IN THE SUPREME COURT OF THE MUSCOGEE (CREEK) NATION (2019)

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IN THE SUPREME COURT OF THE MUSCOGEE (CREEK) NATION

SUPREME COURT

In re: The Matter of the Continued ) FILED

Admission to the Muscogee (Creek) )

Nation Bar Association by ) 7

Benjamin P. Zvenia ) MAR 1 4 2013

ADMINISTRATIVE ORDER 2019-01 COURT CLERK

MUSCOGEE (CREEK) NATION

“The Muscogee (Creek) Nation Supreme Court inherently possesses original and exclusive

jurisdiction in all matters regarding procedure and standards for admission of attorneys to practice

law before Muscogee (Creek) Nation courts. This Court possesses original jurisdiction to

investigate claims of attorney professional misconduct and investigate allegations of the

unauthorized practice of law before the Nation’s courts. This Court also possesses original

jurisdiction to discipline for cause any and all attorneys duly admitted to practice law before

Muscogee (Creek) Nation courts found to have engaged in professional misconduct. No attorney

duly admitted to the Muscogee (Creek) Nation Bar may place himself beyond the power of this

Court to maintain the roll of attorneys in accordance with the following rules by taking unto

v1

himself any office or position or shrouding himself in any official title.

I. INSUFFICIENT CREDENTIALS FOR MEMBERSHIP IN THE MUSCOGEE

(CREEK) NATION BAR

On June 4, 2018, the Court unanimously adopted Administrative Order 2018-02, In_re:

Adoption of Rules Governing the Muscogee (Creek) Nation Bar and Attorney Professional

Conduct.” (Hereinafter, the “Rules”). In a measured effort to identify what credentials and

1 See Administrative Order 2018-02, In re: Adoption of Rules Governing the Muscogee (Creek) Nation Bar and

Attorney Professional Conduct, Pg. 1.

2 These Rules were adopted following a sixty (60) day notice and comment period in which all bar members were

individually notified of the proposed rule change and the proposed rules were placed on the Court’s website for review

by the general public for the entire sixty (60) day notice and comment period. No comments were received by the

Court. These Rules superseded the administrative order previously published by the Court Jn re: Adoption of the

American Bar Association Model Rules of Professional Conduct (November 13, 2007) (all justices concurring).

Page 1 of 9

Administrative Order 2019-01, In re: The Matter of the Continued Admission to the Muscogee (Creek) Nation Bar

Association by Benjamin P. Zvenia, March 14, 2019

supporting documentation had been, and would continue to be required for admission to the

Muscogee (Creek) Nation Bar Association, the Court included the language of section 1-5 of the

new Rules, which provides:

At the time an application for admission to the Bar is filed, applicants shall also

provide:

(a) The completed Application for Admission to the Muscogee (Creek)

Nation Bar, including a signed and dated consent to jurisdiction on

the form prescribed by the Supreme Court; and

(b) An official, original certificate of good standing issued by the bar of

the highest court of any state of the United States or the District of

Columbia dated no more than ninety (90) calendar days prior to the

date of application to the M(C)N bar; and

(c) A seventy-five dollar ($75.00) check or money order made payable

to the M(C)N Bar Association (consisting of a one-time, nonrefundable fifty-dollar ($50.00) application fee and a twenty-five

dollar ($25.00) annual membership fee refundable upon denial of

the application for admission).

[Emphasis Added]

Upon review of the then-current Muscogee (Creek) Nation Bar membership, it was

determined that over seventy (70) Bar Members were deficient under either Rule 1-5 (a), for lack

of a consent to jurisdiction form on file, 1-5 (b), for lack of a certificate of good standing on file,

or 1-8, for lack of an oath of admission on file. Letters were sent to each Bar Member in mid-

December, 2018, requesting supplementation of their Bar records with the necessary (and missing)

documentation. The Bar Members were advised that failure to supplement their Bar records could

result in disbarment.

The Respondent’s original Application for membership to the Muscogee (Creek) Nation

Bar Association was filed on January 18, 2005. Under the Application section entitled “Bar

Memberships” the Respondent answered, “‘See attached material[.]” The attached “material” was

a “Bio of the Hon. Benjamin Zvenia[,]” which included a “Membership/Affiliations” section,

wherein the Respondent listed the “Bar Association of the District of Columbia (From 1997 to

Page 2 of 9

Administrative Order 2019-01, In re: The Matter of the Continued Admission to the Muscogee (Creek) Nation Bar

Association by Benjamin P. Zvenia, March 14, 2019

Present)[.]” No certificate of good standing was provided at the time of the Respondent’s

admission for either the Bar Association of the District of Columbia or that of any other state.

On December 18, 2018, a letter was sent to the Respondent advising him of the rule changes

and requesting that he submit an original and certified certificate of good standing to the Court

within thirty (30) days or face possible expulsion from the Muscogee (Creek) Nation Bar. (See

Exhibit 1). In the weeks that followed, the Respondent contacted the Office of the Supreme Court

via telephone and email requesting that this Court reconsider its application of the new Rules to

previously admitted Bar Members, as, the Respondent argued, such application was in violation

of Article 1, Section 10, of the U.S. Constitution, forbidding a state to pass “any bill of attainder,

ex post facto law, or law impairing the obligation of contracts... [.]” The Court reviewed the

Respondent’s claim and determined that its application of the new Rules towards previously

admitted Bar Members would not be in violation of the ex post facto clause of the U.S.

