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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.

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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

It’s important to realize that Daniel Goldstein is mentioned several times by the Chilean investor as a reliable and trusted reference.

That stated, when the investor became concerned about his investments, and both Weinkle and Abergel were dodging his questions, texts and calls, he approached Daniel. He was told; ‘Natalie is divorcing Jordan and I have had no interest in the Bay Harbor investments’.

However, another statement alleges that Daniels’ partner is going to invest in the Bay Harbor commercial real estate properties.

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

“After weeks of silence from Weinkle and Abergel, Alex reached out to Goldstein in a desperate attempt to find out what was going on with the Bay Harbor Properties investments.

Goldstein responded by informing Alex that Weinkle and Goldstein’s daughter were getting a divorce, and that Goldstein had no knowledge regarding the Bay Harbor Properties – even though Weinkle had previously represented to Alex that it was Goldstein who would purchase Alpez Holdings’ interest in the Bay Harbor Properties.”

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.

A joint partnership where only one lawyer is sanctioned but where the complainant confirms both were parties to the fraudulence?

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.

“On May 11, 2020, the Law Firm, still serving as the escrow agent for the Planaria Loan and presumably still in possession of the $3,000,000.00 in escrow funds as part of the Planaria Loan, suddenly filed for voluntary dissolution. To initiate this voluntary dissolution, the members of the Law Firm – Weinkle and Abergel – unanimously voted to do so.

“Alex’s belief was based on Weinkle’s oral representations in their phone conferences, the written representations of Weinkle and Abergel in their emails, and the Fake Closing Documents provided to Alex by Weinkle.”

“On January 2, 2019, Weinkle requested via email that Alex join a conference call to discuss the fact that the seller of Bay Harbor One had now approached Weinkle with the opportunity to purchase the second of the Bay Harbor Properties (“Bay Harbor Two”).”

Nov. 17, 2018

“On March 6, 2019, Alpez wired $540,400.00 to the trust account of the Law Firm (per the instructions of Weinkle and Abergel), purportedly to purchase Alpez Holdings’ respective ownership interest in Bay Harbor Two”

March 16, 2019

Weinkle and Abergel’s False and Fraudulent Representations to Alex Regarding a Buy-Out of his Interest in the Bay Harbor Properties and the Shala Lawsuit”

“At this point in time, Alex began to be suspicious about the status of the Bay Harbor Properties, and the inability of Weinkle and Abergel to provide him with direct answers to basic questions regarding the status of the renovations, the timeline for the sale of the properties, or the future strategy regarding a return on the Alpez Investment Funds.”

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.

“During the subsequent conference call with Alex, Weinkle represented that everything necessary for the purchase of Bay Harbor Two had been completed, that Weinkle’s father was going to finance the purchase of Bay Harbor Two by putting up $1,000,000.00 as a loan that would be used by Weinkle, Abergel and Alpez Holdings to purchase Bay Harbor Two, and that Weinkle, Abergel and Alpez Holdings would then pay back the loan from Weinkle’s father. Again, none of these representations by Weinkle were true.”

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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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.

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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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Appellate Judges

April 2022 Foreclosure Stay Raises Serious Questions as to ‘Divorce Status’ Of Tim and Jennifer Howard

We suggested our doubts in our first article and our suspicions are only further endorsed by the foreclosure of their former marital home.

Published

on

TOWD POINT MORTGAGE TRUST 2016 1 US BANK NATIONAL vs HOWARD, PHILLIP TIMOTHY & JENNIFER CROUSE, ET AL.

MAY 13, 2021 | REPUBLISHED BY LIT: APR 17, 2022

THE SEC NEEDS TO TAKE JUDICIAL NOTICE

Note: This is only one property, there is the beach home, etc.

Considering the history of the lawyer Phillip Tim Howard and his deception, along with our review of the court documents, including the ongoing SEC investigation and complaint, we’re pretty sure based on our audit, this divorce is a sham, but it’s up to the government and related authorities to review and prosecute as necessary.

This con man and ‘the wife’ should be behind bars, not selling assets and avoiding forfeiture of funds recovered. Any net proceeds of their ‘extravagant lifestyle’ should be returned to duped investors – and according to court records, many victims lost their entire life savings.

Motion to Stay While Loss Mitigation is Pending with Lender and Order Granting Stay

(The original complaint is also included, which details the facts.).

Federal Judge Winsor in a related case and recent opinion stated;

“To avoid confusing the two Howards, this order will refer to Jennifer Howard as “the wife,” despite the fact that they are no longer married.”

The Certificate of Service Sends the Mail to the Same Address for both Tim and Jennifer Howard in Jacksonville, Fl.

The Certificate of Service confirms JOINT Counsel for the Howards’ is an admitted foreclosure defense firm.

The Residential Home is Currently On the Market for Sale and the Court filings show this Realtor as the Listing Agent

SALES ASSOCIATE

Joana is a native of Kentucky (Go Wildcats!) but has lived in the Tallahassee area over 20 years. Prior to becoming a licensed real estate agent, she was a legal assistant and then a stay at home mom for many years. She is the mother of four wonderful children who keep her on her toes! She enjoys the outdoors, traveling and spending time with friends and family.

Meeting new people and helping clients whether they are buying or selling a home is Joana’s passion. Her client dedication and love of helping others are what motivate her most. A focused listener, Joana is known for her intuition and diligence while employing genuine concern and honesty as she creates a positive experience for both sides in any real estate transaction.

Her business approach is simply this: she listens to the client’s needs and matches them to the right property, then assures a smooth and efficient transaction. Her bubbly and outgoing personality and her ability to “talk to anyone” contribute to her success when negotiating deals for her clients.

850-544-2120

joanavrealty@gmail.com

The Home is Shown as ‘Under Contract’ as at 4/17/2022 for $1,098,000.

Let’s hope the buyer has a good real estate lawyer to check out the liens, loans and why the HOA is a defendant in the foreclosure proceedings.

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Appellate Judges

Federal Judge Winsor Baulks Dismissal With Prejudice in Disbarred Lawyers Alleged Perjured Complaint

This is a LIT Series on Tim Howard’s shady past and present (not the American goalkeeper) but the Lawyer accused of finchin’ millions from retired NFL players.

