Fake Documents
The Millionaire Beach Bum Series: Two Rogue Lawyers $3 Million Dollar Investor Scam
A law partnership collapses around a combined six million dollar+ embezzlement. Yet only one lawyer is being held accountable.
THE MILLIONAIRE BEACH BUM SERIES
ALPEZ’s FOUNDER SURVIVED AUSCHWITZ, YET HIS COMPANY WOULD BE DEFRAUDED OF MILLIONS OF DOLLARS BY HIS OWN.
Two Florida lawyers created a law partnership. They would conspire to steal millions of investors dollars by duping a trusted connection, Alex Alevy of Alpez, Chile, who knew Jordan’s wife, Natalie Goldstein.
Those two lawyers are Jordan Weinkle and Brian Abergel who abused their status as lawyers to defraud and steal over $3 million dollars from Alpez. Later, in a separate incident, Jordan Weinkle would be suspended and then disbarred by the Florida Bar for stealing more money.
However, Brian Abergel has tried to wash his hands of any wrongdoing and moved quietly to a new law firm, Beachside Legal Services. Currently, Abergel is ‘in good standing’ with the Bar, despite the missing millions.
Questionably, neither is facing criminal prosecution – well, none that we are aware of…
As such, LIF decided to investigate the two lawyers. We begin with the lawsuit filed by Alpez, which goes into great detail about the dastardly scheme and resulting theft of millions of dollars, relying upon personal meetings and assurances given by these two rogue lawyers.
THE MILLIONAIRE BEACH BUM SERIES
LIF Reached Out to Florida Lawyer Brian Abergel at his Work Email. No Response Has Been Received.
Wed., 23 Feb., 2022 at 11.04 am CST.
To: babergel@beachsidelegal.com
ALPEZ AND PLANARIA LITIGATION
Top of the morn’ to you.
We’re a non-profit which focuses on highlighting legal corruption.
Your name, Brian J. Abergel, bounced off the page after we reviewed your co-conspirator Jordan G. Weinkle and former law partner’s surrender of his law license (per Florida Bar’s disciplinary list).
We were rather surprised, after our own detailed investigation to note that you have managed to avoid a similar fate.
As such, we thought we would ask for your comments, if any, before we publish our article on lawsinflorida.com as to why we strongly believe the allegations and evidence supports the fact you should be disbarred and also criminally indicted.
This would be in relation to;
- The $3.4 million dollars+ judgment that Alex Alevy of Alpez is currently and unsuccessfully trying to collect on,
- The $3 million dollars (excl. the $5.1m mortgage) which disappeared from the firm’s trust account after the $5m wire from Planaria for the two condemned and dangerous commercial properties securing the loan(s), e.g. the Bay Harbor properties which you defended while under foreclosure.
Certainly, we understand that the Alpez judgment by Judge Hanzman names only Weinkle as liable, but we see that as err. WA law firm was a joint enterprise and you should be held accountable.
“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 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.” – Alpez complaint.
Alex Alevy of Alpez’s complaint states and restates many times that you and Weinkle were co-conspirators. The fact your friend and business partner is perhaps willing to throw himself onto the sword is not availing, as that is not how the law should operate.
Please note, we are based in Texas and not familiar with the Miami social scene, but we’ve taken a keen interest in the close knit community from which y’all operate and perceive that maybe part of the underlying reason for the suppression of publicity surrounding this case to date by the judiciary, the Florida Bar and local media. Fortunately, as independent journalists, we are not curtailed by any such limitations.
If you wish to rebut or comment on any of the facts we allege here – based on the incriminating evidence before us – please reply to this email by return.
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.
Alpez is a family business officially established by Elie Alevy in 1973. Its foundations date back to the 1950’s when Elie founded his first company, the Swiss embroidery factory RONIS.
Alpez has specialized in the development, construction, marketing and leasing of real estate assets both in Chile and in Barcelona, Spain.
Pioneers in the construction of large commercial areas, the family has become a relevant player in the Chilean real estate industry.
In 2015 and after a generational change, Alpez became the Alevy’s family investment arm and Family Office, diversifying its investment portfolio and began to work with a new strategy but following the historic philosophy of its founder.
JURISDICTION AND THE PARTIES
1. This is an action for money damages in excess of $30,000.00, exclusive of attorneys’ fees, interest, and costs.
2. Alex is a Chilean national and resident who entered into multiple real estate transactions with the Defendants, which are the subject of this action.
3. Alpez is a foreign real estate investment company that exists under the laws of Chile, whose address and principal place of business is Av. Las Condes 7700 Oficina 403, Las Condes, Santiago, Chile 7560380 CL. At all times relevant to this action, Alex acted as the authorized representative of Alpez with respect to the allegations in this Complaint.
4. Weinkle is a Florida resident and an attorney admitted to practice under the Florida Bar.
As reported to the Florida Bar, Weinkle currently practices at the law firm of Weinkle Legal Group PLLC, with an address at 1688 Meridian Ave, Suite 440, Miami Beach, Florida 33139.
Weinkle previously practiced and was one of two partners at the Law Firm.
5. Abergel is a Florida resident and an attorney admitted to practice under the Florida Bar.
As reported to the Florida Bar, Abergel currently practices at the law firm of Abergel Law Group, PLLC, with an address at 100 SE 2nd St., Suite 2000, Miami, Florida 33131.
Abergel previously practiced and was one of two partners at the Law Firm.
6. The Law Firm existed as a professional limited liability company under the laws of the State of Florida, located at 605 Lincoln Road, Suite 250, Miami Beach, Florida 33139.
Weinkle and Abergel founded the Law Firm on or about May 24, 2017.
Per the records of the Florida Secretary of State, Weinkle and Abergel both served as co-Managers and co-Registered Agents of the Law Firm at all times relevant to this action.
7. Venue is proper in Miami-Dade County in that all of the subject real estate transactions took place in Miami-Dade County, Florida, all of the individual defendants reside in Miami-Dade County, Florida, and all of the wrongful acts of Defendants occurred, and the causes of action alleged herein accrued, in Miami-Dade County, Florida.
8. All conditions precedent to the institution of this action have been performed, have occurred, are satisfied, or have otherwise been waived.
GENERAL ALLEGATIONS
9. This case involves standing members of the Florida Bar, Weinkle and Abergel, abusing their status and privileges as attorneys to induce Alpez as their client, via multiple negligent and fraudulent misrepresentations, into providing them with almost $3 million to invest in real estate transactions under false pretenses in which Weinkle and Abergel were also investors.
10. During the course of their legal representation of Alpez, Weinkle, Abergel and the Law Firm utterly failed to meet the minimum standard of care reasonably expected from Florida lawyers in representing a client in a Florida real estate investment.
In addition, Weinkle, Abergel and the Law Firm failed to comply with Rule 4-1.8 of the Florida Rules of Professional Conduct by failing to make the required disclosures under the rule to Alpez and by failing to obtain informed written consent from Alpez prior to entering into a real estate investment with Alpez.
11. Before, during and after the real estate transactions, Weinkle and Abergel made multiple knowing and intentional misrepresentations to Alex regarding the funding and structure of Alpez’s real estate investment, its status, the preservation and status of the underlying real estate, and the ability and likelihood of Alpez to receive a return on its investment.
12. Further, after Alpez refused to stop requesting information and documentation regarding its almost $3 million investment, Weinkle and Abergel ultimately cut off their client completely, refused to provide any accurate updates on the status of their client’s sizable investment, and ultimately abandoned their client without explanation or returning any of the investment funds they had illicitly coaxed out of their client.
A. Weinkle First Meets Alex and Gains His Trust
13. The client at the center of Weinkle and Abergel’s scheme was Alpez SpA (“Alpez”), as represented by Alex. Alex is a Chilean national and real estate investor, who makes real estate investments for himself and on behalf of his family and their investment company, Alpez.
14. Alex first came to know Weinkle in 2008, via Weinkle’s girlfriend at the time, Natalie Goldstein, who was a school friend of Alex’s. Weinkle eventually married Miss Goldstein, and Alex was also acquainted with Weinkle’s father-in-law, Daniel Goldstein (“Goldstein”).
In Alex’s initial discussions with Weinkle, Weinkle represented himself to Alex as a Florida attorney with his own law practice who could easily direct and complete lucrative real estate investment transactions for him in South Florida.
15. In April, 2018, Weinkle met with Alex and relayed to Alex that he was working on a series of real estate investments that Alex might be interested in participating in.
16. After this April 2018 discussion, Weinkle reached out to Alex via email on May 15, 2018, seeking Alpez’s participation as an investor in a real estate purchase that Weinkle was putting together (the “Tamarind Investment”). The Tamarind Investment involved the purchase of a multifamily property located in West Palm Beach, Florida. Weinkle requested that Alpez provide him with $161,000.00 in order to participate as an investor in the transaction.
17. It was Alex’s understanding, based on Weinkle’s representations, that Weinkle would also serve as Alpez’s attorney in connection with the Tamarind Investment (in addition to Weinkle’s status as the manager of the investment). In fact, in the email between Alex and Weinkle after May 15, 2018, Weinkle provided Alex with detailed legal guidance regarding the best structure for the transaction and Alpez’s investment therein, as well as the tax consequences to Alpez of the potential investment.
Natalie Goldstein Weinkle was a school friend of Alex Alevy, the investor.
18. On May 24, 2018, based upon Weinkle’s specific representations about the investment deal and Weinkle’s status as Alpez’s attorney, Alex ultimately agreed that Alpez would participate in the Tamarind Investment and provided the $161,000.00 to Weinkle.
19. Importantly, from May 2018 forward, Alex reasonably considered Weinkle and the Law Firm to be acting as his and Alpez’s attorney, with all of the duties, obligations and protections that come with an attorney-client relationship.
20. Alpez’s involvement in the Tamarind Investment was completed on or about August 24, 2018, when Weinkle wired Alpez $319,000.00, a sum that translated into a 100% return on Alpez’s original $161,000.00 investment.
B. Weinkle and Abergel Present Alex with Bay Harbor Properties Investment “Opportunity”
21. Having earned Alex’s trust through the Tamarind Investment, Weinkle and Abergel now conspired to induce Alpez into investing a significantly larger sum with them in connection with another real estate transaction.
In fact, in an August 2018 email, Weinkle described this new opportunity with Alex, to which Alex responded that Alpez could not invest further with Weinkle until Alpez received a return of the Tamarind Investment.
Shortly thereafter, Weinkle liquidated the Tamarind Investment and paid Alpez its initial investment and a sizable profit.
22. Towards the end of August, 2018, Weinkle informed Alex about a potentially profitable real estate investment opportunity in connection with two properties in Bay Harbor Islands, Florida (the “Bay Harbor Properties”).
Weinkle represented to Alex that they could purchase one of the Bay Harbor Properties for $5.8 million, that Weinkle would invest $3,000,000.00 of his own money if Alex contributed a minimum of $1,000,000.00 through Alpez.
23. As a result of Weinkle’s representations about a potential investment opportunity with the Bay Harbor Properties, Alex traveled from Chile to Miami, Florida in October 2018.
The purpose of the trip was to meet with Weinkle, learn more about Weinkle’s real estate investment operations, and meet Weinkle’s partner, Abergel.
24. During this trip, Weinkle introduced Alex to Abergel and provided Alex with further information regarding the Law Firm’s operations and real estate investment activities. Weinkle also took Alex to visit the Bay Harbor Properties, which consisted of two residential, multi-family apartment complexes.
C. Weinkle and Abergel’s False and Fraudulent Representations to Alex Concerning the Bay Harbor One Investment
25. On October 2, 2018, Weinkle emailed to Alex a formal prospectus for the purchase and acquisition of one of the Bay Harbor Properties (“Bay Harbor One”), and proposed that Alpez participate as an investor in the transaction.
Bay Harbor One is located at 1080 93rd Street, Bay Harbor Islands, FL 33154, and contains 24 apartment units.
In the October 2nd email, Weinkle proposed to Alex that Alpez and Weinkle purchase Bay Harbor One, along with Abergel, hold the property for a year while they remodeled the building and units, and thereafter take out a refinance loan on the property that would be used to pay back Alex’s initial investment.
26. Weinkle followed up the October 2nd email with another email to Alex on October 16, 2018, copying Abergel, in which Weinkle represented to Alex that Weinkle and Abergel had secured an oral acceptance for their offer to purchase Bay Harbor One from Bay Harbor One’s owner.
Weinkle represented to Alex that the orally-agreed price for Bay Harbor One was $5,400,000.00 and that the closing for the acquisition would be before November 1, 2018.
Marrisa Carvajal was part of the social scene and would become part of the WA team, including a questionable notary public stamp with her signature on one of the exhibits in this complaint.
27. On October 22, 2018, Weinkle represented to Alex via email that the confirmed purchase price for Bay Harbor One was $5,300,000, and that the total acquisition cost would be $5,700,000.
28. In this October 22nd email, Weinkle also proposed to Alex that Bay Harbor One would be purchased according to the following funding breakdown:
• 60% of the acquisition cost to be paid by A-Frame Investments LLC (“A-Frame”), an entity ultimately owned by Weinkle and Abergel as equal 50% partners;
• 40% of the acquisition cost to be paid by Alpez;
• 10% of the acquisition cost to be paid by MYD Investments, an entity owned by Yoni Ramras (“Ramras”), an associate of Weinkle.
From Weinkle’s representations, Alex understood that the above-described funding percentages would also reflect the breakdown of ownership interests in Bay Harbor One after it was acquired
– i.e. Alpez would have a 40% direct ownership interest in Bay Harbor One after the acquisition.
29. Weinkle also represented to Alex in the October 22nd email that the management of Bay Harbor One after the acquisition would be performed by Weinkle himself, through a management company called Tavor Management (“Tavor”), which was formed by Weinkle and Abergel on October 11, 2018.
At all relevant times, the Law Firm was the listed registered agent for Tavor.
30. Lastly, Weinkle represented to Alex in the October 22nd email that Weinkle and the Law Firm would serve as Alpez’s lawyer in setting up a U.S. corporate entity through which Alpez would participate in, and hold its interest in, the Bay Harbor One investment deal – i.e. drafting the necessary corporate documentation to create and set up an affiliate of Alpez in the United States.
