checks to scammers and buy a truck for Evelyn. I doubt if he knew that he could do that or that could do it on his own. I assume Swayze advised him on that too. Who else would had told SR it was OK? Also, on 02/23/23 Evelyn put her name on both accounts.
Also in deposition she said she had her name on SR’s account at First Security Bank in Batesville. I asked her why her name was on the account. She said in case he needed medicines. I think a credit card with a limit on it would had sufficed. My cousin in TX would tell me that SR would say it was all Swayze’s idea to put Evelyn’s name on the account.
When I received the bank statements for FNB on 12/09/22 was surprised how much money was in the accounts. I looked at the deposits made, and the only deposit was a check for $483,430 from Mitchell & McNutt, the law firm that closed on the land sale. That money per court order was supposed to be in Swayze’s trust account. I was reassured by Brad by email that nothing would happen to it.
I was enraged. About as mad as I ever have been in my life. I assumed I could depend on the Mississippi Judicial system would to work as we the Mississippians set it up to work in the Mississippi Constitution. We, the Mississippians created the Constitution and the courts to protect our rights, not for lawyers or Judges to pimp the judicial system out for their own graft and greed.
There was an unambiguous court order that stated the proceeds were to be put into Swayze’s escrow account. It was one of the few things I got from Brad Golman’s bad negotiation with Swayze, and Swayze stole that. Swayze consciously violated a court order that was put into effect to protect his client. Swayze knew SR would squander the money. Swayze knew there was a court order in effect to prevent this. He must of known that nothing would happen to him if he got caught. Was it his narcissistic vanity that prevented him from following the court order? Did Swayze think he was above the chore of following court orders? One thing is for sure, that is Swayze did not give damn about his client, the court order, his oath as an officer of the court. Those virtues don’t mean a thing to a predatory, narcissistic psychopath. What is the point of living in the United States, if Mississippi is going to have a banana republic court system and our rights as citizens disregarded?
First, the money should had gone into a 1031 trust to purchase investment property, if the last wishes of my father before he lost his cognitive ability and before Evelyn and Swayze would take advantage of him. In order to protect the money from scammers, Evelyn and Swayze, I demanded it be protected and accounted for. This demand was a material and significant term of the court order I agreed to, and Judge Whitwell signed. It is Judge Whitwell responsibility to ensure the orders of the court are followed, and when he found out thru my hard work that the court order was willfully violated and unnecessary risk was incurred, Judge Whitwell ignored his oath and the Judicial Cannons of his elected office.
I sent Swayze an email that Friday afternoon, trying to hide my anger at him. He does not respond. Later he would say he was having a medical procedure, and I am not doubting that.
Over the weekend I worked from Friday afternoon to late Monday morning writing a motion and affidavit to obtain a temporary restraining order. Some $60k had already been lost due to Swayze’s gross negligence, and I did not want to see Evelyn withdraw the money.
Monday he calls, and we meet. Swayze was humble and apologetic. Said he regrets taking case. Regrets giving the money to SR. States that he told SR to wait to buy the pickup. He did not know SR was writing checks to scammers, or put the money in Evelyn’s name. He should had been reconciling the account. Swayze would state that he wanted to ‘earn a little interest’ on my father’s money, and forgot to get the court order amended. For the record I will state this was a lie from a predator, narcissist psychopath that could not accept the responsibility of what he intentionally did when caught by me. Later Swayze would file an affidavit restating this lie to protect himself.
In our meeting, I state ‘at best for you this is disqualification from the case, and worst disbarment’. I said I wanted this malicious and meritless case against me to end, and all SR assets to go into a trust with me as the administrator and beneficiary. This never happened. I did get the TRO, but Swayze never reconciled the account and my father continued to write checks to scammers. The Judge never admonished or sanctioned Swayze for his conscious disregard for the court order and the damage he caused. The Judge believed Swayze’s lie although given the evidence a reasonable adult would have known it was a lie. SInce, Swayze Alford can do no wrong in the 18th Chancery Court District of Mississippi that is under the control of Judge Robert Q. Whitwell, it was my duty to file this bar complaint.
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