ELECTRONICALLY FILED - 2022 Oct 21 5:13 PM - HAMPTON - COMMON PLEAS - CASE#2022CP2500285

STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS

COUNTY OF HAMPTON

MANUEL SANTIS-CRISTIANI, Case No.: 2022-CP-25-00285

Plaintiff,
v.

RICHARD ALEXANDER “Alex”

MURDAUGH, RONNIE L. CROSBY,
WILLIAM F. BARNES, III, RUSSELL
LAFFITTE, PALMETTO STATE BANK, MOTION BY DEFENDANTS AND
AND PETERS, MURDAUGH, PARKER, INTERPLEADER PLAINTIFFS
ELTZROTH & DETRICK, P.A., PETERS, MURDAUGH, PARKER,
ELTZROTH & DETRICK, P.A.,
Defendants. RONNIE L. CROSBY, AND WILLIAM F.
BARNES, III
TO INTERPLEAD DISPUTED FUNDS
PETERS, MURDAUGH, PARKER, WITH THE COURT, TO BE DISMISSED
ELTZROTH & DETRICK, P.A., RONNIE L. FROM THIS ACTION WITH
CROSBY, AND WILLIAM F. BARNES, III, PREJUDICE, AND TO ASSESS
SANCTIONS AGAINST PLAINTIFF’S
Interpleader Plaintiffs, COUNSEL
v.

MANUEL SANTIS-CRISTIANI, RICHARD

ALEXANDER “ALEX” MURDAUGH,
RUSSELL LAFFITTE, PALMETTO STATE
BANK, AND MEDICAL UNIVERSITY
HOSPITAL AUTHORITY D/B/A
MEDICAL UNIVERSITY OF SOUTH
CAROLINA,

Interpleader Defendants.

COMES NOW Defendants and Interpleader Plaintiffs Peters, Murdaugh, Parker, Eltzroth

& Detrick, P.A. (“PMPED”), Ronnie L. Crosby (“Crosby”), and William F. Barnes, III (“Barnes”),

by and through undersigned counsel, and hereby move the Court to allow PMPED to deposit funds

held by PMPED, which are at issue in this case, to dismiss PMPED, Crosby, and Barnes from this
 ELECTRONICALLY FILED - 2022 Oct 21 5:13 PM - HAMPTON - COMMON PLEAS - CASE#2022CP2500285
action with prejudice, and to sanction Plaintiff’s counsel for violating Rule 11, SCRCP, by filing

a pleading making false and highly defamatory allegations against Movants without any good faith

basis for those allegations and without conducting a reasonable investigation of the facts prior to

filing suit.

This motion is based on the following incontrovertible facts, which are substantiated by

public court records and the affidavits and documents attached to this motion. See Exhibits A - H

filed herewith. The undersigned certify that they did not consult with Plaintiff’s counsel prior to

filing this motion as it would serve no useful purpose, as the undersigned previously attempted to

communicate with Plaintiff’s counsel concerning their basis for filing this action but Plaintiff’s

counsel did not respond to the undersigned’s efforts to communicate with them.

1. Plaintiff’s counsel filed the Complaint on October 7, 2022, asserting that Plaintiff

is entitled to settlement proceeds from personal injury litigation in which PMPED represented

Plaintiff. The Complaint alleges that Plaintiff was not aware of the terms of the settlement and did

not receive any funds from the settlement. Both of these allegations are demonstrably false.

2. Plaintiff was one of several passengers injured in a rollover accident that occurred

in November 2008 in Colleton County. PMPED was hired to represent the occupants of the vehicle

in a products liability case against Ford Motor Company and Michelin North America. Alex

Murdaugh, an employee of PMPED at the time, handled the case with assistance from Ronnie

Crosby and William Barnes.

3. Because Plaintiff is a Mexican national and does not speak English, he required the

services of an interpreter to keep him informed. For this purpose, Blanca Simpson, of Brunson,

South Carolina, was engaged to serve as interpreter for Plaintiff. During the course of Plaintiff’s

2
 ELECTRONICALLY FILED - 2022 Oct 21 5:13 PM - HAMPTON - COMMON PLEAS - CASE#2022CP2500285
case, Ms. Simpson assumed the role of interpreter, assisted with making travel arrangements for

the Plaintiff, and served as the liaison between PMPED and the Plaintiff.