31. On October 27, 2018, Weinkle represented to Alex that the final acquisition cost for Bay Harbor One was $5,751,780.54, and that Alpez’s funding share was $2,300,721.22.
Weinkle also told Alex that Bay Harbor One would need an additional $250,000.00 for the remodel, and that Alpez’s share of that amount was $100,000 – for a total required investment by Alpez of $2,400,721.22.
Importantly, in this October 27th email, Weinkle represented to Alex that Weinkle, Abergel and Ramras had already funded their portions of the total acquisition cost.
As such, Weinkle represented to Alex that the investment in Bay Harbor One would result in the acquisition of Bay Harbor One on an unencumbered basis, with all of the investors fully funding their respective shares without the need for any outside financing or assumption of existing secured debt to acquire the property.
32. In the October 27, 2018 email, Weinkle also confirmed that Weinkle and Abergel – as lawyers for Alpez – had drafted the necessary documents and completed the required registration for Alpez Holdings, LLC (“Alpez Holdings”), the U.S. entity through which Alpez could participate in the Bay Harbor One transaction.
That was false.
The truth is that Alpez Holdings was not registered with the Florida Secretary of State by Weinkle until November 6, 2018.
33. Lastly, Weinkle reported to Alex in the October 27th email that Weinkle and Abergel had also drafted the corporate documentation for the entity that would actually purchase and acquire title to Bay Harbor One, The Forum Residences, LLC (“Forum”).
34. In reliance on the multiple representations by Weinkle and Abergel regarding the funding, structure and outcome of the Bay Harbor One transaction, especially the fact that Alpez would be acquiring a 40% ownership interest in the unencumbered Bay Harbor One property, Alex agreed to provide Weinkle with the $2,400,721.22 necessary for Alpez’s acquisition of a 40% interest in Bay Harbor One.
35. On October 30, 2018, Alpez wired $320,721.22 to the Trust Account of the Law Firm, and then on November 5, 2018, Alpez wire transferred another $2,080,000.00 to the same trust account..
36. On November 6, 2018, Weinkle confirmed receipt of Alpez’s $2,400,721.22 wire transfer via email. In this same November 6th email, Weinkle provided Alex with the Articles of Incorporation for Alpez Holdings that were drafted by Weinkle and Abergel, as well as a screenshot for the bank account and Operating Agreement of Forum – the formal name of which had been changed by Weinkle to The Forum At Bay Harbor, LLC.
These two were not great at selecting investments, the two condo’s subject to this lawsuit would be condemned and closed down after the collapse of a nearby condo, killing many residents.
D. The Fake Closing Documents
37. On November 17, 2018, Weinkle provided Alex with what he falsely purported to be the final closing documents for the purchase of Bay Harbor One via email, reflecting a final purchase price of $5,300,000.00 and confirming that the purchase had taken place on November 7, 2018 (the “Fake Closing Documents”).
A true and correct copy of the Fake Closing Documents are attached hereto as Composite Exhibit A.
The Fake Closing Documents also stated that the Law Firm had served as the Settlement Agent for the transaction.
38. The Fake Closing Documents provided by Weinkle and Abergel to Alex included a purported Settlement Statement reflecting that the seller of Bay Harbor One was an entity by the name of Bal Harbor Investments LLC (“BHI”), represented by a managing member named Jack Saljanin (“Saljanin”).
The Settlement Statement also reflected that the purchaser of Bay Harbor One was Forum, represented by Weinkle.
39. The Fake Closing Documents also included a purported Warranty Deed granted from BHI to Forum, attesting that BHI fully warranted the title to Bay Harbor One that was being conveyed to Forum. To date, upon information and belief, this Warranty Deed has not been recorded in the public records.
40. Lastly, the Fake Closing Documents included a representation that Old Republic National Title Insurance Company would be issuing an owner’s title insurance policy on the Bay Harbor One property, which upon information and belief was not issued.
41. Accordingly, as of November 17, 2018, Alex believed that Alpez owned a 40% interest in The Forum At Bay Harbor, LLC, which in turn owned Bay Harbor One on an unencumbered basis.
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.
E. The Truth About the Bay Harbor One Investment
42. Almost all of what Weinkle and Abergel had represented to Alex regarding the Bay Harbor One investment and purchase transaction was knowingly and intentionally false – including all of the documents in the Fake Closing Documents package.
43. Unknown to Alex and Alpez, Weinkle first approached the owners of both the Bal Harbor Properties, Nua Shala (“Shala”) and Jack Saljanin (“Saljanin”) in November 2018, offering to provide Shala and Saljanin with a $500,000 refinance loan – not an offer to purchase Bay Harbor One outright as Weinkle and Abergel had falsely represented to Alex.
Shala and Saljanin owned the Bay Harbor Properties via their holding entity Bal Harbor Investments LLC (“BHI”).
44. Upon information and belief, Shala and Saljanin sought to refinance an existing loan to be secured by a second mortgage on Bay Harbor One, in order to raise funds to pay off a delinquent mortgage that was on a family property in New York owned by Shala and Saljanin.
45. Shala and Saljanin accepted Weinkle’s loan offer, and Weinkle wired the $500,000.00 in loan funds to Shala and Saljanin in early December, 2018.
Upon information and belief, this $500,000.00 came from Alpez’s $2,400,721.22 investment, a fact Weinkle did not disclose to Alex. After wiring the $500,000.00 in loan funds, Weinkle and/or Abergel drafted and prepared a Second Note, Mortgage and Loan Agreement that was presented to Shala and Saljanin.
46. However, Weinkle did not actually just want to provide a refinance loan to Shala and Saljanin.
Weinkle also presented them with a Master Lease Agreement, under which Weinkle would lease and manage both of the Bay Harbor Properties, as well as extend a credit line of $100,000.00 at 8% interest.
In exchange, Weinkle proposed that he would lease the Bay Harbor Properties via Forum, at a rate of $25,000.00 per month for ten (10) years with 5% yearly increases to the rent.
47. Again, Weinkle and Abergel never told Alex anything about a lease transaction with respect to Bay Harbor One.
In fact, as previously described, Weinkle and Abergel had fraudulently misrepresented to Alex that Alpez Holdings was already an indirect 40% owner of Bay Harbor One, when instead at the same time Weinkle was in the process of negotiating with Shala and Saljanin to lease Bay Harbor One from BHI.
48. On December 12, 2018, almost a month after Weinkle and Abergel had provided the Fake Closing Documents to Alex and represented that Alpez Holdings now indirectly owned 40% of Bay Harbor One, Weinkle induced Shala and Saljanin to execute the Master Lease Agreement that Weinkle had prepared.
Simultaneously on December 12, 2018, Shala and Saljanin executed and delivered a Second Note and Mortgage to Weinkle via Tavor – the management company that Weinkle had represented to Alex was formed in order to manage Bay Harbor One after its acquisition by Alpez, Weinkle, Abergel and Ramras.
True and correct copies of the Master Lease Agreement and Second Note and Mortgage are attached hereto as Composite Exhibit B.
49. One of the documents signed by Shala and Saljanin on December 18, 2019 was a Purchase Membership Agreement – which transferred 100% of the ownership of BHI to Forum, allowing Weinkle to remove Shala and Saljanin as members and managers of BHI.
In effect, Shala and Saljanin sold their ownership interests in BHI – the entity which owned the Bay Harbor Properties – to Weinkle.
A true and correct copy of the Purchase Membership Agreement is attached hereto as Exhibit C.
50. Most importantly for Alex and Alpez, Shala and Saljanin, as the owners of BHI, did not close on the sale of the Bay Harbor Properties or execute any deeds of sale relating to either of the Bay Harbor Properties.
They never signed any of the sale documents that were presented to Alex and Alpez as part of the Fake Closing Documents package.
51. The final outcome of Weinkle’s fraudulent conduct was that Alpez ended up owning a 40% interest in the sole member of BHI – instead of a 40% direct interest in an entity owning an unencumbered Bay Harbor One.
F. Weinkle and Abergel’s False and Fraudulent Representations to Alex Concerning the Bay Harbor Two Investment
52. 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”).
Bay Harbor Two is located at 1060 95th Street, Bay Harbor Islands, Florida 33154, and contains 8 apartment units.
All of these representations by Weinkle were knowingly and intentionally false, as Alpez, Weinkle and Abergel already effectively owned Bay Harbor Two via their indirect ownership of BHI at the time of this email – due to Weinkle’s previously-described transaction with Shala and Saljanin.
53. 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.
54. On February 23, 2019, Weinkle sent an email to Alex regarding an update on Bay Harbor One, stating that the current plan was to renovate Bay Harbor One by converting its 1- bedroom apartments into 2-bedroom apartments and its 2-bedroom apartments into 3-bedroom apartments.
Weinkle intentionally misrepresented to Alex that Weinkle would be taking out a loan on Bay Harbor One in order to pay for these re-modeling efforts.
Importantly, Weinkle misrepresented to Alex that Bay Harbor One was an unencumbered property at the time Weinkle would be taking out this loan for remodeling efforts.
The two condo investment properties in Bay Harbor, Miami, Florida would be shut down and tenants removed within a day of each other.
55. In actuality, Weinkle was never pursuing construction financing for remodeling work on Bay Harbor One.
Instead, at the time of his misrepresentations to Alex regarding Weinkle’s efforts to close a loan on Bay Harbor One for remodeling work, Weinkle was actually trying to secure a loan on Bay Harbor One that would pay off the existing debt on both of the Bay Harbor Properties – existing debt that Weinkle had purposely hidden from Alex.
56. In his February 23rd email, Weinkle also advised Alex that the way to acquire Bay Harbor Two would not be to purchase it outright, but instead to purchase the company that currently owned Bay Harbor Two – BHI (the same company that Alex believed had sold Bay Harbor One to Alpez Holdings, Weinkle, Abergel and Ramras, and which was in truth already owned by Weinkle, Alpez Holdings, Ramras and Abergel at the time of this misrepresentation).
57. On February 26, 2019, Weinkle took out a $5.1 million refinance loan from Avatar Capital Finance, LLC, secured by the Bay Harbor Properties, with BHI as the borrower (the “Avatar Loan”).
As previously described, Alex was lead to believe by Weinkle that Weinkle was working on getting a loan on Bay Harbor One for remodeling work.
Instead, the Avatar Loan was a refinancing loan used to pay off the existing secured debt on both the Bay Harbor Properties that had been intentionally hidden from Alex by Weinkle.
58. On February 27, 2019, Weinkle told Alex via email that Alex’s portion of the total acquisition cost for Bay Harbor Two was $540,400.00.
Shortly thereafter, also on February 27, 2019, Abergel sent an email to Alex with the details necessary to facilitate the wire transfer of the requested $540,400.00 into the trust account of the Law Firm.
All of these representations by Weinkle were intentional and knowing falsehoods, as evidenced by the previously-described transaction by Weinkle with Shala and Saljanin.
59. Based upon the oral and written representations of Weinkle and Abergel regarding the purchase, funding and structure of Bay Harbor Two, specifically that Alpez Holdings would be acquiring an indirect ownership interest in Bay Harbor Two through its $540,400.00 investment, Alex caused Alpez to wire transfer the requested funds to Weinkle, Abergel and the Law Firm.
60. 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.
Accordingly, as of March 6, 2019, Alex believed Alpez Holdings had now acquired a 40% ownership interest in Bay Harbor Two, also on an unencumbered basis.
61. As previously established, this was an entirely fraudulent transaction.
In actuality, Alpez Holdings already owned a 40% interest in Bay Harbor Two at the time of this wire transfer due to its indirect ownership interest in BHI.
Upon information and belief, and without Alex’s knowledge, Weinkle used the $540,400.00 from Alpez to pay the borrower’s closing costs associated with the Avatar Loan.
62. Together with its initial investment for Bay Harbor One of $2,400,721.22, Alpez had now funded and paid Weinkle and Abergel a total of $2,941,121.22 for its investment in the Bay Harbor Properties (the “Alpez Investment Funds”).
G. 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
63. On June 26, 2019, Alex received an email from Weinkle in which Weinkle represented that Weinkle and Abergel had started receiving offers to purchase both of the Bay Harbor Properties.
This email had been preceded by updates from Weinkle to Alex, both written and oral, regarding the purported ongoing renovation projects at the Bay Harbor Properties.
Upon information and belief, these were intentional and knowing misrepresentations by Weinkle, in order to prevent Alex from discovering the truth about how the Alpez Investment Funds had been used and to keep Alex from learning that in actuality Alpez’s investment in the Bay Harbor Properties was highly leveraged and at risk of foreclosure by the secured lender.
64. On August 17, 2019, Weinkle sent an email to Alex updating him regarding various legal and tax issues that Weinkle had been handling as the lawyer for Alpez and Alpez Holdings.
However, Weinkle failed to provide Alex with any detailed updates on the Bay Harbor Properties or the Alpez Investment Funds.
65. 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.
To-date, attorney’s Brian J. Abergel and Jordan G. Weinkle have not been criminally charged in this $3 million dollar fraud, nor the ‘double or quits’ second $3 million dollar fraud against Canadian hard money lender Planaria Holdings.
66. On November 11, 2019, unbeknownst to Alex, Shala and Saljanin filed a lawsuit in Miami-Dade County Circuit Court against Weinkle, Tavor and Forum (the “Shala Lawsuit”).
The Shala Lawsuit seeks damages against Weinkle, Tavor and Forum under fraud and unjust enrichment claims relating to Weinkle’s conduct with regard to his acquisition of BHI from Shala and Saljanin as previously described.
The Shala Lawsuit also seeks injunctive relief for the court to return control of BHI back to Shala and Saljanin.
67. As a result of Weinkle and Abergel’s failure to provide him with adequate answers to his questions about the Bay Harbor Properties investments, Alex traveled to Miami in December, 2019, in order to have his questions answered by Abergel and Weinkle in person.
