Fake Documents
The Beach Bum Series: Why is Brian Abergel Still a Lawyer in Florida?
A law partnership collapses around a six million dollar embezzlement. Yet only one lawyer is being held accountable.
The 6 Million Dollar Scam
Two Miami lawyers, Jordan Weinkle and Brian Abergel convinced a lender in Canada to invest $3 Million into the WA (Weinkle Abergel) law firm trust account and assume a $5.1 Million dollar mortgage for two condemned rental properties.
However, this wasn’t their only con. Weinkle and Abergel embezzled $3 Million from a Chilean Investor (Alpez/Alex Alevy).
Here’s the story behind the two rogue lawyers, where only one has been formally sanctioned by the Florida Bar.
Neither are facing criminal charges – at this time.
MAR 29, 2022
I’m a Lawyer! Abergel Admitted to Florida Bar
The French-speaking lawyer has managed to avoid accountability for the $6M grand larceny.
SEP 23, 2014 – Present
Young Love. Natalie Goldstein becomes Mrs. Weinkle.
DEC. 20, 2014
Weinkle Admitted to Florida Bar in 2015, License Surrendered in 2021.
MAY 13, 2015 – DEC 2, 2021
The information available from the Florida Bar was scant as to why Jordan Garrett Weinkle’s law license was surrendered. LIF decided to investigate and it’s turned out to be a case which could become a Neflix movie. We’re posting this raw data so that any independent journalist(s) or media outlets who are looking for a great story, then LIF is offering our scrapbook as a starting point – with our blessin’.
Young Love. Farrah Ackerman Falls for Brian Abergel.
AUG. 6, 2017
A Bitter Divorce with Children. Jordan is Ordered to Jail for Contempt.
2020 – 2022
GOLDSTEIN WEINKLE, NATALIE VS WEINKLE, JORDAN GARRETT
Case Summary
On 05/19/2020 GOLDSTEIN WEINKLE, NATALIE filed a Family – Marriage Dissolution/Divorce lawsuit against WEINKLE, JORDAN GARRETT.
This case was filed in Florida Dade Court System, Miami-Dade County Courthouse located in Miami-Dade, Florida.
Daddy’s Girl – Natalie’s Father, Daniel Goldstein, is Pickin’ Up the Tab – For Now
Managing Partner, Operations & Investor Relations, Hallandale, Fl.
In short, Accesso is a full-service, vertically-integrated, commercial real estate investment manager, owner and operator providing superior returns and excellent value to U.S., international and institutional investors, brokers, tenants and team members.
Current
Leads the company’s operations as well as part of the Investor Relations front after heading the Due Diligence and Acquisition teams for multi-family residential units
Prior
CEO of a Latin American Real Estate Development Fund and a Private Equity Fund
Managed multiple industrial and consumer goods and food distribution companies in Colombia
Education
Studied law at the University Externado in Colombia
Marissa’s in the Scene
After many years in the Miami party scene, when the WA law firm is launched in swanky offices, Marissa Carvajal is hired as a paralegal.
Notably, she’s named by Natalie Goldstein Weinkle in her acrimonious divorce with Jordan Weinkle.
During our review of the legal papers behind the ‘fake closing documents’, we find a very dubious notary, signed and dated by Marissa – years after the legal paperwork should have been notarized. Furthermore, the date also matches the last day her notary commission expires.
2014-2022
Two Lawyers and Co-Partners Business(es) Dissolved after Lawsuits and Investigations. However, Only Jordan is Sanctioned by the Florida Bar
What’s important here is the corporations which were setup. There are two named entities critical to this fraud.
Weinkle Legal Group, [P]LLC and Weinkle Abergel Law Group, LLC
It would appear Brian Abergel is relying on the legal group entity to duck out of any criminal liability, but that argument should fail. However, we suggest the judiciary is eager to allow Jordan Weinkle to jump onto the sword on his own, to save his friend and co-conspirator. That is not how the law is intended to operate.
2016 – 2020
Our Story
Since founding Weinkle Abergel Law Group, LLC (“The Firm”) the managing partners of The Firm, Jordan Weinkle and Brian Abergel, have been strategically diversifying and expanding their portfolio of companies by leveraging relationships, resources, and expertise acquired through The Firm’s success in the areas of commercial real estate and corporate law.