Published

on

HOWARD v. GDB CAPITAL GROUP LLC

(4:19-cv-00049)

District Court, N.D. Florida

JAN 23, 2019 | REPUBLISHED BY LIT: APR 11, 2022

ORDER GRANTING DISMISSAL WITHOUT PREJUDICE AND AWARDING FEES

Phillip Howard sued GDB Capital and others, alleging federal and state claims.

The claims relate to real estate transactions that Howard claims were actually usurious loans.1

Howard has acted improperly and dishonestly throughout this litigation, and I issued an order requiring him to show cause why he should not be sanctioned.

ECF No. 54.

At a hearing on the issue, I determined that sanctions were appropriate.

1 There is no operative complaint.

I will refer to various iterations of the complaint by their given titles, though not all of them are correctly styled. Howard titled his first repleading as a “Second Amended Complaint.”

ECF No. 29.

After that was dismissed, he filed a “Third Amended Complaint,”

ECF No. 38,

followed by a “Verified Third Amended Complaint” (filed without leave),

ECF No. 39.

Because the “Verified Third Amended Complaint” was filed improperly, it was stricken.

ECF No. 56 at 6.

Howard missed the filing deadline for his “Fourth Amended Complaint,”

see ECF Nos. 56 at 7, 60 at 1,

so it never became operative.

Compare with 11th Circuit Opinion re Shotgun Pleading dismissed with prejudice and Judge ‘Glossing’ Tjoflat’s detailed concurring opinion, including pleading a complaint concisely – a warning to lawyers.

Here, Howard’s entire lack of a complaint, combined with a review of the federal docket and in conjuction with the related state court dockets and filings, clearly shows Howards’ complaint(s) commanded dismissal WITH prejudice, sanctions or not.

Now, Howard asks that his case be dismissed without prejudice.

ECF No. 72 at 5, 7.

The defendants agree that the case should be dismissed, but they want it with prejudice.

ECF Nos. 71, 73.

Having carefully considered the parties’ arguments, I find that dismissal without prejudice is sufficient.

This order also imposes sanctions on Howard, as announced at the hearing.

BACKGROUND

Howard (then a licensed attorney2) initially sued on behalf of himself and his then-wife, Jennifer Howard.

(To avoid confusing the two Howards, this order will refer to Jennifer Howard as “the wife,” despite the fact that they are no longer married.)

Throughout the case, Howard consistently failed to comply with the court’s orders, resulting in four show-cause orders.

See ECF Nos. 5, 10, 54, 59.

The third show-cause order3 came after the wife (his one-time purported co-plaintiff) filed notice through her attorney that the case was filed without her knowledge or authorization.

See ECF No. 48 ¶ 1; ECF No. 54.

Howard’s response to the order was equivocal and did not say directly whether the wife authorized the suit.

See generally ECF No. 55.

It addressed ancillary issues, claiming Howard and the wife had met

2 Recently, the Florida Supreme Court disbarred him.

See Fla. Bar v. Phillip Timothy Howard, 2022 WL 872176, at *1 (Fla. Mar. 24, 2022).

3 The first and second show-cause orders addressed Howard’s failure to timely serve defendants.

See ECF Nos. 5, 10.

The fourth addressed his untimely filing of the Fourth Amended Complaint.

See ECF No. 59.

As Judge Winsor confirms himself (see footnote 4 above), if you  review the attached motion for attorney fees in the related state court case, specifically page 7, which was filed in June of 2020…Jennifer C. Howard claimed she did not sign said closing documents in defiance of evidence to the contrary, including a notary public claiming she witnessed her signing the papers.

So how is she any more credible than Mr. Howard, especially when she was never cross examined by Judge Winsor?

Who’s making ‘conclusory’ judgments now about a parties integrity when they are not present in the courtroom?

with the U.S. Attorney’s office to discuss the allegedly usurious transactions, that the wife knew about the litigation, that the lawsuit was in her interest, and that he would (apparently gratuitously) give her litigation proceeds.

See generally id.

I held a hearing to address the sanctions issue and other matters.

See ECF No. 56.

When Howard testified under oath at the hearing, he continued to offer vague and evasive answers about whether the wife authorized a lawsuit in her name.

See ECF No. 69 at 19-22.

For example, when I asked Howard how the wife had manifested consent to the filing, he responded that she knew about the case and stood to benefit from it.

Id. at 22:4-5.

Only after I pointed out that awareness is not the same thing as consent did he unequivocally claim that he had asked her directly if he could file the lawsuit and that she said yes.

Id. at 22:16-17.

Because the latter statement would have directly answered the court’s questions (and the earlier show-cause order) but was offered only after repeated questioning, and based on Howard’s overall manner of testimony, I found him not credible.4

ECF No. 69 at 45:21-23.

My finding is that the wife never authorized Howard to sue on her behalf.

4 Howard’s other testimony further undermined his credibility.

For example, Howard gave shifting and inconsistent explanations for why the wife’s purported signature was on the notarized deed to property in dispute,

see ECF No. 60 at 42.

His (improperly filed) “Fourth Amended Complaint” claimed that only he had signed the deed,

ECF No. 60 ¶ 15,

despite her apparent signature and despite earlier filings claiming that both he and the wife had transferred the property,

ECF Nos. 23¶ 9; 38 ¶ 15; 39 ¶ 15.

At the hearing, Howard explained away this inconsistency by saying the wife had “authorized” the signature purporting to be hers but had not physically signed the deed,

ECF No. 69 at 34:1-5,

contradicting the notary’s attestation that the wife had appeared personally to sign the deed,

ECF No. 60 at 42.

Overall, Howard was simply not credible.

Mrs. Jennifer Howard did not show up for the State Court Trial on Aug. 16, 2019 as she was too distraught over the potential loss of her beloved beach house

(and not for the millions of dollars her husband stole from mentally impaired victims).

No live testimony or cross examination could occur as a result, because the trial proceeded in her absence.

– see page 3 of attached attorney fee motion.

DISMISSAL

The defendants seek dismissal with prejudice.

ECF Nos. 70, 71.

Howard instead seeks dismissal without prejudice under Rule 41(a)(2), so that the matter can be resolved in a related state court proceeding.

