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Mad March: The Florida Bar Focuses on Art Forgers, Con Artists and Lawyers Behaving Criminally

Seven of the eleven lawyers on this months Bar disciplinary list were deemed eligible to continue as lawyers. LIF disagrees.

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March Madness – It Happens All Year at The Florida Bar

MAR 1, 2022| REPUBLISHED BY LIT: MAR 29, 2022

The Florida Supreme Court in recent court orders disciplined 11 attorneys, suspending five, reprimanding two, and revoking the licenses of four. One attorney was placed on probation.

Andrews is Very Slow to Litigate in Court But Fast at Dippin’ Into Client Funds Without Earning It

Roger Alan Andrews, P.O. Box 38, Crawfordville, public reprimand by publication and ethics school effective 30 days following a February 17 court order.

(Admitted to practice: 1997)

Andrews represented a client in a workers’ compensation matter but failed to adequately communicate despite repeated requests for status updates.

He also failed to settle the case despite the client’s repeated instruction for him to do so.

After Andrews withdrew from the case, the client settled the case as a pro se litigant.

In a second matter, Andrews represented a client in a personal injury claim.

Andrews claimed he informed the client that there was no avenue of relief and ultimately gave the client money because he felt sorry for her.

An audit of Andrews trust account reflected that he had not settled the client’s case and the money he gave her came from his earned fees from other cases.

The audit also showed that he failed to timely move his earned fees from his trust account to his operating account.

(Case No: SC21-1086)

Babbs Needs to Stick to the Dumbbells

Sam Babbs III, 4767 New Broad St., Suite 308, Orlando, disciplinary revocation with leave to seek readmission after five years effective, 30 days following a February 3 court order.

(Admitted to practice: 2008)

Babbs petitioned for disciplinary revocation while the Bar was investigating allegations that he improperly took legal fees intended for his former employer, failed to maintain the required trust account records, failed to follow the minimum trust accounting procedures and negotiated lower payments for clients’ medical bills, and failed to account for the difference in funds.

In addition, the Bar was investigating allegations that Babbs engaged in a pattern of improperly representing out-of-state clients in their bankruptcy matters in jurisdictions where he was not admitted to practice law.

(Case No: SC21-1701)

Biography Overview

I was born in South Florida and raised in Okeechobee, Florida from the age of 2 until I moved to Orlando, Florida to play football at the University of Central Florida.

I graduated from the University of Central Florida with a Bachelor of Science in Legal Studies and a minor in Marketing. I attended Florida A&M University College of Law and clerked at an aggressive Orlando law firm that litigated complex residential and commercial real estate transactions, business litigation, and personal injury cases throughout law school.

After admittance to the Florida Bar, I continued to practice at the same firm I clerked for during law school ultimately focusing my attention on personal injury cases. To hone my personal injury litigation skills, I later joined a mid-size personal injury firm that specialized in automobile accidents, wrongful death claims, premises liability, and medical malpractice.

During this tenure, I recovered millions of dollars for my clients through settlements and verdicts.

In 2018, I opened my own boutique law firm to provide clients with detail-oriented specialized representation ensuring that injured clients received the compensation they were entitled.

Today, I am an avid bodybuilder and active with mentoring programs for underprivileged teens throughout the Central Florida and Okeechobee, Florida area. I have a strong passion for reaching back and helping others see a vision and realize their dreams that they didn’t know they had.

Practice Areas

  • Car Accidents
  • Negligent Security & Inadequate Security
  • Personal Injury
  • Premises Liability
  • Slip & Fall
  • Wrongful Death

Bar Admissions

  • Florida
  • District of Columbia

Memberships

  • Florida Justice Association
  • Central Florida Trial Lawyers Association
  • Orange County Bar Association
  • American Bar Association

Education

  • University of Central Florida
  • Florida A&M University – College of Law

Lee Brewster is Really Out of His Depth

Richard Lee Brewster, 1089 West Morse Blvd., Suite B, Winter Park, suspended for 45 days effective March 14, 2022.

(Admitted to practice: 2013)

Brewster, at the direction of his client, the buyer in a commercial real estate deal, responded to an inquiry by the seller’s attorney via email that requested confirmation of the escrow deposit and the identity of the escrow agent, who pursuant to the contract was to be selected by the buyer.

Brewster responded by email that he had the deposit check (which, according to the contract, would become nonrefundable at a later date) and he named the escrow agent.

Brewster did not possess the deposit check when he sent the email.

Immediately thereafter, his client told Brewster that he might wire the deposit instead and that he was going to consider using two other law firms as escrow agents.

Lee Brewster never corrected or updated the information he had earlier sent in the email to the seller.

The buyer never made a deposit to any escrow agent, and this was not discovered by the seller until after the deposit would have become nonrefundable.

The deal to buy the property did not close.

(Case No: SC21-1290)

When Todd’s not in Federal Bankruptcy Court, He’s been Known to Pour Money into a Failed Pub or Get  Licensed to Sell Real Estate…or Somethin’

Raymond Todd Burbine, P.O. Box 1711, Dunedin, disciplinary revocation with leave to seek readmission in five years effective 30 days following a February 17 court order.

(Admitted to practice: 2004)

Burbine’s petition involved allegations regarding the permanent termination of his license to practice before the U.S. Bankruptcy Court due to his failure to represent his clients competently and diligently before the Court.

Burbine also was alleged to have failed to competently represent a client in a separate probate matter.

(Case No: SC22-58)

Raymond Todd Burbine

(8:17-bk-09377)

United States Bankruptcy Court, M.D. Florida

Raymond Todd Burbine
Attorney at Law

RTB LAW & TITLE, P.A.

Managing Partner with RTB Law & Title, PA in St. Petersburg, Florida, is a Real Estate Attorney, Title Agent, and a Licensed Real Estate Agent with a wealth of experience.

As a Florida BAR member and a title agent with The Attorney’s Title Fund, “THE FUND” and now a licensed Real Estate Agent, Mr. Burbine has exemplified the very best in the legal and real estate field. If you want clear, concise representation and a title agent with your best interests at heart, then look no further.

Mr. R. Todd Burbine is an exceptional communicator who graduated from the University of New Hampshire (1996), where he obtained a Bachelor of Arts degree in Psychology and Communication, thereafter, obtained his Juris Doctorate from Whittier Law School (2003).

Mr. Burbine has been very successful as a lawyer focusing his practice on real estate law; local municipal law; probate and trust administration/litigation; estate planning and divorces.

As of July 2017, he is also a licensed Real Estate Agent in the State of Florida.

“Each client is unique and receives a specialized approach.”

A Brief Bio

Raymond Todd Burbine is an attorney and real estate agent and the founding member of the RTB Law & Title, PA in St. Petersburg, FL. He is also a title agent with THE FUND and his underwriter is Old Republic.

Mr. Burbine has held the position of assistant city attorney with several local municipalities and has been a member of local rotary clubs and business groups. He has built a solid reputation over the years and has become known for his integrity and trustworthiness in the legal and real estate community.

Bar Admissions

Florida

Education

J.D. – Whittier Law School, 2003

B.A. – University of New Hampshire, 1996

 

Tracy Davis has been Caught Tracin’ Names Unlawfully onto Legal Documents

Tracy N. Davis, 3601 S.W. Foremost Dr., Port St. Lucie, suspended for 91 days effective 30 days following a February 3 court order.

(Admitted to practice: 1998)

In a family law matter, Davis had the client sign a blank page with the exception of the signature block in which he affirmed under the oath the truthfulness of the claims in the petition.

Davis then later drafted the petition, improperly notarized the client’s signature, and filed the document with the court.

Davis also failed to notify the client of a hearing set in the matter, and she also failed to attend the hearing on the client’s behalf as a result of the email with the notice going to her spam folder.

