HomeMy Public PortalAboutDeMartiniDenise Martini Vol One
December 19, 2016
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
CASE NO. 9:16-cv-81371-BB
DENISE DE MARTINI,
Plaintiff,
-vs-
TOWN OF GULF STREAM, WANTMAN
GROUP, INC., RICHMAN GREER, P.A.,
GERALD F. RICHMAN, and ROBERT A.
SWEETAPPLE,
Defendants.
DEPOSITION OF DENISE DE MARTINI
Volume One
Pages 1 through 102
Monday, December 19, 2016
9:35 a.m. - 4:40 p.m.
1900 Northwest Corporate Boulevard
Suite 200 East
Boca Raton, Florida 33431
Stenographically Reported By:
Barbara Bolton, FPR
Florida Professional Reporter
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Denise Martini Vol One
December 19, 2016 2
APPEARANCES:
On behalf of the Plaintiff:
DeSOUZA LAW, P.A.
101 NE Third Avenue
Suite 1500
Ft. Lauderdale, Florida 33301
954-603-1340
Ddesouza®desouzalaw.com
BY: DANIEL DeSOUZA, ESQUIRE
On behalf of the Defendant
Town of Gulf Stream:
JOHNSON, ANSELMO, MURDOCH, BURKE,
PIPER & HOCHMAN, P.A.
2455 E. Sunrise Boulevard
Suite 1000
Ft. Lauderdale, Florida 33304
954-463-0100
Hgill@jambg.com
BY: HUDSON C. GILL, ESQUIRE
On behalf of the Defendant
Wantman Group, Inc.:
PETERSON BERNARD
707 S.E. Third Avenue
Suite 500
Fort Lauderdale, Florida 33316
954-763-3200
rtacher@ftl-law.com
BY: ROBERT F. TACHER, ESQUIRE
On behalf of the Defendants
Richman Greer, P.A. and Gerald F. Richman:
WICKER SMITH O'HARA McCOY & FORD, P.A.
SunTrust Center
515 East Las Olas Boulevard
Suite 1400
Fort Lauderdale, Florida 33301
954-847-4800
jcohen®wickersmith.com
BY: JORDAN S. COHEN, ESQUIRE
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On behalf of the Defendant
Robert A. Sweetapple:
COLE, SCOTT & KISSANE, P.A.
222 Lakeview Avenue
Suite 120
West Palm Beach, Florida 33401
561-383-9256
joshua.goldstein®csklegal.com
BY: JOSHUA A. GOLDSTEIN, ESQUIRE
INDEX OF PROCEEDINGS
Deposition of Denise DeMartini Page
Direct Examination by Mr.
Gill
4
Cross Examination by Mr.
Cohen
106
Cross Examination by Mr.
Tacher
195
Cross Examination by Mr.
Goldstein
122
Redirect Examination by Mr. Gill
255
Exhibit List
262
Certificate of oath
263
Certificate of Reporter
264
Read and Sign Letter
265
Errata Sheet
266
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P R O C E E D I N G S
Deposition taken before Barbara Bolton,
Florida Professional Reporter and Notary Public in
and for the State of Florida at Large, in the above
cause.
THE COURT REPORTER: Do you swear the
testimony you are about to give will be
the truth, the whole truth, and nothing
but the truth?
THE WITNESS: I do.
THEREUPON,
(DENISE DEMARTINI)
having been first duly sworn, was examined and
testified as follows:
DIRECT EXAMINATION
BY MR. GILL:
Q. Good morning.
A. Good morning.
Q. Will you please state your full name for
the record.
A. Denise Columbo DeMartini.
Q. Good morning, Ms. DeMartini. My name is
Hudson Gill. I represent the Town of Gulf Stream in
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this litigation and I'm here to take your
deposition. Have you ever given a deposition
before?
A. Yes.
Q. So you're familiar with the general
guidelines and how the process works?
A. Yes.
Q. Okay. What is your current residential
address?
A. 345 Lake Point Place, Merritt Island,
Florida 32953.
Q. And who resides there with you?
A. My two children.
Q. And how old are they?
A. My daughter is seventeen. My son is
fourteen.
Q. Are you currently married?
A. I am separated.
Q. And what is your husband's name?
A. Joseph Michael DeMartini.
Q. Does he reside in the South Florida
region?
A. No, he resides in Merritt Island.
Q. What's the highest level of education
you've completed?
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A. I completed?
Q. Yes.
A. Some college.
Q. In your answers to interrogatories you
provided information regarding your income for the
years 2011 through 2016, and if you want to look at
those I can provide it, but just to give you
background, do you recall what your income was for
2000 -- before 2011, 2010?
A. No.
Q. Do you know if it was -- I believe based
on your answers you provided, you said that 2011
your income was $36,090. Do you believe your income
the year before was about the same, more or less
than that number?
A. I would guess about the same, maybe --
about the same.
Q. Okay. And how about the same question
with respect to 2009?
