No Kickbacks For Davidson On Real Estate Deals Says Castle Law Firm

JOLIET, IL - A member of the Castle Law firm expects Will County real estate attorney Gary K. Davidson will be vindicated once Davidson has a chance to present his witnesses and evidence to the Illinois Attorney Registration and Disciplinary Commission. A complaint that is now a matter of public record accuses Davidson of engaging in professional misconduct. Davidson is suspected of orchestrating a kickback scheme with an area surveying business. The allegations in the complaint accuse Davidson of engaging in a conflict of interest with a current client as well as dishonesty.

On Sunday, Joliet Patch called Davidson, 44, seeking comment. He politely referred any press inquiries to Castle Law partner Ed Jarot. (Castle Law has offices in Joliet and Homer Glen.)

"He's a respected real estate attorney (and one of) the top three for volume in Will County," Jarot said of Davidson. "We're confident, I'm not sugar-coating ... it's going to be shown that his actions were not unethical. It's very rare that we get any complaints about his handling of real estate transactions."

According to Davidson's Castle Law firm bio, he is a member of about a dozen professional associations and organizations including Joliet Regional Landlord Association, Joliet Chamber of Commerce, Will County Center for Economic Development and Will County-Grundy County Home Builders Association.

In the past, Davidson has been a trustee for Channahon Township and the village of Channahon. Davidson has also worked as a village attorney for numerous communities around the Will County area, his profile notes.

At the present, Davidson's problems within the legal profession trace back a few years, according to the allegations contained in the disciplinary commission complaint. Davidson had entered into an agreement with Samuel Winemiller, who ran a surveying business and isn't a lawyer. The complaint states that Davidson "agreed to refer substantially all property surveys in connection with his real estate practice at Castle Law to Winemiller & Associates," which has an address listed in suburban Homewood.

Afterward, Winemiller upped his normal surveying fees from $300 to $475. Within that higher figure, $100 would be remitted to Davidson after the mortgage closings, the complaint states.

The Illinois lawyer disciplinary commission has accused Davidson of violating real estate regulations in that his agreement with Winemiller "constituted a prohibited fee or kickback."

During the time frame of 2014-2016, the complaint states, Davidson had the surveyor prepare at least 225 property surveys related to real estate closings of Davidson's clients, of which numerous transactions were around Joliet, Plainfield, Shorewood and Channahon, records reflect. "The $475 charge was then listed on the transaction's HUD settlement statement as a 'surveyor charge' payable to Winemiller & Associates, with no mention of the $100 to be paid to" Davidson," the complaint contends.

As part of the dishonesty allegation put forth against Davidson, the lawyer disciplinary commission notes that Davidson's statements that "the surveyor charges were $475 as itemized by (Davidson) on the subject HUD settlement statements ... were false because the $475 charge was not only a 'surveyor charge' but included an undisclosed $100 fee to be paid to" Davidson.

During Sunday's interview, Attorney Ed Jarot told Patch that Davidson remains in good standing with the firm and Davidson continues to practice law at Castle Law as usual.

On the other hand, Jarot noted, the allegations made against Davidson originally came from a former lawyer at their firm, Frank Andreano. In August 2016, Andreano Law filed a corporation dissolution lawsuit against Castle Law and lawyer Gary Davidson. That case remains pending at the Will County Courthouse.

"Number one, we don't think there is anything in that survey arrangement that was unethical," Jarot said, adding that the surveyor had no staff such as a secretary, administrative assistant or bookkeepers. Therefore, any fees Davidson got from the surveyor were for legitimate services Davidson performed, Jarot said.

"We have all the faith that there is going to be no repercussions," Jarot said. "This was filed in our opinion to give Mr. Andreano an advantage in the lawsuit that he has."

Image via Joliet Patch Editor John Ferak