asst us atty handberg-failure of justice

8/13/2019 Asst US Atty Handberg-Failure of Justice

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Main Office400 Nonh Tampa Street, Suite 3200 300 Nonh Hogan Street, Suite 7o oampa, Florida 33602 Jacksonville, Florida 32202-4270813/274-6000 904/301-6300813/274-6200 (Fax) 904/301-6310 (Fax)

211 0 First Street, Suite 3-137 u s epartment o Justice 501 West Church Street, Suite 300on Myers, Florida 33901 Orlando, Florida 32805239/461-2200 United States Attorney 407/648-7500239/461-2219 (Fax) 407/648-7643 (Fax)Middle District ofFlorida

Reply to: Orlando, Florida

August 1 2007

VIA UNITED STATES MAILNeil J. Gillespie8092 SW 115th LoopOcala, Florida 34481

Re: Your July 6, 2007 letterDear Mr. Gillespie:

This is in response to your July 6, 2007 letter. As you know, I am no longer withthe Florida Attorney General's Office. I left that office at the end of 2002, and I havehad no professional dealings with Ace Cash or any of the payday loan cases since mydeparture. For that reason and others, I do not believe that I am the appropriate personto whom your letter should be directed. As a federal prosecutor, I am primarilyresponsible for prosecuting violations of federal law that are investigated by lawenforcement. Your request for an investigation needs to be directed to an investigating


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o oNeil J Gillespie8092 SW 115 th Loop

Ocala, FL 34481Telephone: (352) 854-7807email: [email protected] RECEIVED

U.S. ATTOR NFY S OFFlCEllU 09 Z 7

July 6 2007 MIDDLE DISTRICT at=: FLORIDAORLANDORoger B. Handberg, AssistaUS Attorney Office501 W. Church Street, SuiteOrlando, FL 32805-2281

nt US Attorney300

Dear Mr. Handberg,Some time ago, in your position with the Florida Attorney General, your officeintervened in a lawsuit where I was a plaintiff in a "payday loan" lawsuit, Neil Gillespie

v. CE Cash Express Inc. case no. 8:00-CV-723-T-23B, in United States District Court,Middle District of Florida, Tampa Division. I met you during a mediation June 12,2002,at the office of Gasper J. Ficarrotta. Just prior to the mediation I called ACE s counsel,Paul Watson, to complain about my own lawyers' behavior and to try to settle myinvolvement in the lawsuit. I am writing you about the crimes of my former lawyers.

My lawyer was William J. Cook of Barker, Rodems Cook, P.A. Mr. Cookbegan representing me while he was with the firm Alpert, Barker, Rodems, Ferrentino


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Roger B Handberg, s ~ n t US Attorney o Page - 2July 6 2007includes Mr. Alpert throwing coffee in the face of opposing counsel during a mediation.Nonetheless I prevailed on Mr Cook s motion to dismiss and Judge Nielsen found Istated a cause of action for fraud and breach of contract. Ryan Rodems is representingMr. Cook and the firm, and shortly thereafter he filed a false affidavit about a threat ofviolence. A voice recording of the conversation later proved Mr. Rodems lied,committed perjury, and Judge Nielsen recused himself. The antics continued with JudgeIsom, and she recused herself. Now Judge Barton has the case. In April, 2007 I found alawyer in Gainesville willing to take the case, Robert W Bauer, but the case has beendamaged due to Mr. Rodems perjury and obstruction ofjustice.

My former lawyers are incompetent, not just because they failed to prevail in anyof the payday loan claims, but because of the coffee-throwing and other antics. In myview these lawyers are little more than criminals with law degrees. Their behavior isoutrageous, and certainly more grievous than that of the payday lenders they sued.

I am writing you today about the criminal fraud by my former lawyers. Also, I amcomplaining about Mr. Rodems perjury, obstruction ofjustice, and his threats ofcriminal prosecution issued to me during the course of litigation. The local state attorney,Mark Ober, has not responded to my correspondence.