In a second matter, Davis notarized a document signed by the pro se opposing party who was not in her presence violating the notary law.

(Case No: SC22-105)

Maverick Hudson Doesn’t Know Where to Report for Dispute Resolution

Mary Michele Hudson, 4440 PGA Blvd., Suite 600, Palm Beach Gardens, suspended effective 30 days following a February 2 court order.

(Admitted to practice: 2011)

Hudson failed to respond to The Florida Bar File No. 2019-50,659(17I).

The Bar filed its Petition for Contempt and Order to Show Cause on December 21, 2021, and the Florida Supreme Court ordered Hudson to show cause by January 5, 2022.

Hudson failed to file a response to the court’s Order to Show Cause.

(Case No: SC21-1734)

Biography

Mary Michele Hudson, Esq.

Attorney Mary Michele Hudson founded Maverick Law LLC., following a decade of providing forensic social work and paralegal services in the criminal defense and family law fields.

Attorney Hudson has also served as a Court Appointed Capital Mitigation Specialist in death penalty cases for the State of Florida.

As a life long advocate for at risk families, Attorney Hudson understands that criminal arrests and family law issues commonly effect the entire family and not just the individual parties named in the subject legal proceedings.

Family focus, constant communication and collaborative problem solving are therefore the hallmark of Attorney Hudson’s client representation.

While aggressive in the court room, Attorney Hudson also holds a Master’s Degree in Alternative Dispute Resolution and has the experience necessary to negotiate the very best outcome for your case; often saving you time and money and relieving both you and your family of the tremendous stress commonly associated with prolonged litigation proceedings.

So if you’ve been arrested or need legal help with a family law issue or both, call Attorney Hudson anytime for a free consultation. As always, Attorney Hudson considers your best interests priority number one.

Satin Coated His Language in Devilish Tones

Eric Satin, 16083 Villa Vizcaya Pl., Delray Beach, suspended for 18 months effective 30 days following a February 3 court order.

(Admitted to practice: 2009)

Satin engaged in significant misconduct in his own divorce, including: disrupting judicial hearings; use of profanity in zoom hearings and in pleadings; introduction of irrelevant and scandalous information about opposing counsel in the proceedings; refusal to comply with court orders; and direct communication with his former spouse and judge in the case, despite warnings to refrain from doing so.

(Case No: SC22-111)

Scheele’s Criminal Acts are Waived When Treatment Goes FLA Inc.’s Way

Before and After…

Brandon Robert Scheele, 501 E Kennedy Blvd., Suite 1700, Tampa, public reprimand by publication and probation for two years effective immediately following a February 3 court order.

(Admitted to practice: 2002)

Scheele was disciplined for two matters.

In the first matter, Scheele was arrested and subsequently charged with multiple criminal offenses.

After treatment and successful completion of a pretrial diversion program all charges were dropped.

In the second matter, Scheele engaged in unprofessional behavior during a deposition resulting in a hearing before the judge, for which Scheele failed to appear.

(Case No: SC22-100)

Sheppard’s Off To Heal the Fox in Him And Return Like a Collie, for Attorney Wife Holly

Sean Patrick Sheppard, 110 E. Broward Blvd., Suite 1570, Ft. Lauderdale, disciplinary revocation with leave to seek readmission not sooner than September 3, 2026, effective immediately following a February 24 court order.

(Admitted to practice: 1995)

Sheppard’s agreement to add an additional year for him to have the opportunity to petition for readmission was based on client contact after the date Sheppard agreed to cease the practice of law.

(Case No: SC22-35)

Petitioner [Sean P. Sheppard] agrees to reimburse Viktoriya Keslin in the amount of $550,000.00, plus interest from May 17, 2019, within 120 days of the date of execution of this document.

See; Viktoriya Keslin, Plaintiff vs. Sean Patrick Sheppard, et al Defendant, Broward County Circuit Courts | Broward County Central Courthouse | Contract | 10/14/2020

Petitioner [Sean P. Sheppard] agrees to reimburse the Clients’ Security Fund (CSF)for any and all funds CSF has paid or may pay for claims resulting from Petitioner’s misconduct.

Petitioner [Sean P. Sheppard]  agrees to reimburse The Florida Bar for the costs incurred in his disciplinary case.

Schmitz Violates the Cronyism and Nepotism Rules

John William Schmitz, 801 Brickell Ave., Fl 8, Miami, disciplinary revocation effective 30 days following a February 17 court order.

(Admitted to practice: 1978)

Schmitz engaged in multiple discovery violations and failures to abide by the court’s rulings in a circuit court proceeding in which Schmitz is a party in a contentious family business dispute.

(Case No. SC21-1712)

Schwartz Promises to Become an Adobe Photoshop Guru While on Hiatus

Jonathan Stephen Schwartz, 200 S.E. 1st St., Suite 505, Miami, suspended for three years effective 30 days following a February 17 court order.

(Admitted to practice: 1986)

Schwartz showed two altered photocopied versions of black and white police photo lineups to the victim at a deposition. Schwartz changed the picture of his identified client to another individual in one of the lineups and changed the hairstyles in the other.

However, Schwartz retained the victim’s markings around the altered photos, such as her circle around the person she identified and her signature and the date beneath the circled photo.

Schwartz did not tell the victim or the prosecutor he had changed the lineups before using them in the deposition.

The court stated the altered lineups were inherently deceptive.

(Case No. SC17-1391)

The Florida Supreme Court, The Florida Bar and its Department of Lawyer Regulation are charged with administering a statewide disciplinary system to enforce Supreme Court rules of professional conduct for the more than 110,000 members of The Florida Bar. Key discipline case files that are public record are posted to attorneys’ individual online Florida Bar profiles. Information on the discipline system and how to file a complaint are available at www.floridabar.org/attorneydiscipline.

Court orders are not final until time expires to file a rehearing motion and, if filed, determined. The filing of such a motion does not alter the effective date of the discipline. Disbarred lawyers may not reapply for admission for five years. They are required to go through an extensive process that includes a rigorous background check and retaking the Bar exam. Attorneys suspended for periods of 91 days and longer must undergo a rigorous process to regain their law licenses including proving rehabilitation. Disciplinary revocation is tantamount to disbarment.

YOUR DONATION(S) WILL HELP US:

• Continue to provide this website, content, resources, community and help center for free to the many homeowners, residents, Texans and as we’ve expanded, people nationwide who need access without a paywall or subscription.

• Help us promote our campaign through marketing, pr, advertising and reaching out to government, law firms and anyone that will listen and can assist.

Thank you for your trust, belief and support in our conviction to help Floridian residents and citizens nationwide take back their freedom. Your Donations and your Voice are so important.



Holly Sheppard
Associate
Direct Dial: 954-526-8811
Email: holly@ssg.law

 

 

 

 

 

 

 

 

 

Holly Sheppard has been a Florida attorney for nearly 25 years, having been admitted to the Florida Bar in 1995.

Holly immediately recognized her passion for transactional work, which allowed her to work cooperatively with clients, attorneys, and other professionals. Holly spent over a decade as a title and closing agent for Attorneys’ Title Insurance Fund, First American Title Insurance Company, and American Pioneer Title Insurance Company handling residential and commercial transactions. Holly has enjoyed her part in helping many clients fully understand and navigate through the process of buying or selling their properties and businesses.

Holly had the privilege of working as an adjunct professor of Business Law at Flagler College in St. Augustine, Florida, and spent many years educating real estate agents and other professionals in a variety of continuing education forums.

Currently focusing her practice in the areas of estate plan drafting and funding, as well as continuing to represent sellers in real estate sales, Holly is pleased to be a part of the Searles, Sheppard & Gornitsky team.

