Crime

Brian Manookian Loses Bid to Reinstate Law License

CrimeDec 07, 2018

Brian Manookian Loses Bid to Reinstate Law License

Manookian is the Tennessee attorney who was at the center of the diamond overgrading cases that roiled the industry a few years ago.

Nashville, Tennessee—The Tennessee Supreme Court has ruled that Brian Phillip Manookian, the lawyer at the center of the diamond overgrading cases that roiled the industry, will remain banned from practicing law in the state for the foreseeable future.

The court suspended the Nashville attorney’s license on Sept. 21 after the Tennessee Board of Professional Responsibility (BPR), which governs attorneys’ conduct, found that he “poses a threat of substantial harm to the public.” 

According to the BPR’s William C. Moody, the main impetus for the suspension were emails sent to opposing counsel deemed to be threatening. BPR’s report and recommendation on Manookian contains text from two different emails as well as a list of past and current disciplinary actions against him.   

In the first email, delivered to opposing counsel C.J. Gideon in August 2017, Manookian wrote:

“Clarence,  

I hear [Mr. Gideon’s daughter] is working at [name of company]. What a fantastic opportunity; particularly given her history of academic failure and alcohol and substance abuse.

I happen to have some very close friends at [name of company].

I will make it a point to see what I can do regarding her prospects there.

I am reminded that it is good for us to keep apprised of each other’s lives and the things we can do to influence them.”

The second went to opposing counsel in a separate case about a year later, Phillip North.

In it, Manookian noted that he knew North’s home address, the names of his romantic partner and two daughters, and the make, model, VIN and license plate number of his partner’s vehicle.

About a week after his law license was suspended, Manookian petitioned the board to reconsider, and a three-person BPR panel held two hearings on his case, on Oct. 11 and 19.

According to court papers, in the hearings Manookian contended that in the first email, he was trying to be supportive of Gideon’s daughter in her new job and in the second, he was simply trying to get North to respond to a previous email.

Though he did acknowledge under cross-examination that both emails contained content that was “inappropriate,” he asserted that neither could reasonably be considered threatening.

He maintained that he had done no wrong and asked for his suspension to be dissolved.  

On Nov. 7, the BPR panel shot down Manookian’s petition, stating that it did not believe

the emails weren’t meant to be threatening. It also noted Manookian has been called out for unacceptable behavior multiple times in the past, but it hasn’t deterred him from behaving badly.

Its ruling states in part: “It is Mr. Manookian’s position that speech alone, even rude and insulting speech, cannot present a substantial threat of harm to the public. This position is wrong, particularly with regard to an attorney’s speech. [His] words … go beyond merely rude and insulting and cross the line into threatening and intimidating.

“The practice of law, by its nature, involves conflict and contention. That is why the Rules of Professional Conduct for practitioners of the law require that an attorney’s conduct be circumscribed within the boundaries of civility, decorum, and respect for both the process and the person. Keeping within the boundaries of professional conduct is critical for the proper functioning of the judicial system.”

On Nov. 21, the Tennessee Supreme Court upheld the panel’s ruling.

Manookian was ordered to stop representing all existing clients within 10 days of the court’s decision, inform all clients, co-counsel and opposing counsel in pending matters of his suspension and give clients any property or papers to which they are entitled.

Manookian first made headlines in the jewelry industry in 2014 when he sued Nashville jeweler Genesis Diamonds on behalf of multiple consumers who were sold diamonds overgraded by EGL International.

Later that year, he told National Jeweler that a “major national [law] firm” would be filing a class-action lawsuit within 60 days against EGL International as well as “major retailers” in the U.S. for selling overgraded diamonds.

The class action suits never materialized, but Manookian, along with other attorneys, launched public campaigns to find plaintiffs to file suits against five independent jewelers.

The campaigns involved physical fliers and online ads calling the retailers in question “a scam” and asking consumers if they were sold a “fraudulent ring.”

Though many in the industry acknowledged the need to confront the issue of diamond overgrading, Manookian’s plaintiff-attracting tactics were met with disdain and one retailer, the now-closed Diamond Doctor in Dallas, fired back.

It sued Manookian, his Nashville law partner Brian Cummings and their firm, Cummings Manookian, in a Texas federal court for violations of the RICO Act, business disparagement and injury to business reputation.

The lawsuit alleged that the public campaigns—purportedly launched in the interest of finding consumers who had been sold overgraded diamonds and helping them to right that wrong—were nothing more than a “cunning shakedown operation” to extort money from the jewelers.

The case was settled out of court in August 2017.

All calls placed to Manookian’s Nashville office Wednesday and Thursday went straight to voicemail. He did not respond to voicemail messages or email requests for comment.

An email sent to Cummings generated an automated response that indicated he has started his own firm, Cummings Law. He did not respond to inquiries about his former partner.
Michelle Graffis the editor-in-chief at National Jeweler, directing the publication’s coverage both online and in print.

The Latest

Kirsty Hume models Pippa Small Venus collection
CollectionsApr 24, 2024
Pippa Small Announces ‘Venus’ Collection

Inspired by the Roman goddess of love, the designer looked to the sea for her new collection.

Pomellato Pom Pom Dot necklaces
FinancialsApr 24, 2024
Kering’s Jewelry Brands a Bright Spot in Tough Q1

The luxury titan posted declining sales, weighed down by Gucci’s poor performance.

JCK Industry Fund Logo
Events & AwardsApr 24, 2024
JCK Industry Fund Announces 2024 Grant Recipients

The selected nine organizations have outlined their plans for the funds.

1-(3.18).JPG
Brought to you by
The Blueprint for Success in Scalable, Personalized Jewelry Retail

With Ho Brothers, you can unlock your brand's true potential and offer customers the personalized jewelry experiences they desire.