Constitution, as the new Rules were not criminal or punitive in nature, but concerned a civil

regulatory scheme, clearly rationally related to the Court’s legitimate goal of insuring a proficient

attorney Bar for the protection of individuals coming before the courts of the Muscogee (Creek)

Nation.

On January 31, 2019, the Court sent a second letter to the Respondent advising him that,

following review of his ex post facto claim, the Court stood by its previous request for submission

of an original and certified certificate of good standing from the Bar Association of the District of

Columbia or from any other state of the United States. (See Exhibit 2). The Court extended the

Respondent’s submission deadline for another thirty (30) days from the date of the letter.

On February 11, 2019, the Respondent called the Office of the Supreme Court and advised

that he received the Court’s January 31, 2019, letter and that he would be submitting a second,

Page 3 of 9

Administrative Order 2019-01, In re: The Matter of the Continued Admission to the Muscogee (Creek) Nation Bar

Association by Benjamin P. Zvenia, March 14, 2019

formal request for reconsideration within the coming days. As of the date of this Administrative

Order, no such formal request for reconsideration has been received by the Clerk of the Supreme

Court. Further, this Administrative Order comes after the expiration of the Respondent’s second

thirty (30) day deadline/extension of time in which to show proof of good-standing in the highest

court of any state of the United States or in the District of Columbia.

II. CANDOR TOWARDS THE COURT

During communications with the Respondent, as described in part 1, above, the Court

independently contacted the Bar Association for the District of Columbia to verify the

Respondent’s membership in that organization (based on the Respondent’s claim of membership

in his 2005 Application to the Muscogee (Creek) Nation Bar Association). The Court was advised

on February 12, 2019, that no record was found under the Respondent’s name. (See Exhibit 3).

On February 13, 2019, a request was sent to the Respondent for his District of Columbia bar

number, so that a second search could be conducted by the Bar Association for the District of

Columbia using this unique identifier. (See Exhibit 4). The Respondent replied, essentially

claiming that the “Bar Association of the District of Columbia[,]” as described in the Respondent’s

Application, was not the licensing body that manages the attorney bar for the District of Columbia,

but was some other voluntary, non-licensing organization by the same name. This Court can find

no record of the existence of such an organization.

At this time, the Court also located a March 26, 1999, Nevada Supreme Court Order

Removing Benjamin Zvenia from List of Appointed Non-Attorney Arbitrators, wherein, the Nevada

State Bar Association was directed to conduct an investigation into the Respondent concerning his

“qualifications and past record” and to make a recommendation concerning the Respondent’s

fitness as an arbitrator. (See Exhibit 5). The Nevada State Bar issued its report and

Page 4 of 9

Administrative Order 2019-01, In re: The Matter of the Continued Admission to the Muscogee (Creek) Nation Bar

Association by Benjamin P. Zvenia, March 14, 2019

recommendation in an October 1, 1998, filing wherein it was found that the Respondent was

previously convicted of practicing medicine without a license, that he claimed to be a member of

a foreign bar association of which he was not a registered member and that the Respondent

misrepresented to the Nevada Bar Association that he held a PH.D. (See Exhibit 6). Based on

these findings, the Nevada State Bar concluded that “‘it is fair to inquire with a curious eye as to

whether Mr. Zvenia in fact holds a PH.D. or similar advanced degree, or is in fact a law graduate.”

Further finding that the Respondent was “not qualified to be listed as an Arbitrator in the State of

Nevada.” Based on these recommendations, the Nevada Supreme Court removed the Respondent

from its list of non-attorney appointed arbitrators. The Respondent failed to disclose this Order to

the Muscogee (Creek) Nation Bar Association, or to this Court at the time of his admission and in

the years following.

Additionally, the Court located a July 26, 2000, Order of Disbarment, filed by the

Duckwater Shoshone Tribal Court concluding that the Respondent “was not candid with this Court

and failed to appraise this Court of his 1994 felony conviction, not graduating from an accredited

college of law, and his removal from the Nevada Supreme Court’s List of Appointed Non-Attorney

Arbitrators, thereby interfering with this Court’s proper initial and continuing consideration to

allow him to practice law, that Benjamin P. Zvenia is hereby disbarred from the practice of law

before the courts of the Duckwater Shoshone Nation Bar Association Member List.” (See Exhibit

7). The Respondent failed to disclose this Order to the Muscogee (Creek) Nation Bar Association,

or to this Court at the time of his admission and in the years following.

Page 5 of 9

Administrative Order 2019-01, In re: The Matter of the Continued Admission to the Muscogee (Creek) Nation Bar

Association by Benjamin P. Zvenia, March 14, 2019

This Court has long adopted a modified version of the Model Rules of Professional

Conduct. (Hereinafter, the “Model Rule(s)”).? Model Rule 8.1 provides the following:

An applicant for admission to the bar, or a lawyer in connection with a bar

admission application or in connection with a disciplinary matter, shall not:

(a) Knowingly make a false statement of material fact; or

(b) Fail to disclose a fact necessary to correct a misapprehension

known by the person to have arisen in the matter, or knowingly fail

to respond to a lawful demand for information from an admissions

or disciplinary authority, except that this rule does not require

disclosure of information otherwise protected by Rule 1.6.