ECF No. 72 ¶¶ 14, 18.5

To dismiss with prejudice, I would have to “specifically find[] that lesser sanctions would not suffice.”

Betty K. Agencies, Ltd. v. M/V MONADA, 432 F.3d 1333, 1338 (11th Cir. 2005).

Although I must keep the defendants’ interest in mind when ruling on a Rule 41(a)(2) motion for voluntary dismissal without prejudice,

see Fisher v. Puerto Rico Marine Mgmt., Inc., 940 F.2d 1502, 1503 (11th Cir. 1991)

(explaining that “Rule 41(a)(2) exists chiefly for protection of the defendants”),

I find that dismissal without prejudice is warranted here.

5 I will treat Howard’s response to the post-hearing order (ECF No. 72) as a motion for voluntary dismissal under Rule 41(a)(2).

Ordinarily, a plaintiff may voluntarily dismiss without a court order “before the opposing party serves either an answer or a motion for summary judgment.”

Fed. R. Civ. P. 41(a)(1)(A)(i).

“But if the plaintiff previously dismissed any federal or state-court action based on or including the same claim, a notice of dismissal operates as an adjudication on the merits.”

Fed. R. Civ. P. 41(a)(1)(B).

The court takes judicial notice that Howard appears to have previously dismissed similar claims in state court.

See ECF No. 60

¶¶ 23, 59; id. at 50; Howard v. GDB Capital Grp., Case No. 2018-CA-68 (Fla. 2d Cir. Ct. Mar. 16, 2018).

After the trial, Jennifer Crouse Howard filed for divorce on Sept. 4, 2019.

– see page 3 of attached attorney fee motion.

Notably, the SEC case was filed only a few days before her divorce petition, namely August 29, 2019.

LIF suggests, and it is based on a limited audit and review of the cases and supporting documents, the divorce appears to be engineered. From an outsider peering inwards, it certainly could be assumed that Mrs. Howard was concerned regarding her own personal knowledge and conduct prior to the SEC investigation and she is desperately trying to separate herself from any civil or criminal liability.

After all, she had personally benefited from the fraud – as indicated in court filings and could fall under the co-conspirator category. In short, she enjoyed a lavish lifestyle as a result of the theft of her then-husband’s client investments/retirement funds.

The defendants will suffer little harm, if any, from dismissal without prejudice.

They have all been made parties to the state-court proceeding.

See ECF No. 74 at 3.

Chapman argues that he would be prejudiced because he “would be required to start over in his defense of these claims in a new case.”

ECF No. 73 at 3.

But this is not sufficient legal prejudice under the Rule.

See McCants v. Ford Motor Co., 781 F.2d 855, 856-57 (11th Cir. 1986).6

Nor do the other defendants identify special circumstances to justify dismissal with prejudice.

I find that the sanctions announced below are likely sufficient. See Fed. R. Civ. P. 11(c)(4)

(“A sanction imposed under this rule must be limited to what suffices to deter repetition of the conduct or comparable conduct by others similarly situated.”).

Accordingly, I will grant Howard’s request for dismissal without prejudice.

SANCTIONS

This does not resolve the sanctions issue.

See Absolute Activist Value Master Fund Ltd. v. Devine, 998 F.3d 1258, 1266 (11th Cir. 2021)

(explaining that “even when a voluntary dismissal disposes of an entire action, district courts retain jurisdiction” to consider sanctions).

I find that awarding attorney’s fees is appropriate here.

6 Chapman also argues that he is not a party to the state court proceeding, but he has since been named as a party.

See ECF No. 74 at 3.

SEC CASE AGAINST PHILLIP ‘TIM’ HOWARD, et al

(IN THE SAME FEDERAL COURTHOUSE, N.D. Fl.)

Howard represented National Football League (“NFL”) players who suffered concussion-related brain injuries during their NFL careers in connection with a class action lawsuit against the NFL (the “NFL Concussion Lawsuit”).

Howard has acknowledged that these players’ “brain function is not there, their body has been beat up from the NFL, they don’t have employment capacity, they don’t have credit, and they don’t have capital anymore.”

Nonetheless, Howard and Reinhard solicited these players to invest in the Funds.

As a result, the majority of the Funds’ investors are former NFL More than half of them used their retirement accounts in order to make the investments happen.

To lure investors, the Defendants knowingly or recklessly materially misrepresented the Funds’ investment focus, how the Funds would use investor money, and Reinhard’s background and experience in the securities industry.”

Because the fourth show-cause order placed Howard on notice of potential sanctions, Rule 11 permits the court to award “part or all of the reasonable attorney’s fees and other expenses directly resulting from” his Rule 11 violations.

Fed. R. Civ. P. 11(c)(4); 11(c)(5)(B).

In the Eleventh Circuit, a lawyer may be subject to Rule 11 sanctions when he “files a pleading that has no reasonable factual basis” or “files a pleading in bad faith for an improper purpose.”

Didie v. Howes, 988 F.2d 1097, 1104 (11th Cir. 1993).

Howard filed his first three complaints for an improper purpose by joining his wife as a plaintiff without her authorization.

See Rule 11(b)(1);

see also Albritton v. Cagle’s, Inc., 508 F.3d 1012, 1017 (11th Cir. 2007)

(“An attorney may not file lawsuits without authorization of the plaintiffs on whose behalf the lawsuit is purportedly filed.”).

And there was no reasonable basis to assert claims on her behalf.

As discussed above, I do not believe that dismissal with prejudice is the only sanction sufficient to capture the gravity of Howard’s conduct or deter similar conduct in the future.

Instead, I will direct Howard to pay defendants’ attorney’s fees incurred responding to his Third Amended Complaint (ECF No. 38), “corrected” Third Amended Complaint, (ECF No. 39), and Fourth Amended Complaint (ECF No. 60).

Those fees were incurred because Howard’s filings joined a plaintiff he had no authority to join.

I will also award attorney’s fees that defendants incurred in connection with this sanctions matter, including fees incurred in preparation for the and the memoranda that defendants filed with respect to the sanctions issue, because defendants also incurred those costs on account of Howard’s sanctionable misconduct under Rule 11.