Holly graduated with honors from Florida State University in 1992 with a Bachelor of Science degree. Holly went on to obtain her juris doctorate from Nova Southeastern University, Shepard Broad Law Center in 1995, graduating with honors.

She is married, has four children, and is a congregant of Crossway Church in Davie, Florida.

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2 Comments

2 Comments

  1. Benny Bercovicz

    July 13, 2022 at 2:06 pm

    How can a dishonest lawyer be add to this list

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Editors Choice

A Message for Felon Francis Santa: We Cannot Be Bribed. Stop the Harassment

Once a person has been convicted of a felony, he or she can be considered a felon for life, according to the strict meaning of the word.

Published

on

Dear Santa…..

DEC. 12., 2022

We’ve set aside your plethora of harassing emails and bribes for many months. Indeed, we have never contacted the ex-wife below, who is desperate to provide more unfavorable information about you, Francis “Frank” Santa.

But now your emails are becoming both incessant and threatening, which means we have to publish all the information for our own safety.

You are a convicted felon Francis “Frank” Santa. Considering your stalking behavior, that makes you a very dangerous and untrustworthy person.

We are stating in this public forum: cease and desist from your writings, threats and stop tryin’ to bribe us with “donations”  – which are not donations as they are based on LIF and LIT removing an article about you, which is based on the real truth, no bull.

And remember Francis Santa, you are the one who came charging at us with a takedown request for the Ringel’s, indicted in NYC.

In return, all we did was google you and your business to find out who we were dealin’ with.

That’s when we discovered the information about your criminal past, which was recovered from publicly accessible information.

LIF and LIT didn’t ‘destroy’ you Frank, you did that all by yourself.

May 17, 2022

your-name

Francis Santa

your-email

fs.businessimagelift@gmail.com

your-subject

I am coming hat in hand to you for help.

your-message

Dear Sir/Madam,

I am sincerely and humbly asking you for help. I do not know who I upset to find myself being personally punished on your website but there my be a good reason for which an apology on my part may be need.

If I have wronged someone there I am deeply sorry.

I am a spiritual person and have worked very hard to get to where I am in my life after having my world destroyed 11 years ago.

I have changed and I take responsibility for all my past issues, but more important to me now in life is that if I have done something to someone to offended them even without knowing why, I apologize and more forward.

Please contact me back by email or phone (305)967-3168 so I can make amends.

I do know who has so much dislike for me and took the time to hurt my wife, children and grandchildren and me and but I must have hurt them deeply for the posting to be put up about me.

Last, please understand I am not asking for sympathy or asking you to remove it.

If I have harmed someone in the last 6 years and I am wrong for something I personal did then I deserve it but also if I did nothing I don’t.

Again, please contact me and tell me what I have to do to make things right and discuses this.

Very Respectfully,

Francis

Jun 9, 2022

your-name

Francis Santa

your-email

franksanta054@yahoo.com

your-subject

Need your help

your-message

Dear Sir/Madam,

I sent an email to info@lawsinflorida.com and did not receive a response.

I really need your help, please see attached.

Multi_Upload

https://lawsinflorida.com/wp-content/uploads/wp_dndcf7_uploads/wpcf7-files/Francis-Santa-lawsinflorida.pdf

Jul 22, 2022

your-name

GINA PELLICCIO

your-email

deadmom1960@gmail.com

your-subject

Francis Frank Santa

your-message

I read with great interest your article on my former spouse – what you don’t know is that Mr. Santa is currently in arrears for child support in the amount of $196,000.

I can provide documentation for proof.

I find it quite amusing that this man cries poor mouth, continues to hide assets, resides in a gated community in Boca Raton and has started this bogus foundation.

Leopards do not change their spots –

You do realize he also spent 5 of a 15 year bid in NYS prison for a credit repair scam in which he stole 2.5 MILLION; was prosecuted by DA Morgenthau’s office and was ultimately released to the state of Florida for his parole and probation.

Probation doesn’t give a rat’s ass about what he is doing.

Child Support enforcement doesn’t give a rats ass and good luck trying to get in touch with someone.

I will never see that money he owes – – I can’t even get a life insurance policy on him – something he was to provide for his FIRST born – not the other children he has – one of which is a convicted counterfeitter.

https://www.wpbf.com/article/santa-arrested-in-nordstrom-parking-garage/1311487#

https://www.justice.gov/usao-mdfl/pr/delray-beach-man-sentenced-making-and-possessing-counterfeit-currency

I encourage LIF to contact me.

October 13, 2022

your-name

Francis Santa

your-email

f.michael@businessimagelift.com

your-subject

Need your help ( https://lawsinflorida.com/where-is-he-now-fraudster-francis-santa-was-sentenced-to-88-months-for-conspiracy/ )

your-message

I sent you an email many months ago.

I have put my life back together.

The past 11 years I have paid dearly for what happen.

My family has suffered the most because of the issue.

As for myself I feel that what I went threw changed me and made me a better person and took me off a bad path.

I am trying so hard to move on.

Your article about me is destroying my family.

Please contact me back to see if you can help me in some way to remove or de-index this.

I do understand that you spent a tremendous in research and time posting this.

I have no problem paying and administrative fees that you need.

I am coming to you with hat in hand for your help

Where Is He Now? Fraudster Francis Santa Was Sentenced to 88 Months for Conspiracy

Respectfully,

Francis

December 1, 2022

Donor Comment: I wanted to donate more and will each month when I have extra money.

December 1, 2022

Donor Comment: I would like to also advertise with you.

December 8, 2022

Subject:

francis santa where is he now

From:

the former mrs santa <deadmom1960@gmail.com>

Submitted on: Dec 8, 2022 at 20:26

your-name

the former mrs santa

your-email

deadmom1960@gmail.com

your-subject

francis santa where is he now

your-message

Homepage

ha ha now he is offering a scholarship???

lol scam people into giving money to his “foundation” that isn’t a 501c3 – so he can give it to “other” charities. Why don’t I just donate to them myself and get the tax write off?

are people that stupid?

December 8, 2022

your-name

FORMER MRS SANTA

your-email

DEADMOM1960@GMAIL.COM

your-subject

FRANCIS SANTA – WHERE ARE THEY NOW

your-message

YOU MIGHT ALSO BE INTERESTED IN KNOWING THAT IN ADDITIONAL TO THE HUNDREDS OF PEOPLE MR SANTA HAS SCAMMED – HE CURRENTLY OWES OVER 195000 IN BACK CHILD SUPPORT WHILST LIVING LARGE IN BOCA – HE HAS MADE HIMSELF UNTOUCHABLE SINCE NO ASSETS ARE IN HIS NAME.

ARE YOU ALSO AWARE THAT HE SERVED 5-15 IN NYS PRISON FOR A DEBT RELIEF SCAM?

December 12, 2022

 I am waiting patiently to talk to you regarding your posting on LIF.  I am being as respectful as I can at this time.

 I know you own the site along with LIT and you are responsible for the posting.

You have turned my life upside down for no reason.  The internet can be very cruel.

I have suffered enough with my family and you have put my life in danger.

I could understand if I did something wrong but that is not the case.

Please remove the posting or de-index it from the search engines.  I am not the only person you did this to for no reason.

 What I find interesting is that you are a media company helping people and you are also a company that destroys people.

Do your clients know this?

All I want is for you to remove the posting.

You have hurt me for more than 9 months.

I think that you made your point (whatever it was)

Donor Comment: Thank you

Boca man pleads guilty to conspiring to bribe bankers and fake financial documents

AUG 9, 2011 | REPUBLISHED BY LIT: APR 22, 2022

WEST PALM BEACH — The owner of a Boca Raton company pleaded guilty Wednesday to conspiring to bribe local bankers and falsify financial documents to secure more than $1.5 million in fraudulent small business loans and lines of credit.