During the visit, Weinkle told Alex that Weinkle and Abergel were upset with all of the complicated questions that Alex was asking, that the questions were overwhelming, and that due to this and other unspecified reasons, Weinkle and Abergel wanted to purchase Alpez Holdings’ ownership interest in the Bay Harbor Properties.
In order to acquire Alpez Holdings’ interests, Weinkle and Abergel proposed to pay Alpez back the total amount of the Alpez Investment Funds, plus 8% annual interest. Weinkle and Abergel also proposed to complete the transaction within a few months, namely in March 2020, and stated that Goldstein would be the individual purchasing Alpez Holdings’ interests in the Bay Harbor Properties.
68. The truth is that everything Weinkle and Abergel represented to Alex regarding the proposed purchase of Alpez Holdings’ interest in the Bay Harbor Properties was false, only calculated to further delay Alex from finding out the truth about Alpez’s investments with Weinkle and Abergel.
69. A few days after his return from Miami, largely due to Weinkle and Abergel’s failure to answer his questions and the sudden overall lack of transparency regarding the Bay Harbor Properties, Alex informed Weinkle and Abergel that Alpez Holdings would sell its investment interest in the Bay Harbor Properties in accordance with the terms discussed in Miami.
70. However, after this communication, Alex heard nothing further from Weinkle or Abergel. In fact, all throughout February and March 2020, Alex sent repeated email and text messages to Weinkle and Abergel, inquiring as to when the purchase would occur. Alex did not hear back from either Weinkle or Abergel.
71. 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.
72. Shortly after speaking with Goldstein, Alex was finally able to get in touch with Abergel.
Abergel represented to Alex that the purchase was still on and that it would actually be Goldstein’s partner that would be purchasing Alpez Holdings’ interests in the Bay Harbor Properties.
73. Despite repeated attempts by Alex to reach him via email and text message, Alex did not hear from Weinkle again until April 23, 2020.
H. Weinkle and Abergel’s Misconduct with Respect to the Planaria Loan
74. In February 2020, while Weinkle and Abergel were fraudulently promising to buy out Alpez Holdings’ interest in the Bay Harbor Properties, Weinkle and Abergel were simultaneously secretly engineering an assignment and purchase of the Avatar Loan to another lender, Planaria Holdings, Inc. (“Planaria”).
Upon information and belief, the Avatar Loan was in default and Weinkle and Abergel were looking to refinance the debt to avoid losing the Bay Harbor Properties in a foreclosure.
75. Specifically, on February 12, 2020, Planaria executed an Assignment of Mortgage and Note between Avatar and Planaria. Importantly, as part of Planaria’s assumption of the Avatar Loan, the principal loan amount was increased from its original amount of $5,100,000.00 to $8,000,000.00 (the “Planaria Loan”).
As with the original Avatar Loan, the $8,000,000.00 Planaria Loan was made to BHI as borrower and secured by the Bay Harbor Properties.
76. As part of the Planaria Loan documents, Planaria agreed to deposit $3,000,000.00 (representing the increase in the original principal amount of the Avatar Loan) into an escrow account maintained by the Law Firm.
Per the terms of the relevant Escrow Agreement, the Law Firm was named as the Escrow Agent and was not to disburse the $3,000,000.00 to BHI until it received written approval from the Vice President of Planaria.
77. Weinkle and Abergel did not disclose any information regarding the Planaria Loan to Alex – even though Alpez Holdings owned a 40% indirect interest in the borrower, BHI.
In fact, as previously stated, Weinkle and Abergel continued to intentionally misrepresent to Alex during this time period that they were going to buy Alpez Holdings’ interest in the Bay Harbor Properties.
I. Weinkle and Abergel’s Lies and Fraudulent Misrepresentations Begin to Fall Apart
78. After months of silence, Alex finally heard back from Weinkle on April 23, 2020.
On that date, Weinkle sent Alex a long email confirming the total amount of the Alpez Investment Funds that were previously provided and confirming that Alpez Holdings owned 40% of Forum – the entity that Weinkle originally represented was created to directly purchase Bay Harbor One.
For the first time, however, Weinkle also informed Alex that Forum did not actually own the Bay Harbor Properties in its name.
In fact, Weinkle disclosed to Alex for the first time that Forum owned 100% of BHI, and that BHI was the entity that owned the Bay Harbor Properties.
79. This information ran directly counter to all of Weinkle’s prior representations to Alex concerning BHI – namely, that BHI only owned Bay Harbor Two, and that the acquisition of BHI was the only way to acquire an indirect ownership interest in Bay Harbor Two.
80. In his April 23, 2020 email, Weinkle also informed Alex for the first time that the remodeling of the Bay Harbor Properties was ongoing and that Weinkle had taken out an $8,000,000.00 mortgage loan secured by multiple properties, including both of the Bay Harbor Properties.
Weinkle represented to Alex that the Bay Harbor Properties constituted only 50% of the security for the $8,000,000.00 loan.
This was also a complete and intentional misrepresentation to Alex as the $8,000,000.00 Planaria Loan was only secured by the Bay Harbor Properties.
81. Lastly, in this April 23rd email, Weinkle advised Alex for the first time of the Shala lawsuit.
Weinkle did not provide Alex with the details of the lawsuit, and only told Alex that it was being brought by the sellers of the Bay Harbor Properties, was a frivolous lawsuit, and that Weinkle was easily dealing with it.
Notably Weinkle did not provide Alex with any information about the previously-promised buy-out or return of Alpez’s investment.
82. Two days later, on April 25, 2020, Abergel sent an email to Alex requesting that Alex provide a time that worked for Alex to have a telephone conference with Weinkle, to clarify any questions or concerns Alex might have regarding the Bay Harbor Properties.
83. On April 28, 2020, Weinkle advised Alex via email that Weinkle had bought out Abergel’s interests in the Bay Harbor Properties, and that Weinkle now owned 60% of Forum via Weinkle’s company Weinkle Investments, LLC – with the other 40% still owned by Alpez Holdings.
In this email, Weinkle again confirmed that all of Alpez’s funds were used to purchase the Bay Harbor Properties and that the valuation of Alpez’s indirect interest in the Bay Harbor Properties was approximately $2,940,000.00.
84. Attached to the April 28th email from Weinkle was a Notice of Interest prepared and filed by Weinkle, which attested to the breakdown of ownership interests in Forum, and respectively the Bay Harbor Properties.
A true and correct copy of the Notice of Interest is attached hereto as Exhibit D.
Jordan Weinkle Files for Bankruptcy (Ch. 7, June 15, 2021), which would be dismissed for failure to provide supporting documentation. Curiously, he only listed The Forum Residences, LLC and Tavor Management, LLC on the filing paperwork.
85. On the same day, April 28, 2020, Alex also received an email from Abergel.
Abergel advised Alex in this communication that Abergel was no longer engaging in real estate investments with Weinkle, but would continue practicing law with him at the Law Firm.
86. On April 29, 2020, Weinkle provided Alex with an Amended Operating Agreement for the Forum, updated to show Abergel’s exit from the entity and the new ownership interest breakdown.
J. Alex Demands the Return of the Alpez Investment Funds With No Response From Weinkle or Abergel
87. After this new round of sudden disclosures and drastic changes to the structure of the original investment deal, Alex demanded that Weinkle return his original investment funds and fully disclose all matters and details relating to the structure and ongoing remodeling efforts at the Bay Harbor Properties.
88. Weinkle failed to respond to these demands by Alex, or to return the Alpez Investment Funds.
Instead, on May 8, 2020, Weinkle simply provided Alex with a response to the lawsuit filed against him by Shala and Saljanin, which was purportedly prepared by Weinkle’s attorney.
89. Throughout May, June, July August and September, 2020, Alex continued to demand the return of the Alpez Investment Funds from Weinkle, as well as information regarding the details and status of the Bay Harbor Properties transactions.
Weinkle failed to respond to any of these demands.
90. 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.
91. On September 30, 2020, Planaria filed a lawsuit in Miami-Dade County Circuit Court against Weinkle, Abergel and the Law Firm (the “Planaria Lawsuit”).
The Planaria Lawsuit seeks damages against Weinkle, Abergel and the Law Firm for their unlawful refusal to return the $3,000,000.00 in escrow funds from the Planaria Loan back to Planaria, following the voluntary dissolution of the Law Firm.
92. As of the filing date of this action, Weinkle and Abergel have still failed to return any of the Alpez Investment Funds, or to even provide Alex with adequate assurances and documentation confirming Alpez’s investment, much less the status of the Bay Harbor Properties themselves.
WA Legal Group has it’s own dedicated Social Media Accounts, which clearly show it is a joint venture between Weinkle and Abergal (“WA”) and the new swanky offices were most likely paid for by their finchin’ of investor and lender funds, not intended for personal use.
COUNT I – LEGAL MALPRACTICE AS TO DEFENDANTS
93. Plaintiffs re-allege and reincorporate by reference paragraphs 1 through 92 above.
94. Defendants Weinkle and Abergel, through the Weinkle Abergel Law Firm, were engaged by Alex and Alpez as legal counsel, and acted on behalf of Alex and Alpez as their legal counsel with respect to Alpez’s real estate investments.
95. As a result of the attorney-client relationship between Alex and Alpez and the Defendants, the Defendants owed a duty of care and skill to their clients, including a duty to fully, fairly, and competently represent their clients in connection with Alpez’s real estate investments.
96. Defendants also owed duties to their clients to, among other things, act with candor and perform their duties with the care, skill, loyalty and diligence that is ordinarily used by attorneys in the profession.
97. Defendants failed to use the care that a reasonably careful attorney would use under the circumstances in their representation of Alex and Alpez.
98. Weinkle and Abergel neglected their reasonable duty as counsel for Alex and Alpez by, among other acts:
a. Intentionally making material misrepresentations, and material omissions, in communications with Alex and Alpez regarding the purchase, acquisition and operation of the Bay Harbor Properties;
b. Fabricating the Fake Closing Documents, in order to facilitate fraudulent misrepresentations to Alex and Alpez regarding the Alpez Investment Funds and the Bay Harbor Properties;
c. Negligently documenting, and failing to account for, the approximately $3,000,000.00 in Alpez Investment Funds that were wired to the Law Firm;
d. Failing to properly inform Alex and Alpez of the risks associated with the Bay Harbor Properties investments;
e. Failing to make the mandated disclosures and transmitted writings to Alex and Alpez regarding the Bay Harbor Properties investments, as required by Rule 4-1.8(a) of the Florida Bar Rules of Professional Conduct.
f. Failing to seek or obtain any informed written consent from Alex or Alpez with regard to the essential terms of the Bay Harbor Properties investments or the respective roles of Alex, Weinkle and Abergel in the investments.
99. Alex and Alpez reasonably relied on the advice and representations of Defendants.
100. Weinkle and Abergel’s intentional conduct and negligence resulted in, and was the proximate cause, of damages to Alex and Alpez.
WHEREFORE, Alex and Alpez demand judgment in their favor and against Defendants, for compensatory damages in an amount exceeding Thirty Thousand Dollars ($30,000.00), together with interest, costs, and for such other relief as this Court may deem just and proper.
COUNT II – BREACH OF FIDUCIARY DUTY AS TO DEFENDANTS
101. Plaintiffs re-allege and reincorporate by reference paragraphs 1 through 92 above.
102. The elements of a cause of action for breach of fiduciary duty are:
(1) the existence of a fiduciary duty;
(2) its breach;
and
(3) damages proximately caused by the breach.
See Reed v. Long, 111 So. 3d 237, 239-240 (Fla. 4th DCA 2013).
103. Defendants owed fiduciary duties of loyalty and care to Alex and Alpez, by virtue of Defendants’ status as lawyers for Alex and Alpez.
104. Defendants held themselves out as, and acted as, counsel for Alex and Alpez at all times relevant to this action, beginning in May, 2018. Specifically, Defendants acted as counsel for Alex and Alpez with respect to multiple real estate transactions and investments, including the Bay Harbor Properties investments.
105. As explained in more detail above, Defendants engaged in various acts of disloyalty and intentional mismanagement against Alex and Alpez relating to the Bay Harbor Properties investments and the Alpez Investment Funds wired to the Law Firm, including, but not limited to the following:
a. Making material misrepresentations, and material omissions, in communications with Alex and Alpez regarding the purchase, acquisition and operation of the Bay Harbor Properties;
b. Fabricating the Fake Closing Documents, in order to facilitate fraudulent misrepresentations to Alex and Alpez regarding the Alpez Investment Funds and the Bay Harbor Properties;
c. Negligently documenting, and failing to account for, the approximately $3,000,000.00 in Alpez Investment Funds that were wired to the Weinkle Abergel Law Firm;
d. Failing to properly inform Alex and Alpez of the risks associated with the Bay Harbor Properties investments;
106. Defendants’ self-dealing, other disloyal acts, and gross and intentional mismanagement of the Alpez Investment Funds, as set forth above, constitute breaches of the fiduciary duties Defendants owed to Alex and Alpez.
107. Defendants committed the disloyal acts, as set forth above, for their own personal gain and interest, at the expense of Alex and Alpez.
108. Defendants’ breaches of their fiduciary duties and self-dealing proximately caused, and continue to proximately cause, injuries and damage to Alex and Alpez, because Alex and Alpez have been deprived of the entire $3,000,000.00 amount of the Alpez Investment Funds, as well as an unencumbered ownership interest in the Bay Harbor Properties.
WHEREFORE, Alex and Alpez respectfully request judgment against Defendants for compensatory damages in an amount exceeding Thirty Thousand Dollars ($30,000.00) together with interest, costs, attorneys’ fees, restitution, and for such other relief as this Court may deem just and proper.