A. I couldn't guess.
Q. Okay. And in 2011 you were employed by
CRO Realty. Is that correct?
A. Yes.
Q. And how were you paid by CRO Realty in
2011?
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A. By direct deposit.
Q. Were you an hourly employee or a salary
employee?
A. Hourly.
Q. And how were those hours tracked?
A. I tracked them.
Q. Okay. Would you submit those numbers then
to your employer?
A. No.
Q. Okay. How was it your employer then knew
how many hours you had worked so that they could
issue you a check?
A. He believed what I submitted was correct.
Q. Okay. So you did submit them to the
employer.
A. To accounting.
Q. Okay. Physically how did you do that?
A. I kept notes at my desk.
Q. Okay. And then was there like a form you
would submit to CRO?
A. No.
Q. Okay.
A. I'd send them an e-mail.
Q. Okay. So it's in e-mail form.
A. Uh-huh.
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Q. You have to answer orally verbally so it's
clear.
A. Yes.
Q. And was that done like on a weekly basis,
every two weeks?
A. Every two weeks.
Q• Okay. So that there should be e-mail
records at CRO Realty reflecting how many hours you
submitted every two weeks to get paid.
A. In most cases, yes. Sometimes I verbally
gave them to them over the phone.
Q. Okay. Was there a specific person you
were submitting them to?
A. Two people. Brenda Russell or Carla
McKutchon.
Q. Carla McKutchon?
A. Yes.
MR. COHEN: What was the name?
THE WITNESS: Carla McKutchon.
BY MR. GILL:
Q. Can you spell that for the court reporter?
A. I'm not sure. M -c -K -u -t -c -h -o -n. I'm
not sure of the spelling.
Q. Okay. Is Ms. McKutchon still employed by
CRO as far as you know?
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A. As far as I know she is.
Q. When you left CRO, was she still employed
there?
A. Yes.
Q. Okay. And what was her position at CRO?
A. She was the in-house controller.
Q. And as far as you know is Brenda Russell
still employed by CRO?
A. Yes.
Q. What was her position?
A. She was an administrative assistant to
Martin O'Boyle.
Q. In those e-mails would you identify the
specific work you'd been doing for those hours or
what project it went to or break it down in any
form?
A. No.
Q. So it would just be an e-mail that said
the last two weeks I worked eighty hours.
A. Correct.
Q. And focusing on 2011 to start, did you
have set hours per week?
A. 2011. Let me think. No.
Q. Would your salary then fluctuate from week
to week?
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A. Yes.
Q. What would cause the -- your salary to
fluctuate?
A. The workload. And I work from my home so
anything personal that may have come up that
prevented me from working.
Q. Okay. When I asked about whether you had
set hours, you had to think about it. Did that come
a change in the last five years of your employment
with CRO?
A. There was just more demand. And there
was more of a demand for me to work.
Q. Okay.
A. The work increased.
Q. Looking at your answers to interrogatories
which if you want to look at I can give you, but it
looks like your salary increased from 2011 to 2012,
then again to 2013 and 2014 which is consistent with
what you just said, there was more demand for your
work. Correct?
A. Yes.
Q. What in 2012 resulted in you having more
work demand placed upon you?
A. As I'm sitting here, I can't recall.
Q. Did you perform work at the direction
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of -- well, did you perform work in 2011 regarding
the election of Dave Aronberg to Palm Beach County
State Attorney?
A. I couldn't be certain of the dates, but I
did some work in that --
Q. Okay.
A. -- spectrum.
Q. Were you compensated by CRO for that work?
A. Yes.
Q. And then Martin O'Boyle in the beginning
of 2013 ran for a seat on the Town Commission of the
Town of Gulf Stream. Do you know that to be true?
A. Yes.
Q. Did you perform work on Martin O'Boyle's
election?
A. Yes.
Q. Were you compensated by CRO Realty for
that work?
A. Yes.
Q. Were you directed by CRO to perform that
work on Martin O'Boyle's election?
A. I don't understand the question.
Q. Okay. How is it that you came to be
working on Martin O'Boyle's election and then to be
compensated by CRO?
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A.
I did
it during
work hours.
Q.
Okay.
Was that
at the direction of your
employer?
A. I don't remember the specific direction.
I'm not sure I understand your question.
Q. Okay. Well, let me try this way. How is
it you came to be doing work on the election of Dave
Aronberg to Palm Beach County State Attorney?
A. I was asked to by Martin O'Boyle.
Q. Okay. And pursuant to that question, how
about the same question with respect to Martin
O'Boyle's election or participation in the campaign
for the March 11, 2013 election for the Town
Commission?
A. Martin O'Boyle requested my assistance.
Q. I believe the date you left your
employment with CRO was June, 2015. Does that sound
correct to you?
A. Yes.
Q. Since leaving CRO Realty in June, 2015, do
you still have access to the records there?
A. No.
Q. Do you still have access to your e-mail
account?