Mrs. Howard is facing civil cases regarding her mounting credit card debt, this law suit is the AMEX line of credit which is being pursued in Florida court; amount payable: $134k.

CONCLUSION

1. Howard must pay the attorney’s fees and costs incurred by the remaining defendants in preparing and filing ECF Nos. 40, 41, 58, 67, 70, 71, and 73.

2. The parties must confer regarding the amount of fees to be awarded and file a joint notice no later than April 8, 2022 indicating whether they have agreed as to the amount.

If the parties cannot agree, the court will refer the matter to the magistrate judge to make a recommendation regarding a reasonable amount.

3. Howard’s request to dismiss without prejudice (ECF No. 72) is GRANTED.

The clerk will enter a judgment that says,

“This case is dismissed without prejudice under Rule 41(a)(2).”

Defendant’s motions to dismiss with prejudice (ECF Nos. 58, 71) are DENIED.

4. The court will retain jurisdiction to enter judgment on the Rule 11 and 28 U.S.C. § 1927 sanctions.

5. The clerk will administratively close the file.

SO ORDERED on March 30, 2022.

s/ Allen Winsor
United States District Judge

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District of Florida (Tallahassee)
CIVIL DOCKET FOR CASE #: 4:19-cv-00049-AW-MAF

HOWARD et al v. GDB CAPITAL GROUP LLC et al
Assigned to: JUDGE ALLEN C WINSOR
Referred to: MAGISTRATE JUDGE MARTIN A FITZPATRICK
Demand: $1,500,000
Cause: 18:1962 Racketeering (RICO) Act
Date Filed: 01/23/2019
Date Terminated: 03/30/2022
Jury Demand: Plaintiff
Nature of Suit: 370 Other Fraud
Jurisdiction: Diversity
Plaintiff
PHILLIP TIMOTHY HOWARD represented by PHILLIP TIMOTHY HOWARD
HOWARD & ASSOCIATES PA – TALLAHASSEE FL
2120 KILLARNEY WAY
STE 125
TALLAHASSEE, FL 32309
850-298-4455
Fax: 850-216-2537
Email: tim@howardjustice.com
ATTORNEY TO BE NOTICED
Plaintiff
JENNIFER HOWARD represented by PHILLIP TIMOTHY HOWARD
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDJERRY LEWIS RUMPH , JR
SWEETING & RUMPH PA – TALLAHASSEE FL
864 EAST PARK AVENUE
TALLAHASSEE, FL 32301
850-681-1010
Email: jerry@sweetingrumph.com
ATTORNEY TO BE NOTICED
V.
Defendant
GDB CAPITAL GROUP LLC represented by ROBERT SCOTT GERSHMAN
GERSHMAN & GERSHMAN PA – DELRAY BEACH FL
2160 W ATLANTIC AVENUE
2ND FLOOR
DELRAY BEACH, FL 33445
561-684-8898
Email: robert@rglawfirm.us
ATTORNEY TO BE NOTICED
Defendant
JEFFREY STUART GALLOWAY
TERMINATED: 12/03/2019
Defendant
JEFF GALLOWAY REAL ESTATE INC
TERMINATED: 12/03/2019
Defendant
DOUGLAS JOHN DEHAAN
TERMINATED: 12/03/2019
Defendant
GAYLE H DEHAAN
TERMINATED: 12/03/2019
Defendant
GARY BROTHERTON, JR represented by ROBERT SCOTT GERSHMAN
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
ADDYS THEDRICK WALKER
TERMINATED: 12/03/2019
Defendant
LINDA BEDELL
TERMINATED: 12/03/2019
Defendant
PROVIDENCE CAPITAL HOLDINGS LLC
TERMINATED: 12/03/2019
Defendant
NEW EDGE MANAGEMENT LLC
TERMINATED: 12/03/2019
Defendant
BARRY RYAN CHAPMAN represented by CHRISTOPHER KEITH RITCHIE
GALLOWAY LAW FIRM – PENSACOLA FL
118 E GARDEN STREET
PENSACOLA, FL 32502
850-436-7000
Fax: 850-436-7099
Email: critchie@gallowaylawfirm.com
ATTORNEY TO BE NOTICEDJOHN MICHAEL GRIMLEY , JR
GALLOWAY LAW FIRM – PENSACOLA FL
118 E GARDEN STREET
PENSACOLA, FL 32502
850/436-7000
Fax: 850/436-7099
Email: mgrimley@gjtbs.com
ATTORNEY TO BE NOTICED
Defendant
JEFF KAHN
TERMINATED: 12/03/2019
Defendant
INNOVATIVE RETURNS INC
TERMINATED: 12/03/2019
Defendant
GORHAM INVESTMENTS INC
TERMINATED: 12/03/2019
Defendant
ANTONIO CORTEZ HENDERSON
TERMINATED: 12/03/2019
Defendant
SHEILA HENDERSON
TERMINATED: 12/03/2019
Defendant
GULF COAST REALTY OF ST GEORGE ISLAND INC
TERMINATED: 12/03/2019
Defendant
KAHN ADVISORS
TERMINATED: 12/03/2019
V.
Intervenor Defendant
DOUGLAS JOHN DEHAAN represented by CECILY MARIE PARKER
BEGGS & LANE RLLP – PENSACOLA FL
501 COMMENDENCIA ST
PENSACOLA, FL 32502
850-432-2451
Fax: 850-469-3331
Email: cmp@beggslane.com
ATTORNEY TO BE NOTICED
Intervenor Defendant
GAYLE H DEHAAN represented by CECILY MARIE PARKER
(See above for address)
ATTORNEY TO BE NOTICED

 