Francis Santa admitted orchestrating what federal prosecutors have described as an unique form of fraud: enlisting corrupt bankers to approve business loans for clients with poor credit histories. Santa and his employees at Palm Beach Business Consultants attempted to push through more than $10 million in bogus loans and lines of credit since the firm opened in 2003, according to the U.S. Attorney’s Office.

After federal authorities caught on to Santa’s scheme, he began working with them and agreed to introduce an undercover FBI agent to the bankers. The sting culminated in January with the arrests of 15 people, including Santa, a Broward Schools assistant principal, a former Broward Sheriff’s investigative aide and seven Broward and Palm Beach bankers.

YOUR DONATION(S) WILL HELP US:

• Continue to provide this website, content, resources, community and help center for free to the many homeowners, residents, Texans and as we’ve expanded, people nationwide who need access without a paywall or subscription.

• Help us promote our campaign through marketing, pr, advertising and reaching out to government, law firms and anyone that will listen and can assist.

Thank you for your trust, belief and support in our conviction to help Floridian residents and citizens nationwide take back their freedom. Your Donations and your Voice are so important.



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Fake Documents

Florida Clerks Want to Stop Property Deed Scammers, Unlike Texas Where the Judiciary are the Scammers

On our main website at LIT (lawsintexas.com) we’ve been publishing the real facts about corrupt lawyers, judges and Texas citizens involved in fraudulent deeds.

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Northeast Florida Clerks of Court team up against property and mortgage fraud

Clerks in Baker, Clay, Duval, Nassau, Putnam & St. Johns urge residents to sign up for free fraud alert services

OCT 24, 2022 | REPUBLISHED BY LIT: OCT 25, 2022

JACKSONVILLE, Fla. – The Clerks of Court for Baker, Clay, Duval, Nassau, Putnam and St. Johns counties want the residents they serve to take advantage of free property fraud alert services offered by each of their offices.

The clerks joined forces Monday to urge property owners to protect themselves against scammers who would steal their homes, vacant land or business property through fraudulent deeds or other official records.

“Property and identity fraud are national and local problems that can have a serious impact,” said Putnam County Clerk Matt Reynolds. “By taking advantage of this service offered by the Clerk of Circuit Court and Comptroller’s Office, citizens can get ahead of fraud and protect the things we have all worked so hard to achieve.”

Reynolds and Clerks Stacie D. Harvey, Tara S. Green, Jody Phillips, John A. Crawford and Brandon J. Patty launched a regional campaign to highlight a shared webpage that provides property fraud signup links in all six counties.

The webpage is accessible through both www.ProtectYourFloridaProperty.com and www.ClerksAgainstFraud.com.

“Northeast Florida Clerks are united to fight property fraud across the region, as criminals don’t stop at the county line,” said St. Johns County Clerk Patty.

Property fraud is when someone illegally uses your property for financial gain. A common example is when a scammer creates a fraudulent document that will deed your home to them and then records that document in a county’s official records.

“We are now seeing instances where your home and property can be digitally stolen from you by the filing of a fraudulent deed by scammers miles and miles away,” said Baker County Clerk Harvey.

But property owners themselves can easily discern if ownership of their home or business has been modified — if they are notified that a change has occurred.

“Receiving notifications that something may be amiss is the first step to fighting back. We encourage all property owners to register for this free service that your Clerks have implemented for your protection,” said Nassau County Clerk Crawford, who recently launched the county’s new property fraud alert service.

To combat the nationwide rise in property and mortgage fraud, identity protection companies charge monthly or annual fees to monitor your official records. But your local Clerk of Court offers a free do-it-yourself option — simply subscribe to receive alerts when an official record document is recorded in your name(s) with that office.

“We ask property owners to partner with us, as we work to eliminate the attempts to steal homes and land,” said Clay County Clerk Green. “Bad actors might get away with a fraudulent filing, but an alert sent to a registered property owner will quickly follow that allows the property owner to intervene.”

Like paid commercial alert systems, the free noticing service does not prevent a fraudulent action from occurring.

As a county’s recorders of deeds and mortgages, Clerks of Court document property records but are not authorized to determine the validity of the record.

“Although the notification won’t stop the fraudulent transaction, it will give the property owners the opportunity to right the wrong before it’s too far gone!” Harvey said.

Local realtor Jonathan Daugherty, since 2009, says he’s gotten calls about home that were not for sale.

He thinks the alert system will help homeowners.

“I think it’s a great tool and it sounds like it’s pretty easy for people to do,” said Realtor Jonathan Daugherty with Realtor Future Home Realty.

The free notification service provides an early warning system for subscribers, giving them a tool to become aware of fraudulent activity that may have otherwise gone undetected. Once notified, a property owner knows to contact law enforcement, seek legal advice, or even file a case in civil court.

“Property fraud alerts give individuals and businesses the tools they need to proactively monitor recorded documents and stop property fraud at its very source,”

Duval Clerk Phillips said.

“I greatly appreciate my fellow Clerks joining with me on the front steps of the Duval County Courthouse today as we present a united front against those who would seek to steal from our communities.”

Visit the website, accessible through ProtectYourFloridaProperty.com or www.ClerksAgainstFraud.com, to sign up for this free service in each of these participating counties.

Here are some tips from the FBI to make sure you are not a victim of this kind of fraud:

Get referrals for real estate and mortgage professionals.

Check the licenses of the industry professionals with state, county, or city regulatory agencies

If it sounds too good to be true, it probably is.

Promises of big profits in a small amount of time are signals of concern

Be wary of unsolicited contacts and high-pressure sales online or over the phone

YOUR DONATION(S) WILL HELP US:

• Continue to provide this website, content, resources, community and help center for free to the many homeowners, residents, Texans and as we’ve expanded, people nationwide who need access without a paywall or subscription.

• Help us promote our campaign through marketing, pr, advertising and reaching out to government, law firms and anyone that will listen and can assist.

Thank you for your trust, belief and support in our conviction to help Floridian residents and citizens nationwide take back their freedom. Your Donations and your Voice are so important.



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Editors Choice

Where Is He Now? Fraudster Francis Santa Was Sentenced to 88 Months for Conspiracy

Now Frank’s Out After Snitchin’ to Obtain a Lighter Sentence from Judge Kenneth Marra for Financial Institution Fraud, He’s Been In Touch with LIT.

Published

on

United States v. Santa

(9:11-cr-80007)

District Court, S.D. Florida

JAN 11, 2011 | REPUBLISHED BY LIT: APR 22, 2022

Factual Proffer

On August 10, 2011, movant entered into the following factual proffer with the government used to support his guilty plea, which he thereafter acknowledged as correct during his change of plea hearing:

If this case had proceeded to trial, the Government would have established beyond a reasonable doubt that defendant FRANCIS SANTA did knowingly and willfully conspire with others to execute and cause the execution of a scheme and artifice to defraud financial institutions through the submission of fraudulent line of credit applications and related financial documents on behalf of unqualified borrowers.

In approximately 2003, FRANCIS SANTA began operating Palm Beach Business Consultant, Inc. (PBBC), a Florida corporation located in Boca Raton, Florida.

PBBC was in the business of preparing fraudulent loan package for individuals who lacked the income, credit scores and/or collateral to qualify for legitimate loans and/or lines of credit.

To induce clients to use PBBC’s services, SANTA represented that he had arrangements with numerous bankers who would push through fraudulent loans and/or lines of credit for PBBC clients. Indeed, SANTA claimed that he could get clients up to $300,000 in loans and/or lines of credit from these bankers.

He further represented that he had employees who were skilled at creating fraudulent loan and/or line of credit packages so that the PBBC clients would appear to be qualified, when in fact they were not.

To take advantage of SANTA’S services, the clients were required to pay SANTA fees ranging from $12,500 to $25,000.