This approach has resulted in a sustainable and organic growth of their ancillary business endeavors, all of which derive value from one another, and allow for a certain level of vertical integration that simply cannot be accomplished by operating a law firm as a stand alone entity.
This approach has been successfully executed, and has been a source of unparalleled value to Clients of The Firm, and all parties involved in each of the other companies, which collectively make up the portfolio of entities effectively known as The Weinkle Abergel Companies.
Abergel Moves Beachside
The evidence we’ve uncovered shows attorney and founder of reimagined Beachside Legal Services, Scott Turner was anxious to welcome an ‘injection’ of potential cash and contacts by making Abergel a partner, due to recent past events and apparent liquidity issues with the now dissolved Turner and Costa law firm.
2021-2022
Linkedin Profile (last viewed 21 Feb, 2022)
Brian Abergel is a civil litigator with experience in Commercial litigation, Insurance Defense, Real Estate law, and Construction litigation.
Prior to joining Beachside Legal, Mr. Abergel gained invaluable experience at several large law defense firms in both Miami and Fort Lauderdale
and spent 3 years as managing partner of a Miami boutique law firm specializing in real estate and commercial law.
Mr. Abergel has litigated matters before the United States District Court for the Southern District of Florida as well as tried numerous cases at the state court level.
Furthermore, Mr. Abergel has worked as in-house counsel for a world leader in digital printing and finishing equipment as it transitioned into a publicly traded company listed on the NYSE Alternext Paris.
Mr. Abergel attended the University of Florida for his undergraduate degree.
He attended the University of Miami School of Law where he received his Juris Doctorate.
While in law school, Mr. Abergel was an editor for International & Comparative Law Review. Mr. Abergel is currently the Deputy-Chair of the Federal Bar Association’s Corporate and Association Counsel Division as well as an active member of the Brevard County Bar Association and the American Bar Association.
Mr. Abergel is admitted to practice in Federal Court in the Middle & Southern District of Florida and is fluent in French.
Construction Law Clerk
Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars & Sobel, P.A.
Jan 2014 – Jun 2014
6 months
Miami/Fort Lauderdale Area
Prepared pleadings for commercial transactions and construction matters. Performed unique legal research on construction law, HOA regulations and statute interpretation, breach of contract in non-disclosure matters, breach of lease, and partnership duties with specific regard to dilution of shares.
Turner & Costa Law Firm Dissolves Over Debts and Alleged Illness
The evidence we’ve uncovered shows attorney and founder of reimagined Beachside Legal Services, Scott Turner was anxious to welcome an ‘injection’ of potential cash and contacts by making Abergel a partner, due to recent past events and apparent liquidity issues with the now dissolved Turner and Costa law firm.
Lori Costa’s Melbourne Residence
The IRS Debt and the loss of Lori Costa due to illness resulted in a new legal name (Beachside Legal Services) and setup for Scott Turner. Costa, despite claiming to be too ill to work due to MS-type disability – but could drive 200 plus miles for medical appointments. Cost would walk away from the civil suit against the insurer for failure to meet the ‘sickness’ standard, but she still maintains her Florida Bar license to this very day.
Active member of the Florida Bar – LIF last checked: date of this article.
IVY MBT PROPERTY, LLC VS WEINKLE LEGAL GROUP PLLC
Non Payment of Rent for the Law firm’s office space in Regus Building.
Filed Nov. 20, 2020 – Order of Default (due to no response) entered June 4, 2021.
Timeline
June 2019 enters into contract, with lease expiring in 2025.
Aug. 1, 2020 law firm starts defaulting on lease.
Nov. 9, 2020 Landlord is made aware law firm has violated agreement and vacated premises.
Nov. 20, 2020 Landlord sues for recovery of full term of rental period, which is until April 2025.
June 4, 2021 Default is entered – without a sum of judgment.
ALPEZ SPA, A FOREIGN CORPORATION ET AL VS JORDAN GARRETT WEINKLE ET AL
A Duped Chilean Investor
Filed Oct. 29, 2020 – Judgment entered , Default Sum $3.4M by Judge Hanzman, entered Nov. 3, 2021.