Date Filed # Docket Text
01/23/2019 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number AFLNDC-4384882.), filed by PHILLIP TIMOTHY HOWARD. (HOWARD, PHILLIP) (Entered: 01/23/2019)
01/24/2019 2 DOCKET ANNOTATION BY COURT: To ATTORNEY PHILLIP HOWARD re: 1 Complaint. Party names (including aliases) are to be added using all caps and no punctuation. (See “Style Guide for Electronic Case Filing,” available on Clerk’s website.) The party names will be corrected by the clerk. Further, counsel is advised by this entry, that a Civil Cover Sheet must be filed as a separate entry using the event selection “Civil Cover Sheet” which is found under “Other Filings” under “Other Documents”. PLEASE FILE THE CIVIL COVER SHEET. (cle) (Entered: 01/24/2019)
03/27/2019 3 CIVIL COVER SHEET. (Attachments: # 1 Civil Cover Sheet) (HOWARD, PHILLIP) (Entered: 03/27/2019)
06/28/2019 4 ORDER REASSIGNING CASE. Case reassigned to JUDGE ALLEN C WINSOR for all further proceedings. CHIEF JUDGE MARK E WALKER no longer assigned to case. Signed by CHIEF JUDGE MARK E WALKER on 6/28/19. **Please use the new judge’s initials for all future filings: 4:19cv49-AW/CAS. (pll) (Entered: 06/28/2019)
07/15/2019 5 ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED – Plaintiffs initiated this case by filing a complaint on January 23, 2019. ECF No. 1 . Since then, there has been no activity in the case. Plaintiffs are directed to show cause no later than 7/29/2019 why this case should not be dismissed. Signed by JUDGE ALLEN C WINSOR on 7/15/2019. (cle) (Entered: 07/15/2019)
07/26/2019 6 NOTICE Summons – Addys Walker by PHILLIP TIMOTHY HOWARD (HOWARD, PHILLIP) (Entered: 07/26/2019)
07/26/2019 7 NOTICE Summons – Defendants by PHILLIP TIMOTHY HOWARD (Attachments: # 1 Gary Brotherton, # 2 GDB Capital, # 3 Gulf Coast Realty, # 4 Galloway Real Estate, # 5 Jeff Galloway, # 6 Jeff Kahn, # 7 Kahn Advisors, # 8 Linda Bedell, # 9 New Edge Mgmt, # 10 Provident) (HOWARD, PHILLIP) (Entered: 07/26/2019)
07/29/2019 8 RESPONSE TO ORDER TO SHOW CAUSE by PHILLIP TIMOTHY HOWARD. (HOWARD, PHILLIP) (Entered: 07/29/2019)
07/30/2019 9 Summons Issued as to LINDA BEDELL, GARY BROTHERTON, JR, JEFFREY STUART GALLOWAY, GDB CAPITAL GROUP LLC, GULF COAST REALTY OF ST GEORGE ISLAND INC, JEFF GALLOWAY REAL ESTATE INC, JEFF KAHN, KAHN ADVISORS, NEW EDGE MANAGEMENT LLC, PROVIDENCE CAPITAL HOLDINGS LLC, and ADDYS THEDRICK WALKER. (Attachments: # 1 SUMMONS, # 2 SUMMONS, # 3 SUMMONS, # 4 SUMMONS, # 5 SUMMONS, # 6 SUMMONS, # 7 SUMMONS, # 8 SUMMONS, # 9 SUMMONS, # 10 SUMMONS) (cle) (Entered: 07/30/2019)
11/08/2019 10 ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED – The 90-day time limit for service has expired with no proof of service having been filed. Accordingly, Plaintiffs shall show cause, if any, no later than seven days from the date of this Order, why this case should not be dismissed for failure to effect service within the specified time limit. Show Cause Response due by 11/15/2019. Signed by JUDGE ALLEN C WINSOR on 11/8/2019. (cle) (Entered: 11/08/2019)
11/15/2019 11 RESPONSE TO ORDER TO SHOW CAUSE by PHILLIP TIMOTHY HOWARD. (HOWARD, PHILLIP) (Entered: 11/15/2019)
11/22/2019 12 ACKNOWLEDGMENT OF SERVICE Executed as to 10 Order,, Set Deadlines, 11 Response to Order to Show Cause Phillip Timothy Howard Acknowledgment filed by PHILLIP TIMOTHY HOWARD. (HOWARD, PHILLIP) (Entered: 11/22/2019)
11/25/2019 13 NOTICE of Appearance by ROBERT SCOTT GERSHMAN on behalf of GARY BROTHERTON, JR (GERSHMAN, ROBERT) (Entered: 11/25/2019)
11/26/2019 14 First MOTION for Extension of Time to File Response/Reply as to 1 Complaint Unopposed by GARY BROTHERTON, JR. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion) (GERSHMAN, ROBERT) (Entered: 11/26/2019)
11/27/2019 15 ORDER GRANTING EXTENSION OF TIME TO RESPOND TO COMPLAINT – re: 14 First MOTION for Extension of Time to File Response. The motion is GRANTED. Moving Defendants’ deadline to respond to the complaint (ECF No. 1 ) is extended to 1/14/2020. Signed by JUDGE ALLEN C WINSOR on 11/27/2019. (cle) (Entered: 11/27/2019)
12/02/2019 16 ORDER DISMISSING CLAIMS AGAINST UNSERVED DEFENDANTS – re: 1 Complaint. This matter is dismissed without prejudice as to all Defendants other than Barry Ryan Chapman, Barry Ryan Chapman Law Firm, GDB Capital Group, LLC, and Gary Donald Brotherton, Jr. Signed by JUDGE ALLEN C WINSOR on 12/2/2019. (cle) (Entered: 12/03/2019)
12/04/2019 17 INITIAL SCHEDULING ORDER – Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 12/18/2019. Rule 26 Meeting Report due by 1/17/2020. Discovery due by 3/31/2020. Signed by JUDGE ALLEN C WINSOR on 12/4/2019. (cle) (Entered: 12/05/2019)
12/10/2019 18 Corporate Disclosure Statement/Certificate of Interested Persons by GDB CAPITAL GROUP LLC. (GERSHMAN, ROBERT) (Entered: 12/10/2019)
12/30/2019 19 First MOTION for Extension of Time to File Response/Reply by BARRY RYAN CHAPMAN. (GRIMLEY, JOHN) (Entered: 12/30/2019)
12/31/2019 20 ORDER GRANTING EXTENSION OF TIME TO RESPOND TO COMPLAINT. Defendant Barry Ryan Chapman has filed a motion for an extension. ECF No. 19 . The motion is GRANTED. Mr. Chapman’s deadline to respond to the complaint (ECF No. 1) is extended to 1/14/2020). Signed by JUDGE ALLEN C WINSOR on 12/31/19. (blb) (Entered: 12/31/2019)
01/10/2020 21 MOTION TO DISMISS PLAINTIFFS’ COMPLAINT by BARRY RYAN CHAPMAN. (GRIMLEY, JOHN) (Internal deadline for referral to judge if response not filed earlier: 1/24/2020).) Modified on 1/13/2020 to amend title of document. (cle) (Entered: 01/10/2020)
01/14/2020 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM To Dismiss Complaint by GDB CAPITAL GROUP LLC. (GERSHMAN, ROBERT) (Entered: 01/14/2020)
