Michael Carbajal's suit claims that his signature on the check is a forgery.
Other records show that on the day before Florence collected his firm's legal retainer, Michael's signature appeared on a document issued by LPL Financial Services, a brokerage firm with offices in Phoenix. The signature afforded Danny "full trading authorization with privilege to withdraw money" from one of Michael's retirement accounts, an account that his attorney says has been depleted.
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Michael Carbajal peeks over at brother Danny during a 2006 press conference in New York.
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Danny Carbajal was his brother's manager in and out of the ring.
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Again, Michael's lawsuit alleges that he never signed the document.
Attorney Susman won't be able to gather all the myriad financial records in this case for some time, so it isn't known yet if Danny siphoned the $30,000 retainer from Michael's LPL account for his legal fees.
But the sequence of events raises the question of how Michael Carbajal would have been able to pay a law firm to represent his brother when, just nine months later, in June 2006, he claimed to be indigent after his own grand jury indictment on a charge of beating up a former pal.
At the time, a county judge appointed two assistant public defenders to represent the one-time millionaire free of charge. A jury, by the way, later acquitted Michael.
One of the eight counts in Michael's lawsuit reveals the deeply personal side of this unfortunate and unexpected situation. It claims the three defendants have caused "Michael Carbajal to become impoverished, and caused him to involuntarily not be able to use or have access to his property. Destroying the family relationship was extreme, and . . . any reasonable member of the community would regard their conduct as evil and beyond all possible decency."
The previously unreported revelations are an appalling turn for an Arizona native who is universally considered one of the greatest athletes to come out of this state, in any sport.
A concurrent New Times analysis confirms that Danny Carbajal, his daughters, and others have worked as an intrafamilial crime syndicate for years.
One of their victims was Sally Carbajal.
Remarkably, the other victim has been Michael, the guy who spilled blood, sweat, and tears in the ring to unknowingly fund the scheme.
If he'd had the chance, Sally's divorce attorney surely would have proved that Danny had submitted forged quit-claim deeds to the County Recorder's Office to steal properties he'd officially owned with her, and had committed other crimes. (A quit-claim deed is a legal document that helps someone transfer property to another person.)
But Sally Carbajal never did have her day in court.
She was murdered in February 2005, just three days before going to trial against Danny.
Sally and her boyfriend, Gerry Best, were gunned down in the parking lot of a Phoenix apartment complex ("Family Secrets," June 23, 2005), in what police suspect was not a robbery gone bad but, more likely, an execution.
Detectives found papers related to Sally's divorce case strewn about the parking lot, where she died instantly after being shot in the back of the head at close range.
Danny Carbajal remains the chief suspect in Sally's unsolved murder.
An affidavit from a Phoenix homicide detective after the double murders said, "Sally has advised numerous persons that she is in fear of her life should Danny or either of her daughters locate her whereabouts."
Those people included her Phoenix divorce attorney, Ken Winsberg, who told New Times about speaking with Sally on the day before she died: "She told me, 'Danny will never let me get the money that's coming to me.' She was genuinely scared of getting murdered by him."
Danny Carbajal declined through his attorney, Sherry Bell, to comment for this story. He told New Times in 2005 that he had nothing to do with Sally's murder.
Because Sally was murdered before her divorce trial, Danny was allowed to maintain ownership of all the properties and money in the couple's retirement accounts, assets estimated at the time to be valued in the upper-six-figure range.
Those properties and retirement accounts are a main issue in Michael's civil suit.
New Times informed attorney Bell on the morning of October 29 about the lawsuit, which, she said, she hadn't heard about. She declined to comment specifically on the new allegations other than to say, "This entire case is so, so sad. A whole family is breaking apart."
Michael and Danny Carbajal haven't spoken in months and, according to people familiar with the situation, the strains inside the once-unified clan are palpable.
Regarding the tensions, a report filed by Phoenix police officer Timothy Redd on October 3 says he'd contacted a member of the Carbajal family "in reference to report [of] threats. [The man] stated after consideration he didn't want to make a report for he is afraid of . . . Danny Carbajal. [He] stated, 'You have no idea what he is capable of doing,' and, 'It's fucked-up what he did to Michael since Mike was the one taking all the punches.'"
The family member also told the officer that "he does not want to get involved and have to take sides in the family."
But it shouldn't have to come down to taking sides. That historically penny-wise Michael Carbajal apparently is tapped out should be enough for anyone to ask the obvious questions: How and why?