COUNT III – FRAUDULENT MISREPRESENTATION AS TO WEINKLE
109. Plaintiffs re-allege and reincorporate by reference paragraphs 1 through 92 above.
110. As set forth with particularity above, Weinkle intentionally misrepresented and/or omitted to inform Plaintiffs of the following material facts:
a. Beginning in or around 2018 and up through approximately the Fall of 2020, that Weinkle repeatedly misrepresented to Alex and Alpez, during in-person meetings and in emails and telephone conferences, all of the details and structure of how the Alpez Investment Funds were being utilized, the ownership structure of the Bay Harbor Properties, and the encumbered nature of the Bay Harbor Properties;
b. That Weinkle fabricated the Fake Closing Documents to facilitate the fraudulent use of the Alpez Investment Funds provided to him by Alex and Alpez, and to keep Alex and Alpez deliberately uninformed about how the Alpez Investment Funds were being utilized;
c. That the Fake Closing Documents were fabricated to give the appearance that Alex and Alpez had purchased Bay Harbor One as an unencumbered property, when in fact, it was a tool to facilitate Weinkle’s securement of the Avatar Loan and to perpetuate fraud against Alex and Alpez;
d. That the $540,000.00 wired to Weinkle by Alex and Alpez was not actually used to purchase an ownership interest in Bay Harbor Two as Weinkle had misrepresented, but was actually utilized to facilitate Weinkle’s securement of the Planaria Loan;
e. That Weinkle never enlisted Goldstein to purchase Alex and Alpez’s ownership interests in the Bay Harbor Properties, as Weinkle had misrepresented, or took any affirmative steps to accomplish such a buy-out transaction;
f. That Weinkle was intentionally withholding vital information regarding the legal and financial troubles surrounding the Bay Harbor Properties; and
g. That Weinkle was deliberately omitting to inform Alex and Alpez about the Shala Lawsuit or the Planaria Lawsuit in a timely manner.
111. Plaintiffs justifiably relied on Weinkle’s misrepresentations and omissions, to their detriment.
112. Plaintiffs have suffered damages as a result of their reliance on Weinkle’s omissions, as set forth above.
WHEREFORE, Alex and Alpez respectfully request judgment against Weinkle for compensatory damages in an amount exceeding Thirty Thousand Dollars ($30,000.00) together
with interest, costs, attorneys’ fees, restitution, and for such other relief as this Court may deem just and proper.
COUNT IV – MONEY HAD AND RECEIVED AS TO DEFENDANTS
113. Plaintiffs re-allege and reincorporate by reference paragraphs 1 through 92 above.
114. This is a claim for money had and received against Weinkle, Abergel and the Law Firm.
115. Defendants received $2,941,121.22 of Plaintiffs’ money (the Alpez Investment Funds) at the direction of Weinkle and Abergel, with the understanding that the monies would be used to purchase 40% direct ownership interests in the two unencumbered Bay Harbor Properties. This did not occur, and Plaintiffs have demanded return of their money.
116. As previously described, the circumstances are such that Defendants should, in all fairness, be required to return and repay such monies to Plaintiffs. These circumstances include, but are not limited to the following:
a. Defendants repeatedly misrepresented to Alex and Alpez, during in-person meetings and in emails and telephone conferences, all of the details and structure of how the Alpez Investment Funds were being utilized, the ownership structure of the Bay Harbor Properties, and the encumbered nature of the Bay Harbor Properties;
b. Defendants fabricated the Fake Closing Documents to facilitate the fraudulent use of the Alpez Investment Funds provided to them by Alex and Alpez, and to keep Alex and Alpez deliberately uninformed about how the Alpez Investment Funds were being utilized;
c. The Fake Closing Documents were fabricated to give the appearance that Alex and Alpez had purchased Bay Harbor One as an unencumbered property, when in fact, it was a tool to facilitate Weinkle’s securement of the Avatar Loan and to perpetuate fraud against Alex and Alpez;
d. The $540,000.00 wired to Weinkle by Alex and Alpez was not actually used to purchase an ownership interest in Bay Harbor Two as Weinkle had misrepresented, but was actually utilized to facilitate Weinkle’s securement of the Planaria Loan;
117. Plaintiffs have been damaged as a result of Defendants’ failure to return and repay the $2,941,121.22 they received from Plaintiffs.
WHEREFORE, Alex and Alpez respectfully request that the Court enter judgment against Defendants for compensatory damages in an amount exceeding Thirty Thousand Dollars ($30,000.00) together with interest and for such other relief as this Court may deem just and proper.
COUNT V – CONSTRUCTIVE FRAUD AS TO WEINKLE AND ABERGEL
118. Plaintiffs re-allege and reincorporate by reference paragraphs 1 through 92 above.
119. Weinkle and Abergel owed fiduciary duties of loyalty and care to Alex and Alpez, by virtue of Defendants’ status as lawyers for Alex and Alpez.
120. The trust and confidence that Alex and Alpez placed in Weinkle and Abergel by virtue of these fiduciary roles has been abused. In fact, Weinkle and Abergel have taken unconscionable advantage of Alex and Alpez by:
a. Misrepresenting the true nature, funding and structure of the Bay Harbor Properties investments to Alex and Alpez;
b. Failing to invest the Alpez Investment Funds as promised to Alex and Alpez;
c. Fabricating the Fake Closing Documents to facilitate a fraudulent representation to Alex and Alpez that Alex and Alpez had purchased a 40% ownership interest in unencumbered Bay Harbor One via Alpez Holdings;
d. Misrepresenting to Alex and Alpez that Bay Harbor Two was for sale by its owners, in order to facilitate their fraudulent transfer and use of $540,400.00 from Alex and Alpez;
e. Continually misrepresenting and failing to provide accurate information to Alex and Alpez regarding the Alpez Investment Funds and the Bay Harbor Properties over the course of multiple months, in order to facilitate their fraudulent activity with respect to Alex and Alpez.
121. The concealment by Weinkle and Abergel of each of these acts further underscores the unconscionable advantage they have taken of Alex and Alpez.
122. Alex and Alpez have suffered s substantial injury, in an amount to be proven at trial, as a result of the constructive fraud of Weinkle and Abergel.
WHEREFORE, Alex and Alpez respectfully request that the Court enter judgment against Defendants for compensatory damages in an amount exceeding Thirty Thousand Dollars ($30,000.00) together with interest and for such other relief as this Court may deem just and proper.
Dated: October 29, 2020
Respectfully submitted,
HOLLAND & KNIGHT LLP
Attorneys for Plaintiffs
701 Brickell Avenue, Suite 3300
Miami, Florida 33131
Tel: (305) 789-7713
Fax: (305) 789-7799
By: /s/Jose A. Casal
Jose A. Casal
Florida Bar No.: 767522
Email: jose.casal@hklaw.com
Daniel P. Hanlon
Florida Bar No.: 105219
Email: daniel.hanlon@hklaw.com
Complaint with Exhibits
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A foreclosure lawsuit against a pair of apartment buildings in Bay Harbor Islands has been resolved.
Avatar Capital Finance filed a foreclosure lawsuit Jan. 13 against Bal Harbour Investments LLC, along with loan guarantors Yoni Ramras, Nula Shala and Jack Saljanin. It concerned a $5.1 million mortgage on the apartment buildings at 1080 93rd St. and 1060 95th St.
County records show the lawsuit was voluntarily dismissed Feb. 18, so the property is no longer in foreclosure.
Attorney Brian J. Abergel, who represents Bal Harbour Investments in the case, noted the dismissal, but did not comment further.
Attorney Jill Nexon Berman, who represents the lender in the lawsuit, said the property has been sold.
The deed has yet to appear in county records.
The four-story apartment building at 1080 93rd St. totals 30,017 square feet and features 24 units. It was built on the 22,500-square-foot site in 1965 and last traded for $4.1 million in 2008.
The two-story apartment building at 1060 95th St. totals 6,260 square feet and has nine units. It was built on the 11,250-square-foot lot in 1948. Bal Harbour Investments bought it for $925,000 in 2008.
Bay Harbor Islands is located along the Broad Causeway between Bal Harbour on the coast and North Miami on the mainland. Most of its buildings are over 50 years old, but it has seen a recent uptick of boutique condo development.
Finding the right company to partner with in any kind of business relationship is a monumental endeavor.
Integrated Property Management and Development Group, LLC (IPMDG), will provide the professional and courteous service you require and deserve.
Timely preparation of property reports, award-winning customer service, outstanding maintenance and grounds keeping, competitive pricing are just some of the personalized advantages we provide. We pride ourselves as “Leading the industry one property at a time”.
All properties, regardless of property size and/or location will receive the utmost superior service and attention to detail that you have been missing from our competitors. If you seek personalized professional assistance, IPMDG is here for you.
We have taken long strides in achieving both ethical and superior service for both our clients and the residents we service.
With over 40 years in combined experience in property management and construction development; from multi-family housing, HOA, residential, acquisitions, ROI, investor partnerships, to commercial properties as well as development projects, IPMDG will only provide you with excellence… all you need to do is sign on the dotted line and let IPMDG handle all of your real estate needs.
Founder & CEO
Integrated Property MGMNT & Development Group, LLC
Aug 2015 – Present6 years 7 months
7777 Glades Road | 100 | Boca Raton, FL
www.IPMDG.com
Global Assets Realty Graphic
Licensed Realtor
Global Assets Realty
Oct 2021 – Present
5 months
Boca Raton, Florida, United States
Tavor Management Group, LLC Graphic
Asset Manager
Tavor Management Group, LLC
Dec 2018 – Sep 202
12 years 10 months
1688 Meridian Avenue | 440 | Miami, FL
Ashkenazy Acquisition Corp. Graphic
Director Of Operations
Ashkenazy Acquisition Corp.
May 2004 – Jul 2015
11 years 3 months
New York
GDC Properties, LLC Graphic
Regional Manager
GDC Properties, LLC
Nov 2001 – Apr 20042 years 6 months
Boca Raton, Florida
Altman Management Company Inc. Graphic
Property Manager
Altman Management Company Inc.
Jul 1998 – Nov 20013 years 5 months
Boca Raton, Florida
Education
Syracuse University
Syracuse University Graphic
Syracuse University
Bachelor’s degreeBusiness, Management, Marketing, and Related Support Services
1993 – 1997
Licenses & Certifications
Licensed Realtor Graphic
Licensed Realtor
Florida Department of Business and Professional Regulation
Issued Sep 2021
Southern District of Florida (Miami)
Bankruptcy Petition #: 17-15106-LMI
| Assigned to: Laurel M Isicoff Chapter 7 Voluntary Asset
Debtor disposition: Standard Discharge |
|
| Debtor Barney N. Weinkle 10066 Bay Harbor Terrace Unit 10070 Miami Beach, FL 33154 MIAMI-DADE-FL SSN / ITIN: xxx-xx-0433 |
represented by | Gary M Murphree 7385 SW 87 Ave # 100 Miami, FL 33173 305-441-9530 Email: gmm@amlaw-miami.com |
| Trustee Barry E Mukamal PO Box 14183 Fort Lauderdale, FL 33302 786-517-5760 |
represented by | Scott N Brown, Esq 1 S.E. 3rd Avenue – #1400 Miami, FL 33131 305-379-7904 Email: sbrown@bastamron.comZakarij N Laux BAST AMRON LLP One Southeast Third Avenue Suite 1400 Miami, FL 33131 305-379-7904 Email: zlaux@bastamron.comBarry E Mukamal 1 SE 3 Avenue Ste 2150 Box 158 Miami, FL 33131 786-517-5760 Fax : 786-517-5772 Email: bemtrustee@kapilamukamal.com |
| U.S. Trustee Office of the US Trustee 51 S.W. 1st Ave. Suite 1204 Miami, FL 33130 (305) 536-7285 |
| Filing Date | # | Docket Text | |
|---|---|---|---|
| 04/25/2017 | 1 (7 pgs) |
Chapter 7 Voluntary Petition . [Fee Amount $335] (Murphree, Gary) (Entered: 04/25/2017) | |
| 04/25/2017 | 2 (1 pg) |
Certification of Budget and Credit Counseling Course by Debtor Filed by Debtor Barney Weinkle. (Murphree, Gary) (Entered: 04/25/2017) | |
| 04/25/2017 | 3 (2 pgs) |
Meeting of Creditors to be held on 05/31/2017 at 02:00 PM at 51 SW First Ave Room 102, Miami. Objections to Discharge/Dischargeability due by 07/31/2017. (Murphree, Gary) (Entered: 04/25/2017) | |
| 04/26/2017 | 4 (2 pgs) |