01/17/2020 23 Rule 26(f) Planning Meeting Report (docketed as RULE 26 Disclosures) by PHILLIP TIMOTHY HOWARD. (HOWARD, PHILLIP) Modified on 1/21/2020 (tss). (Entered: 01/17/2020)
01/22/2020 24 RULE 26 Disclosures by GARY BROTHERTON, JR, GDB CAPITAL GROUP LLC. (GERSHMAN, ROBERT) (Entered: 01/22/2020)
01/24/2020 25 SCHEDULING AND MEDIATION ORDER signed by JUDGE ALLEN C WINSOR on 1/24/20. Discovery due by 7/22/2020. Dispositive Motions to be filed by 8/12/2020. Mediation Report due by 9/2/2020. Jury Trial set for 12/16/2020 at 08:30 AM in U.S. Courthouse Tallahassee before JUDGE ALLEN C WINSOR. Case referred to mediation. (tss) (Entered: 01/24/2020)
01/28/2020 26 MOTION to Amend/Correct by PHILLIP TIMOTHY HOWARD. (HOWARD, PHILLIP) (Entered: 01/28/2020)
01/29/2020 27 RESPONSE to Motion re 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM To Dismiss Complaint21 MOTION for Disbursement of Funds MOTION to Dismiss Plaintiffs’ Complaint filed by PHILLIP TIMOTHY HOWARD. (HOWARD, PHILLIP) (Entered: 01/29/2020)
01/29/2020 28 ORDER DENYING AS MOOT MOTION TO AMEND – re: 26 MOTION to Amend. A party may file a first amended complaint without leave if they do so within 21 days after service. Because the amended complaint was filed within that time, no motion was needed. So the motion to amend is denied as moot. Plaintiffs should have filed the amended complaint as a standalone document, not as an attachment to the motion. Plaintiffs shall refile the amended complaint as a standalone document within two days of the date of this order, 1/31/2020. Defendants’ motions to dismiss the original complaint (ECF Nos. 21 and 22 ) are denied as moot. Defendants shall respond to the amended complaint within 14 days after Plaintiffs refile their amended complaint as a standalone document, 2/14/2020. Signed by JUDGE ALLEN C WINSOR on 1/29/2020. (cle) (Entered: 01/29/2020)
01/31/2020 29 SECOND AMENDED COMPLAINT against GARY BROTHERTON, JR, BARRY RYAN CHAPMAN, GDB CAPITAL GROUP LLC, filed by PHILLIP TIMOTHY HOWARD. (HOWARD, PHILLIP) (Entered: 01/31/2020)
02/07/2020 30 MOTION to Dismiss 29 Amended Complaint by BARRY RYAN CHAPMAN. (Internal deadline for referral to judge if response not filed earlier: 2/21/2020). (GRIMLEY, JOHN) (Entered: 02/07/2020)
02/11/2020 31 MOTION to Dismiss by GDB CAPITAL GROUP LLC. (Internal deadline for referral to judge if response not filed earlier: 2/25/2020). (GERSHMAN, ROBERT) (Entered: 02/11/2020)
02/14/2020 32 RULE 26 Disclosures by BARRY RYAN CHAPMAN. (GRIMLEY, JOHN) (Entered: 02/14/2020)
02/24/2020 33 RESPONSE in Opposition re 30 MOTION to Dismiss Amended Complaint filed by PHILLIP TIMOTHY HOWARD. (HOWARD, PHILLIP) (Entered: 02/24/2020)
02/26/2020 34 RESPONSE to Motion re 31 MOTION to Dismiss filed by PHILLIP TIMOTHY HOWARD. (HOWARD, PHILLIP) (Entered: 02/26/2020)
04/03/2020 35 ORDER REASSIGNING CASE. Case reassigned to MAGISTRATE JUDGE MARTIN A FITZPATRICK for all further proceedings. MAGISTRATE JUDGE CHARLES A STAMPELOS no longer assigned to case. Signed by CHIEF JUDGE MARK E WALKER on 4/3/2020. (erl)**Please use the new judge’s initials for all future filings: 4:19cv49-AW/MAF. (Entered: 04/06/2020)
05/26/2020 36 NOTICE of Appearance by JERRY LEWIS RUMPH, JR on behalf of JENNIFER HOWARD (RUMPH, JERRY) (Entered: 05/26/2020)
06/19/2020 37 ORDER GRANTING MOTIONS TO DISMISS – The motions to dismiss, ECF Nos. 30 , 31 , are GRANTED. Plaintiffs may file a third amended complaint within 14 days. (7/3/2020). Signed by JUDGE ALLEN C WINSOR on 6/19/2020. (cle) (Entered: 06/19/2020)
07/01/2020 38 THIRD AMENDED COMPLAINT against GARY BROTHERTON, JR, BARRY RYAN CHAPMAN, GDB CAPITAL GROUP LLC, filed by PHILLIP TIMOTHY HOWARD. (HOWARD, PHILLIP) (Entered: 07/01/2020)
07/02/2020 39 Corrected THIRD – Verified AMENDED COMPLAINT against GARY BROTHERTON, JR, BARRY RYAN CHAPMAN, GDB CAPITAL GROUP LLC, filed by PHILLIP TIMOTHY HOWARD. (HOWARD, PHILLIP) (Entered: 07/02/2020)
07/21/2020 40 MOTION to Dismiss Plaintiff’s Third Amended Complaint by BARRY RYAN CHAPMAN. (Internal deadline for referral to judge if response not filed earlier: 8/4/2020). (GRIMLEY, JOHN) (Entered: 07/21/2020)
07/24/2020 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by GARY BROTHERTON, JR, GDB CAPITAL GROUP LLC. (GERSHMAN, ROBERT) (Entered: 07/24/2020)
08/06/2020 42 RESPONSE in Opposition re 21 MOTION for Disbursement of Funds MOTION to Dismiss Plaintiffs’ Complaint filed by PHILLIP TIMOTHY HOWARD. (HOWARD, PHILLIP) (Entered: 08/06/2020)
08/11/2020 43 MOTION to Compel by GARY BROTHERTON, JR. (GERSHMAN, ROBERT) (Entered: 08/11/2020)
08/12/2020 44 MOTION to Compel Discovery by GARY BROTHERTON, JR. (GERSHMAN, ROBERT) (Entered: 08/12/2020)
08/12/2020 45 RESPONSE to Motion re 43 MOTION to Compel 44 MOTION to Compel Discovery filed by PHILLIP TIMOTHY HOWARD. (HOWARD, PHILLIP) (Entered: 08/12/2020)
08/25/2020 46 MOTION for Extension of Time to Complete Discovery by PHILLIP TIMOTHY HOWARD. (HOWARD, PHILLIP) (Entered: 08/25/2020)
08/25/2020 47 ORDER REGARDING DISCOVERY MOTIONS signed by JUDGE ALLEN C WINSOR on 8/24/20. The parties must promptly confer in person, by phone, or by videoconference (i.e., not merely in writing) on any outstanding discovery issues, including the fee request. No later than 8/31/2020, movants must file a notice indicating what, if any, issues remain. The clerk will set a telephonic hearing for September 2 or later. The clerk will also terminate 43 MOTION to Compel which the later filing 44 MOTION to Compel is deemed to have superseded. (tss) (Entered: 08/25/2020)
08/25/2020 48 NOTICE by JENNIFER HOWARD re 1 Complaint (RUMPH, JERRY) (Entered: 08/25/2020)
08/31/2020 49 STATUS REPORT by PHILLIP TIMOTHY HOWARD. (HOWARD, PHILLIP) (Entered: 08/31/2020)
09/01/2020 50 NOTICE of Proposal for Settlement – Mediation Dates by PHILLIP TIMOTHY HOWARD (HOWARD, PHILLIP) (Entered: 09/01/2020)