The fees were paid up- front or after the loan and/or line of credit was funded by the bank.

SANTA hired several employees who were responsible for preparing the fraudulent loan and/or line of credit application packages for PBBC clients.

These co-conspirators, including Rodney Kahane and Daniel Paine and the non-law enforcement loan applicants, prepared fraudulent loan and line of credit applications in which they falsely reported the applicant’s income, and in many instances, included false and fraudulent financial documents, including false tax returns, false balance sheets and false income statements.

SANTA worked with numerous local bank officers who would facilitate the processing of the fraudulent loan applications in return for a kickback – typically cash, an American Express gift card or other means of remuneration.

In most instances, the fraudulent line of credit applications were approved by the banks. The applicants would take possession of the line of credit proceeds and withdraw funds against the lines of credit.

In almost all instances, the applicants were not able to repay the lines of credit, which resulted in substantial losses to the banks.

Between at least as early as September 13, 2005, through at least May 28, 2009, SANTA actively prepared and submitted loan documents based upon fictitious facts for at least thirty-two individual loans.

These loans were submitted on behalf of clients of PBBC utilizing false documents which were prepared by co-conspirators Kahane and Paine. These loans were submitted through bank officers at Wachovia Bank, Bank of America, Fifth Third Bank, Regions Bank, Suntrust Bank, Commerce Bank, and National City Bank, through co-defendant bank officers CHRISTOPHER BROORKS, DAVID MCGUIRE, and others.

A listing of the fraudulently applied for loans, including the date, the amount, the bank and banker involved and whether the loan was funded is attached hereto and made a part of this factual stipulation supporting the factual basis for the entry of the plea of guilty.

SANTA admits that the amount of the loans sought through his criminal activities was $2,658,000.00 and that the banks suffered an actual loss of $1,502,465.04 as a result of these fraudulently obtained loans.

The charge to which defendant SANTA is pleading guilty is conspiracy to commit fraud on financial institutions.

Santa is ‘Representing Mr. and Mrs Esposito’ in a ‘Removal Request’ via his Business, operating online at BusinessImageLift.com for an alleged article identified by his email, on a sister site at LawsInTexas.com. Note: Mrs. Esposito was formally indicted as Melissa Ringel, not Esposito, and both Esposito and Ringel have criminal cases pending in NY Supreme Court, before Justice Rodney.

Sentencing Guidelines

Prior to the sentencing hearing, the probation officer prepared a PSI wherein, movant was assessed a base offense level of
7.

(PSI§139).

Notwithstanding the probation officer’s initial calculations, because the loss was more than $2,500,000, but not more than $7,000,000, the offense level was increased by 18 levels.

(PSI§140).

Likewise, because the offense involved sophisticated means and since movant was determined to be an organizer or leader of the criminal activity that involved five or more participants, the offense level was increased by an additional six levels.

(PSI§§141,143).

Movant’s adjusted offense level was 31. (

PSI§145).

However, because movant demonstrated acceptance of responsibility, his offense level was reduced by three levels, ultimately setting his total offense level at 28.

(PSI§§147-149).

The probation officer further determined movant had a total of 8 criminal history points and a criminal history category of IV.

(PSI§§155-157).

Based on a total offense level of 28 and a criminal history category of IV, movant’s guideline imprisonment range was
110 to 137 months.

(PSI§193).

Francis ‘Frank’ Santa’s New Defense Counsel became a Criminal Judge (The Honorable Scott Suskauer)

On the same day objections to the PSI were filed, defense counsel also filed a motion for downward variance and/or downward departure based upon the 18 U.S.C. §3553(a) factors and movant’s extensive cooperation with the government.

(Cr-DE#315).

A few days later, defense counsel Richard L. Rosenbaum moved to withdraw from the case, which was granted and a notice of appearance was filed by Scott Ira Suskauer.

(Cr-DEs#317,323,324).

Attorney Suskauer filed amended objections, adopting prior counsel’s objections to the PSI, and further argued movant should only be held responsible for the actual loss amount and that the intended loss should not be calculated as part of the determination of the proper sentencing guideline.

(Cr-DE#322).

In response, the government opposed movant’s request for a downward variance/departure.

(Cr-DE#335).

Although the government admitted movant’s cooperation resulted in the arrest and prosecution of the co-defendants charged in the information in the underlying criminal proceedings, it nonetheless argued movant had committed unauthorized criminal acts while working with the FBI, which were discovered without the assistance of the movant, in violation of the cooperation agreement.

(Id.).

The government also opposed the movant’s objections to the PSI arguing that movant should be held responsible for the intended loss amount and not solely the actual loss.

(Cr-DE#334).

Then, on November 29, 2011, defense counsel filed a memorandum in aid of sentencing wherein movant’s good character was highlighted, and further reminded the Court of movant’s acceptance of responsibility, along with his extensive cooperation efforts with the government.

(Cr-DE#337).

Specifically, movant argued that his cooperation outweighs anything he may have done to offset the benefit that the government had already received and would continue to receive.

(Id.).

We get it though, Frank must be upset reading LIF when he sees Lawyers thievin’ millions, more than his amount and they are operating like nothing happened, livin’ the millionaire beach bum lifestyle in Florida.

Sentencing

Following defense counsel’s sentencing memorandum, on December 1, 2011, movant appeared for sentencing.

(Cr-DE#339).

During the hearing, defense counsel argued the intended loss was not the actual loss amount, therefore, movant was inappropriately assessed 18 levels instead of 16 levels.

(Cr-DE#351:3).

Following argument by both parties on this matter, the Court overruled the objection.

(Id.:19).

Next, defense counsel objected to movant’s role assessment arguing movant’s role was only that of manager to two individuals; however, the Court also overruled this objection.

(Id.:19-21).

Counsel then proceeded with his argument on his motion for downward variance or departure.

(Id.:21).

In doing so, counsel focused on movant’s extraordinary efforts with cooperation and noted that as a result of movant’s cooperation, 27 individuals had been convicted with others under investigation at that time.

(Id.:23-29).

In response, the government argued that based on three instances, it could not file a 5K1 motion because movant had committed wrongful acts in violation of his obligations to cooperate.

(Id.:33).

The government did not dispute that movant had provided extraordinary assistance; however, based on the specific requirements of the cooperation agreement, which encompassed movant not doing anything illegal again, he could not be a beneficiary of a 5K1 motion.

(Id.:33-37).

Following further argument from the government and closing remarks from defense counsel, the Court, after having considered the statements of all the parties, the PSI, as well as statutory factors set forth in 18 U.S.C. §3553(a)(1) through (7),

based on his cooperation, sentenced movant below the guideline range and imposed a sentence of 88 months, restitution totaling $1,502,465.04, followed by five years of supervised release. (Id.:37-45).

The Clerk entered judgment on December 2, 2011.

LIF COMMENT; BASED ON AN 88 MONTH SENTENCE, THIS WOULD MEAN AN ANTICIPATED FEDERAL PRISON RELEASE DATE OF:  Tuesday, April 2, 2019 AND FRANCIS SANTA’S PROBATION WOULD END, IF COMPLETED WITHOUT INCIDENT, 60 MONTHS THEREAFTER; Tuesday, April 2, 2024 – SO FRANK’s STILL ON PROBATION AT THIS TIME AND THERE’S NOTHING ON THE COURT RECORDS WE COULD FIND INDICATING HOW MUCH OF THE $1.5M RESTITUTION HE HAS REPAID.

(Cr-DE#340).

No direct appeal ensued.