Enclosed you will find Plaintiffs Motion for Punitive Damages Pursuant toSection 768.72 Florida Statues, with supporting exhibits 1 through 50. I believe thisdocument sets forth the facts needed to assist with your evaluation of my request. Alsoenclosed is an micus curi e brief in the Illinois case of Cripe v Leiter. Amicus HALTargued that over-billing a client is not part of the practice oflaw and that lawyers aresubject to statutory consumer protection law in dealing with their clients.

Thank you for your consideration.


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c oNeil J Gillespie8092 SW 115 h Loop

Ocala, FL 34481

VIA UNITED STATES CERTIFIED MAILArticle no.: 7006010000073366 1075October 2, 2007Roger B Handberg, Assistant US AttorneyUS Attorney Office501 W. Church Street, Suite 300Orlando, FL 32805-2281Dear Mr. Handberg,

Thank you for your letter ofAugust 1 2007. After reading your response, I amconfused when you directed me to an investigating agency for an investigation of myformer lawyers' criminal conduct. In my letter to you of July 6, 2007, I wrote that Icontacted the local State Attorney, Mark Ober, but that he did not respond to mycorrespondence. I also provided you copies ofmy letters to Mr. Ober as exhibits toPlaintiffs Motion for Punitive Damages Pursuant to Section 768.72 Florida Statues,specifically three letters grouped as exhibit number 47, letters dated March 7 th, 16 1h and24Ih 2006. In addition, I wrote Mr. Ober on July 15,2006 requesting a reply to mycorrespondence, but he did not respond. Isn't Mr. Ober, the State Attorney for theThirteenth Judicial Circuit, the proper investigating agency? If not, who is?


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c oU.S. Postal Service c'

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"PADDOCK BRANCH POST OFFICE"OCALA, Florida3447499981143840606 -009310/02/2007 (352)861-8188 03:28:24 PProduct S a l ~ s ReceiptSale Unit Fi nalDescription Oty Pri ce PriceORLANDO FL 32805 Zone-2First-Class Letter0.50 oz.Return Rcpt (Green Card)Certified

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Issue PVI: $5.21Total: $5.21Paid by:Cash $5.25Change Due: -$0.04Order stamps at USPS. com/shop or call1-800-Stamp24. Go to USPS.com/clicknshipto print shipping labels with postage.For other information call 1-800-ASK-USPS.Bill#: 1000701736984Clerk: 02


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STATE OF FLORIDADEPARTMENT OF BANKING AND FINANCEANDOFFICE OF THE AnORNEY GENERAL

IN RE:ACE CASH EXPRESS, INC. d/b/aACE AMERICA S CASH EXPRESS, DBF CASE NO : 9177-F-9/02

ISETILEMENT AGREEMENT

The Florida Department of Banking and Finance, Division of Securities and Finance("DBF"), the Office of the Attorney General (UAttorney General") and ACE Cash Express, Inc.d/b/a ACE America's Cash Express ("Respondent" or "ACE") agree as follows:

1. JURISDICTION. OBF is charged \vith the administration of Chapter 516, 560,and 687, Florida S t a t u t e s ~ and the Attorney General is charged \vith the administration ofChapters 501, 559, 687, 895 and 896, Florida Statutes. This agreement applies to Floridatransactions only.

2 BACKGROUNDAttorney General


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entities Gnd individuals ~ o l l . \ o l i , l l 1 e d ~ c l s e No. 99 09730 in the Circuit Court forthe Thirteenth Judicial District ofFlorida (the Clement case); and etls v. AceCash E x p r ~ s 927 So.2d 294 (Fla. 5th DCA 2002), (the Betts case). DBF wasnot a named party in either case.b. ACE and the other defendants disagreed with the claims made by thePlaintiffs and the Attorney General in each of those cases.c. The Attorney General's Inotion to intervene in the Betts case was denied.d. In the Clement case, the individual Plaintiffs' clailns were dismissed withprejudice, leaving the Attorney General as the sole Plaintiff. The AttorneyGeneral's RICO claims were dislnissed with prejudice and are subject ofapending appeal before the Second District Coul1 ofAppeaJ ofFlorida styled )tateofFlorida Qffice of the AI/oriley General v. Zilliox Case No. 2002-2340(consolidated with Case No. 2002-3] 13). All of the claims asserted y the

Attorney General in the Clement case are to be settled pursuant to thisAgreement, with the Attorney General voluntarily dismissing their claims.