A. No.
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Q. And you're aware of the Citizens Awareness
Foundation, Inc. Correct?
A. Yes.
Q. And if I refer to that as CAFI, you know
what I'm talking about?
A. Yes.
Q. Did you have any association with CAFI
after June, 2015?
A. No.
Q. Do you still have access to any of your
records from CAFI after you left?
A. No.
Q. And did you have an e-mail address for
CAFI?
A. Before I left I believe I did.
Q. Okay. Do you have access to that e-mail
address?
A. No.
Q. And you also performed some work for The
O'Boyle Law Firm. Is that correct?
A. Yes.
Q. Did you perform any work The O'Boyle Law
Firm after June, 2015?
A. No.
Q. Did you have an e-mail address for The
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O'Boyle Law Firm?
A. No.
Q. Do you still have access to any of the
records that you had available to you during the
time you performed work The O'Boyle Law Firm?
A. Not that I'm aware of.
Q. Okay. Have you kept copies of documents
that you had access to during your time at CRO?
A. Nothing that I recall at this moment.
Q. Okay. Like you didn't send all your
e-mail addresses to a personal e-mail address that
you kept copies of.
A. Say that again, please.
Q. For example, with CRO when you sent an
e-mail on behalf of CRO you didn't also send that to
like a private e-mail address where you would still
have a copy of that?
A. I wouldn't do that intentionally.
Q. Okay. The same thing with respect to
CAFI, have you kept copies of any of your records
with CAFI?
A. I wouldn't have done that intentionally.
Q. Okay. And since you left your employment
with CRO in June, 2015, have you had any
communications in any form with Martin O'Boyle?
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A. No.
Q. The same question with respect to William
Ring?
A. I have talked to Bill Ring once or twice
since leaving.
Q. Okay. Did you ever e-mail him since
leaving?
A. I don't recall.
Q. Okay. In general what were your
conversations with Bill Ring about that occurred
after you left CRO in June, 2015?
A. The only phone call that comes to mind is
when I called him after I lost the job at the
Brevard Sheriff's Office I was very upset, and I
called him very upset and I vented.
Q. Have you had any communications of any
kind with Jonathan O'Boyle since you left CRO Realty
in June, 2015?
A. Yes.
Q. Approximately how many?
A. Maybe two conversations.
Q. Okay. Any e-mail communications?
A. Not that I recall.
Q. Any type of written communication with
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A. Not that I recall.
Q. What was your conversation with Jonathan
O'Boyle about that occurred after you left CRO
Realty?
A. They were generally -- he was checking on
me to see how I was. I was asking him how he was
doing. I had congratulated him on his -- his
Florida Bar status. I know Jon since he was born
so it was more on a friendly basis.
Q. So how about Brenda Russell, have you had
any communications with Brenda Russell since you
left CRO?
A. Yes.
Q. Approximately how many?
A. Many.
Q. Okay. Were any of those e-mail
communications?
A. I don't recall.
Q. How is that that you'd come to have many
communications with Brenda Russell since you left
CRO?
A. I'm sorry?
Q. How was it you -- how did you come to have
many communications with Brenda Russell since you
left CRO?
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A. I've known Brenda Russell for thirty
years and she's one of my closest friends.
Q. Based on your answers to interrogatories I
believe you worked for CRO from 1984 up till June,
2015. Is that correct?
A. On and off, yes.
Q. Okay. Explain to me the on and off
aspect.
A. Some of the dates are iffy, but, as I
recall, in 1995 or 1996 I left my full-time
employment with them to start a family. I had my
first child. I may have gone back to work for
them on a part-time basis a few years later when
they needed help. Then I had my second child.
And then when he was one or two years old I went
back to work for them again on a part-time basis.
I think I may have worked a little bit while I
was pregnant with one of them on a part-time
basis. And I worked with them up until 2007 on a
part-time basis till I moved to South Carolina,
and then I worked from home in South Carolina and
worked for them part time.
Q. In 2011 were you a part-time employee or a
full-time employee?
A. I could tell you that by looking at the
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salary.
Q. Sure.
MR. GILL: I'll go ahead and mark these
as the first exhibit.
(Defendant's Exhibit No. 1 was marked for
identification.)
BY MR. GILL:
Q. Ms. DeMartini, I'm handing you what's been
marked as Defendant's Exhibit 1. Just take a look
at that.
MR. DeSOUZA: You don't need.
MR. COHEN: What did you mark?
MR. GILL: It is the Plaintiff's
Responses and Objections to Gulf Stream's
First Set of Interrogatories.
MR. COHEN: Thank you.
A. Can you repeat the question, please?
Q. Yes, in 2011 were you a full-time or
part-time employee of CRO?
A. Part-time.
Q. Did that change after 2011?
A. According to the increase of my hours and
salary that I'm looking at, I would say that I
became pretty much full time come 2012.
Q. What do you consider a full-time employee?
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A. Working forty hours a week.