As the licensing body for the Muscogee (Creek) Nation Bar Association, it should be selfevident that the duty of the Court in its review of Bar applications is to insure that only qualified

and ethically fit individuals are granted admission to practice law before the Nation’s courts. As a

practical matter, this can only be achieved when the applicant is forthcoming about his record,

education and professional affiliation credentials. This would include open disclosure by the

applicant of any past criminal convictions or orders from courts of other jurisdictions concerning

the applicant’s criminal or professional record or other issues of moral import. By failing to

disclose issues of this kind, an applicant misrepresents his qualification and fitness to the Court in

violation of Rule 8.1 of the Model Rules.

The Respondent failed to disclose his criminal record to the Court and has failed to disclose

orders from two (2) jurisdictions (that are known to this Court.) concerning his deficient, if not

fraudulent, applications for professional certification in those jurisdictions, both in violation of

Rule 8.1 of the Model Rules of Professional Conduct. The Respondent has also failed to provide

3 A modified version of the Model Rules of Professional Conduct was initially adopted by this Court on November

13, 2007. However, application of the Model Rules has long held strong persuasive authority with this Court and the

management of it Bar membership since its initial adoption by the House of Delegates of the American Bar

Association on August 2, 1983.

Page 6 of 9

Administrative Order 2019-01, In re: The Matter of the Continued Admission to the Muscogee (Creek) Nation Bar

Association by Benjamin P. Zvenia, March 14, 2019

proof of membership in a state bar association or the District of Columbia in violation of the Rules

Governing the Muscogee (Creek) Nation Bar Association. For these reasons the Court issues its

Order immediately disbarring Benjamin Zvenia from the practice of law before the courts of the

Muscogee (Creek) Nation and removing his name from the role of admitted Bar Members. The

Court further orders Benjamin Zvenia to give notice to all bar or professional authorities of any

jurisdiction in which he currently practices, or in which he applies for membership in the future,

of this Court’s order, and give notice to any and all clients relying on his admission in this Court

of this Court’s order.

IT IS HEREBY ORDERED that Benjamin Zvenia is immediately disbarred from the

practice of law before the courts of the Muscogee (Creek) Nation and shall be immediately

removed from the roll of admitted bar members.

IT IS FURTHER ORDERED that Benjamin Zvenia shall give notice to all bar or

professional authorities of any jurisdiction in which he currently practices, and/or is admitted to

practice, of this Court’s order within thirty (30) days of this order’s filing date.

IT IS FURTHER ORDERED that Benjamin Zvenia shall give notice to all bar or

professional authorities in which he seeks admissions in the future of this Court’s order.

IT IS FURTHER ORDERED that Benjamin Zvenia shall give notice to all of his clients

relying on his admission in this Court of this Court’s Order within thirty (30) days of this order’s

filing date.

Page 7 of 9

Administrative Order 2019-01, In re: The Matter of the Continued Admission to the Muscogee (Creek) Nation Bar

Association by Benjamin P. Zvenia, March 14, 2019

FILED AND ENTERED: March 14, 2019

— =e Ee oo) o— Ge ant

Andrew Adams III George Thompson, Jr.

Chief Justice Vice-Chief Justice

Associate Justice

Associate Justice

Kathleen R. Supra _ Woda HOw

Kathleen Supernaw Montie Deer

Associate Justice Associate Justice

MCNAC, J, not participating in the decision.

Page 8 of 9

Administrative Order 2019-01, In re: The Matter of the Continued Admission to the Muscogee (Creek) Nation Bar

Association by Benjamin P. Zvenia, March 14, 2019

CERTIFICATE OF MAILING

I hereby certify that on March 14, 2019, I mailed a true and correct copy of the foregoing

Administrative Order with proper postage prepaid to each of the following: Benjamin Zvenia, 5940

South Rainbow Boulevard, #1000, Las Vegas, Nevada 89118. A true and correct copy was also

hand-delivered to: Donna Beaver, Clerk of the Muscogee (Creek) Nation District Court.

Connie Lopua-

Connie Dearman, Court Clerk

Page 9 of 9

Administrative Order 2019-01, In re: The Matter of the Continued Admission to the Muscogee (Creek) Nation Bar

Association by Benjamin P. Zvenia, March 14, 2019

Este Cvte Mvskoke Etvlwv Fvtceckv Cuko Hvlwat

Muscogee (Creek) Nation Supreme Court

P.O. Box 546 - Okmulgee, OK 74447

Telephone: 918-758-1439 - 918-732-7633

Fax: 918-758-1440

Benjamin Zvenia

December 18, 2018

Dear Bar Member,

On June 4, 2018, the Justices of the Muscogee (Creek) Nation Supreme Court entered

Administrative Order 2018-02, In re: Adoption of Rules Governing the Muscogee (Creek) Nation

Bar and Attorney Professional Conduct. This Order formalized the admissions requirements for

the Muscogee (Creek) Nation Bar Association, including requirements that each applicant provide

an “official, original certificate of good standing issued by the bar of the highest court of any state

of the United States or the District of Columbia dated no more than ninety (90) days prior to the

date of application to the M(C)N bar[.]”

