Independents

Lawyer at Center of Overgrading Cases Has License Suspended

IndependentsOct 02, 2018

Lawyer at Center of Overgrading Cases Has License Suspended

The Tennessee Board of Professional Responsibility has temporarily suspended Brian Manookian from practicing law in the state.

Brentwood, Tennessee—The attorney at the center of the lawsuits and public campaigning regarding overgraded diamonds that roiled the industry a few years ago has lost the right to practice law, at least for now.

According to a Sept. 21 notice from the Tennessee Supreme Court’s Board of Professional Responsibility (BPR), the court has opted to temporarily suspend Brian Phillip Manookian after finding that he “poses a threat of substantial harm to the public.” The BPR oversees lawyers’ conduct in the state.

The Nashville-based attorney is immediately banned from accepting new cases, and must cease representing existing clients by Oct. 21. After that date, “Mr. Manookian shall not use any indicia of lawyer, legal assistant or law clerk nor maintain a presence where the practice of law is conducted,” the BPR statement reads.

William C. Moody, the attorney with the BPR who is handling the case, said the main impetus for the suspension was an email that Manookian wrote to opposing counsel that the recipient and the board “took to be threatening.”

He added that there have been past court cases in Tennessee involving Manookian that indicate his actions should not be taken as idle threats, including allegations made by a fellow student back in 2004, his ex-wife and his ex-business partner at a Nashville gun store.

“We (the board) felt no lawyer should have to practice law and be threatened by his adversary,” Moody said.

He said Manookian—who did not respond to multiple calls and emails requesting comment—already has filed a petition to dissolve his suspension. The BPR is working to set a hearing date for the petition.

Manookian first became known in the jewelry industry back in 2014.

After buying a diamond at Nashville jeweler Genesis Diamonds that he allegedly later discovered was not properly graded, he led a legal charge against the retailer. Manookian sued Genesis on behalf of multiple consumers who were sold dimonds that were overgraded by EGL International—they had been given a color and/or clarity distinction that was more than a couple grades above what other labs, like GIA, would assign the same diamond.

At that time, diamond overgrading was the jewelry industry’s 800-pound gorilla du jour and the string of lawsuits forced the industry to deal with it.

In October 2014, Rapaport pulled all EGL reports from RapNet, while Polygon banned stones with EGL International reports only. The moves led to reorganization of EGL

labs outside the United States, with the company dropping the EGL International name, hiring Menahem Sevdermish as global manager and vowing to homogenize their grading practices.

In mid-December 2014, Manookian 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 diamonds allegedly overgraded by the lab.

He said at the time that the intention was for the lawsuit to target the big chains, not small, independent jewelers.

The class action against the majors never materialized, but Manookian, along with other attorneys, launched public campaigns in an effort to find plaintiffs to file a class actions 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 and applauded the dismantling of EGL International, Manookian’s plaintiff-attracting tactics were met with disdain, with two attorneys interviewed by JCK describing them as “unusual.”

And one retailer, the now-closed Diamond Doctor in Dallas, fired back, suing 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.

“Manookian and his firm Cummings Manookian selectively target and systematically attack prominent, successful retail jewelers around the country as ‘fraudsters’ perpetrating ‘scams’ accusing them—without any evidence—of selling poor-quality diamonds at inflated prices,” the original complaint, filed in February 2016, reads.

“Manookian utilizes slickly produced internet websites with videos featuring Manookian himself and social media campaigns plastered with the victim’s trademarks and logos. The targeted jeweler (in this case, The Diamond Doctor) naturally contacts Manookian directly or indirectly and demands a stop to the disparaging and harassing campaigns. Manookian … quickly gets to the point: the victim has the choice of retaining Manookian and his firm as outside counsel at a cost of millions of dollars or face further intimidation, unsubstantiated allegations and harassment.”

In August 2017, the parties reached a settlement. Though terms of the settlement were largely confidential, one of the Diamond Doctor’s attorneys, Randy Johnston of Dallas firm Johnston Tobey Baruch, described all the twists and turns that led up to the “crazy” finale of the case in a blog post published on JohnstonTobey.com.