09/14/2020 51 NOTICE of Filing Answers to Discovery by PHILLIP TIMOTHY HOWARD (HOWARD, PHILLIP) (Entered: 09/14/2020)
10/05/2020 52 NOTICE of Appearance by CECILY MARIE PARKER on behalf of DOUGLAS JOHN DEHAAN, GAYLE H DEHAAN (PARKER, CECILY) (Entered: 10/05/2020)
10/05/2020 53 MOTION to Intervene by DOUGLAS JOHN DEHAAN, GAYLE H DEHAAN. (Attachments: # 1 Exhibit DeHaan Answer to Complaint, Counterclaim, and Crossclaim) (PARKER, CECILY) (Entered: 10/05/2020)
12/02/2020 54 ORDER REMOVING CASE FROM TRIAL CALENDAR AND ORDERING PHILLIP HOWARD TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED signed by JUDGE ALLEN C WINSOR on 12/2/20. Show Cause Response due by 12/12/2020. Mr. Howard is ordered to show cause as to why the case should not be dismissed or why some other sanction should not be imposedfor violating Rule 11. He must file his response within 10 days (12/12/2020) of the date of this order. The case is removed from the trial calendar. The trial will be reset later if necessary. (tss) (Entered: 12/02/2020)
12/11/2020 55 RESPONSE TO ORDER TO SHOW CAUSE by PHILLIP TIMOTHY HOWARD. (HOWARD, PHILLIP) (Entered: 12/11/2020)
03/29/2021 56 OMNIBUS ORDER signed by JUDGE ALLEN C WINSOR on 3/29/21. The issue of sanctions is DEFERRED. The 38 Third Amended Complaint and the 39 Corrected Third Amended Complaint are STRICKEN. 40 and 41 Motions to Dismiss are DENIED as moot. The 53 motion to intervene is DENIED without prejudice. The 46 motion to amend the litigation schedule is DENIED without prejudice. The 44 motion to compel is DENIED without prejudice. Plaintiff may file a Fourth Amended Complaint no later than 4/12/2021. The clerk will set this matter for a hearing at the United States Courthouse in Tallahassee for May 17, 2021 at 8:30 a.m. (tss) (Entered: 03/30/2021)
03/30/2021 57 NOTICE OF HEARINGScheduling Conference, Motion and Sanctions Hearing set for 5/17/2021 at 08:30 AM in U.S. Courthouse Tallahassee before JUDGE ALLEN C WINSOR.Per Administrative Order, to protect the health and safety of all occupants, all persons who enter any courthouse within the Northern District of Florida are required to practice social distancing measures and to wear face masks or other face coverings that cover the person’s nose and mouth while in any public or common area within the facility.Face masks are required in the Courtroom.Note: If you or any party, witness or attorney in this matter has a disability that requires special accommodations, such as a hearing impairment that requires a sign-language interpreter or a wheelchair restriction that requires ramp access, please contact the Clerk’s Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made.
s/TiAnn Stark
Courtroom Deputy Clerk to the Honorable Allen Winsor (tss) (Entered: 03/30/2021)
04/13/2021 58 MOTION to Dismiss by GARY BROTHERTON, JR. (Internal deadline for referral to judge if response not filed earlier: 4/27/2021). (GERSHMAN, ROBERT) (Entered: 04/13/2021)
04/21/2021 59 ORDER TO SHOW CAUSE – re: 56 OMNIBUS ORDER. The court will dismiss this case without prejudice for failure to prosecute unless, by 4/27/2021, Plaintiff Phillip Howard shows cause why the court should not. Signed by JUDGE ALLEN C WINSOR on 4/21/2021. (cle) (Entered: 04/21/2021)
04/27/2021 60 VERIFIED FOURTH AMENDED COMPLAINT (HOWARD, PHILLIP) Modified to edit title on 4/28/2021 (rcb). (Entered: 04/27/2021)
04/27/2021 61 RESPONSE TO ORDER TO SHOW CAUSE. (HOWARD, PHILLIP) Modified to edit title on 4/28/2021 (rcb). (Entered: 04/27/2021)
05/04/2021 62 MOTION for Extension of Time to File Response/Reply Unopposed by GARY BROTHERTON, JR. (Attachments: # 1 Text of Proposed Order) (GERSHMAN, ROBERT) (Entered: 05/04/2021)
05/07/2021 63 Second MOTION to Intervene by DOUGLAS JOHN DEHAAN, GAYLE H DEHAAN. (PARKER, CECILY) (Entered: 05/07/2021)
05/10/2021 64 NOTICE OF RESCHEDULED HEARINGScheduling Conference, Motion and Sanctions Hearing reset for 6/28/2021 at 01:00 PM in U.S. Courthouse Tallahassee before JUDGE ALLEN C WINSOR.Per Administrative Order, face masks must be worn in any public or common area within the courthouse.Note: If you or any party, witness or attorney in this matter has a disability that requires special accommodations, such as a hearing impairment that requires a sign-language interpreter or a wheelchair restriction that requires ramp access, please contact the Clerk’s Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made.
s/TiAnn Stark
Courtroom Deputy Clerk to the Honorable Allen Winsor (tss) (Entered: 05/10/2021)
05/10/2021 65 MOTION for Extension of Time to File Answer re 60 Amended Complaint by BARRY RYAN CHAPMAN. (GRIMLEY, JOHN) (Entered: 05/10/2021)
05/11/2021 66 ORDER REGARDING 60 COMPLAINT. The motions for extensions of time to respond (ECF Nos 62 , 65 ) are DENIED as moot. Signed by JUDGE ALLEN C WINSOR on 05/11/2021. (rcb) (Entered: 05/11/2021)
06/28/2021 67 Minute Entry for proceedings held before JUDGE ALLEN C WINSOR:Status Conference and Motion Hearing held on 6/28/2021 – written order to follow (Court Reporter Lisa Snyder (USDC-Tallahassee)) (tss) (Entered: 06/28/2021)
07/06/2021 68 ORDER. Defendants have until 7/23/2021 to file additional memoranda or materials relating to the sanctions issue. If they do so, Howard will have 14 days (8/6/2021) to respond. The motion to intervene (ECF No. 63 ) is DENIED as moot. Signed by JUDGE ALLEN C WINSOR on 07/06/2021. (rcb) (Entered: 07/06/2021)
07/10/2021 69 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Scheduling and Motion Hearing held on 6/28/2021, before Judge Allen Winsor. Court Reporter/Transcriber Lisa Snyder, Telephone number 8505671374. Tape Number: lisasnydercr@gmail.com.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