Our records do not indicate that you have provided the Supreme Court Clerk with an “official,

original certificate of good standing issued by the bar of the highest court of any state of the United

States or the District of Columbia” for inclusion in your file. The Court is Tequesting your

assistance in updating your file with this required document. Please be advised that failure to

submit this certificate within thirty (30) days of the date listed above will result in the Suspension

of your license to practice law before the Muscogee (Creek) Nation Courts.

Should you have any questions, please feel free to email EE or call

our office at the number listed above.

Muscogee (Creek) Nation Supreme Court

EXHIBIT 1

Este Cvte Mvskoke Etvlwv Fvtceckv Cuko Hvlwat

J

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4 7

.

Muscogee (Creek) Nation Supreme Court

P.O. Box 546 - Okmulgee, OK 74447

Telephone: 918-758-1439 + 918-732-7633

Fax: 918-758-1440

Hon. Dr. Benjamin Zvenia

January 31, 2019

Honorable Dr. Zvenia,

The Court has reviewed your January 22, 2018, written objection to our December 18,

2018, letter advising you that, pursuant to our recently adopted Administrative Order, 2018-02, In

re: Adoption of Rules Governing the Muscogee (Creek) Nation Bar and Attorney Professional

Conduct, each MCN bar member must be a member in good standing with the bar of the highest

court of any state of the United States or the District of Columbia, and requesting that you show

proof of such state/D.C. membership within thirty (30) days of the Zetter or face expulsion from

the Muscogee (Creek) Nation Bar Association.

The Court has considered your argument that such a provision is in violation of Article 1,

Section 10, of the United States Constitution, which forbids a state to pass “any bill of attainder,

ex post facto law, or law impairing the obligation of contracts... .[.]” However, upon review of U.S.

Supreme Court precedent on the subject, it is clear to our Court that the ex post facto prohibition

does not apply in this civil/regulatory setting.

The U.S. Supreme Court has consistently held that “[tJhe Ex Post Facto Clause flatly

prohibits retroactive application of penal legislation.” [Emphasis Added] (See, most recently,

Bank Markazi v. Peterson, 136 S.Ct. 1310.) In many cases the U.S Supreme Court has concluded

specifically that ex post fact prohibitions only apply in a criminal context. (See, Calder v. Bull, 3

U.S. 386, the first U.S. Supreme Court decision concerning the application of the ex post facto

clause, in which the Court provided the following advice, “I will state what laws I consider ex post

facto laws, within the words and the intent of the prohibition. 1st. Every law that makes an action,

done before the passing of the law, and which was innocent when done, criminal; and punishes

such action. 2nd. Every law that aggravates a crime, or makes it greater than it was, when

committed. 3rd. Every law that changes the punishment, and inflicts a greater punishment, than

the law annexed to the crime, when committed. 4th. Every law that alters the legal rules of

evidence, and receives less, or different, testimony, than the law required at the time of the

commission of the offence, in order to convict the offender{,]”see also Carpenter v. Pennsylvania,

58 U.S. 456, 463, where the Court concluded that “if the [Act] involved a change in the law of

succession, and could be regarded as a civil regulation for the division of the estates...this court

EXHIBIT 2

could not pronounce it to be an ex post facto law, within the 10" section of the 1* article of the

constitution.” [Emphasis Added]).

While admittedly, civil legislation may sometimes produce punitive results, we are

confident that Administrative Order 2018-02 concerns a civil regulatory scheme (i.e. management

of our Bar membership), not a penal change. Such legislation has been consistently upheld by the

U.S. Supreme Court over ex post facto challenges (See Hawker v. People of New York, 170 U.S.

189, where a change in the state’s medical licensing requirements retroactively prohibited the

petitioner from maintaining his medical license due to a prior felony conviction. The Court, citing

Dent v. West Virginia, 129 U.S. 114, held that “[t]he power of the state to provide for the general

welfare of its people authorizes it to prescribe all such regulations as, in its judgment, will secure

or tend to secure them against the consequences of ignorance as well as of deception and fraud.”).

Our Court has made the conscious decision that our citizenry will be better protected and ensured

more effective assistance of counsel when the Nation’s Bar membership are required to be state

licensed attorneys, having completed formal legal training and having passed a state bar exam

exhibiting their proficiency in the law.

Additionally, with respect to any possible due process concerns, substantively, we are of

the opinion that Administrative Order 2018-02 is clearly rationally related to our legitimate goal

of insuring a proficient attomey Bar for individuals coming before the Courts of the Muscogee

(Creek) Nation, and procedurally, that each Bar Member was timely notified in early April of 2018

of proposed amendments to the MCN Rules of Professional Conduct (you were specifically

notified on April 2, 2018, at 12:28 p.m., CST) and provided sixty (60) days, or until June 1, 2018,

to submit comments or objections to these proposed changes. No comments were received and the

proposed revisions went into effect on June 4, 2018.