Nov. 17, 2018
March 16, 2019
PLANARIA HOLDINGS, INC. VS WEINKLE ABERGEL LAW GROUP, PLLC ET AL
Refinance Bay Harbor Properties: Taking over $5.1M Avatar Loan and Further Advancing $3M which was released and supposed to be kept in Trust Account by Weinkle…that didn’t happen.
Filed Sep. 30, 2020 – Voluntary Dismissal, entered Dec. 3, 2021 by Judge Lisa Walsh.
NUA SHALA ET AL VS JORDAN WEINKLE ET AL
The Two Unsafe to Live In Bay Harbor Properties and the Prior Owners Challenge to the Sale and Purchase Agreements.
Filed Nov. 11, 2019 – Ongoing battle between most named parties, assigned to Judge Valerie R. Manno Schurr.
JORDAN’S DAD IS ACCUSED OF BEIN’ A CREEPY, BANKRUPT, LOW-LEVEL PIZZA SELLER
BARNEY N WEINKLE VS CRISTINA PALOMO ET AL
The Defamation lawsuit filed by Barney Weinkle Went Nowhere…
Filed Sep. 11, 2019 – Voluntarily Dismissed With Prejudice on Apr 17, 2021.
The law office of Michelle M. Niemeyer, P.A., provides experienced insurance coverage and bad faith legal counsel and representation for businesses and residents throughout Florida, including Miami, Coral Gables, Ft. Lauderdale, West Palm Beach, Boca Raton, and all Florida Keys communities, as well as elsewhere in response to her clients’ needs. Ms. Niemeyer is admitted to practice in all state and federal courts in Florida, as well as the 11th Circuit Court of Appeals and the United States Supreme Court.
*An AV rating is the highest rating awarded by Martindale-Hubbell, the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the Judiciary.
ANSWER TO PETITION FOR EMERGENCY SUSPENSION
Respondent, through counsel, files his answer to the Florida
Bar’s Petition for Emergency Suspension and states:
1. The Respondent is without knowledge.
2. Admits.
3. Admits.
4. Denies.
5. Admits.
6. Admits that the affidavit of Thomas C. Duarte is attached to the Petition.
Without knowledge to the accuracy of the statements contained therein, therefore the remainder of Paragraph 6 is Denied.
7. Admits that a Bar complaint was filed against Respondent.
Denies the Respondent’s law firm was retained to be the settlement agent for a mortgage transaction.
Respondent alleges the Settlement Agent was Doreen Parrondo, a licensed title agent in the State of Florida who exceeded her authority in several ways more fully set forth below.
8. Denies that the Settlement Agreement required that Respondent was to hold $60,000 in trust.
Respondent alleges that an “Escrow Holdback Agreement” was prepared by Doreen Parrondo which provided that $60,000.00 was to be held in escrow.
Respondent alleges that Doreen Parrondo did not have the authority to prepare or execute the Escrow Holdback Agreement.
Respondent further alleges that Respondent has no knowledge of who was required to hold the $60,000.00 in excess closing funds or even if there were excess closing funds.
Respondent further alleges that Respondent was in Europe at the time of the closing of this mortgage transaction and had no role in the closing.
Respondent alleges that there were misrepresentations to all parties made by someone other than the Respondent that Respondent was responsible for the $60,000.00 in escrow.
9. Without knowledge, therefore it is Denied.
10. Without knowledge, therefore it is Denied.
11. Admits that a copy of the 2020 Delinquent Tax Certificate was attached to auditor’s affidavit;
Respondent is without knowledge to the remainder of paragraph 11, and is therefore Denied. Respondent alleges it wasn’t Respondent’s responsibility to pay the real estate taxes.
12. Without knowledge, therefore it is Denied.
13. Admits an email was sent on November 20, 2020. Denies the remaining allegations of paragraph 13.
14. Denied.
15. Without knowledge, therefore it is Denied.
16. Without knowledge, therefore it is Denied.
Wherefore, having answered the Petition, Respondent demands that this matter be dismissed.