Notice of Incomplete Filings Due. [Deficiency Must be Cured by 5/3/2017].Statement of Social Security Number Due 5/3/2017. Summary of Your Assets and Liabilities and Certain Statistical Information due 5/9/2017. Schedules A-J due 5/9/2017.Statement of Financial Affairs Due 5/9/2017.Declaration Concerning Debtors Schedules Due: 5/9/2017. Chapter 7 Statement of Your Current Monthly Income Form 122A-1 Due: 5/9/2017. Payment Advices due for Debtor 5/9/2017. [Incomplete Filings due by 5/9/2017]. (Valencia, Yamileth) (Entered: 04/26/2017) | |
| 04/26/2017 | 5 | Meeting of Creditors Notice Withheld From Mailing Due to Deficiency in Social Security Number.. (Re: 3 Meeting of Creditors to be held on 05/31/2017 at 02:00 PM at 51 SW First Ave Room 102, Miami. Objections to Discharge/Dischargeability due by 07/31/2017.) (Valencia, Yamileth) (Entered: 04/26/2017) | |
| 04/26/2017 | 6 | Statement of Debtor(s) Social Security Number(s) [Document Image Available ONLY to Court Users] Filed by Debtor Barney N. Weinkle. (Murphree, Gary) (Entered: 04/26/2017) | |
| 04/28/2017 | 7 (3 pgs) |
BNC Certificate of Mailing (Re: 4 Notice of Incomplete Filings Due. [Deficiency Must be Cured by 5/3/2017].Statement of Social Security Number Due 5/3/2017. Summary of Your Assets and Liabilities and Certain Statistical Information due 5/9/2017. Schedules A-J due 5/9/2017.Statement of Financial Affairs Due 5/9/2017.Declaration Concerning Debtors Schedules Due: 5/9/2017. Chapter 7 Statement of Your Current Monthly Income Form 122A-1 Due: 5/9/2017. Payment Advices due for Debtor 5/9/2017. [Incomplete Filings due by 5/9/2017].) Notice Date 04/28/2017. (Admin.) (Entered: 04/29/2017) | |
| 04/29/2017 | 8 (4 pgs) |
BNC Certificate of Mailing (Re: 3 Meeting of Creditors to be held on 05/31/2017 at 02:00 PM at 51 SW First Ave Room 102, Miami. Objections to Discharge/Dischargeability due by 07/31/2017.) Notice Date 04/29/2017. (Admin.) (Entered: 04/30/2017) | |
| 05/01/2017 | 9 (1 pg) |
Request for Notice Filed by Creditor BMW Financial Services NA, LLC. (Ascension Capital Group (ZWelch)) (Entered: 05/01/2017) | |
| 05/01/2017 | 10 (1 pg) |
Request for Notice Filed by Creditor BMW Financial Services NA, LLC. (Ascension Capital Group (ZWelch)) (Entered: 05/01/2017) | |
| 05/01/2017 | 11 (1 pg) |
Request for Notice Filed by Creditor BMW Financial Services NA, LLC. (Ascension Capital Group (ZWelch)) (Entered: 05/01/2017) | |
| 05/01/2017 | 12 (1 pg) |
Request for Notice Filed by Creditor BMW Financial Services NA, LLC. (Ascension Capital Group (ZWelch)) (Entered: 05/01/2017) | |
| 05/09/2017 | 13 (44 pgs; 2 docs) |
Initial Schedules Filed: [Summary of Your Assets/Liabilities,Schedules A-J,Statement of Financial Affairs,Declaration re Schedules,] [Fee Amount $31] Filed by Debtor Barney N. Weinkle. (Attachments: # 1 Local Form 4) (Murphree, Gary) (Entered: 05/09/2017) | |
| 05/09/2017 | 14 (1 pg) |
Disclosure of Compensation by Attorney Gary M Murphree. (Murphree, Gary) (Entered: 05/09/2017) | |
| 05/10/2017 | 15 (2 pgs) |
Payment Advices by Debtor Filed by Debtor Barney N. Weinkle. (Murphree, Gary) (Entered: 05/10/2017) | |
| 05/15/2017 | 16 (2 pgs) |
Order Dismissing Case with 180 Days Prejudice for Failure to File Chapter 7 Statement of Your Current Monthly Income, [Filing Fee Balance Due: $0.00] . (Valencia, Yamileth) (Entered: 05/15/2017) | |
| 05/16/2017 | 17 (2 pgs) |
Chapter 7 Statement of Current Monthly Income Form 122A-1 Filed by Debtor Barney N. Weinkle. (Murphree, Gary) (Entered: 05/16/2017) | |
| 05/16/2017 | 18 (2 pgs) |
Motion to Reinstate Case Filed by Debtor Barney N. Weinkle. (Murphree, Gary) (Entered: 05/16/2017) | |
| 05/16/2017 | 19 (1 pg) |
Notice of Hearing (Re: 18 Motion to Reinstate Case Filed by Debtor Barney N. Weinkle.) Hearing scheduled for 06/05/2017 at 01:30 PM at C. Clyde Atkins U.S. Courthouse, 301 N Miami Ave Courtroom 8 (LMI), Miami, FL 33128. (Sanabria, Noemi) (Entered: 05/16/2017) | |
| 05/16/2017 | 20 (3 pgs) |
Certificate of Service Filed by Debtor Barney N. Weinkle (Re: 18 Motion to Reinstate Case filed by Debtor Barney N. Weinkle, 19 Notice of Hearing). (Murphree, Gary) (Entered: 05/16/2017) | |
| 05/18/2017 | 21 (4 pgs) |
BNC Certificate of Mailing – Order Dismissing Case (Re: 16 Order Dismissing Case with 180 Days Prejudice for Failure to File Chapter 7 Statement of Your Current Monthly Income, [Filing Fee Balance Due: $0.00] .) Notice Date 05/18/2017. (Admin.) (Entered: 05/19/2017) | |
| 06/16/2017 | 22 (2 pgs) |
Order Granting Motion To Reinstate Case (Re: # 18) (Valencia, Yamileth) (Entered: 06/16/2017) | |
| 06/18/2017 | 23 (4 pgs) |
BNC Certificate of Mailing – PDF Document (Re: 22 Order Granting Motion To Reinstate Case (Re: 18)) Notice Date 06/18/2017. (Admin.) (Entered: 06/19/2017) | |
| 06/19/2017 | 24 (3 pgs) |
Certificate of Service Filed by Debtor Barney N. Weinkle (Re: 22 Order on Motion to Reinstate Case). (Murphree, Gary) (Entered: 06/19/2017) | |
| 06/23/2017 | 25 (2 pgs) |
Meeting of Creditors to be Held on 8/1/2017 at 04:00 PM at 51 SW First Ave Room 102, Miami. Last Day to Oppose Discharge or Dischargeability is 10/2/2017. (Cohen, Diana) (Entered: 06/23/2017) | |
| 06/25/2017 | 26 (4 pgs) |
BNC Certificate of Mailing (Re: 25 Meeting of Creditors to be Held on 8/1/2017 at 04:00 PM at 51 SW First Ave Room 102, Miami. Last Day to Oppose Discharge or Dischargeability is 10/2/2017.) Notice Date 06/25/2017. (Admin.) (Entered: 06/26/2017) | |
| 06/26/2017 | 27 (1 pg) |
Notice of Requirement to File Financial Management Course Certificate (admin) (Entered: 06/26/2017) | |
| 06/28/2017 | 28 (2 pgs) |
BNC Certificate of Mailing (Re: 27 Notice of Requirement to File Financial Management Course Certificate (admin)) Notice Date 06/28/2017. (Admin.) (Entered: 06/29/2017) | |
| 06/29/2017 | 29 (1 pg) |
Declaration Concerning Schedules Conforming to Official Bankruptcy Form 106 or 202 Filed by Debtor Barney N. Weinkle. (Murphree, Gary) (Entered: 06/29/2017) | |
| 07/25/2017 | 30 (2 pgs) |
Certification of Completion of Instructional Course Concerning Personal Financial Management by Debtor ONLY Filed by Debtor Barney N. Weinkle. (Murphree, Gary) (Entered: 07/25/2017) | |
| 07/28/2017 | 31 (6 pgs) |
Ex Parte Application to Employ Scott N. Brown, Esquire and Bast Amron LLP as Attorneys for the Trustee Nunc Pro Tunc to July 26, 2017 [Affidavit Attached] Filed by Trustee Barry E Mukamal. (Brown, Scott) (Entered: 07/28/2017) | |
| 07/31/2017 | 32 | Notice is given that the Trustee in this case anticipates that funds will become available shortly to produce a distribution to creditors. In order to expedite the administration of this case and make a prompt distribution to creditors, Trustee requests that a claims bar date be set and noticed. Future reports will be made to the Office of the United States Trustee and summarized on the Interim Report which will be made available upon request Filed by Trustee Barry E Mukamal. (Mukamal, Barry) (Entered: 07/31/2017) | |
| 07/31/2017 | 33 (1 pg) |
Notice of Deadline to File Claims. Proofs of Claim due by 10/31/2017 (admin) (Entered: 07/31/2017) | |
| 07/31/2017 | 34 (6 pgs) |
Notice of Appearance and Request for Service by Angelo M Castaldi Filed by Creditor Villa Pizza, LLC. (Castaldi, Angelo) (Entered: 07/31/2017) | |
| 08/01/2017 | 35 (30 pgs; 2 docs) |
Amended Schedules Filed: [Schedule C,Schedule E/F,Statement of Financial Affairs,] [Fee Amount $31] Filed by Debtor Barney N. Weinkle. (Attachments: # 1 Local Form 4) (Murphree, Gary) (Entered: 08/01/2017) | |
| 08/02/2017 | 36 (2 pgs) |
Order Granting Application to Employ Attorney for the Trustee Scott N. Brown, Nunc Pro Tunc to July 26, 2017. (Re: # 31) (Oriol-Bennett, Alexandra) (Entered: 08/02/2017) | |
| 08/02/2017 | 37 | Statement Adjourning Meeting of Creditors. Section 341(a) Meeting Continued on 8/21/2017 at 04:30 PM at 51 SW First Ave Room 102, Miami. Debtor appeared. (Mukamal, Barry) (Entered: 08/02/2017) | |
| 08/02/2017 | 38 (3 pgs) |
BNC Certificate of Mailing (Re: 33 Notice of Deadline to File Claims. Proofs of Claim due by 10/31/2017 (admin)) Notice Date 08/02/2017. (Admin.) (Entered: 08/03/2017) | |
| 08/03/2017 | 39 (3 pgs) |
Certificate of Service by Attorney Zakarij N Laux (Re: 36 Order on Application to Employ). (Laux, Zakarij) (Entered: 08/03/2017) | |
| 08/23/2017 | 40 | Statement Adjourning Meeting of Creditors. Section 341(a) Meeting Continued on 9/13/2017 at 04:30 PM at 51 SW First Ave Room 102, Miami. Debtor appeared. (Mukamal, Barry) (Entered: 08/23/2017) | |
| 09/06/2017 | 41 (10 pgs) |
Motion to Compel Debtor to Turn Over Documents to Trustee Filed by Trustee Barry E Mukamal. (Brown, Scott) (Entered: 09/06/2017) | |
| 09/06/2017 | 42 (1 pg) |
Notice of Hearing by Filer (Re: 41 Motion to Compel Debtor to Turn Over Documents to Trustee Filed by Trustee Barry E Mukamal.). Hearing scheduled for 10/04/2017 at 09:30 AM at C. Clyde Atkins U.S. Courthouse, 301 N Miami Ave Courtroom 8 (LMI), Miami, FL 33128. (Brown, Scott) (Entered: 09/06/2017) | |
| 09/06/2017 | 43 (1 pg) |
Certificate of Service by Attorney Scott N Brown Esq (Re: 42 Notice of Hearing by Filer filed by Trustee Barry E Mukamal). (Brown, Scott) (Entered: 09/06/2017) | |
| 09/21/2017 | 44 (3 pgs) |
Amended Meeting of Creditors to be Held on 10/3/2017 at 04:30 PM at 51 SW First Ave Room 102, Miami. Last Day to Oppose Discharge or Dischargeability is 12/4/2017. *RESCHEDULED DUE TO COURT CLOSURE AS A RESULT OF HURRICANE IRMA (Lebron, Lorraine) (Entered: 09/21/2017) | |
| 09/23/2017 | 45 (5 pgs) |
BNC Certificate of Mailing (Re: 44 Amended Meeting of Creditors to be Held on 10/3/2017 at 04:30 PM at 51 SW First Ave Room 102, Miami. Last Day to Oppose Discharge or Dischargeability is 12/4/2017. *RESCHEDULED DUE TO COURT CLOSURE AS A RESULT OF HURRICANE IRMA) Notice Date 09/23/2017. (Admin.) (Entered: 09/24/2017) | |
| 10/04/2017 | 46 | Meeting of Creditors Held and Concluded. . (Mukamal, Barry) (Entered: 10/04/2017) | |
| 10/05/2017 | 47 (2 pgs) |
Agreed Order Granting Motion To Compel Debtor to Turnover Documents to Trustee (Re: # 41) (Oriol-Bennett, Alexandra) (Entered: 10/05/2017) | |
| 10/06/2017 | 48 (1 pg) |
Certificate of Service by Attorney Zakarij N Laux (Re: 47 Order on Motion to Compel). (Laux, Zakarij) (Entered: 10/06/2017) | |
| 10/20/2017 | 49 | The information required by 11 U.S.C. Sec. 521(a)(1) as provided by the debtor(s) in this case is complete to the satisfaction of the trustee. No creditor or other party in interest has filed a request for an order of dismissal pursuant to 11 U.S.C. Sec. 521(i)(2) and the trustee does not believe that this case is subject to automatic dismissal pursuant to 11 U.S.C. Sec. 521(i). (Mukamal, Barry) (Entered: 10/20/2017) | |
| 10/23/2017 | 50 (2 pgs) |
Order Determining Debtor’s Compliance with Filing Requirements of Section 521(a)(1). Deadline for any creditor or other party in interest to contest the court’s finding shall file an objection not later 21 days from the date of entry of this order (admin) (Entered: 10/23/2017) | |
| 10/25/2017 | 51 (4 pgs) |
BNC Certificate of Mailing (Re: 50 Order Determining Debtor’s Compliance with Filing Requirements of Section 521(a)(1). Deadline for any creditor or other party in interest to contest the court’s finding shall file an objection not later 21 days from the date of entry of this order (admin)) Notice Date 10/25/2017. (Admin.) (Entered: 10/26/2017) | |
| 11/02/2017 | 52 (3 pgs) |
Motion to Extend Time to File Objections to Debtor’s Claimed Exemptions, in addition to Motion to Extend Time to File Section 727 Complaint Objecting to Discharge of Debtor(s) Filed by Trustee Barry E Mukamal. (Laux, Zakarij) (Entered: 11/02/2017) | |
| 11/02/2017 | 53 (1 pg) |
Notice of Hearing by Filer (Re: 52 Motion to Extend Time to File Objections to Debtor’s Claimed Exemptions, in addition to Motion to Extend Time to File Section 727 Complaint Objecting to Discharge of Debtor(s) Filed by Trustee Barry E Mukamal.). Hearing scheduled for 12/13/2017 at 10:30 AM at C. Clyde Atkins U.S. Courthouse, 301 N Miami Ave Courtroom 8 (LMI), Miami, FL 33128. (Laux, Zakarij) (Entered: 11/02/2017) | |
| 11/02/2017 | 54 (2 pgs) |
Certificate of Service by Attorney Zakarij N Laux (Re: 53 Notice of Hearing by Filer filed by Trustee Barry E Mukamal). (Laux, Zakarij) (Entered: 11/02/2017) | |
| 12/07/2017 | 55 (2 pgs) |
Agreed Order Granting Motion to Extend Time to File Objections to Claimed Exemptions (Re: # 52), Granting Motion to Extend Time to File Section 727 Complaint Objecting to Discharge of Debtor(s) (Re: #52) Deadline Extended to 2/1/2018 (Oriol-Bennett, Alexandra) (Entered: 12/07/2017) | |