Q. Did you receive health benefits from CRO?
A. Yes.
Q. Even when you were part time?
A. No. No. I believe there was a minimum.
I had to work at least thirty hours a week.
Q. Okay. So in 2011 were you working at
least thirty hours a week?
A. I don't recall.
occur, yes.
Q. Okay. Do you recall when that happened?
A. No.
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Q.
Okay. Was there like an official change
in
your status
from part time to full time in 2012?
A.
I'm not sure I understand the question.
Q.
Okay. Well, let me ask it this way. You
said
you
had to work a minimum of thirty hours to
get
health
benefits. Is that correct?
A.
I believe that was the rule.
Q.
Okay.
A.
I'm not sure.
Q.
Did there come a time in 2011 or 2012 when
you
began
working thirty hours a week and therefore
got
health
benefits?
A.
There did become a time when that did
occur, yes.
Q. Okay. Do you recall when that happened?
A. No.
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Q. Was there some sort of documentation in
your records at CRO that would reflect that?
A. I'm sure they have something. I don't
know what.
Q. So focusing on 2011, who was your
supervisor at CRO Realty?
A. Martin O'Boyle.
Q. And is that the same answer going forward
from 2011 to the time you left?
A. Yes.
Q. Do you know how many other employees there
were of CRO Realty?
A. It varied. You know. I couldn't tell
you.
Q. Okay. How about in 2011?
A. I don't remember.
Q. Who else that you know of worked for CRO
Realty in 2011?
A. I could tell you the people I know for
sure. Bill Ring, Brenda Russell. That's all I
can tell you for sure.
Q. Okay. What was Bill Ring's position if
you know?
A. He was in-house counsel for CRO.
Q. Okay. And we discussed Brenda Russell.
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Was there an employee named Beth?
A. Yes.
Q. Who was Beth?
A. Beth worked for the law firm.
Q. Okay. Did she ever work for anyone --
well, let me ask it this way. What law firm are you
referring to?
A. The O'Boyle Law Firm.
Q. Okay. Did she ever work for CRO or any of
the other entities that were there?
A. Not that I'm aware of.
Q. Okay. Are you familiar with the first
name Kathleen Laca?
A. Yes.
Q. Who is Kathleen Laca?
A. She was the property manager for CRO
Realty.
Q. Okay. And then how about Peter Dileo?
A. Yes.
Q. Do you know who he is?
A. Yes, I do.
Q. Who is he?
A. He is the construction person that works
for Commerce Group and he's worked for Commerce
on and off for the last -- since 1989.
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MR. TACHER: Can I get that name again?
THE WITNESS: Peter Dileo.
BY MR. GILL:
Q. Where was CRO Realty located in 2011?
A. At 1280 West Newport Center Drive in
Deerfield Beach.
Q. Can you describe for me what the physical
layout of that address is?
A. It is an office industrial park. It is
a -- approximately a 10,000 foot building I'm
guessing. CRO Realty Commerce Group, better
known as Commerce Group, occupies half of that
building.
Q. Is there one entrance door to CRO Realty
in that building?
A. There's one main entrance into a foyer.
Q. Okay. And then there are, I'm assuming, a
number of office spaces in there within that -- once
you enter that door?
A. Once you enter the building you were in a
main foyer area that is shared with the now
existent O'Boyle Law Firm, and then there were
double doors that take you into Commerce Group.
Q. And once you would enter Commerce Group
that -- what you just described, what did that look
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like on the inside?
A. It was -- the perimeter was private
offices, and in the middle there were clerical
people, small offices, conference rooms, kitchen,
typical office.
Q. Did you have an office there in 2011?
A. No.
Q. I think you might have mentioned this, you
work from home sometimes?
A. Yes.
Q. You just have to let me finish my question
so we don't talk over each other for the record.
In 2011 did you have set days of the week
where you would come into the office?
A. In 2011 I resided in South Carolina where
I worked from my home, and I periodically came to
the office to work.
Q. When did you move back to -- well, when
did you move to Merritt Island?
A. In August of 2013.
Q. Before August of 2013, I guess in between
that date and 2011 how often would you be in the
office?
A. It wasn't often and I really don't
recall.
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Q. After 2000 -- August of 2013 when you
moved to Merritt Island, did you have a set schedule
where you would come into the office certain days of
the week?
A. It wasn't set -- it wasn't a set
schedule, but I did visit the office more
frequently. Sometimes every two weeks to every
three weeks I'd go down for a few days.
Q. Where would you stay when you went down?
A. Stay meaning?
Q. Oh, I'm sorry. Did you spend the night in
that area or did you commute back and forth each
day?
A. I spent the night in that area.
Q. Where would you stay?
A. I sometimes stayed with Brenda Russell
and I sometimes stayed at Martin O'Boyle's home.
Q. As you understand it, what did CRO Realty
A. CRO Realty is a -- it's kind of hard to
answer. I could tell you what Commerce Group
does.
Q. Okay. Well, why don't you explain to me
what the difference between CRO and Commerce Group
is.