Respectfully submitted,
Baron, Breslin & Sarmiento
Fl. Rule of Jud. Admin. 2.516
Notice Primary email: EService@RichardBaronLaw.com
Secondary Email: RB@RichardBaronLaw.com
s/ Richard Baron
Filed of Record via Eportal
Richard Baron, Esq. Fla. Bar # 178675
Email: RB@RichardBaronLaw.com
Baron, Breslin & Sarmiento
The DuPont Building
169 East Flagler Street Suite 700
Miami, Fl 33131
Tel.: 305-577-4626
Fax.: 305-577-4630
Certificate Of Service
I HEREBY CERTIFY that this notice was served via Eportal The Honorable John A. Tomasino, Clerk of the Supreme Court of Florida; on Rita Florez, Bar Counsel The Florida Bar Miami Branch Office, 444 Brickell Avenue, Rivergate Plaza, Suite M-100 Miami, Florida 33131-2404, email: rflorez@floridabar.org; Patricia Ann Toro Savitz, Esq., Bar Counsel, The Florida Bar, 651 East Jefferson Street, Tallahassee, FL via email psavitz@floridabar.org; Patricia Ann Toro Savitz, Esq., Bar Counsel, The Florida Bar, 651 East Jefferson Street, Tallahassee, FL via email jdoyle@floridabar.org, on September 22, 2021.
s/ Richard Baron
Richard Baron, Esq. Attorney for Respondent
Where’s the Millionaire Beach Bum Been Livin’?
Jordan’s Current & Past Addresses
Includes all current and previously reported addresses for Jordan Weinkle.
CURRENT RESIDENCE : Is Jordan Couch Surfin’ or Renting?
Bought for $325k (Apr. 2019) and now for sale (Feb. 2022) with asking price of $2.6 Million.
It appears the low priced sale was Dad gifting to his daughter and Realtor working for Miles Goldstein, Melanie Tenenbaum, the home (based on his recent health issues).
And, of course, Melanie is part of the social scene in Miami and moves in the same circles as Weinkle/Goldstein.
3221 NE 165th St, North Miami Beach, FL 33160
Miami-Dade County
Current Address
One of the Block of Apartments Under Litigation
1080 93rd St #6, Bay Harbor Islands, FL 33154
Miami-Dade County
(Feb 2019 – Jul 2021)
The marital home, now deeded to Natalie via Divorce decree.
2330 NE 195th St, Miami, FL 33180
Miami-Dade County
(Jul 2019)
The Beach Home (Apt)
10350 W Bay Harbor Dr #P, Bay Harbor Islands, FL 33154
Miami-Dade County
(Oct 2015)
10070 Bay Harbor Ter, Bay Harbor Islands, FL 33154
Miami-Dade County
(Aug 2015)
343 Layne Blvd, Hallandale Beach, FL 33009
Broward County
(Sep 2014)
1040 S Federal Hwy, Hollywood, FL 33020
Broward County
(Apr 2013)
Mum n’ Dads Pad (Barney and Irene).
718 Diplomat Pkwy, Hallandale Beach, FL 33009
Broward County
(May 2005)
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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.
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.
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
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.
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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.
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.
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.
Donate Today – Laws In Texas https://t.co/JNHI8v2JhJ https://t.co/RXxg1eFwwm pic.twitter.com/ducKt2TC8G
— lawsinusa (@lawsinusa) October 15, 2022
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.”
THE RENT TO BUY SCAM IS ALL OVER HOUSTON AND BANDIT LAWYER CLAY VILT DOMINATES THE MARKEThttps://t.co/wEImpZJrD3 pic.twitter.com/h577rfBJoy
— lawsinusa (@lawsinusa) October 22, 2022
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
We’re all LIT up on the Foreclosure Scam Squad Series. Y’all citizens are takin’ notice and writing to us. That’s fantastic. We want to expand from Harris County to ALL Counties in Texas. We need Your Support n’ Donations to Make this Reality. Donate Todayhttps://t.co/JNHI8vkSvR pic.twitter.com/s0BFsknX5J
— lawsinusa (@lawsinusa) October 14, 2022
YOUR DONATION(S) WILL HELP US:
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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.
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
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
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.
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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