| 12/08/2017 | 56 (1 pg) |
Certificate of Service by Attorney Zakarij N Laux (Re: 55 Order on Motion to Extend Time, Order on Motion to Extend Time to File Section 727 Complaint). (Laux, Zakarij) (Entered: 12/08/2017) | |
| 12/19/2017 | 57 (9 pgs) |
Notice of Filing Notice of Subpoena Duces Tecum, Filed by Creditor Villa Pizza, LLC. (Castaldi, Angelo) (Entered: 12/19/2017) | |
| 12/29/2017 | 58 (15 pgs) |
Notice of Taking Rule 2004 Examination Duces Tecum of Barney N. Weinkle on January 17, 2018 at 10:00 a.m, EST Filed by Trustee Barry E Mukamal. (Laux, Zakarij) (Entered: 12/29/2017) | |
| 01/17/2018 | 59 (47 pgs; 2 docs) |
Amended Schedules Filed: [Summary of Your Assets/Liabilities,Schedule A/B,Schedule C,Schedule D,Schedule E/F,Schedule I,Schedule J,Declaration re Schedules,] [Fee Amount $31] Filed by Debtor Barney N. Weinkle. (Attachments: # 1 Local Form 4) (Murphree, Gary) (Entered: 01/17/2018) | |
| 02/01/2018 | 60 (4 pgs) |
Second Agreed Ex Parte Motion to Extend Time to File Objections to Debtor’s Claimed Exemptions, in addition to Second Agreed Ex Parte Motion to Extend Time to File Section 727 Complaint Objecting to Discharge of Debtor(s) Filed by Trustee Barry E Mukamal. (Laux, Zakarij) (Entered: 02/01/2018) | |
| 02/02/2018 | 61 (2 pgs) |
Order Granting Motion to Extend Time to File Objections to Claimed Exemptions (Re: # 60), Granting Motion to Extend Time to File Section 727 Complaint Objecting to Discharge of Debtor(s) (Re: #60) Deadline Extended to 4/2/2018 (Oriol-Bennett, Alexandra) (Entered: 02/02/2018) | |
| 02/05/2018 | 62 (1 pg) |
Certificate of Service by Attorney Zakarij N Laux (Re: 61 Order on Motion to Extend Time, Order on Motion to Extend Time to File Section 727 Complaint). (Laux, Zakarij) (Entered: 02/05/2018) | |
| 04/02/2018 | 63 (18 pgs) |
Motion to Compromise Controversy with Debtor Regarding (A) Valuation and Repurchase of Debtor’s Interest in Pending Personal Injury Claims and (B) Potential Avoidance Claims [Negative Notice] Filed by Trustee Barry E Mukamal. (Laux, Zakarij) (Entered: 04/02/2018) | |
| 04/02/2018 | 64 (4 pgs) |
Third Agreed Ex Parte Motion to Extend Time to File Objections to Debtor’s Claimed Exemptions, in addition to Third Agreed Ex Parte Motion to Extend Time to File Section 727 Complaint Objecting to Discharge of Debtor(s) Filed by Trustee Barry E Mukamal. (Laux, Zakarij) (Entered: 04/02/2018) | |
| 04/03/2018 | 65 (1 pg) |
Notice of Hearing (Re: 64 Third Agreed Ex Parte Motion to Extend Time to File Objections to Debtor’s Claimed Exemptions, in addition to Third Agreed Ex Parte Motion to Extend Time to File Section 727 Complaint Objecting to Discharge of Debtor(s) Filed by Trustee Barry E Mukamal.) Hearing scheduled for 04/30/2018 at 09:30 AM at C. Clyde Atkins U.S. Courthouse, 301 N Miami Ave Courtroom 8 (LMI), Miami, FL 33128. (Shuler, Pamela) (Entered: 04/03/2018) | |
| 04/03/2018 | 66 (1 pg) |
Certificate of Service by Attorney Zakarij N Laux (Re: 65 Notice of Hearing). (Laux, Zakarij) (Entered: 04/03/2018) | |
| 04/04/2018 | 67 | Clerk’s Notice of Cancellation of Hearing (Re: 64 Third Agreed Ex Parte Motion to Extend Time to File Objections to Debtor’s Claimed Exemptions, in addition to Third Agreed Ex Parte Motion to Extend Time to File Section 727 Complaint Objecting to Discharge of Debtor(s) Filed by Trustee Barry E Mukamal., 65 Notice of Hearing (Re: 64 Third Agreed Ex Parte Motion to Extend Time to File Objections to Debtor’s Claimed Exemptions, in addition to Third Agreed Ex Parte Motion to Extend Time to File Section 727 Complaint Objecting to Discharge of Debtor(s) Filed by Trustee Barry E Mukamal.) Hearing scheduled for 04/30/2018 at 09:30 AM at C. Clyde Atkins U.S. Courthouse, 301 N Miami Ave Courtroom 8 (LMI), Miami, FL 33128.) (Sanabria, Noemi) (Entered: 04/04/2018) | |
| 04/11/2018 | 68 (2 pgs) |
Order Granting Motion to Extend Time to File Objections to Claimed Exemptions (Re: # 64), Granting Motion to Extend Time to File Section 727 Complaint Objecting to Discharge of Debtor(s) (Re: #64) Deadline Extended to 5/2/2018 (Oriol-Bennett, Alexandra) (Entered: 04/11/2018) | |
| 04/13/2018 | 69 (1 pg) |
Certificate of Service by Attorney Zakarij N Laux (Re: 68 Order on Motion to Extend Time, Order on Motion to Extend Time to File Section 727 Complaint). (Laux, Zakarij) (Entered: 04/13/2018) | |
| 05/01/2018 | 70 (3 pgs) |
Order Granting Motion To Compromise Controversy (Re: # 63) (Oriol-Bennett, Alexandra) (Entered: 05/01/2018) | |
| 05/01/2018 | 71 (3 pgs) |
Certificate of Service by Attorney Zakarij N Laux (Re: 70 Order on Motion to Compromise Controversy). (Laux, Zakarij) (Entered: 05/01/2018) | |
| 05/03/2018 | 72 (2 pgs) |
Order Discharging Debtor (Re: 44 Amended Meeting of Creditors Chapter 7 (No Asset)). (Oriol-Bennett, Alexandra) (Entered: 05/03/2018) | |
| 05/05/2018 | 73 (4 pgs) |
BNC Certificate of Mailing – Order of Discharge (Re: 72 Order Discharging Debtor (Re: 44 Amended Meeting of Creditors Chapter 7 (No Asset)).) Notice Date 05/05/2018. (Admin.) (Entered: 05/06/2018) | |
| 06/28/2018 | 74 (3 pgs) |
Trustee’s Notice of Intent to Abandon Real Property located at: 10066 Bay Harbor Terrace, Unit 10070, Miami Beach, FL 33154; 2014 Mercedes 350 GLK; 9 MM Beretta and 25 cal Beretta [Negative Notice] Filed by Trustee Barry E Mukamal. (Mukamal, Barry) (Entered: 06/28/2018) | |
| 07/13/2018 | 75 (3 pgs) |
Motion to Add Additional Creditors to Creditor Matrix and Obtain Discharge Filed by Debtor Barney N. Weinkle. (Murphree, Gary) **Modified on 7/16/2018 to Correct Verbiage** (Oriol-Bennett, Alexandra). (Entered: 07/13/2018) | |
| 07/13/2018 | 76 (1 pg) |
Notice of Hearing (Re: 75 Motion Motion to Add Additional Creditors to Creditor Matrix and Obtain Discharge Filed by Debtor Barney N. Weinkle.) Hearing scheduled for 08/08/2018 at 09:30 AM at C. Clyde Atkins U.S. Courthouse, 301 N Miami Ave Courtroom 8 (LMI), Miami, FL 33128. (Sanabria, Noemi) (Entered: 07/13/2018) | |
| 07/19/2018 | 77 (4 pgs) |
Trustee’s Interim Report. The trustee has submitted to the Office of the United States Trustee an interim report for the period ending 6/30/2018. The interim report provides information concerning asset administration and an accounting of the financial activity in the case. (Mukamal, Barry) Modified on 7/19/2018 to Correct Period Ending Date (Catala, Nilda). (Entered: 07/19/2018) | |
| 07/20/2018 | 78 (1 pg) |
Certificate of Service Filed by Debtor Barney N. Weinkle (Re: 75 Motion Motion to Add Additional Creditors to Creditor Matrix and Obtain Discharge filed by Debtor Barney N. Weinkle, 76 Notice of Hearing). (Murphree, Gary) (Entered: 07/20/2018) | |
| 08/01/2018 | 79 (22 pgs; 2 docs) |
Amended Schedules Filed: [Summary of Your Assets/Liabilities,Schedule E/F,] [Fee Amount $31] Filed by Debtor Barney N. Weinkle. (Attachments: # 1 Local Form 4) (Murphree, Gary) (Entered: 08/01/2018) | |
| 08/01/2018 | 80 (1 pg) |
Declaration Concerning Schedules Conforming to Official Bankruptcy Form 106 or 202 Filed by Debtor Barney N. Weinkle. (Murphree, Gary) (Entered: 08/01/2018) | |
| 08/07/2018 | 81 (1 pg) |
Notice of Change of Address Filed by Creditor BMW Financial Services NA, LLC. (AIS Data Services (Parmar)) (Entered: 08/07/2018) | |
| 08/07/2018 | 82 (1 pg) |
Notice of Change of Address Filed by Creditor BMW Financial Services NA, LLC. (AIS Data Services (Parmar)) (Entered: 08/07/2018) | |
| 08/07/2018 | 83 (1 pg) |
Notice of Change of Address Filed by Creditor BMW Financial Services NA, LLC. (AIS Data Services (Parmar)) (Entered: 08/07/2018) | |
| 08/07/2018 | 84 (1 pg) |
Notice of Change of Address Filed by Creditor BMW Financial Services NA, LLC. (AIS Data Services (Parmar)) (Entered: 08/07/2018) | |
| 08/07/2018 | 85 (2 pgs) |
Certificate of Service AMENDED Filed by Debtor Barney N. Weinkle (Re: 75 Motion Motion to Add Additional Creditors to Creditor Matrix and Obtain Discharge filed by Debtor Barney N. Weinkle, 76 Notice of Hearing, 78 Certificate of Service filed by Debtor Barney N. Weinkle). (Murphree, Gary) (Entered: 08/07/2018) | |
| 08/14/2018 | 86 (2 pgs) |
Order Granting in part Denying in part Debtor’s Motion to Add Additional Creditors to Creditor Matrix and Setting Deadline for Added Creditors to File a Proof of Claim and Complaint Objecting to Discharge or Dischargeability Re: # 75 (Oriol-Bennett, Alexandra) (Entered: 08/14/2018) | |
| 08/22/2018 | 87 (2 pgs) |
Certificate of Service Filed by Debtor Barney N. Weinkle (Re: 86 Order on Miscellaneous Motion). (Murphree, Gary) (Entered: 08/22/2018) | |
| 09/05/2018 | 88 (15 pgs) |
Final Application for Compensation for Scott N Brown Esq, Attorney-Trustee, Period: 7/26/2017 to 8/7/2018, Fee: $3,750.00, Expenses: $456.47. Filed by Attorney Scott N Brown Esq. (Brown, Scott) (Entered: 09/05/2018) | |
| 03/14/2019 | 89 (4 pgs) |
Objection to Claim of Branch Banking & Trust Company, Bankruptcy [# 2], Branch Banking & Trust Company, Bankruptcy [# 3], Branch Banking & Trust Company, Bankruptcy [# 4] [Negative Notice] Filed by Trustee Barry E Mukamal. (Mukamal, Barry) (Entered: 03/14/2019) | |
| 03/14/2019 | 90 (3 pgs) |
Objection to Claim of Vend Lease Company, Inc. [# 5], [Negative Notice] Filed by Trustee Barry E Mukamal. (Mukamal, Barry) (Entered: 03/14/2019) | |
| 03/14/2019 | 91 (3 pgs) |
Objection to Claim of Villa Pizza, LLC. [# 11], [Negative Notice] Filed by Trustee Barry E Mukamal. (Mukamal, Barry) (Entered: 03/14/2019) | |
| 03/14/2019 | 92 (3 pgs) |
Objection to Claim of Nextwave Enterprises, LLC. [# 13], Nextwave Enterprises, LLC. [# 14], [Negative Notice] Filed by Trustee Barry E Mukamal. (Mukamal, Barry) (Entered: 03/14/2019) | |
| 05/22/2019 | 93 (2 pgs) |
Order Sustaining Objection to Claim No. 5. (Re: # 90) (Valencia, Yamileth) (Entered: 05/22/2019) | |
| 05/23/2019 | 94 (1 pg) |
Certificate of Service Filed by Trustee Barry E Mukamal (Re: 93 Order on Objection to Claims). (Mukamal, Barry) (Entered: 05/23/2019) | |
| 05/24/2019 | 95 (2 pgs) |
Order Sustaining Objection to Claim No. 11 (Re: # 91) (Valencia, Yamileth) (Entered: 05/24/2019) | |
| 05/24/2019 | 96 (2 pgs) |
Order Sustaining Objection to Claim(s) No. 13 and No. 14. (Re: # 92) (Valencia, Yamileth) (Entered: 05/24/2019) | |
| 06/03/2019 | 97 (1 pg) |
Certificate of Service Filed by Trustee Barry E Mukamal (Re: 96 Order on Objection to Claims). (Mukamal, Barry) (Entered: 06/03/2019) | |
| 06/03/2019 | 98 (1 pg) |
Certificate of Service Filed by Trustee Barry E Mukamal (Re: 95 Order on Objection to Claims). (Mukamal, Barry) (Entered: 06/03/2019) | |
| 07/31/2019 | 99 (5 pgs) |
Trustee’s Interim Report. The trustee has submitted to the Office of the United States Trustee an interim report for the period ending 06/30/2019. The interim report provides information concerning asset administration and an accounting of the financial activity in the case. (Mukamal, Barry) (Entered: 07/31/2019) | |
| 08/07/2019 | 100 (2 pgs) |
Notice to Withdraw Document Filed by Trustee Barry E Mukamal (Re: 89 Objection to Claim). (Mukamal, Barry) (Entered: 08/07/2019) | |
| 08/07/2019 | 101 (4 pgs) |
Objection to Claim of Branch Banking & Trust Company [# 2], Branch Banking & Trust Company [# 3], Branch Banking & Trust Company [# 4] [Negative Notice] Filed by Trustee Barry E Mukamal (Mukamal, Barry) (Entered: 08/07/2019) | |
| 10/18/2019 | 102 (2 pgs) |
Order Sustaining Objection to Claim(s) (Re: # 101) (Valencia, Yamileth) (Entered: 10/18/2019) | |
| 10/31/2019 | 103 (1 pg) |
Certificate of Service Filed by Trustee Barry E Mukamal (Re: 102 Order on Objection to Claims). (Mukamal, Barry) (Entered: 10/31/2019) | |
| 10/31/2019 | 104 (1 pg) |
Notice of Compliance Filed by Trustee Barry E Mukamal (Re: 70 Order on Motion to Compromise Controversy). (Mukamal, Barry) (Entered: 10/31/2019) | |
| 02/18/2020 | 105 (3 pgs) |
Objection to Claim of William Aguirre [# 16], [Negative Notice] Filed by Trustee Barry E Mukamal (Mukamal, Barry) (Entered: 02/18/2020) | |
| 03/23/2020 | 106 (2 pgs) |
Order Sustaining Objection to Claim#16 of William Aguirre (Re: # 105) (Rodriguez, Olga) (Entered: 03/23/2020) | |
| 03/23/2020 | 107 (1 pg) |
Certificate of Service Filed by Trustee Barry E Mukamal (Re: 106 Order on Objection to Claims). (Mukamal, Barry) (Entered: 03/23/2020) | |
| 03/30/2020 | 108 (2 pgs) |
Application for Final Compensation for Barry E Mukamal, Trustee Chapter 7, Period: 4/25/2017 to 3/30/2020, Fee: $1,750.00, Expenses: $114.12. Filed by Attorney Barry E Mukamal (Mukamal, Barry) (Entered: 03/30/2020) | |