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A. Commerce Group is a general name that we
use that encompasses everything that we do. CRO
Realty is who pays the employees of Commerce
Group. Commerce Group is a national commercial
developer of commercial properties and a
landlord, and that was our main business.
Q. And what were your -- in 2011 what were
your duties there?
A. They varied from overseeing the functions
in accounting and working with the controller to
working with the property manager, handling
tenant disputes, tenant collections, handling
closing checklists, whatever special projects
that came about. It varied.
Q. Would those -- what you did on a daily
basis be directed by Martin O'Boyle?
A. Yes.
Q. And so at certain times it included things
like working on the Aronberg election. Correct?
A. Yes.
Q. And working on Martin O'Boyle's campaign
to be elected to the Town Commission?
A. Yes.
Q. Did you feel that you could say no to
those duties that were requested of Martin O'Boyle?
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A. Yes.
Q. Did you feel that that was a requirement
of your employment?
A. It was requested of me and I had no
reason not to.
Q. If I were to request records from CRO
regarding your salary and your weekly hours, would
there be any way for me to ask for documents that
would show me how much time you worked on the
Aronberg election?
A. No.
Q. Is there any way for me to, looking at the
records, to tell on any given week what specific
tasks you were working on or projects?
A. No.
Q. In 2011 until you left were there
already -- do you recall any secretaries that worked
for CRO Realty?
A. The years run together. If you were to
give me a name, I could tell you if they worked
there. I could not say they worked a particular
year.
Q. Okay. During the last few years of your
employment, I mean do you recall any of the
secretaries that worked at CRO?
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A. Jill Mohler. You have to give me a
minute. That's all I could recall right now.
Q. Where was Jill Mohler's desk if she had
one?
A. I remember her being in two locations of
the office. She sat in the middle of the office
at a desk for a certain amount of time, and I
last remember her sitting at the front reception
desk.
Q. Walking up to the address at 1280 West
Newport Center Drive, could you -- was the door
unlocked or did you have to buzz in to get access?
A. I always had a key so I don't know.
Q. Okay. Fair enough. When was it that you
first became aware of an entity referred to as the
Citizens Awareness Foundation, Inc.?
A. At inception and I don't remember the
exact date.
Q. Were you involved in, I guess, the
incorporation of the entity that came to be known as
CAFI?
A. No.
Q. Were you aware of it before it had been
incorporated?
A. I don't believe so.
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Q. How is it you came to be aware of its
existence?
A. I was asked to be on the board.
Q. Who asked you that?
A. It was either Bill Ring or Martin
O'Boyle. I don't recall exactly.
Q. Had you ever been asked to be on a board
of any entity before your time at CRO?
A. On a board? No.
Q. Had you ever been asked before your time
at CRO to be associated with any other entity being
their director or their treasurer or anything of
that nature?
A. For Commerce?
Q. During the time you were employed at an
entity called CRO Realty?
A. Yes.
Q. What other entities were you asked to be a
part of?
A. I was -- over the years I was an officer
for several of the corporations.
Q. Did you ever ask why you were being asked
to do that?
A. No.
Q. Did you ask why you were being asked to be
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on the board of the Citizens Awareness Foundation?
A. I don't recall.
Q. Did you ask anyone what your
responsibilities would be as a board member on the
Citizens Awareness Foundation?
A. I'm sure I did.
Q. Do you have a specific recollection of
that?
A. Of that conversation, no.
Q. After you were asked to be on the board of
the Citizens Awareness Foundation, what is your
understanding of what your role was to be?
A. I was going to be a part of a non-profit
organization that was going to provide education
and advocacy to the public with regard to public
records, and they would be -- we would be doing
some educational opportunities for the public as
well as we talked about some seminars that I
would be involved with setting up. That was my
understanding.
Q. And who told you that?
A. I don't recall.
Q. Do you think it was Brenda Russell?
A. No.
Q. Do you think it was Jonathan O'Boyle?
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A. No.
Q. Do you think it was Bill Ring?
A. Maybe.
Q. Do you think it was Martin O'Boyle?
A. Maybe.
Q. Other than those two people, is there
anyone you think that was associated with CRO that
would have asked you to do that?
A. Associated with CRO? No.
Q. How about not associated with CRO?
A. Joel Chandler.
Q. When was the first time you met Joel
Chandler?
A. I couldn't give you the date.
Q. Okay. How was it you came to meet Joel
Chandler?
A. I was introduced to him as the Director
of CAFI.
Q. Was CAFI already formed at that time?
A. I don't know.
Q. Did you feel you could have said that you
didn't want to participate with the Citizens
Awareness Foundation?
A. Yes.
Q. Did you feel it would have negatively
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impacted your job performance in the eyes of your
employer?
A. No.
Q. Did you ask whether you'd be paid by CRO
for your work done on the Citizens Awareness
Foundation?
A. I didn't ask that question.
Q. Were you, in fact, paid for the work you
were doing on the Citizens Awareness Foundation by
CRO?