The judgment of conviction in the underlying criminal case became final at the latest on December 16, 2011, fourteen days after the entry of the judgment, when time expired for filing a notice of appeal.1

1Where, as here, a defendant does not pursue a direct appeal, his conviction becomes final when the time for filing a direct appeal expires. Adams v. United States, 173 F.3d 1339, 1342 n.2 (11th Cir. 1999). In 2009, the time for filing a direct appeal was increased from 10 to 14 days days after the judgment or order being appealed is entered. Fed.R.App.P. 4(b)(1)(A)(i). The judgment is “entered” when it is entered on the docket by the Clerk of Court. Fed.R.App.P. 4(b)(6). Moreover, now every day, including intermediate Saturdays, Sundays, and legal holidays are included in the computation. See Fed.R.App.P. 26(a)(1).

Conclusion

It is therefore recommended that this motion to vacate be denied; that a certificate of appealability be denied; and, the case closed.

Objections to this report may be filed with the District Judge within fourteen days of receipt of a copy of the report.

Signed this 2nd day of October, 2013.

MAGISTRATE JUDGE PATRICK A. WHITE

After performing some more research, the old adage that federal prisons do not offer ‘early release’, apparently that is a misnomer. LIF discovered Francis Santa was released on April 13, 2017 – so his 5 year post release probation would end conveniently right before he emailed LIT via his new business. So rather than 88 months, he served considerably less time and on review of the docket he was in prison since indictment so that means he served approximately 75 months.

U.S. District Court
Southern District of Florida (West Palm Beach)
CIVIL DOCKET FOR CASE #: 9:12-cv-81369-KAM

Santa v. USA
Assigned to: Judge Kenneth A. Marra

Case in other court:  USDC Southern FL, 11-CR-80007-KAM
13-11788-C

Cause: 28:2255 Motion to Vacate Sentence

Date Filed: 12/17/2012
Date Terminated: 12/09/2014
Jury Demand: None
Nature of Suit: 510 Prisoner: Vacate Sentence
Jurisdiction: U.S. Government Defendant
Plaintiff
Francis Santa represented by Francis Santa
48312-054
Terminal Island
Federal Correctional Institution
Inmate Mail/Parcels
Post Office Box 3007
San Pedro, CA 90731-0207
PRO SEAnna Laniado
Laniado Law PL
40 NW 3rd Street
Suite 200
Miami, FL 33128
7862089565
Email: alaniado@laniadolaw.net
TERMINATED: 01/08/2013
ATTORNEY TO BE NOTICED
V.
Defendant
USA represented by Anne Ruth Schultz
United States Attorney’s Office
99 NE 4 Street
Miami, FL 33132
305-961-9117
Fax: 530-7941
Email: anne.schultz@usdoj.gov
TERMINATED: 01/03/2013
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDEllen L Cohen
United States Attorney’s Office
500 South Australian Avenue
Suite 400
West Palm Beach, FL 33401
561-209-1046
Fax: 659-4526
Email: Ellen.Cohen@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