| 04/03/2020 | 109 (14 pgs) |
Chapter 7 Trustee’s Final Report, Application for Compensation and Application(s) for Compensation of Professionals filed on behalf of the Chapter 7 Trustee. The United States Trustee has reviewed the Chapter 7 Trustee’s Final Report. Filed by U.S. Trustee Office of the US Trustee. (^UST17, SE) (Entered: 04/03/2020) | |
| 04/07/2020 | 110 (10 pgs; 4 docs) |
Notice of Trustee’s Final Report and Applications for Compensation. Filed by Trustee Barry E Mukamal. Objection Deadline: 04/28/2020. (Attachments: # 1 Trustee’s Summary of Requested Fees and Expenses # 2 Certificate of Service # 3 Matrix)(Mukamal, Barry) (Entered: 04/07/2020) | |
| 05/05/2020 | 111 (2 pgs) |
Order Granting Application For Compensation (Re: # 88) for Scott N Brown, fees awarded: $3750.00, expenses awarded: $456.47, Granting Application For Compensation (Re: # 108) for Barry E Mukamal, fees awarded: $1750.00, expenses awarded: $114.12 (Valencia, Yamileth) (Entered: 05/05/2020) | |
| 05/05/2020 | 112 (1 pg) |
Certificate of Service Filed by Trustee Barry E Mukamal (Re: 111 Order on Application for Compensation, Order on Application for Compensation). (Mukamal, Barry) (Entered: 05/05/2020) | |
| 05/07/2020 | 113 (4 pgs) |
Trustee’s Notice of Final Dividends to Creditors. Filed by Trustee Barry E Mukamal. (Mukamal, Barry) (Entered: 05/07/2020) | |
| 12/11/2020 | 114 (2 pgs) |
Notice of Deposit of Unclaimed Funds in the Total Amount of [$ 6.49] with the Clerk, United States Bankruptcy Court for William Aguirre c/o Saenz & Anderson, PLLC 20900 NE 30th Avenue, Suite 800 Aventura, Florida 33180 in the amount of $ 6.49; (Mukamal, Barry) (Entered: 12/11/2020) | |
| 02/01/2021 | 115 (13 pgs) |
Chapter 7 Trustee’s Final Account, Certification that the Estate has been Fully Administered and Application of Trustee to be Discharged filed on behalf of the Chapter 7 Trustee. The United States Trustee has reviewed the Final Account, Certification that the Estate has been Fully Administered and Application of Trustee to be Discharged. The United States Trustee does not object to the relief requested. Filed by U.S. Trustee Office of the US Trustee. Objection Deadline: 03/3/2021. (^UST8, HLB) (Entered: 02/01/2021) | |
| 03/09/2021 | 116 (1 pg) |
Final Decree and Bankruptcy Case Closed. (Cohen, Diana) (Entered: 03/09/2021) |
Editors Choice
A Message for Felon Francis Santa: We Cannot Be Bribed. Stop the Harassment
Once a person has been convicted of a felony, he or she can be considered a felon for life, according to the strict meaning of the word.
Dear Santa…..
DEC. 12., 2022
We’ve set aside your plethora of harassing emails and bribes for many months. Indeed, we have never contacted the ex-wife below, who is desperate to provide more unfavorable information about you, Francis “Frank” Santa.
But now your emails are becoming both incessant and threatening, which means we have to publish all the information for our own safety.
You are a convicted felon Francis “Frank” Santa. Considering your stalking behavior, that makes you a very dangerous and untrustworthy person.
We are stating in this public forum: cease and desist from your writings, threats and stop tryin’ to bribe us with “donations” – which are not donations as they are based on LIF and LIT removing an article about you, which is based on the real truth, no bull.
And remember Francis Santa, you are the one who came charging at us with a takedown request for the Ringel’s, indicted in NYC.
In return, all we did was google you and your business to find out who we were dealin’ with.
That’s when we discovered the information about your criminal past, which was recovered from publicly accessible information.
LIF and LIT didn’t ‘destroy’ you Frank, you did that all by yourself.
May 17, 2022
your-name
Francis Santa
your-email
fs.businessimagelift@gmail.com
your-subject
I am coming hat in hand to you for help.
your-message
Dear Sir/Madam,
I am sincerely and humbly asking you for help. I do not know who I upset to find myself being personally punished on your website but there my be a good reason for which an apology on my part may be need.
If I have wronged someone there I am deeply sorry.
I am a spiritual person and have worked very hard to get to where I am in my life after having my world destroyed 11 years ago.
I have changed and I take responsibility for all my past issues, but more important to me now in life is that if I have done something to someone to offended them even without knowing why, I apologize and more forward.
Please contact me back by email or phone (305)967-3168 so I can make amends.
I do know who has so much dislike for me and took the time to hurt my wife, children and grandchildren and me and but I must have hurt them deeply for the posting to be put up about me.
Last, please understand I am not asking for sympathy or asking you to remove it.
If I have harmed someone in the last 6 years and I am wrong for something I personal did then I deserve it but also if I did nothing I don’t.
Again, please contact me and tell me what I have to do to make things right and discuses this.
Very Respectfully,
Francis
Jun 9, 2022
your-name
Francis Santa
your-email
franksanta054@yahoo.com
your-subject
Need your help
your-message
Dear Sir/Madam,
I sent an email to info@lawsinflorida.com and did not receive a response.
I really need your help, please see attached.
Multi_Upload
https://lawsinflorida.com/wp-content/uploads/wp_dndcf7_uploads/wpcf7-files/Francis-Santa-lawsinflorida.pdf
Jul 22, 2022
your-name
GINA PELLICCIO
your-email
deadmom1960@gmail.com
your-subject
Francis Frank Santa
your-message
I read with great interest your article on my former spouse – what you don’t know is that Mr. Santa is currently in arrears for child support in the amount of $196,000.
I can provide documentation for proof.
I find it quite amusing that this man cries poor mouth, continues to hide assets, resides in a gated community in Boca Raton and has started this bogus foundation.
Leopards do not change their spots –
You do realize he also spent 5 of a 15 year bid in NYS prison for a credit repair scam in which he stole 2.5 MILLION; was prosecuted by DA Morgenthau’s office and was ultimately released to the state of Florida for his parole and probation.
Probation doesn’t give a rat’s ass about what he is doing.
Child Support enforcement doesn’t give a rats ass and good luck trying to get in touch with someone.
I will never see that money he owes – – I can’t even get a life insurance policy on him – something he was to provide for his FIRST born – not the other children he has – one of which is a convicted counterfeitter.
https://www.wpbf.com/article/santa-arrested-in-nordstrom-parking-garage/1311487#
https://www.justice.gov/usao-mdfl/pr/delray-beach-man-sentenced-making-and-possessing-counterfeit-currency
I encourage LIF to contact me.
October 13, 2022
your-name
Francis Santa
your-email
f.michael@businessimagelift.com
your-subject
Need your help ( https://lawsinflorida.com/where-is-he-now-fraudster-francis-santa-was-sentenced-to-88-months-for-conspiracy/ )
your-message
I sent you an email many months ago.
I have put my life back together.
The past 11 years I have paid dearly for what happen.
My family has suffered the most because of the issue.
As for myself I feel that what I went threw changed me and made me a better person and took me off a bad path.
I am trying so hard to move on.
Your article about me is destroying my family.
Please contact me back to see if you can help me in some way to remove or de-index this.
I do understand that you spent a tremendous in research and time posting this.
I have no problem paying and administrative fees that you need.
I am coming to you with hat in hand for your help
Where Is He Now? Fraudster Francis Santa Was Sentenced to 88 Months for Conspiracy
Respectfully,
Francis
December 1, 2022
Donor Comment: I wanted to donate more and will each month when I have extra money.
December 1, 2022
Donor Comment: I would like to also advertise with you.
December 8, 2022
Subject:
francis santa where is he now
From:
the former mrs santa <deadmom1960@gmail.com>
Submitted on: Dec 8, 2022 at 20:26
your-name
the former mrs santa
your-email
deadmom1960@gmail.com
your-subject
francis santa where is he now
your-message
ha ha now he is offering a scholarship???
lol scam people into giving money to his “foundation” that isn’t a 501c3 – so he can give it to “other” charities. Why don’t I just donate to them myself and get the tax write off?
are people that stupid?
December 8, 2022
your-name
FORMER MRS SANTA
your-email
DEADMOM1960@GMAIL.COM
your-subject
FRANCIS SANTA – WHERE ARE THEY NOW
your-message
YOU MIGHT ALSO BE INTERESTED IN KNOWING THAT IN ADDITIONAL TO THE HUNDREDS OF PEOPLE MR SANTA HAS SCAMMED – HE CURRENTLY OWES OVER 195000 IN BACK CHILD SUPPORT WHILST LIVING LARGE IN BOCA – HE HAS MADE HIMSELF UNTOUCHABLE SINCE NO ASSETS ARE IN HIS NAME.
ARE YOU ALSO AWARE THAT HE SERVED 5-15 IN NYS PRISON FOR A DEBT RELIEF SCAM?
December 12, 2022
I am waiting patiently to talk to you regarding your posting on LIF. I am being as respectful as I can at this time.
I know you own the site along with LIT and you are responsible for the posting.
You have turned my life upside down for no reason. The internet can be very cruel.
I have suffered enough with my family and you have put my life in danger.
I could understand if I did something wrong but that is not the case.
Please remove the posting or de-index it from the search engines. I am not the only person you did this to for no reason.
What I find interesting is that you are a media company helping people and you are also a company that destroys people.
Do your clients know this?
All I want is for you to remove the posting.
You have hurt me for more than 9 months.
I think that you made your point (whatever it was)
Donor Comment: Thank you
Boca man pleads guilty to conspiring to bribe bankers and fake financial documents
AUG 9, 2011 | REPUBLISHED BY LIT: APR 22, 2022
WEST PALM BEACH — The owner of a Boca Raton company pleaded guilty Wednesday to conspiring to bribe local bankers and falsify financial documents to secure more than $1.5 million in fraudulent small business loans and lines of credit.
Francis Santa admitted orchestrating what federal prosecutors have described as an unique form of fraud: enlisting corrupt bankers to approve business loans for clients with poor credit histories. Santa and his employees at Palm Beach Business Consultants attempted to push through more than $10 million in bogus loans and lines of credit since the firm opened in 2003, according to the U.S. Attorney’s Office.
After federal authorities caught on to Santa’s scheme, he began working with them and agreed to introduce an undercover FBI agent to the bankers. The sting culminated in January with the arrests of 15 people, including Santa, a Broward Schools assistant principal, a former Broward Sheriff’s investigative aide and seven Broward and Palm Beach bankers.
YOUR DONATION(S) WILL HELP US:
• Continue to provide this website, content, resources, community and help center for free to the many homeowners, residents, Texans and as we’ve expanded, people nationwide who need access without a paywall or subscription.
• Help us promote our campaign through marketing, pr, advertising and reaching out to government, law firms and anyone that will listen and can assist.
Thank you for your trust, belief and support in our conviction to help Floridian residents and citizens nationwide take back their freedom. Your Donations and your Voice are so important.
Fake Documents
Florida Clerks Want to Stop Property Deed Scammers, Unlike Texas Where the Judiciary are the Scammers
On our main website at LIT (lawsintexas.com) we’ve been publishing the real facts about corrupt lawyers, judges and Texas citizens involved in fraudulent deeds.
Northeast Florida Clerks of Court team up against property and mortgage fraud
Clerks in Baker, Clay, Duval, Nassau, Putnam & St. Johns urge residents to sign up for free fraud alert services
OCT 24, 2022 | REPUBLISHED BY LIT: OCT 25, 2022
JACKSONVILLE, Fla. – The Clerks of Court for Baker, Clay, Duval, Nassau, Putnam and St. Johns counties want the residents they serve to take advantage of free property fraud alert services offered by each of their offices.
The clerks joined forces Monday to urge property owners to protect themselves against scammers who would steal their homes, vacant land or business property through fraudulent deeds or other official records.