 

Redaction Request due 7/19/2021. Release of Transcript Restriction set for 10/15/2021. (ls) (Entered: 07/10/2021)

07/22/2021 70 MEMORANDUM in Support re 21 MOTION for Disbursement of Funds MOTION to Dismiss Plaintiffs’ Complaint filed by BARRY RYAN CHAPMAN. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (GRIMLEY, JOHN) (Entered: 07/22/2021)
07/22/2021 71 MOTION for Sanctions and Submission of Supporting Materials by Defendants GDB Capital Group, LLC and Gary Donald Brotherton, Jr. by GARY BROTHERTON, JR. (GERSHMAN, ROBERT) (Entered: 07/22/2021)
08/06/2021 72 RESPONSE TO 68 ORDER TO SHOW CAUSE by PHILLIP TIMOTHY HOWARD. (HOWARD, PHILLIP) Modified on 8/10/2021 to link to the Order. (kjw) (Entered: 08/06/2021)
08/09/2021 73 RESPONSE in Opposition re 71 MOTION for Sanctions and Submission of Supporting Materials by Defendants GDB Capital Group, LLC and Gary Donald Brotherton, Jr. filed by BARRY RYAN CHAPMAN. (GRIMLEY, JOHN) (Entered: 08/09/2021)
08/13/2021 74 NOTICE by PHILLIP TIMOTHY HOWARD (HOWARD, PHILLIP) (Entered: 08/13/2021)
11/02/2021 75 NOTICE of Filing Affidavit by PHILLIP TIMOTHY HOWARD (HOWARD, PHILLIP) (Entered: 11/02/2021)
03/30/2022 76 ORDER GRANTING 72 DISMISSAL WITHOUT PREJUDICE AND AWARDING FEES. Howard must pay the attorney’s fees and costs incurred by the remaining defendants in preparing and filing, ECF Nos. [40, 41, 58, 67, 70, 71, and 73]. The parties must confer regarding the amount of fees to be awarded and file a joint notice no later than April 8, 2022 indicating whether they have agreed as to the amount. The clerk will enter a judgment that says, “This case is dismissed without prejudice under Rule 41(a)(2).” Defendant’s motions to dismiss with prejudice, ECF Nos. 58 , 71 are DENIED. The court will retain jurisdiction to enter judgment on the Rule 11 and 28 U.S.C. § 1927 sanctions. The clerk will administratively close the file. Signed by JUDGE ALLEN C WINSOR on 3/30/2022. (atm) Modified on 4/1/2022 (bkp). (Entered: 03/30/2022)
03/30/2022 77 CLERK’S JUDGMENT re 76 ORDER GRANTING DISMISSAL WITHOUT PREJUDICE AND AWARDING FEES (atm) (Entered: 03/30/2022)
04/07/2022 78 Joint MOTION for Sanctions Notice of Agreement on the Amount of Sanctions Awardable Against Plaintiff to Defendants by GARY BROTHERTON, JR. (GERSHMAN, ROBERT) (Entered: 04/07/2022)
04/08/2022 79 ORDER CONFIRMING FEE AWARD re 78 Joint MOTION for Sanctions Notice of Agreement on the Amount of Sanctions Awardable Against Plaintiff to Defendants filed by GARY BROTHERTON, JR. The fee amount appropriate in light of the courts order awarding fees (ECF No. 76 ). Howard must pay $17,000 to Defendants GDB Capital Group, LLC and Gary Donald Brotherton and $6,900 to Barry Ryan Chapman within 30 days. Any party may file a notice of complianceor noncompliancewith this order signed by JUDGE ALLEN C WINSOR on 4/8/22. (bkp) (Entered: 04/08/2022)
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