A. Yes.
Q. How long before CAFI was actually
incorporated were you aware that that was being
considered?
A. I don't know that I was. I don't know.
Q. Okay. Were you involved in any
discussions with either Martin O'Boyle, Bill Ring or
Joel Chandler about the idea of forming a
not-for-profit?
A. I was not involved in the inception of
the idea, no.
Q. Did you ever come to learn who was
responsible for the idea of incorporating CAFI?
A. I don't know.
Q. I have the documents, if you want to look
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at them I can show you, but does January, 2014 sound
like the correct time period that CAFI was
incorporated?
A. I couldn't say.
Q. If you'd turn to page seven of your
answers to interrogatories.
A. That looks correct.
Q. Good. Do you know where CAFI's office
was?
A. I believe it was at Newport Center.
Q. Okay. The 1280 address at Newport Center?
A. I'm not sure.
Q. Did CAFI have a specific office space that
you used?
A. No.
Q. Did it just operate out of the same
offices that CRO operated out of?
A. Yeah.
Q. What was your position with CAFI initially
in January, 2014?
A. I believe I was treasurer.
Q. Other than being treasurer, did you have
any other duties with respect to CAFI in January,
2014?
A. Yes, I assisted Joel Chandler. I
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assisted him.
Q. Okay. Do you know what his position was
at CAFI in January, 2014?
A. I believe he was the director.
Q. Did you consider him your supervisor at
CAFI?
A.
He was a director. I guess so, yeah.
MR. DeSOUZA: You're talking about in
this
initial January --
MR. GILL: Yes, I'm talking about --
BY MR. GILL:
Q.
Do you know when Joel Chandler left CAFI?
A.
Yes.
Q.
Do you know what date that was?
A.
It was the end of June, I believe, that
same year.
Q.
Okay. So focusing on that January to June
period of
time --
A.
Right.
Q.
-- did you consider him your supervisor?
A.
No, I worked for Martin O'Boyle.
Q.
Okay. So even when you were performing
work for CAFI, Martin O'Boyle was still your
supervisor?
A.
Not with regard to CAFI.
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Q. Okay. With respect to your duties at
CAFI, did anyone direct you in what to do?
A. I guess you could say Joel was my
supervisor because I assisted him, yes.
Q. Okay. During that January to June period
of time what did you assist Joel Chandler with?
A. The flow of paperwork between Joel and
The O'Boyle Law Firm. We had some discussion as
far as plans for CAFI, and we discussed a
particular seminar that we wanted to be a part
of. I made sure that his expense reports were
turned in and properly reimbursed. Things of
that sort.
Q. Was the seminar you're referring to in
Tallahassee?
A. I don't remember.
Q. Did CAFI end up participating?
A. No, not that I know of.
Q. Okay. During the period of time from
January, 2014 to June when Joel Chandler was on,
during that period of time did you have any
communications or conversations with Martin O'Boyle
about CAFI?
A.
Not
that I
recall.
Q.
Did
Martin
O'Boyle ever give you advice on
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what he thought CAFI should be doing?
A. Not that I recall.
Q. Do you know who funded CAFI?
A. Yes.
Q. Who?
A. Martin O'Boyle.
Q. How do you know that?
A. Because I was involved with overseeing
accounting for CRO Realty.
Q. And how did that lead you to understand
that Martin O'Boyle was funding CAFI?
A. Because the controller set up internal
accounting to track the costs, the expenditures
of CAFI, and I know that CRO was funding CAFI for
its expenditures.
Q. Did you ever see Joel Chandler's
paychecks?
A. No.
Q. Were you aware of how he was being paid?
A. What do you mean by how?
Q. Who was issuing his checks for his salary?
A. I don't know.
Q. Do you know how much he was paid?
A. For some reason $120,000 a year rings a
bell in my head, but I couldn't tell you for
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sure.
Q. Was CRO issuing employee checks for
employees of CAFI?
A. No.
Q. Okay. Well, let me ask you this way.
Your direct deposit, did it reflect that it came
from CRO Realty?
A. Yes, it did.
Q. Do you know if Joel Chandler's direct
deposits reflected they came from CRO Realty?
A. No, they did not.
Q. Okay. Who did they come from?
A. I don't know.
Q. How do you know it wasn't CRO then?
A. Because I was overseeing the accounting,
and I know he was not an employee of CRO Realty.
Q. Okay.
A. I had an understanding, and I don't know
how I had this understanding, that he was getting
paid from CAFI. Did I ever look at the books?
No.
Q. Okay. You said, though, that CRO was
funding CAFI. Correct?
A. Well, whether it was CRO or Commerce
Group or another entity, I'm not sure exactly
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where the funds came from. They came from
Commerce Group.
Q. Okay. And the person controlling those
funds was Martin O'Boyle?
A. Yes.
Q. You mentioned a seminar that you had
discussions with Joel about that didn't go forward?