4. The case was settled following a mediation on March 8, 2013. Plaintiff traveled

from Mexico to Hampton County to participate in the mediation of his case. Plaintiff was present

for the mediation, as was Ms. Simpson, who interpreted for the attorneys and explained the

settlement to Plaintiff. Plaintiff was fully aware of the terms of the settlement and approved them.

5. The settlement was not finalized at the mediation, but rather was consummated in

the days following it. Because of the diplomatic and financial obstacles involved in travel to the

United States, Plaintiff granted a Power of Attorney to Russell Laffitte (“Laffitte”) so that Laffitte

could sign the settlement papers on his behalf. Laffitte signed the settlement agreement on behalf

of Plaintiff, as requested.

6. As a result of the accident that was the basis of the lawsuit, Plaintiff was treated for

several weeks at the Medical University of South Carolina (“MUSC”) for injuries sustained in the

wreck. Plaintiff’s outstanding medical expenses totaled $330,738.47, according to a complaint

filed by MUSC in the Court of Common Pleas, Case No. 2014CP105656, captioned as Medical

University Hospital Authority d/b/a Medical University of South Carolina v. Manuel Santis-

Cristiani. A default judgment in the amount of $331,247.38 against Mr. Santis-Cristiani resulted

from that action.

7. Upon information and belief, Alex Murdaugh entered into communication with the

attorney representing MUSC, with the intent of reaching an agreement on a reduced amount for

which MUSC would settle its claim for repayment of Plaintiff’s medical bills. Upon information

and belief, MUSC agreed to accept $70,000 in exchange for a full release of its lien against

Plaintiff’s settlement.

3
 ELECTRONICALLY FILED - 2022 Oct 21 5:13 PM - HAMPTON - COMMON PLEAS - CASE#2022CP2500285
8. Attorneys’ fees and litigation expenses were paid from the settlement funds, leaving

$143,857.24. Of that amount, $70,000.00 was held in escrow for payment of the MUSC lien.

9. Upon information and belief, instead of making the agreed-upon $70,000 payment

to MUSC, on or around August 11, 2016, Murdaugh requested that PMPED issue a check in the

amount of $70,000 made payable to “Forge” for a structured settlement. In fact, Murdaugh had

opened a business account using the fictitious name “Forge” for the purpose of surreptitiously

diverting funds from PMPED’s trust account. See the Indictment for Obtaining Signature or

Property By False Pretenses, and Computer Crime filed November 18, 2021, Case No. 2021-GS-

47-31 of the State Grand Jury of South Carolina (detailing the “Forge” scheme and the theft of

$70,000).

10. According to bank records, Murdaugh deposited the $70,000 check to his “Forge”

account and, in so doing, converted the funds. Id. Movants had no knowledge of Murdaugh’s

criminal misconduct at the time.

11. In October of 2016, PMPED issued a check made payable to Plaintiff of all

remaining settlement funds, or $73,857.24. The check was deposited at Palmetto State Bank on

November 10, 2016, in anticipation of transmitting the funds to Plaintiff by international wire

transfer. See Exhibit A.

12. Immediately following their deposit, the Plaintiff’s settlement funds totaling

$73,857.24 USD, or 1,457,687.83 Mexican Pesos, were sent by international wire transfer through

Palmetto State Bank to the Plaintiff’s bank account at Banco Azteca. In short, Plaintiff received

the entire amount of the settlement that was due to him. The allegation made in the Complaint in

this action that Plaintiff did not receive his settlement monies is demonstrably false. See Exhibit

B.

4
 ELECTRONICALLY FILED - 2022 Oct 21 5:13 PM - HAMPTON - COMMON PLEAS - CASE#2022CP2500285
13. In September of 2021, lawyers at PMPED uncovered Alex Murdaugh’s fraudulent

“Forge” scheme and the theft of funds from clients, from the law firm, and from his law partners

and family members individually. PMPED demanded Alex Murdaugh’s immediate resignation

and reported his misconduct promptly to law enforcement and attorney disciplinary authorities.