Reached last week, Johnston declined to comment on Manookian’s suspension.

The notice from the Tennessee BPR said the temporary suspension of Manookian’s law license will remain in effect “until dissolution or modification by the [Tennessee] Supreme Court.”

The BPR defines an attorney who has been suspended as “not in good standing and cannot practice law in Tennessee, subject to reinstatement to active status.”

It is separate classification from disbarred, which “terminates the individual’s status as a lawyer, though the individual is permitted to apply for reinstatement after five years.”
Michelle Graffis the editor-in-chief at National Jeweler, directing the publication’s coverage both online and in print.

The Latest

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.

Stock image crime handcuffs
CrimeApr 19, 2024
Grand Jury to Hear Case Against Jeweler Charged in Fatal Shove Following IJO Show

Last month in Dallas, David Walton pushed another jeweler, David Ettinger, who later died.

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.

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.

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.

Weekly QuizApr 19, 2024
This Week’s Quiz
Test your jewelry news knowledge by answering these seven questions.
Take the Quiz
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

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.

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.

Emily Highet Morgan, Emily Bennett
MajorsApr 16, 2024
Loudr Adds 2 Directors

Emily Highet Morgan and Emily Bennett have joined the agency’s team.

Stuller catalogs
MajorsApr 16, 2024
Stuller Releases First Lab-Grown Diamond Jewelry Catalog

Its updated book for mountings is also now available.

Headshot of Karen Rentmeesters
SourcingApr 16, 2024
Karen Rentmeesters Takes Over as Interim CEO of AWDC

She has been with the organization since 2010, most recently serving as its chief officer of PR and industry relations.

Joyce’s Jewelry
TechnologyApr 15, 2024
Judge Rules Jeweler’s Lawsuit Against PNC Bank Can Move Forward

Joyce’s Jewelry sued the bank after cybercriminals drained its accounts of nearly $1.6 million through a series of wire transfers.

Madeleine K. Albright
AuctionsApr 15, 2024
Madeleine K. Albright Jewelry, Pins Coming to Auction

Hosted by Freeman’s | Hindman, the sale will take place May 7-8.

Audemars Piguet circa 1985 emerald car watch
AuctionsApr 15, 2024
All of Sotheby’s ‘Rough Diamonds’ Sold in Less Than an Hour

The auction house said all 24 timepieces offered in its underground sale of rare and avant-garde watches quickly found buyers.

AGS Conclave 2024 logo Austin
Events & AwardsApr 15, 2024
10 Can’t-Miss Sessions at AGS Conclave 2024

From lab-grown diamonds and AI to the inevitable Taylor Swift mention, here are some of Conclave’s most intriguing educational offerings.

My Next Question webinar
Recorded WebinarsApr 12, 2024
Watch: What Jewelers Need to Know About Insurance

From cybersecurity liability to trade show coverage, insurance experts share tips on how to build the right policy.

Evil Eye Charm with Turquoise Disc
CollectionsApr 12, 2024
Piece of the Week: Lionheart’s Evil Eye Gemstone Charm

The charm is a modern rendition of the evil eye amulet that has been worn for thousands of years.

The Jewelry Symposium scholarship winners 2024
Events & AwardsApr 12, 2024
The Jewelry Symposium Announces 4 Scholarship Winners

Ahead of its trade show next month, TJS awarded free registration and accommodations to one jewelry professional and three students.

SRK Empire and SRK House
Policies & IssuesApr 11, 2024
SRK Exports’ Journey Toward Net Zero Impact

By the end of this year, SRK’s diamond manufacturing complexes will achieve net zero emissions, one of an impressive array of achievements.

AGTA logo
Lab-GrownApr 11, 2024
AGTA Bans Lab-Grown Diamonds, Gemstones at GemFair

Members can still sell lab-grown stones, it said, but only natural gems are allowed on the show floor.

×

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