A. Yes.
Q. What's your understanding why it didn't go
forward?
A. I believe he left before the seminar
occurred.
Q. Okay. And because he left it didn't end
up occurring?
A. I don't think we were that far along in
the plans and I wasn't involved enough to pick up
the ball.
Q. Okay.
MR. DeSOUZA: Can we take a five-minute
break?
MR. GILL: Sure.
(A recess is taken.)
BY MR. GILL:
Q. Ms. DeMartini, we were discussing a
seminar not taking place. I guess it was intended
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to take place and didn't end up occurring. During
the period of time from January to June when Joel
resigned, were you involved in any other efforts to
put on a seminar or speaking engagements or anything
of that nature regarding Kathy?
A. No.
Q. During that period of time were you
involved at all in the preparation or submission of
any public records requests?
A. I don't believe so.
Q. And let me qualify that. With respect to
CAFI.
A. I don't believe so.
Q. Okay. And during that period --
MR. TACHER: Could you read back the
prior question?
(The reporter reads the pertinent
question.)
BY MR. GILL:
Q. During the period of time from January to
June, 2014, were you involved in the preparation or
filing of any lawsuits on behalf of CAFI?
A. Not that I recall.
Q• How about on behalf of yourself?
A. Not that I recall.
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Q.
During the period of time from June,
2014 -- I'm
sorry, January, 2014 to June, 2014, who
did you understand to be in charge of CAFI?
A.
Joel Chandler.
Q.
During that period of time do you know how
many employees there were of CAFI?
A.
I only recall one.
Q.
Who was that?
A.
Kathy Zollo.
Q.
Who did you understand Kathy Zollo to be?
A.
I think she did research and article
writing
for Joel.
Q.
Did your position change with respect to
CAFI once
Joel Chandler resigned in June, 2014?
A. Yes.
Q. How did it change?
A. I was made Director.
Q. Did your duties with respect to CAFI
change after Joel resigned?
A. I'm not sure how to answer that.
Q. Okay. Did the work you were performing on
behalf of CAFI change after Joel Chandler resigned?
A. Yes.
Q. How so?
A. I was managing all of the pending public
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records requests that he had outstanding at the
time that he left and also the lawsuits that he
left hanging when he left.
Q. Okay. After June 30th, 2014, did CAFI
file any additional lawsuits, if you know?
A. Additional means what?
Q. Meaning more than what was already
pending.
A. I don't recall.
Q. After June 30th, 2014 did you direct CAFI
to file any additional lawsuits?
A. I don't recall.
Q. After June 30th, 2014 did you direct CAFI
to issue any public records requests?
A. I don't recall. I was in clean-up mode.
Q. What do you mean by that?
A. I was wrapping up everything that he had
left lingering.
Q. Okay. Did you understand that CAFI was
winding down then?
A. I felt like it was.
Q. Why did you feel like it was?
A. Because I was in clean-up mode. We
were -- I was making decisions on settlements and
everything that was pending and hanging out
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there, and I did not know how CAFI was going to
continue on.
Q. After June 30th, 2014 did you organize any
educational seminars or engagements on behalf of
CAFI?
A. No.
Q. Did you participate in any public records
or open government seminars or engagements on behalf
of CAFI?
A. No.
Q. After June 30th, 2014 who was your
supervisor at CAFI?
A. They didn't have one.
Q. How would you know what to do on a daily
basis?
A. I consulted with Bill Ring.
Q. What did you understand Bill Ring's
position to be?
A. He was our attorney.
Q. You understood him to be CAFI's attorney?
A. Yes.
Q. After June 30th, 2014 did you have any
conversations or communications with Martin O'Boyle
regarding CAFI?
A. Not that I recall.
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Q. And you are familiar with an entity called
The O'Boyle Law Firm?
A. Yes.
Q. When is the first time you became aware of
The O'Boyle Law Firm?
A. I don't remember the specific date.
Q. Do you recall was it before or after you
became aware of CAFI?
A. I believe it was before.
Q. How is it that you first learned of the
existence of The O'Boyle Law Firm?
A. From Martin O'Boyle.
Q. And what did he tell you about it?
A. That they were going to start a law firm
and they were going to occupy the space next
door.
Q. When he said they, who was he referring
to?
A.
I don't
know.
Q.
Who did
you understand him
to be referring
to?
A. Him and Jon.
Q. Were you involved in any of the steps
taken to have The O'Boyle Law Firm set up to operate
in the state of Florida?
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A. Not the corporate documents but the
office itself, yes.
Q. Okay. Did you come to learn when the
corporate documents were filed with the State of
Florida?
A. I don't know.
Q. Do you think you learned about it before
they were filed or after?
A. I don't know.
Q. Do you know who funded The O'Boyle Law
Firm's operations in the state of Florida?
A. Yes.
Q. Who?
A. Martin O'Boyle.
Q. How is it that you know that?
A. Because I oversaw the accounting of his
business.
Q. Were employees of The O'Boyle Law Firm
paid by CRO Realty?