As such, we stand by our request for evidence of your state bar good standing and will

extend our request for an additional thirty (30) days from the date of this letter for you to provide

our office with an original, certified certificate of good standing. Following this thirty (30) day

extension, we will move forward with removing your name from our bar rolls.

Sincer¢ly,

Andrew Adams IT

<FT

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Chief Justice

Muscogee (Creek) Nation Supreme Court

Josh Atwood

EE oo Neeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee eee rere ee eee

From: Nicole (D.C. Bar Member Services) [I

Sent: Tuesday, February 12, 2019 3:43 PM

To: Josh Atwood

Subject: Ticket #82151 Re: [EXTERNAL]Bar Member Good-Standing Request

##- Please type your reply above this line -##

Nicole (DC Bar)

Feb 12, 4:42 PM EST

Mr. Atwood,

Thank you for contacting Member Services at the D.C. Bar. | was unable to locate a member by that name.

Would it be under a different name perhaps?

Best,

Nicole Fisher D.C. Bar Member Services

LEEBAR

EXHIBIT 3

From: Josh Atwood

To:

Subject: Bar Member Good-Standing Request

Date: Tuesday, February 12, 2019 2:46:25 PM

Dear D.C. Bar, Member Services,

My name is Joshua Atwood. | am the Staff Attorney for the Muscogee (Creek) Nation Supreme Court.

Our Court manages the Muscogee (Creek) Nation’s tribal bar membership. In order to maintain

membership with our bar, members are required to be licensed in either a state bar association or in

the District of Columbia. One of our bar members has listed that he is a member in good standing

with the District of Columbia Bar Association. However, | am unable to find any record of his

membership on your site.

| was hoping you could provide information on this individual, specifically, (1) if he is currently a

member in good standing with the D.C. Bar, and (2) if he has ever been a member in good standing

with the D.C. Bar. His application with our Court states that he was admitted to the D.C. Bar in 1997.

The individual’s name is Benjamin P. Zvenia, date of birth i.

Thank you for any help you can provide in this matter.

Sincerely,

Joshua W. Atwood

Staff Attorney

Muscogee (Creek) Nation, Supreme Court

P.O. Box 546

Okmulgee, Oklahoma 74447

Office: 918-758-1439

Fax: 918-758-1440

This electronic message, including any attachments from the Muscogee (Creek) Nation Supreme

Court may contain information which is privileged, confidential, and protected work product. If you

are not the addressee, note that any disclosure, copying, distribution, or use of the contents of this

message is prohibited. If you have received this electronic message in error, please destroy it and

notify us immediately: (918) 758-1439.

Josh Atwood

OO EE eee”

From: Josh Atwood

Sent: Wednesday, February 13, 2019 2:58 PM

To: ‘Hon. Benjamin Zvenia'

Subject: RE: Followup

Hon. Dr. Zvenia,

In reviewing your original October 18, 2005, Application for Admission to the Muscogee (Creek) Nation Bar Association,

the Court noticed that you listed the “Bar Association of the District of Columbia (From 1997 to Present)” under the Bar

Membership section of the Application.

The Court is requesting that you provide our office with your current bar number with the D.C. Bar Association, or, if you

are no longer a member, to provide our office with any bar number you were previously issued by the D.C. Bar

Association since your admittance in 1997.

Sincerely,

Joshua Atwood

Staff Attorney

Muscogee (Creek) Nation Supreme Court

From: Hon. Benjamin Zvenia [mailt J

Sent: Tuesday, January 22, 2019 11:34 AM

To: Josh Atwood <r >

Subject: Followup

To Joshua:

See attached as we discussed and with respect to history, as you know, admission was based on all at that time

by Judge Moore and Justice Oliver plus clerk at the time. All was done based on discussions at National Judicial

College and tribal court programming the he and I attended which with respecting tribal sovereignty started

with discussion from our Navajo classmates and fact of law school graduates taking their bar and being

members of FBA but where else would status be given. Remember this was a tribal courts were starting to get

more recognition with respect to VAWA orders etc and state bars have NO business with respect to tribal

courts. In fact at that time and previous tribal bar members were looked at like international law

equivalents. Not like today where your tribal bar membership NOW allows you to join the ABA and all is

based on USDOL ECAB Ruling with Rule change from Oct 20, 2008 that I provided to you.

What the new rules do if followed, create an ex post facto situation which cannot stand. The court and bar

association can make all tighter for NEW admissions but NOT for older current and active members of the bar.

You can however mandate CLE to keep status as most bars do.

You need to realize what the admission means and for those of us over 10+ yrs active creates rights and

protected by case law. Call me and if needed I’m happy to jump on conference call or as I do spend time in

Lawton OK come by.

EXHIBIT 4

Thanks,

Ben

Hon. Dr. Benjamin Zvenia

Phone:

Fax:

Cell:

Email:

This email and any attachments thereto are intended only for use by the addressee(s) named here

in and may contain legally privileged and/or confidential information. The unauthorized disclosu

re of interception of Email is a federal crime. See 18 U.S.C. § 2517(4). If you are not the intende

d recipient of this email, you are hereby notified any dissemination, distribution or copying of thi

s email, and any attachments thereto, is strictly prohibited. If you receive this email in error pleas

e immediately notify us at

and permanently delete the original copy and any copy of any email, and any printout there

of.