See Exhibit C.

14. PMPED replenished its trust account for the money that Alex Murdaugh had

misappropriated in connection with the Santis-Cristiani settlement, depositing $70,000 thereto, by

PMPED check number 150477 on September 27, 2021. See Exhibit D.

15. PMPED presently retains the Funds (“Funds”), which total $70,000.

16. Since learning of the above-mentioned misappropriation, PMPED has made

countless unsuccessful attempts to enter in contact with Plaintiff, including through Plaintiff’s

interpreter, Blanca Simpson, from late 2021 through the summer of 2022. See Exhibits E, F, G,

and H.

17. At that time, PMPED was not aware that the MUSC lien had not been satisfied, and

therefore was endeavoring to have the Funds sent to the Plaintiff. Ms. Simpson represented to Lee

D. Cope, an attorney formerly with PMPED, that the Plaintiff wanted Ms. Simpson to hold the

Funds for him in the U.S. and asked that PMPED pay the Funds directly to Ms. Simpson to be held

in an account in her name. Mr. Cope, however, insisted that PMPED attorneys speak with the

Plaintiff himself to confirm that he wished for Ms. Simpson to hold the Funds for him. Because

Ms. Simpson never arranged such a call and Plaintiff never provided such confirmation, PMPED

continued to keep the Funds in trust. See Exhibit E.

18. This past summer, Ms. Simpson informed Ronnie Crosby that Mr. Santis-Cristiani

had engaged attorney Korey Williams to represent him. Mr. Crosby called Mr. Williams and told

5
 ELECTRONICALLY FILED - 2022 Oct 21 5:13 PM - HAMPTON - COMMON PLEAS - CASE#2022CP2500285
him of the Funds being held in trust. Mr. Williams told Mr. Crosby that he would be back in touch.

See Exhibit F.

19. On July 27, 2022, Mr. Crosby received a call from Glenn Walters, who said that

Mr. Williams had associated him to work on the case. Mr. Crosby asked Mr. Walters to reach out

to the undersigned in order to resolve the Plaintiff’s claim. (Mr. Walters never contacted the

undersigned.) After the conversation ended, Mr. Crosby called Mr. Walters back and told him that

PMPED would provide the Santis-Cristiani client file if Mr. Walters produced a written

authorization to do so signed by the Plaintiff, as required by Rule 1.6(a) of the South Carolina

Rules of Professional Conduct. No such authorization was ever provided. Neither Mr. Williams

nor Mr. Walters made any effort whatsoever to obtain the client file. To this date, they have not

done so.

20. William Barnes first learned of the suit and the allegations made in it against him

on October 10, 2022. Prior to that time, Mr. Barnes had not received any communication from

Plaintiff’s counsel and had no knowledge of any potential claim against him by the Plaintiff. See

Exhibit G.

21. Believing that Blanca Simpson would have knowledge refuting the allegations in

the Complaint, Mr. Barnes called her and had a seven-minute conversation on the telephone. He

asked her specifically about the allegations that the Plaintiff was not aware that funds were

recovered for him in the settlement of his case and that he never received any of the settlement

recovery. Ms. Simpson stated in response that Plaintiff was aware of the settlement and had

received funds from it. Id.

22. Ms. Simpson further stated that she was not aware that the suit had been filed and

that she had not seen, read, or reviewed the allegations of the Complaint. As to Mr. Barnes

6
 ELECTRONICALLY FILED - 2022 Oct 21 5:13 PM - HAMPTON - COMMON PLEAS - CASE#2022CP2500285
personally, she said that “you didn’t do anything wrong” and expressed surprise that Mr. Barnes

had been named as a defendant in the suit. Id.

23. On October 11, 2022, after learning of this action and the allegations made against

him, Ronnie Crosby contacted Ms. Simpson to ask her if she was aware that a suit had been filed

on the Plaintiff’s behalf and that it named Mr. Crosby personally as a defendant. Ms. Simpson

said that she had just learned about the suit the day before in a conversation with William Barnes.

See Exhibit F.