Date Filed # Docket Text
12/17/2012 1 MOTION (Complaint) to Vacate Sentence (2255) . NOTE: All further docketing is to be done in the civil case. (Criminal Case # 11-80007), filed by Francis Santa. (Attachments: # 1 Appendix Addendum to Claim One, # 2 Civil Cover Sheet)(Laniado, Anna) (Entered: 12/17/2012)
12/17/2012 2 Judge Assignment to Judge Kenneth A. Marra (tpl) (Entered: 12/18/2012)
12/18/2012 3 Clerks Notice to Filer re: Electronic Case. Incorrect case opening information. The Filer selected the incorrect Jurisdiction when filing. The correction was made. It is not necessary to re-file this document. (tpl) (Entered: 12/18/2012)
12/18/2012 4 Clerks Notice to Filer re: Electronic Case. Incorrect case opening information. The Filer selected the incorrect Nature of Suit when filing. The correction was made. It is not necessary to re-file this document. (tpl) (Entered: 12/18/2012)
12/20/2012 5 ORDER re 1 Motion (Complaint) to Vacate/Set Aside/Correct Sentence (2255) filed by Francis Santa. Show Cause Response due by 1/14/2013. Signed by Judge Kenneth A. Marra on 12/20/2012. (ir) (Entered: 12/20/2012)
01/03/2013 6 Notice of Reassignment of Assistant U.S. Attorney by Ellen L Cohen on behalf of USA Attorney Anne Ruth Schultz terminated. (Cohen, Ellen) (Entered: 01/03/2013)
01/04/2013 7 First MOTION for Extension of Time to File Response/Reply as to 5 Order, Set/Reset Deadlines to March 5, 2013 by USA. (Attachments: # 1 Text of Proposed Order)(Cohen, Ellen) (Entered: 01/04/2013)
01/04/2013 8 MOTION to Withdraw as Attorney by Anna Laniado. by Francis Santa. Responses due by 1/22/2013 (Attachments: # 1 Text of Proposed Order)(Laniado, Anna) (Entered: 01/04/2013)
01/05/2013 9 RESPONSE to Motion re 8 MOTION to Withdraw as Attorney by Anna Laniado. filed by USA. Replies due by 1/17/2013. (Cohen, Ellen) (Entered: 01/05/2013)
01/08/2013 10 ENDORSED ORDER granting 7 Motion for Extension of Time to File Response/Reply 5 Order to respond to March 5, 2013. Responses due by 3/15/2013. Signed by Judge Kenneth A. Marra on 1/8/2013. (ir) (Entered: 01/08/2013)
01/08/2013 11 MOTION to Terminate Counsel by Francis Santa. (lbc) (Entered: 01/08/2013)
01/08/2013 12 MOTION to Supplement the Record by Francis Santa. (lbc) (Entered: 01/08/2013)
01/08/2013 13 ORDER granting 8 Motion to Withdraw as Attorney. Attorney Anna Laniado terminated ; granting 11 Motion to proceed pro se. Signed by Judge Kenneth A. Marra on 1/8/2013. (ir) (Entered: 01/08/2013)
01/08/2013 14 ORDER REFERRING CASE to Magistrate Judge Patrick A. White for Pretrial Proceedings. Motions referred to Patrick A. White Signed by Judge Kenneth A. Marra on 1/8/2013. (lbc) (Entered: 01/08/2013)
01/10/2013 15 NOTICE of filing receipt of correspondence by Francis Santa. (ir) (Entered: 01/10/2013)
01/11/2013 16 INITIAL ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Magistrate Judge Patrick A. White on 1/10/2013. (br) (Entered: 01/11/2013)
01/11/2013 17 ORDER TO SHOW CAUSE that on or before forty-five days from the date of this order, the respondent shall file a memorandum of fact and law to show cause why this motion should not be granted. Signed by Magistrate Judge Patrick A. White on 1/10/2013. (br) (Entered: 01/11/2013)
02/15/2013 18 MOTION for Extension of Time to File Response/Reply as to 17 Order to Show Cause, by USA. (Attachments: # 1 Text of Proposed Order)(Cohen, Ellen) (Entered: 02/15/2013)
02/19/2013 19 ORDER granting 12 Motion ; granting 18 Motion for Extension of Time to File Response/Reply re 12 MOTION to Supplement the Record subject to any and all applicable procedural bars., 18 MOTION for Extension of Time to File Response/Reply as to 17 Order to Show Cause, ( Responses due by 4/25/2013) Signed by Magistrate Judge Patrick A. White on 2/19/2013. (cz) (Entered: 02/19/2013)
02/25/2013 20 Petitioner’s MOTION in Opposition to the Government’s Request for 18 MOTION for Extension of Time to File Response/Reply as to 17 Order to Show Cause, by Francis Santa. (Attachments: # 1 Text of Proposed Order)(yar) (Entered: 02/26/2013)
02/27/2013 21 MEMORANDUM Brief in Support of re 1 MOTION to Vacate Sentence (2255), With Points and Authorities by Francis Santa. (yar) (Entered: 02/27/2013)
02/27/2013 22 ORDER denying 20 Motion in opposition to government’s motion for extension of time. Signed by Magistrate Judge Patrick A. White on 2/27/2013. (cz) (Entered: 02/27/2013)
03/25/2013 23 MOTION for Production of Documents/Plea Colloquy, Sentencing Transcripts, Pursuant to Petitioner’s Motion Under 28 USC 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody by Francis Santa. (yha) (Entered: 03/25/2013)
03/26/2013 24 ORDER deferring ruling on 23 Motion to Produce, the government shall respond to this motion with its response to the order to show cause. Signed by Magistrate Judge Patrick A. White on 3/26/2013. (cz) (Entered: 03/26/2013)
03/28/2013 25 MOTION for Production of Documents/Plea Colloquy, Sentencing Transcripts Pursuant to Petitioner’s Motion Under 28 U.S.C. 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody by Francis Santa. (yar) (Entered: 03/28/2013)
04/01/2013 26 ORDER deferring ruling on 25 Motion to Produce, the government shall respond to the two motions for production of documents forthwith. Signed by Magistrate Judge Patrick A. White on 4/1/2013. (cz) (Entered: 04/01/2013)
04/01/2013 27 RESPONSE to Motion re 25 MOTION to Produce, 23 MOTION to Produce transcripts of plea and sentening hearings and corresponding orders filed by USA. Replies due by 4/11/2013. (Attachments: # 1 Transcripts Plea colloquy, # 2 Transcripts Sentencing hearing)(Cohen, Ellen) (Entered: 04/01/2013)
04/03/2013 28 ORDER granting 23 Motion to Produce; granting 25 Motion to Produce, see government’s response (DE#27). Signed by Magistrate Judge Patrick A. White on 4/3/2013. (cz) (Entered: 04/03/2013)
04/08/2013 29 MOTION for Bail Pending 28 U.S.C. 2255 Motion, Pursuant to FRAP Rule 23 and the Bail Reform Act 18 U.S.C. 1341 by Francis Santa. Responses due by 4/25/2013 (yar) (Entered: 04/08/2013)
04/09/2013 30 ORDER denying 29 Motion for Bond. Signed by Judge Kenneth A. Marra on 4/9/2013. (ir) (Entered: 04/09/2013)
04/15/2013 31 MOTION to Expand the Record Pursuant to Rule 7 Governing 2255 Proceedings by Francis Santa. (yar) (Main Document 31 replaced on 5/15/2013) (ail). (Entered: 04/15/2013)
04/16/2013 32 ORDER granting 31 Motion for Leave to File Excess Pages to include plea transcript. Signed by Magistrate Judge Patrick A. White on 4/15/2013. (cz) (Entered: 04/16/2013)
04/17/2013 33 RESPONSE TO ORDER TO SHOW CAUSE re 5 Order, Set/Reset Deadlines by USA. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Cohen, Ellen) (Entered: 04/17/2013)
04/23/2013 34 Notice of Interlocutory Appeal by Francis Santa re 30 Order on Motion for Bond. Filing fee $(NOT PAID). Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (mc) (Entered: 04/24/2013)
04/23/2013 35 MOTION for Certificate of Appealability construed from 34 Notice of Appeal by Francis Santa. Responses due by 5/10/2013 (mc) (Entered: 04/24/2013)
04/29/2013 36 Acknowledgment of Receipt of NOA from USCA re 34 Notice of Interlocutory Appeal, filed by Francis Santa. Date received by USCA: 4/24/13. USCA Case Number: 13-11788-C. (hh) (Entered: 04/29/2013)
05/03/2013 37 TRANSCRIPT INFORMATION FORM by Francis Santa re 34 Notice of Interlocutory Appeal. No Transcript Requested. (mc) (Entered: 05/07/2013)
05/15/2013 38 Clerks Notice of Docket Correction re 31 MOTION for Leave to File Excess Pages. Correction: Image replaced with complete image; see attached for viewing. (ail) (Entered: 05/15/2013)
05/17/2013 39 MOTION for Leave to Proceed in forma pauperis on appeal with Inmate Account Statement attached by Francis Santa. (mc) (Entered: 05/17/2013)
05/20/2013 40 NOTICE of Traverse Reply by Francis Santa re 33 Response to Order to Show Cause (lbc) (Entered: 05/20/2013)
05/20/2013 41 MOTION to Supplement the Record Pursuant to Rule 15 by Francis Santa. (lbc) (Entered: 05/20/2013)
05/21/2013 42 ENDORSED ORDER granting 39 Motion for Leave to Proceed in Forma Pauperis on Appeal. Signed by Judge Kenneth A. Marra on 5/21/2013. (ir) (Entered: 05/21/2013)
05/21/2013 43 ORDER granting 41 Motion motion to supplement the record, the government shall respond in thirty days to additional issues and may apply any and all applicable procedural bars. Signed by Magistrate Judge Patrick A. White on 5/21/2013. (cz) (Entered: 05/21/2013)
05/28/2013 44 RESPONSE/REPLY to 41 MOTION to Supplement the Record Pursuant to Rule 15, 43 Order on Motion for Miscellaneous Relief by USA. (Cohen, Ellen) (Entered: 05/28/2013)
05/29/2013 45 *Endorsed Order tHE GOVERNMENT’S mOTION TO WITHDRAW ORDER de#43 AS DUPLICATIVE OF de#19 IS GRANTED. Signed by Magistrate Judge Patrick A. White on 5/29/2013. (cz) (Entered: 05/29/2013)
06/05/2013 46 ORDER denying 35 Motion for Certificate of Appealability Signed by Judge Kenneth A. Marra on 6/4/2013. (amb) (Entered: 06/05/2013)
06/07/2013 47 MOTION for the District Court to Take Judicial Notice – For The Petitioner’s 1 Motion to Vacate/Set Aside/Correct Sentence (2255),, MOTION for an Evidentiary Hearing by Francis Santa. (yar) (Additional attachment(s) added on 6/10/2013: # 1 Exhibit) (yar). (Entered: 06/10/2013)
06/21/2013 48 ORDER granting 47 Motion to take judicial notice of 2255 filed ; denying 47 Motion for Hearing, if a hearing is required one will be set at a later date. Signed by Magistrate Judge Patrick A. White on 6/21/2013. (cz) (Entered: 06/21/2013)
09/03/2013 49 ORDER of Dismissal from USCA, denying Appellant’s motion for a certificate of appealability because Santa’s has failed to make the requisite showing as to 34 Notice of Interlocutory Appeal, filed by Francis Santa, USCA # 13-11788-C (hh) (Entered: 09/03/2013)
10/02/2013 50 REPORT AND RECOMMENDATIONS on 28 USC 2255 case re 1 Motion (Complaint) to Vacate/Set Aside/Correct Sentence (2255), filed by Francis Santa. Recommending that this motion to vacate be denied; that a certificate of appealability be denied; and, the case closed. Objections to R&R due by 10/21/2013 Signed by Magistrate Judge Patrick A. White on 10/2/2013. (tw) (Entered: 10/02/2013)
10/21/2013 51 MOTION for Extension of Time to File Opposition to Report of Magistrate; Attached Declaration of Francis Santana 50 REPORT AND RECOMMENDATIONS on 28 USC 2255 case re 1 Motion (Complaint) to Vacate/Set Aside/Correct Sentence (2255), filed by Francis Santa Recommending that this motion to vacate be denied; that a certificate of appealability be denied; and, the… by Francis Santa. (yar) Modified text on 10/21/2013 (yar). (Entered: 10/21/2013)
10/22/2013 52 ENDORSED ORDER granting 51 Motion for Extension of Time to File Response/Reply re 50 REPORT AND RECOMMENDATIONS on 28 USC 2255 case re 1 Motion (Complaint) to Vacate/Set Aside/Correct Sentence (2255), filed by Francis Santa Recommending that this motion to vacate be denied. Objections to R&R due by 10/31/2013. Signed by Judge Kenneth A. Marra on 10/22/2013. (ir) (Entered: 10/22/2013)
10/31/2013 53 Petitioner’s OBJECTION to Report of Magistrate Judge 50 Report and Recommendations by Francis Santa. (yar) (Entered: 11/01/2013)
12/09/2014 54 FINAL JUDGMENT ORDER ADOPTING 50 REPORT AND RECOMMENDATIONS denying 1 petition to vacate pursuant to 2255. Certificate of Appealability: DENIED. This case is CLOSED. Signed by Judge Kenneth A. Marra on 12/8/2014. (ir)NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. Modified on 12/9/2014 (ir). (Entered: 12/09/2014)
12/10/2014 55 Case No Longer Referred to Magistrate Judge Patrick A. White/Case Closed by the District Judge. Signed by Magistrate Judge Patrick A. White on 12/10/2014. (br) (Entered: 12/10/2014)
And here’s another lawyer not reported for mortgage fraud. A bit of a cliche when you see Judge Marra turned a blind eye to it as well and then is sentencing Santa…