“Property and identity fraud are national and local problems that can have a serious impact,” said Putnam County Clerk Matt Reynolds. “By taking advantage of this service offered by the Clerk of Circuit Court and Comptroller’s Office, citizens can get ahead of fraud and protect the things we have all worked so hard to achieve.”
Reynolds and Clerks Stacie D. Harvey, Tara S. Green, Jody Phillips, John A. Crawford and Brandon J. Patty launched a regional campaign to highlight a shared webpage that provides property fraud signup links in all six counties.
Donate Today – Laws In Texas https://t.co/JNHI8v2JhJ https://t.co/RXxg1eFwwm pic.twitter.com/ducKt2TC8G
— lawsinusa (@lawsinusa) October 15, 2022
The webpage is accessible through both www.ProtectYourFloridaProperty.com and www.ClerksAgainstFraud.com.
“Northeast Florida Clerks are united to fight property fraud across the region, as criminals don’t stop at the county line,” said St. Johns County Clerk Patty.
Property fraud is when someone illegally uses your property for financial gain. A common example is when a scammer creates a fraudulent document that will deed your home to them and then records that document in a county’s official records.
“We are now seeing instances where your home and property can be digitally stolen from you by the filing of a fraudulent deed by scammers miles and miles away,” said Baker County Clerk Harvey.
But property owners themselves can easily discern if ownership of their home or business has been modified — if they are notified that a change has occurred.
“Receiving notifications that something may be amiss is the first step to fighting back. We encourage all property owners to register for this free service that your Clerks have implemented for your protection,” said Nassau County Clerk Crawford, who recently launched the county’s new property fraud alert service.
To combat the nationwide rise in property and mortgage fraud, identity protection companies charge monthly or annual fees to monitor your official records. But your local Clerk of Court offers a free do-it-yourself option — simply subscribe to receive alerts when an official record document is recorded in your name(s) with that office.
“We ask property owners to partner with us, as we work to eliminate the attempts to steal homes and land,” said Clay County Clerk Green. “Bad actors might get away with a fraudulent filing, but an alert sent to a registered property owner will quickly follow that allows the property owner to intervene.”
THE RENT TO BUY SCAM IS ALL OVER HOUSTON AND BANDIT LAWYER CLAY VILT DOMINATES THE MARKEThttps://t.co/wEImpZJrD3 pic.twitter.com/h577rfBJoy
— lawsinusa (@lawsinusa) October 22, 2022
Like paid commercial alert systems, the free noticing service does not prevent a fraudulent action from occurring.
As a county’s recorders of deeds and mortgages, Clerks of Court document property records but are not authorized to determine the validity of the record.
“Although the notification won’t stop the fraudulent transaction, it will give the property owners the opportunity to right the wrong before it’s too far gone!” Harvey said.
Local realtor Jonathan Daugherty, since 2009, says he’s gotten calls about home that were not for sale.
He thinks the alert system will help homeowners.
“I think it’s a great tool and it sounds like it’s pretty easy for people to do,” said Realtor Jonathan Daugherty with Realtor Future Home Realty.
The free notification service provides an early warning system for subscribers, giving them a tool to become aware of fraudulent activity that may have otherwise gone undetected. Once notified, a property owner knows to contact law enforcement, seek legal advice, or even file a case in civil court.
“Property fraud alerts give individuals and businesses the tools they need to proactively monitor recorded documents and stop property fraud at its very source,”
Duval Clerk Phillips said.
“I greatly appreciate my fellow Clerks joining with me on the front steps of the Duval County Courthouse today as we present a united front against those who would seek to steal from our communities.”
Visit the website, accessible through ProtectYourFloridaProperty.com or www.ClerksAgainstFraud.com, to sign up for this free service in each of these participating counties.
Here are some tips from the FBI to make sure you are not a victim of this kind of fraud:
Get referrals for real estate and mortgage professionals.
Check the licenses of the industry professionals with state, county, or city regulatory agencies
If it sounds too good to be true, it probably is.
Promises of big profits in a small amount of time are signals of concern
Be wary of unsolicited contacts and high-pressure sales online or over the phone
We’re all LIT up on the Foreclosure Scam Squad Series. Y’all citizens are takin’ notice and writing to us. That’s fantastic. We want to expand from Harris County to ALL Counties in Texas. We need Your Support n’ Donations to Make this Reality. Donate Todayhttps://t.co/JNHI8vkSvR pic.twitter.com/s0BFsknX5J
— lawsinusa (@lawsinusa) October 14, 2022
YOUR DONATION(S) WILL HELP US:
• Continue to provide this website, content, resources, community and help center for free to the many homeowners, residents, Texans and as we’ve expanded, people nationwide who need access without a paywall or subscription.
• Help us promote our campaign through marketing, pr, advertising and reaching out to government, law firms and anyone that will listen and can assist.
Thank you for your trust, belief and support in our conviction to help Floridian residents and citizens nationwide take back their freedom. Your Donations and your Voice are so important.
Editors Choice
Where Is He Now? Fraudster Francis Santa Was Sentenced to 88 Months for Conspiracy
Now Frank’s Out After Snitchin’ to Obtain a Lighter Sentence from Judge Kenneth Marra for Financial Institution Fraud, He’s Been In Touch with LIT.
United States v. Santa
(9:11-cr-80007)
District Court, S.D. Florida
JAN 11, 2011 | REPUBLISHED BY LIT: APR 22, 2022
Factual Proffer
On August 10, 2011, movant entered into the following factual proffer with the government used to support his guilty plea, which he thereafter acknowledged as correct during his change of plea hearing:
If this case had proceeded to trial, the Government would have established beyond a reasonable doubt that defendant FRANCIS SANTA did knowingly and willfully conspire with others to execute and cause the execution of a scheme and artifice to defraud financial institutions through the submission of fraudulent line of credit applications and related financial documents on behalf of unqualified borrowers.
In approximately 2003, FRANCIS SANTA began operating Palm Beach Business Consultant, Inc. (PBBC), a Florida corporation located in Boca Raton, Florida.
PBBC was in the business of preparing fraudulent loan package for individuals who lacked the income, credit scores and/or collateral to qualify for legitimate loans and/or lines of credit.
To induce clients to use PBBC’s services, SANTA represented that he had arrangements with numerous bankers who would push through fraudulent loans and/or lines of credit for PBBC clients. Indeed, SANTA claimed that he could get clients up to $300,000 in loans and/or lines of credit from these bankers.
He further represented that he had employees who were skilled at creating fraudulent loan and/or line of credit packages so that the PBBC clients would appear to be qualified, when in fact they were not.
To take advantage of SANTA’S services, the clients were required to pay SANTA fees ranging from $12,500 to $25,000.
The fees were paid up- front or after the loan and/or line of credit was funded by the bank.
SANTA hired several employees who were responsible for preparing the fraudulent loan and/or line of credit application packages for PBBC clients.
These co-conspirators, including Rodney Kahane and Daniel Paine and the non-law enforcement loan applicants, prepared fraudulent loan and line of credit applications in which they falsely reported the applicant’s income, and in many instances, included false and fraudulent financial documents, including false tax returns, false balance sheets and false income statements.
SANTA worked with numerous local bank officers who would facilitate the processing of the fraudulent loan applications in return for a kickback – typically cash, an American Express gift card or other means of remuneration.
In most instances, the fraudulent line of credit applications were approved by the banks. The applicants would take possession of the line of credit proceeds and withdraw funds against the lines of credit.
In almost all instances, the applicants were not able to repay the lines of credit, which resulted in substantial losses to the banks.
Between at least as early as September 13, 2005, through at least May 28, 2009, SANTA actively prepared and submitted loan documents based upon fictitious facts for at least thirty-two individual loans.
These loans were submitted on behalf of clients of PBBC utilizing false documents which were prepared by co-conspirators Kahane and Paine. These loans were submitted through bank officers at Wachovia Bank, Bank of America, Fifth Third Bank, Regions Bank, Suntrust Bank, Commerce Bank, and National City Bank, through co-defendant bank officers CHRISTOPHER BROORKS, DAVID MCGUIRE, and others.
A listing of the fraudulently applied for loans, including the date, the amount, the bank and banker involved and whether the loan was funded is attached hereto and made a part of this factual stipulation supporting the factual basis for the entry of the plea of guilty.
SANTA admits that the amount of the loans sought through his criminal activities was $2,658,000.00 and that the banks suffered an actual loss of $1,502,465.04 as a result of these fraudulently obtained loans.
The charge to which defendant SANTA is pleading guilty is conspiracy to commit fraud on financial institutions.
Santa is ‘Representing Mr. and Mrs Esposito’ in a ‘Removal Request’ via his Business, operating online at BusinessImageLift.com for an alleged article identified by his email, on a sister site at LawsInTexas.com. Note: Mrs. Esposito was formally indicted as Melissa Ringel, not Esposito, and both Esposito and Ringel have criminal cases pending in NY Supreme Court, before Justice Rodney.
Sentencing Guidelines
Prior to the sentencing hearing, the probation officer prepared a PSI wherein, movant was assessed a base offense level of
7.
(PSI§139).
Notwithstanding the probation officer’s initial calculations, because the loss was more than $2,500,000, but not more than $7,000,000, the offense level was increased by 18 levels.
(PSI§140).
Likewise, because the offense involved sophisticated means and since movant was determined to be an organizer or leader of the criminal activity that involved five or more participants, the offense level was increased by an additional six levels.
(PSI§§141,143).
Movant’s adjusted offense level was 31. (
PSI§145).
However, because movant demonstrated acceptance of responsibility, his offense level was reduced by three levels, ultimately setting his total offense level at 28.
(PSI§§147-149).
The probation officer further determined movant had a total of 8 criminal history points and a criminal history category of IV.
(PSI§§155-157).
Based on a total offense level of 28 and a criminal history category of IV, movant’s guideline imprisonment range was
110 to 137 months.
(PSI§193).
Francis ‘Frank’ Santa’s New Defense Counsel became a Criminal Judge (The Honorable Scott Suskauer)
On the same day objections to the PSI were filed, defense counsel also filed a motion for downward variance and/or downward departure based upon the 18 U.S.C. §3553(a) factors and movant’s extensive cooperation with the government.
(Cr-DE#315).
A few days later, defense counsel Richard L. Rosenbaum moved to withdraw from the case, which was granted and a notice of appearance was filed by Scott Ira Suskauer.
(Cr-DEs#317,323,324).
Attorney Suskauer filed amended objections, adopting prior counsel’s objections to the PSI, and further argued movant should only be held responsible for the actual loss amount and that the intended loss should not be calculated as part of the determination of the proper sentencing guideline.
(Cr-DE#322).
In response, the government opposed movant’s request for a downward variance/departure.
(Cr-DE#335).
Although the government admitted movant’s cooperation resulted in the arrest and prosecution of the co-defendants charged in the information in the underlying criminal proceedings, it nonetheless argued movant had committed unauthorized criminal acts while working with the FBI, which were discovered without the assistance of the movant, in violation of the cooperation agreement.
(Id.).
The government also opposed the movant’s objections to the PSI arguing that movant should be held responsible for the intended loss amount and not solely the actual loss.
(Cr-DE#334).
Then, on November 29, 2011, defense counsel filed a memorandum in aid of sentencing wherein movant’s good character was highlighted, and further reminded the Court of movant’s acceptance of responsibility, along with his extensive cooperation efforts with the government.
(Cr-DE#337).
Specifically, movant argued that his cooperation outweighs anything he may have done to offset the benefit that the government had already received and would continue to receive.
(Id.).
We get it though, Frank must be upset reading LIF when he sees Lawyers thievin’ millions, more than his amount and they are operating like nothing happened, livin’ the millionaire beach bum lifestyle in Florida.
Sentencing
Following defense counsel’s sentencing memorandum, on December 1, 2011, movant appeared for sentencing.
(Cr-DE#339).
During the hearing, defense counsel argued the intended loss was not the actual loss amount, therefore, movant was inappropriately assessed 18 levels instead of 16 levels.
(Cr-DE#351:3).
Following argument by both parties on this matter, the Court overruled the objection.
(Id.:19).
Next, defense counsel objected to movant’s role assessment arguing movant’s role was only that of manager to two individuals; however, the Court also overruled this objection.
(Id.:19-21).
Counsel then proceeded with his argument on his motion for downward variance or departure.
(Id.:21).
In doing so, counsel focused on movant’s extraordinary efforts with cooperation and noted that as a result of movant’s cooperation, 27 individuals had been convicted with others under investigation at that time.
(Id.:23-29).
In response, the government argued that based on three instances, it could not file a 5K1 motion because movant had committed wrongful acts in violation of his obligations to cooperate.
(Id.:33).
The government did not dispute that movant had provided extraordinary assistance; however, based on the specific requirements of the cooperation agreement, which encompassed movant not doing anything illegal again, he could not be a beneficiary of a 5K1 motion.
(Id.:33-37).
Following further argument from the government and closing remarks from defense counsel, the Court, after having considered the statements of all the parties, the PSI, as well as statutory factors set forth in 18 U.S.C. §3553(a)(1) through (7),
based on his cooperation, sentenced movant below the guideline range and imposed a sentence of 88 months, restitution totaling $1,502,465.04, followed by five years of supervised release. (Id.:37-45).
The Clerk entered judgment on December 2, 2011.
LIF COMMENT; BASED ON AN 88 MONTH SENTENCE, THIS WOULD MEAN AN ANTICIPATED FEDERAL PRISON RELEASE DATE OF: Tuesday, April 2, 2019 AND FRANCIS SANTA’S PROBATION WOULD END, IF COMPLETED WITHOUT INCIDENT, 60 MONTHS THEREAFTER; Tuesday, April 2, 2024 – SO FRANK’s STILL ON PROBATION AT THIS TIME AND THERE’S NOTHING ON THE COURT RECORDS WE COULD FIND INDICATING HOW MUCH OF THE $1.5M RESTITUTION HE HAS REPAID.
(Cr-DE#340).
No direct appeal ensued.
The judgment of conviction in the underlying criminal case became final at the latest on December 16, 2011, fourteen days after the entry of the judgment, when time expired for filing a notice of appeal.1
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
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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