® )

IN THE SUPREME COURT OF THE STATE OF NEVADA

IN THE MATTER OF THE DEVELOPMENT ADKT 126

OF ALTERNATIVES TO TRADITIONAL

LITIGATION FOR RESOLVING LEGAL

DISPUTES. FILED

MAR 26 1999

JANETTE hi. BLOOM

LE 5 EME Ci

fat

BY :

HIEF DEPUTY CLERK

ORDER REMOVING BENJAMIN ZVENIA

FROM _LIST OF APPOINTED NON-ATTORNEY ARBITRATORS

On April 10, 1998, pursuant to a certification from

the State Bar of Nevada and an order of this court, Benjamin

Zvenia was appointed as a non-attorney arbitrator to the Court

Annexed Arbitration Program. Thereafter, on May 14, 1998, this

court dismissed an appeal by Zvenia from a judgment of

conviction. Zvenia, who claims to be a naturopathic physician,

was convicted of practicing medicine without a license and

sentenced to a six-year prison term.

Accordingly, on September 2, 1998, this court

directed the state bar to conduct an investigation into

Zvenia's qualifications and past record and to make a

recommendation with respect to Zvenia's fitness as an

arbitrator. The state bar filed: a timely recommendation and

report with respect to Zvenia, in which it submits that Zvenia

is not qualified to be listed as an arbitrator. Zvenia has not

responded to the state bar's report.

In support of its recommendation, the state bar

discloses, among other things, that Zvenia has been charged

with and/or convicted of numerous offenses and that Zvenia has

misrepresented his professional status and educational

background. We therefore agree with the state bar that Zvenia

is not qualified to be listed as an arbitrator in the State of

EXHIBIT 5

99- 1/8463

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Nevada. Accordingly, we remove his name from the list of nonattorneys appointed as arbitrators.

It is so ORDERED.

Rose N

, Ju.

Y

1 J.

Maupin

, J.

, J.

, d.

Leawitt

Recker , J.

Becker

cc: All District Court Judges

Hon. Steven D. McMorris, Special Master/

Arbitration Commissioner

Thomas W. Biggar, Discovery/Arbitration Commissioner

Wesley M. Ayers, Discovery/Arbitration Commissioner

David I. Nielson, Discovery Commissioner/

Arbitration Program

Wayne Blevins, Executive Director

Christopher T. Boadt, Director of Continuing Legal

Education, State Bar of Nevada

Benjamin Zvenia

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IN THE SUPREME COURT OF THE STATE OF NEVADA

IN THE MATTER OF THE DEVELOPMENT

OF ALTERNATIVES TO TRADITIONAL

LITIGATION FOR RESOLVING LEGAL ADKT: 126

DISPUTES = i i. = O

)

OCT 01 1998

RECOMMENDATION AND REPORT wea

PURSUANT TO ORDER OF REFERRAL chip GUPREME CaYAT

RE: BENJAMIN ZVENIA

IEF DEPUTY CLERK

The State Bar of Nevada agrees with this Honorable Court that Benjamin Zvenia is not qualified

to be listed as an arbitrator in the State of Nevada.

Pursuant to this Court’s Order of September 2, 1998, the State Bar did conduct an investigation

into Mr. Zvenia’s qualifications and past record. The following is apparent.

In its Order of referral to the State Bar of Nevada, this Court noted that it dismissed an appeal

by Zvenia from a judgment of conviction of one count of practicing medicine without a license. In its

Order dismissing the appeal, this Court noted that Appellant, who claims to be a naturopathic physician,

engaged in conduct defined as the practice of medicine and, consequently, was sentenced to a six year

prison term and ordered to pay a fine. Because it is evident that Mr. Zvenia has a prior conviction, the

State Bar conducted some inquiry into his past criminal record and was able to obtain a listing of various

offenses which evidently Mr, Zvenia has been charged with or convicted of. Exhibit 1.

The State Bar is aware of a situation which occurred in Immigration Court earlier this year

wherein Mr. Zvenia made application to the Court to practice therein. Mr. Zvenia’s letter to the

Honorable Judge Mullins is included herein. Exhibit 2.

It is apparent from Mr. ‘Zvenia’s letter to Judge Mullins that the basis upon which he made

application to practice in Immigration Court was his alleged licensure as an attorney by the Supreme

Court of the Federated States of Micronesia. However, the Chief Clerk of Court of the Supreme Court

QECEIVES.

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of the Federated States of Micronesia indicated at approximately the same relevant time period, that Mr.

Zvenia was not a member of the Bar of the Federated States of Micronesia. Exhibit 3.