LONG-TERM FBI UNDERCOVER OPERATION NABS A TOTAL OF 24 DEFENDANTS

Charges include Conspiracy, Bank Fraud, Money Laundering and Identity Theft

JAN 12, 2011 | REPUBLISHED BY LIT: APR 22, 2022

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and John V. Gillies, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announce the filing of charges against fifteen defendants on charges of conspiracy to commit bank fraud, bank fraud, bribery, money laundering, and identity theft.

The defendants, including a loan broker, seven bank officers, and seven customers,are charged in separate Informations for their participation in a four-year scheme to defraud ten area banks out of more than $10 million through the submission of fraudulent small business loans and lines of credit applications.

Previously, another nine defendants were charged in connection with this undercover operation – seven were charged for their participation in a separate identity theft ring and two were charged with bank fraud and money laundering.

U.S. Attorney Wifredo Ferrer stated,

“South Florida ranks first in the nation in home mortgage loan origination fraud, through which false documents are created and submitted to banks to obtain home mortgage loans.

Today, we see a new twist on that scheme. Instead of home mortgages, this ring of defendants, with the help of corrupt bankers, used the same tactics to fraudulently obtain small business loans and lines of credit.

To date, this undercover operation has resulted in charges against a total of 24 defendants, putting them out of the fraud business and potentially into jail cells.”

FBI Special Agent in Charge John V. Gillies stated,

“Today’s case highlights a growing and disturbing trend of the illegal use of small business lines of credit to further criminal activity.

As a result of individual corruption, today’s defendants cost taxpayers, banks and the federal government millions of dollars.

While today’s case marks a significant first step toward combating these crimes, the FBI remains vigilant in its pursuit of this new breed of financial and corporate greed.”

And here’s a recent 11th Circuit decision agreeing with pro se litigants that Judge Kenneth Marra did in fact abuse his powers, but his admitted perjury by written orders confirming the same is not enough to remove him from the lower court case, despite a plethora of case law rejecting that conclusion.

The Information filed today charges loan broker Frank Santa, 51, of Boca Raton, the owner and operator of Palm Beach Business Consultants (PBBC), a loan brokerage business specializing in obtaining fraudulent business loans for clients with poor credit histories.

Also charged were the following seven bankers:

Daniel Agudelo, 34, of Royal Palm Beach, a Small Business Banker at Fifth Third Bank;

Christopher Brooks, 34, of Tamarac, an Assistant Vice President at Bank of America;

Macario Deguzman, 30, of Miramar, a Vice President at Regions Bank and Am Trust Bank;

William Hebert, 36, of Lake Worth, a Vice President at HSBC Bank;

David Mcguire, 39, of Boca Raton, a Regional Private Banker at Wachovia Bank;

David Ramoy, 33, of Lighthouse Point, a bank officer at Floridian Community Bank;

and

Alexander Reyes, 25, of Boynton Beach, a Small Business Banker at Fifth Third Bank.

The Francis Santa Foundation

 Boca Raton, FL, United States

February 25, 2022

Francis Santa, a philanthropist from Boca Raton, Florida is launching the Francis Santa Foundation. He has created a website for his foundation which can be found at https://francissantafoundation.com.

  Credit: GLOBE NEWSWIRE/YAHOO!

LIF are non-lawyers, but we would suggest that operating a ‘foundation’*as a convicted felon – is probably not allowed, and whether Santa has disclosed this to his Probation Officer is questionable (it was advertised before his estimated probation ended).

Certainly, LIT searched the IRS for his foundation but found no match.

Finally, considering he has a restitution order of over $1.5 Million dollars, the only foundation he should be giving to is the fund to repay his victims.

*What Is a Private Foundation?

A private foundation is a nonprofit charitable entity that is generally created by a single benefactor, usually an individual or a business. Using this initial seed donation, known as an endowment, an investment is made to generate income, which is then dispersed in the form of grants to individuals or other charities in accordance with the foundation’s charitable purpose.

Credit: Investopedia

Boca man pleads guilty to conspiring to bribe bankers and fake financial documents

AUG 9, 2011 | REPUBLISHED BY LIT: APR 22, 2022

WEST PALM BEACH — The owner of a Boca Raton company pleaded guilty Wednesday to conspiring to bribe local bankers and falsify financial documents to secure more than $1.5 million in fraudulent small business loans and lines of credit.

Francis Santa admitted orchestrating what federal prosecutors have described as an unique form of fraud: enlisting corrupt bankers to approve business loans for clients with poor credit histories. Santa and his employees at Palm Beach Business Consultants attempted to push through more than $10 million in bogus loans and lines of credit since the firm opened in 2003, according to the U.S. Attorney’s Office.

After federal authorities caught on to Santa’s scheme, he began working with them and agreed to introduce an undercover FBI agent to the bankers. The sting culminated in January with the arrests of 15 people, including Santa, a Broward Schools assistant principal, a former Broward Sheriff’s investigative aide and seven Broward and Palm Beach bankers.

Fourteen of the defendants have entered into plea agreements. Thomas Correa, an assistant principal at the Lanier-James Education Center in Hallandale Beach, is still fighting charges he signed false tax returns to receive $300,000 in bank loans.

Santa, 52, agreed to plead guilty to a single count of conspiracy to commit fraud on a financial institution, a charge that could carry up to 30 years in federal prison. He likely faces far less time behind bars when U.S. District Judge Kenneth Marra sentences him on Oct. 21.

Santa’s attorney, Richard Rosenbaum, said his client cooperated extensively with federal authorities and will likely be called to testify if Correa goes to trial.

When Santa left the federal courthouse on Wednesday, he told a photographer, “You’re not getting my picture,” and began running. In a white dress shirt and tan slacks, Santa sprinted about three blocks, stopped to catch his breath, then started running again.

As part of the FBI sting, five of the seven bankers agreed to help the undercover agent launder hundreds of thousands of dollars in purported drug money, according to court records. Three of the seven bankers have received prison terms of up to 50 months, while the remaining four are awaiting sentencing.

And here’s another lawyer not reported for financial fraud by taking advantage of former NFL Players in Florida by stealing, in many instances, their life savings and retirement funds.

The other people arrested were Palm Beach Business Consultants clients seeking to get loans or lines of credit. Among them were Correa, who had been a longtime reserve Broward Sheriff’s deputy, and Jeanne Ward, who had been an investigative aide with the Broward Sheriff’s Office for 13 years.

Ward and her ex-husband Terrance Ward have pleaded guilty to fraud and identity theft charges, admitting she illegally used a law enforcement database to pilfer people’s identities to get lines of credit. Both are scheduled to be sentenced on Sept. 9.

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