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Department of Banking and Financeg. Goleta National Bank, a national bank located in Goleta, California( Goleta ), has offered loans to residents of Florida since April 2000. ACE hasprovided agency services to Goleta related to those loans in Florida. On October25 and 28, 2002. ACE and Goleta entered into separate consent orders with theOffice of the Comptroller of the Currency of the United States ( OCC ), pursuantto which Goleta agreed, among other things, to generally cease the origination,renewal and rollover of its loans in Florida and ACE agreed, among other things,

to generally cease providing services to Goleta related to the origination, renewaland rollover of such Goleta loans, both by no later than December 31, 2002.Goleta, ACE and the OC..c agreed that the loans provided by Goleta and servicedby ACE were made pursuant to 12 U.S.C. 85 and that the interest rate chargedby Goleta was permissible under the laws of the United States for national bankslocated in the State ofCalifornia. DBF was not a party to the agreement between


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under Part II Chapter 560, Florida Statutes. The DBF will issue that license, aswell as the license authorizing ACE to act as a Deferred Presentment Providerunder Part IV, Chapter 560, Florida Statutes, on or before the effective date of thisAgreement. Ace agrees that future transactions involving the transmission offunds will be governed by the provisions of Part II, Chapter 560, Florida Statutes,and ACE will comply with those provisions in all future transactions.i ACE is licensed with DBF as a Check Casher under Part III, Chapter 560,Florida Statutes.Pu roose and IntentJ. The parties wish to resolve and to release any clailns that were asserted, orcould have been asserted, or could be asserted, because of or arising from theinvestigation, litigation, r regulatory review conducted by the DBV or theAttorney General.k. The DBF agrees that ACE has fully cooperated with it in this matter.I It is the intent of the parties that this agreement be implemented promptly,


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3. CONSIDERATION ACE, the DSF, and the Attorney General agree as follows:8 ACE will cease providing agent services to Goleta in connection with theorigination,: -enewal, or rollover of any Goleta loans in the State of Florida byDecember 31, 2002. ACE may, howevef, continue to provide services to Goletarelated to the servicing and collection of Goleta loans originated, renewed, orrolled overin the State of Florida before January 1 2 ~ 3 subject to paragraph3(g) below.b. ACE has applied fOf and DBF agrees to issue upon the issuance of thefinal order contelnplated by this agreelnent, a license with an effective date ofDecember 30, 2002, authorizing ACE to act as a Deferred Presentment Providerunder Part IV, Chapter Florida Statutes. ACE agr,ees not to enter into anydeferred presentment trapsactions in Florida unless such deferred presentmenttransactions are completed in accordance with Part IV-, Chapter 560, FloridaStatutes. DBF agrees that ACE may act as a Deferred Presentment Provider underPart IV, Chapter 560 Florida Statutes, and as a Funds Transmitter under Part II,


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c. ACE represents and warrants that it has obtained the consent ofGoleta sothat no Goleta loans entered into before the effective date of this Agreement willbe extendect (except for the custolners five-day extension options that are part ofthe terms ofoutstanding loans) or converted, without full payment by the Goletalo n customers, to any other type of transaction. Where applicable. ACE agreesthat it will not otler deferred presentlnent services to a Goleta loan customerunless that customer s Goleta loan is r ~ p i d or cancelled in accordance withparagraph 3(g)-below. DBF agrees that the continued services provided underthe Goleta loan prograln authorized by this s u p ~ r g r p h and by paragraph 3(a)above are consistent with the public interest and will not constitute a violation ofthis Agreement or any applicable including but not lilnited to Chapters 501,516 559 560, 687, 8951lnd 896, Florida Statutes., or any Rules related to thosestatutes.d. DBF agrees to issue to ACE licenses pursuant to Part II Chapter 560,Florida Statutes, and Part IV Chapter 560 Florida Statutes, with an effective date