Based upon the fact that Mr. Zvenia has been convicted of practicing medicine without a license,

it is apparent to the State Bar that there is an issue concerning the truthfulness surrounding any

professional status or professional degree that Mr. Zvenia may claim he possesses. In addition, as is

apparent above, in this same vain evidently Mr. Zvenia has claimed to be a member of a foreign bar of

which he is not. Based upon these concerns, the State Bar believes there is reason to question the

legitimacy of Mr. Zvenia’s representations of holding of advanced degrees or professional status. In

addition to the above, of relevant note, Mr. Zvenia has represented that he is a PH.D. as is evident by

the labeling of his name followed by the designation “PH.D.” on a check written to the State Bar of

Nevada on or about December 5, 1997 as payment prior to his attendance at the Arbitration Training

Program. Exhibit 4. In addition, Mr. Zvenia has indicated he is a law graduate in paperwork submitted

to the State Bar which accompanied his request to participate in Arbitration Training. Exhibit 5.

Based upon the above, the State Bar believes it is fair to inquire with a curious eye as to whether

Mr. Zvenia in fact holds a PH.D. or similar advanced degree, or is in fact a law graduate.

As spelled out in the Affidavit of Rob W. Bare, Bar Counsel, on September 23, 1998, at

approximately 2:50 p.m., Bar Counsel had a personal conversation with Benjamin Zvenia, which followed

Bar Counsel’s phone call to him. Exhibit 6. Bar Counsel asked him if he was a law school graduate and

he said that he was and he had graduated from a law school that is recognized by the California Bar. He

stated it is in Burbank, California known as Kensington College School of Law.

Bar Counsel asked him about his purported status as to holding a PH.D., he indicated that he

graduated and received a PH.D. from a school in Puerto Rico. Bar Counsel asked that he forward to the

Bar by September 25, 1998, the paperwork evidencing that. He indicated he would, as he was “just

across the street and he would run it right over.”

On September 28, 1998, Office of Bar Counsel contacted Kensington University, College of Law,

located in Glendale, California. The office of Bar Counsel spoke with Norma Machulla, Law School

Administrator, and she informed that there is no record of a Benjamin Zvenia graduating from their

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school. She also stated that Mr. Zvenia did submit his application to their University in June, 1994 and

he never completed enrollment.

Further, as of the filing of the instant Recommendation and Report, no documents concerning Mr.

Zvenia’s “PH.D.” or any other documents have been received by the Office of Bar Counsel.

Based upon the above, the State Bar agrees that Benjamin Zvenia is not qualified to be listed as

an Arbitrator in the State of Nevada. This is because there appears to be serious questions as to his

character for honesty and truthfulness concerning his professional background and/or status.

DATED this 77 _ day of September, 1998.

STATE BAR OF NEVADA

ROB W. BARE, Bar Counsel

Nevada Bar No. 4914

600 E. Charleston Blvd.

Las Vegas, NV 89104

(702) 382-2200

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EXHIBIT

89-21-98 23:12 RECEIVED FROM:

SEP-22-199B8 11:28 P.G3/a7

, S

PREV, ZVENIA & ASSOCIA

Benjautin Zventa, Esq: _

@tenbes Pedeveted Semmes ofbScresesia Bor)

Re.: ‘Bar admissions of Ben Zvenia and of Passo, Zvenia & Associates

Dear Judge Mullins:

Enclosed please find documentation which should allay concems on your part, the INS and

the DO] concerning my Sonmal admission last Noveaber 1997 to the Bar of the Federated States

of Micronesia (which, as you know, is part of the 9th Circuit Court of Appeals of the United

States of America). This documentation includes (1) ence from Salomon Saiteon,

re Lonel Ne ald eae leh and Saimon. ge ed

r is the largest and most prestigious in the Federated States of Micronesia.

(2) the howe page of the web site of the Law Offices of Holinrake and Saimon (its URL i

hitp://worw fayhollinrake). This intemet information is provided as adequate ;

material 10 confirm our belief for the authenticity of my Bar Admission there.

As ny pr, Rick Ps, aT idatd to your af an 5 personaly nated 1 you

yesterday, the

my

contact personaily the office this morning, but Mr. Suimon 2nd the office associates were either

tied up or out af the office. As indicated in the aforementioned documentation, my bar icense—

hange in his office in Kolonia, Pohnpei, in the Federated States of Micronesia. As soon as is

tumanly possible, a copy will be sent to you to be in your files. In the interim, 2s,was also

detailed to your staff, if there is truly a problem, [ be covered by my admission to the

Duckwater Shoshone Tribal Court (Bar No, 0009) and the Inter-Tribal Court of Appeals of

Nevads, which are Courts of Federal Jurisdiction (documentation of these admissions is also

enclosed), Furthermore, my partner Rick Passo is a member of the State Bar of California, the

Sth Circuit Court of Appeals and the United States Districts Court for the Central, Eastern and

Southern Districts of California. If necessary, as I discussed with you yesterday, Rick is willing to

sapervise all my immigration files, until you, the INS and the DOJ are satisfied with nsy bar status.

Additionally, as in indicated in the enclosed correspondence from Salmon Satmon of the Law

Offices of Hollinrake and Saimon, Mr. Saimon intends to be in the Las Vegas area “sometime in

Fe Reece APL ioe to,se velop] oar} as Vegas Oltice ac slconrespcenient <aBce Sor

[the Law Offices of Hollinrake and Saimon}." I'am sure that Salomon would be happy to meet

coping, aod developing elasiouhiy betwoen te legen in Sram the Fedsraod Sexes of

ongoing, int erated States 6

Micronesia and Passo, Zvenia & Associates.