Aerial shot of the Diavik Diamond Mine in Canada’s Northwest Territories
SourcingApr 24, 2024
Rio Tinto’s Q1 Production Drops Amid Pause to Honor Lost Colleagues

The mining company’s Diavik Diamond Mine lost four employees in a plane crash in January.

Weekly QuizApr 19, 2024
This Week’s Quiz
Test your jewelry news knowledge by answering these seven questions.
Take the Quiz
Rolex Oyster Perpetual Deepsea in 18-karat yellow gold
WatchesApr 24, 2024
These Are Rolex’s New Watches for 2024

The crown introduced a dozen timepieces in Geneva, including a heavy metal version of its deep-sea divers’ watch.

National Jeweler columnist Emmanuel Raheb
ColumnistsApr 23, 2024
The Smart Lab: Advanced Email Marketing Strategies for Mother’s Day

Emmanuel Raheb recommends digging into demographic data, customizing your store’s communications, and retargeting ahead of May 12.

Jewelers of America Fly In Washington, D.C.
Brought to you by
How Jewelers of America Represents Your Business

For over 30 years, JA has advocated for the industry, fought against harmful legislation and backed measures that help jewelry businesses.

Hannoush Jewelers Queensbury NY location
IndependentsApr 23, 2024
Hannoush Jewelers Opens New Store in New York

Located in the town of Queensbury, it features a dedicated bridal section and a Gabriel & Co. store-in-store.

203-carat, 116-carat, and 42-carat diamond
SourcingApr 23, 2024
Lucapa Sells 3 Diamonds for $10.5M in First Lulo Tender of 2024

A 203-carat diamond from the alluvial mine in Angola achieved the highest price.

William Ruser: The Jeweler Who Charmed Hollywood book cover
GradingApr 23, 2024
GIA Has a New Book About William Ruser

Ruser was known for his figural jewelry with freshwater pearls and for his celebrity clientele.

Adam Levine and Behati Prinsloo modeling Jacquie Aiche’s Rebel Heart collection
CollectionsApr 22, 2024
Jacquie Aiche’s New Campaign Stars Adam Levine, Behati Prinsloo

The “Rebel Heart” campaign embodies rebellion, romance, and sensuality, the brand said.

American Gem Society Conclave logo 2024
EditorsApr 22, 2024
The 22 Best Quotes from AGS Conclave 2024

Editor-in-Chief Michelle Graff shares the standout moments from the education sessions she attended in Austin last week.

Virtual Diamond Boutique
SourcingApr 22, 2024
Virtual Diamond Boutique Rebrands as ‘VDB’

The overhaul includes a new logo and enhanced digital marketplace.

Signet Jewelers employees and St. Jude Children’s Research Hospital
MajorsApr 22, 2024
Signet Raises Nearly $9M for St. Jude Children’s Research Hospital

The money will go toward supporting ongoing research and aftercare programs for childhood cancer survivors.

Retrouvaí’s Treasure Necklace
CollectionsApr 19, 2024
Piece of the Week: Retrouvaí’s Treasure Necklace

A new addition to the “Heirloom” collection, this one-of-a-kind piece features 32 custom-cut gemstones.

China Pearl collage
MajorsApr 19, 2024
Unique Designs Acquires China Pearl

The move will allow the manufacturing company to offer a more “diverse and comprehensive” range of products.

Printed and digital AGS Ideal grading reports
GradingApr 19, 2024
AGS Ideal Report Now Available in Printed Form

From now through mid-May, GIA will be offering the reports at a 50 percent discount.

Stock image of a polished diamond in tweezers
SourcingApr 18, 2024
Diamond Trade Remains Cautious Amid Economic Uncertainty

De Beers’ rough diamond sales were down 18 percent year-over-year in its latest round of sales.

LVAJWS24_carousel_images_1872x1052_1.jpg
Supplier BulletinApr 18, 2024
Discover History’s Hidden Gems at the Las Vegas Antique Jewelry & Watch Show

Sponsored by the Las Vegas Antique Jewelry & Watch Show

Kelly Yoch
WatchesApr 18, 2024
Watch E-tailer Collectability Hires Kelly Yoch

The Patek Philippe expert will serve as personal curator for the brand-focused company.

Interior of TAG Heuer Boutique on Carnival Cruise Ship
WatchesApr 18, 2024
TAG Heuer Opens Its Largest Standalone Boutique at Sea

The 553-square-foot shop is aboard the Carnival Jubilee cruise ship.

 Stock image of a gavel
Policies & IssuesApr 17, 2024
NDC Prevails in U.K. Case Over Lab-Grown Diamond Advertising

NDC filed a complaint against Skydiamond for use of phrases like “diamonds made entirely from the sky.”

John Carter, 2024 Shipley Award winner
Events & AwardsApr 17, 2024
And the 2024 Winner of the Shipley Award Is …

John Carter received the AGS’s highest honor Tuesday afternoon at Conclave in Austin, Texas.

Visual from Tiffany & Co.’s With Love Since 1837 campaign
FinancialsApr 17, 2024
LVMH’s Q1 Jewelry Sales Fall 5%

LVMH said the company performed well despite an uncertain geopolitical and economic environment.

 B&D ribbon cutting in RI
MajorsApr 17, 2024
Stuller’s B&D Opens New Headquarters

B&D Sales and Service held a ribbon-cutting event for its new location in Cranston, Rhode Island.

Model Wearing Eat Cake Collection
CollectionsApr 16, 2024
Akaila Reid Launches ‘Eat Cake’ Collection

It’s ultra-feminine and filled with gold, pearls, and soft pastels.

×

This site uses cookies to give you the best online experience. By continuing to use & browse this site, we assume you agree to our Privacy Policy