24. Mr. Crosby asked Ms. Simpson specifically about the allegation that Plaintiff was

not informed of the amount of funds recovered on his behalf and had never received any of the

settlement funds. Ms. Simpson then confirmed that Plaintiff was aware of the settlement and had

in fact received funds from it. She said that she had engaged Korey Williams to represent the

Plaintiff under a power of attorney she had from the Plaintiff. She expressed surprise that the suit

named Crosby and Barnes individually and said that she was not aware of anything they had done

wrong. Id.

25. PMPED does not dispute that the Funds should be disbursed, but PMPED only

recently learned of the outstanding lien held by MUSC, which calls into question whether Plaintiff

is entitled to these Funds. Upon information and belief, MUSC has received no payment for

medical services provided to Plaintiff, and the $70,000 at issue was misappropriated by Alex

Murdaugh from MUSC, not from the Plaintiff.

26. For these reasons, PMPED files this Interpleader Complaint seeking leave to

deposit the Funds with the Court so that it may determine where the Funds should properly be

applied.

27. PMPED asks that the Court accept these Funds, that PMPED be granted leave to

interplead the Funds with the Clerk of Court pursuant to Rule 22, SCRCP, and that PMPED,
7
 ELECTRONICALLY FILED - 2022 Oct 21 5:13 PM - HAMPTON - COMMON PLEAS - CASE#2022CP2500285
Ronnie L. Crosby, and William F. Barnes, III, be discharged from liability as to all claims in this

matter and dismissed from this action with prejudice.

28. Movants also ask that, upon the conclusion of this action, Plaintiff be released from

any further liability on the MUSC lien, and that said lien and debt be fully discharged.

29. Movants also ask the Court to impose such sanctions as it deems appropriate, for

the actions of Plaintiff’s counsel in filing their complaint with highly defamatory and false

allegations against Movants, without any investigation, without any good faith basis for the

allegations, and without even requesting or reviewing the client file offered to them by Ronnie

Crosby, which would have immediately alerted them to the fact that their allegations were false.

30. Upon information and belief, Plaintiff’s counsel drafted the allegations based solely

on information provided to them by Blanca Simpson, without further investigation, or that they

simply made up. Ms. Simpson, however, was not aware that the suit had been filed until William

Barnes called her on October 10, 2022, and had not seen, read, or reviewed the allegations of the

Complaint prior to its filing. In her conversations with Mr. Barnes and Mr. Crosby, she explicitly

contradicted key allegations of the Complaint.

31. Upon information and belief, Plaintiff’s counsel never spoke with the Plaintiff prior

to filing suit, never asked him to review the complaint, and never even informed him that they

were filing suit in his name.

32. Rule 11 of the South Carolina Rules of Civil Procedure allow a court to impose an

appropriate sanction against attorneys upon motion for failure to make a reasonable inquiry to

determine that the complaint stood well-grounded in fact and warranted by existing law, and for

filing the complaint for an improper purpose. These sanctions, when awarded, serve to “deter

future litigation abuse.” Kovach v. Whitley, No. 28109, 2022 S.C. LEXIS 100, at *3 n.4 (Aug. 31,

2022) (citing In re Kunstler, 914 F.2d 505, 522 (4th Cir. 1990)). Movants respectfully submit that
8
 ELECTRONICALLY FILED - 2022 Oct 21 5:13 PM - HAMPTON - COMMON PLEAS - CASE#2022CP2500285
the facts summarized above and supported by the attached affidavits and materials present an

appropriate case for Rule 11 sanctions against Plaintiff’s counsel.

33. Movants also ask that the Court enter such other and further relief as it considers

just and proper.

Respectfully submitted,

WYCHE, P.A.

s/Wallace K. Lightsey
Wallace K. Lightsey (SC Bar # 6476)
James H. May (SC Bar #74278)
Jessica L. Monsell (SC Bar #105232)
Post Office Box 728
Greenville, SC 29602-0728
Telephone: 864-242-8200
E-Mail: [email protected]
[email protected]
[email protected]

ATTORNEYS FOR DEFENDANT &

INTERPLEADER PLAINTIFF PMPED,
RONNIE L. CROSBY, AND WILLIAM F.
BARNES, III