EXHIBIT

MAR-24-1998 16:18 99% ho

89-21-98 23:17 RECEIVED FROM:

SEP-22-1998 11729

P.04/07

I trust that you share the concems of both Rick and I that my professianal ion ~- and that

of Passo, Zvenia & Associates — not be tamished by what is at most a clerical error. Both Rick

and I hold and cherish deeply the highest canons of professional ethics as attorneys. I trust

that you have always found that my ional conduct has always been of the highest

order and that my zealous advocacy for all of my immigration clients has always bees

beyond reproach. Please rest assured that both Rick and I will endeavor to do whatever you

require to address your concems. All we ask is for the professional courtesy of having adequate

time to gather any frzher information that might be required — especially given the geographic

separation between Las Vegis and the Federated States of Micronesia._

. The bottom ine for me, for Rick and for Passo, Zvenia & Associates bas been and always

will be what is best for our clients and what is best for the zonal ethical standards

whick we bold dearly. With that as our sole goal, Rick and I request your advice on how to

best handle the mmltiple cases that Passo, Zventz & Associates have on calendar for Thwysday,

Please call with respect to guidance for Thursday's calendar.

-93 77232177 RECEIVED FROM: P.04

SEP-22-1998 11:28 i

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MAR-25-1998 14:29

89-21-98 23:17 RECEIVED FROM:

at? Ss

Se Cale er aS

tare ees BN te Jo ty!

Please photocopy this page before you mail it to us, and keep it for your records.

No confirmations will be sent, unless requested below,

Please sign the following:

i ED. my profession for eight years or more. Please sign on the line below.

CA FTL. Lave. £ hw byrollichee

ies where you will attend:

Q Reno » Thursday, December 4, 1997 » The National Judicial College

Q Las Vegas * Friday, December 5, 1997 » CCSN High Desert Conference Center

Nevada Bar Card Number.

~~

Name oN Gaaivy Denice.

Where do you work?

Address

City/State/ZIP

FAX

E-mail

NOTE:Add ¢25 Jade Fee to the prices below if paying after Tuesday, December 2, 1997.

All registrants receive a complete set of written materials.

2S tuition.

150 tuition for those who have to travel over 100 miles round trip to attend.

Check here if you would like to be faxed a conformation.

HERZ eM chetson Please make checks payable to: State Bar of Nevada

Paying by plastic?

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Account Number Expiration

Date

Name as it appears on card

Signature

Mail co:

Arbitration CLE— State Bar of Nevada

600 E. Charleston

Las Vegas, Nevada 89104 FETT IT

Ql am also licensed in California and wish to apply this seminar toward the MCLE EXHIBIT

requirements of the State Bar of California, li i 5

Course #538 Course Level; Intermediat@l

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AFFIDAVIT

STATE OF NEVADA

COUNTY OF CLARK

$s:

ROB W. BARE, under penalty of perjury, being first duly sworn, deposes and says

as follows:

1. That your Affiant is a licensed attorney in Nevada and currently employed as Bar

Counsel for the State Bar of Nevada.

2. That on September 23, 1998, | personally contacted Benjamin Zvenia, by

telephone, to determine what law school he had graduated from and where he received his

PH.D.

3. That during the telephone conversation, Benjamin Zvenia stated he was a

graduate from a law school recognized by the Califomia Bar. According to Mr. Zvenia, the law

school is located in Burbank, California and is known as Kensington University, College of

Law. Mr. Zvenia also indicated that he graduated and received a PH.D. from a school in

Puerto Rico.

4. That | requested Mr. Zvenia provide to me by September 25, 1998 the

paperwork evidencing the same. Mr. Zvenia indicated he would, as he was “just across the

street and he would run it right over.”

5. That on September 28, 1998, the office of Bar Counsel contacted Kensington

University, College of Law located in Glendale, California. The Law School Administrator,

Norma Machulla stated that there was no record of a Benjamin Zvenia graduating from their

school. She also stated that Mr. Zvenia did submit an application to the University in June,

1994 and he never completed enroliment.

Tl

MT}

12 &XHIBIT

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6.

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As of the date of filing of the instant Recommendation and Report, no documents

concerning Mr. Zvenia’s “PH.D.” or any other documents have been received by the Office of

Bar Counsel from Mr. Zvenia.

Further affiant sayeth naught.

DATED this ACK day of September, 1998.

LEE IE

ROB W. BARE

Subscribed to and sworn before me

this <7 a day of September, 1998.

NOTARY PUBLIC

STATE OF NEVADA

County of Clark

JANICE €. BUSTRIA

Appt. No. 82-1955-1

ret intment Expires Aug. 27, 2000 }

MAL

© a, ®

CERTIFICATE OF MAILING

the

I, hereby certify that on the ae day of September, 1998, the foregoing

RECOMMENDATION AND REPORT PURSUANT TO ORDER OF REFERRAL RE;

BENJAMIN ZVENIA was served on the below party by mailing a copy thereof, first class mail,

— Zvenia

postage prepaid, to:

Z

CE E. BUSTRIA, an employee

of the State Bar of Nevada

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