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e. DBF acknowledges that no additional in.formation is needed from ACE forit to issue the Ijcenses contemplated by this Agreement..f ACe agrees to pay a total of $500,000 in settlement and for issuance byDBF of authorizations, licenses, or other approvals necessary for ACE to continuein business in Florida, and for the releases in paragraphs 7 and 8 below. Of the$500.000 total settlelnent, ACE has agreed to pay $250,000 to the DBFRegulatory Trust Fund in full satisfaction of all attorney's fees costs, and otherexpenses incurred by the DBF in connection with this matter and ACE has agreedto deliver to the Attorney General, a contribution of 250,000 to the Florida StateUniversity College of Law in full satisfaction of all attorney's fees costs andother expenses incurred by the Attorney General in connection with this matter.These amounts will be by check, and will be delivered to the DBF or theAttorney General upon entry of the Final Order as provided for herein.g. ACE represents and warrants that it has obtained the consent of Goleta sothat loans that are delinquent as of October I 2002. and remain unpaid as of the


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I In addition to the amount specified in paragraph 3(f) above, ACE will payup to 15,000 for an independent audit of the loan cancellations provided inparagraph above, the credit reporting notifications provided in paragraph 3(h) above, and verification of compliance with the transition from the Goleta loanproduct to the state licensed product contemplated in paragraph 3(b) and 3(c)above. DBF will select the independent auditor, after consultation with ACE.The independent auditor selected will be required to report to the DBF within 90days of the selection.j The entry ofa Final Order by OBF in the form of the Attachment to thisagreement.k. Within 10 days after the entry of the final order contemplated herein, theAttorney General will ~ m s s with prejudice its lawsuit, Eugene R. Clement alldNeil Gillespie and State o Florida. qffice o the Attorney General Department oLegal Affairs vs. ACE Cash Express IIlC. Altemative Financial Inc. JS o the .Treasure Coast blc. .Raymond C. Hemmig DOllaldH. Neustadt Kay D. Zil/iox


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4. CONSENT. Without adlnitting or denying any wrongdoing Respondentconsents to the issuance by the DBF of Final Order in substantially the form of the attachedFinal Order which i n o r p ~ r t e s the terms of this Agreelnent.

5. FINAL ORDER. The Final Order incorporating this Agreelnent is issuedpursuant to Subsection 120.57 4),. Florida Statutes and upon its issuance shall be a finaladministrative order.

6. WAIVERS. Respondent knowingly and voluntarily waives:a. its right to an adlninistrative hearing provided for by Chapter 120, FloridaStatutes . to contest the specific agreements included in this Agreement;b. any requirelnent that the Final Order incorporating this Agreenlent containseparately stated Findings of Fact and Conclusions ofLaw or Notice ofRights;c. its right to the isslJance of Recommended Order by an administrative lawjudge froln the Division of Adlninistrative Hearings or froln the DBF;d. ny and all rights to object to or challenge in any judicial proceedingincluding but not limited to an appeal pursuant to Section 120.68 Florida


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7. ATIORNEY GENERAL R ~ L E A S E The Attorney Genera]9 for himselfandhis predecessors. successors and assigns, hereby waives, releases and forever discharges ACE, itspredecessors, successors, aniliates, subsidiaries and parent corporations, shareholders, directors,officers, attorneys, employees, agents franchisees and assigns, and Goleta, and its predecessors,successors, affiliates, subsidiaries and parent corporations, shareholders, directors, officers,attorneys, employees, agents, franchisees and assigns (collecti,vely, the ACE Released Parties ),from any and all claims, demands causes of action suits, debts, dues duties, sums of money,accounts, fees, penalties, damages, judglnents'l Iiabi-tities and obligations, both contingent andfixed, known and unknown foreseen and unforeseen. anticipated and unanticipated, expectedand unexpected, related to or arising out of Goleta's r ACE's oper tions in Florida prior to theeffective date of this agreement. This release includes but is not limited to, any claims related toany loans m a d e ~ renewed, or rolled over.bY Goleta in Florida and any services provided by ACEor its franchisees related thereto any clainls related to any violation of Chapters 501,516,559,560,687, 772, 895 and 896, Florida , \ l a { l I l e : ~ , any clailns related to check cashing servicesprovided prior to the effective date ofPart IV, Chapter 560, Florida L ~ t a / l i t e s , and any claims


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and on behalf of the ACE Released Parties, accepts this release and waiver by the AttorneyGeneral without in any way acknowledging or adlnitting that ny such cause of action does orm y exist, and ACE, for i t ~ l f and on behalfof the ACE Released Parties, expressly denies thatany such right or cause of action does in fact exist. Respondent hereby w i v e s ~ releases andforever discharges the Attorney General and his respective employees agents, ndrepresentatives (collectively, the l Attorney'General Released Parties ) from ny causes of action'in law or in equity, which Respondent may have arising out of the specific matters d d r e ~ s e d inthis agreement. The Attorney General, for themselves and the Attorney General ReleasedParties, accept this release and waiver by Respondent without in any way acknowledging' oradmitting that ny such cause of action does or may exist, the Attorney General, for himself andthe Attorney General Released Parties, expressly deny that any such right or cause of action doesin fact exist.

8 DEPARTMENT O BANKING AND FINANCE RELEASE. The DBF, foritself and its predecessors, successors and assigns, hereby waives, releases and foreverdischarges ACE and its predecessors, successors, subsidiaries and parent corporations,


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services or loans in l o r i d ~ \vhere such conduct occurred prior to the effective date of thisAgreement.. This release includes but is not liJnited to, any claims related to any loans made,renewed, or rolled over by poleta in Florida and any services provided by ACE or its franchiseesrelated thereto, any claims related to any violation ofChapters 501, 516, 559, 560,687, 772, 895and 896, lorida S tatllles any claims related to check cashing selVices provided prior to theeffective date of Part IV, Chapter 560, F/orid J Ill l l l les, and any claims related to any licensingrequirements for the services provided by ACE to its custolners in Florida prior to the effectivedate of this Agreelnent. ACE, for itself and on behalfof the ACE Released Parties, accept thisrelease and waiver y the Attorney General and the DBF without in any way acknowledging or

adtnitting that any such cause of action does or may e x i s t ~ and ACE 9 for itself and on behalfofthe ACE Released Parties, expressly denies that any such right or cause of action does in factexist.

9. EXCLUSION This release does not include any claiIns under Chapter 560,Florida Statutes, against franchisees ofACE related to deferred presentment transactionsengaged in after the effective date ofPart IV Chapter 560 Florida Statutes, unless such


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Respondent s alleged failure to comply with any of the terms and provisions of this Agreementor of the Final Order incorporating this Agreement.WHEREFORE. in o n s i d ~ r t i o n of the foregoing. DBF. the Attorney General. and ACEexecute this Agreement on the dates indicated below.DEPARTMENT OF BANKING AND FINANCE

By: Q r t ~ ~ Date:D N SAXONDivision DirectorOFFICE t TR I T ~ ~ E N E R A L By: Date:RICHARD DORAN. Attorney General

ACE CASH EXPRESS, INC., d/b/a ACE AMERICA S CASH EXPRESSBy: Date:ERIC C. NORRINGTONVice PresidentSTATE OF FLORIDA


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Respondent's alleged failure to comp1y ~ t l any of the tenns arid provisions of this Agreementor of the Final Order incorporating this Agreement.WHEREFORE. in considiration of the foregoing, DBF, the Attome}" General, and ACE

1

execute this Agreement on the dates indicated below.DEP RTMENT O BANKING ND FINANCE

By: Date:DON SAXONDivision Director

Date:OFFICE OF Y G ~ N R L By:

RICHARD DORAN, Attorney GeneralACE CASH EXPRESS, INC., d/b/aACE A RICA S CASH EXPRESSBy: Date:

STATE OF FLORlDACOUNTY OF


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SWORN ND SUBSCRI BED before me this day of , 2002.

NOTARY PUBLICState of FloridaPrint Nalne:My COlnlnission No.:My C0111111ission Expires:(SEAL)


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A ACE Cash Express, Inc.1231 Greenway Drive 600Irving, Texas 75038A CE 972) 550-5000AIoIf ,.. iC

asst us atty handberg-failure of justice

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