A. Not that I'm aware of.
Q. Do you know how the employees of The
O'Boyle Law Firm were paid?
A. From The O'Boyle Law Firm.
Q. And how is it that The O'Boyle Law Firm
was being funded by Martin O'Boyle?
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A. I don't understand the question.
Q. Okay. How did the money go from Martin
O'Boyle to The O'Boyle Law Firm?
A. It was given.
Q. Okay. Do you know was it a check?
A. I don't know.
Q. Okay. Do you know what entity it came
A. No.
Q. I believe you testified that you were
associated with the setup of The O'Boyle Law Firm in
Florida. Is that accurate?
A. Yes.
Q. When did you become involved with that?
A. I don't recall the date, but it was when
the law firm started.
Q. Okay. Was it around the same time that
you were made treasurer of CAFI?
A. I don't believe so.
Q. Do you think it was before or after?
A. I believe I worked for the -- I worked
with The O'Boyle Law Firm before CAFI.
Q. Okay. And what were your duties with The
O'Boyle Law Firm?
A. To help them set up the office, to help
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them set up their computers, their systems, their
accounting system, to hire an office manager.
That was pretty much it.
Q. What systems are you referring to?
A. Setting up of QuickBooks, setting up of
CLIO. I hired an outside software database
programmer to create databases for reporting of
information for The O'Boyle Law Firm. I was
trying to get that integrated into the current
system that they had. I managed the office
manager. That was pretty much it.
Q. What's CLIO?
A. It is a legal database to track clients,
client information, like a contact database.
Q. And then what was the outside software
database for?
A. To do -- to help do things that the CLIO
database couldn't do?
Q. Such as what?
A. To be able to create custom reporting
that CLIO didn't allow you. They had canned
reporting in CLIO, and we wanted something a
little more elaborate.
Q. And what kind of things would that be
reporting on?
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A. It would report on attorneys' time on
client matters, it would track costs per matter,
it -- that's all I remember off the top of my
head.
Q. Who asked you to perform work for The
O'Boyle Law Firm?
A. Martin O'Boyle.
Q. Did you see that as part of your
employment with CRO Realty?
A. Yes.
Q. Were you compensated for your -- the
time -- the work you did for The O'Boyle Law Firm?
A. Yes.
Q. When The O'Boyle Law Firm first filed
corporate documents with the State of Florida, who
was in charge of it?
A. Ryan Witmer.
MR. TACHER: Ryan?
THE WITNESS: Ryan Witmer.
BY MR. GILL:
Q. And that's W -i -t -m -e -r?
A. Yes.
Q. And who was Ryan Witmer?
A. He's the managing partner of The O'Boyle
Law Firm.
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Q. And when did you first come to meet him?
A. I don't remember the exact date.
Q. Was he already associated with The O'Boyle
Law Firm when you met him?
A. No.
Q. So this was before The O'Boyle Law Firm
had filed corporate documents in Florida as far as
you understand?
A. I'm sorry, you lost me.
Q. Okay. When --
MR. DeSOUZA: Let me just object because
I don't think you've established when The
O'Boyle Law Firm filed corporate documents or
that she knew when they did. I think we've
been talking kind of in the ether --
MR. GILL: Okay.
BY MR. GILL:
Q. If I show you the filing of the corporate
documents, would you be able to read those and
understand when they were filed with the State of
Florida?
A. I couldn't tie that to Ryan Witmer.
Q. Okay. Did you participate in the hiring
of attorneys for The O'Boyle Law Firm?
A. No.
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Q. You did hire the or participate in the
hiring of the office manager. Is that correct?
A. That's correct.
Q. Who was that?
A. Beth -- oh, I can't remember her last
name. I can't remember her last name.
Q. Is it Beth Kanaly?
A. Could be.
Q. If you don't remember, just say you don't
remember.
A. I'm sorry, I don't remember, but she was
the only Beth there.
Q. And I believe you testified to this, but
The O'Boyle Law Firm was operating out of the same
office suite as CRO Realty?
A. For a very, very short time during the
construction they were isolated in a corner for a
short period of time until the construction was
completed.
Q. Okay. And then where did they go?
A. They went into their space on the other
side of the building.
Q. Okay. Did you still have to enter through
the main entrance to get into The O'Boyle Law Firm
as you would CRO?
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Q. Do you know how many employees The O'Boyle
Law Firm had in the first part of 2014?
A. I'd be guessing.
Q. Okay. Not focusing on attorneys but on
staff, were there other employees other than Beth
that were not attorneys of The O'Boyle Law Firm?
A. we had receptionists that came and went,
and that's all I recall.
Q. And were those receptionists just for The
O'Boyle Law Firm?
A. Yes.
Q. Did you perform any -- well, let me ask
you this. You're a certified paralegal?
A. Yes.
Q. And did you perform any, I guess,
paralegal duties for the O'Boyle Law Firm with
respect to specific cases?
A. I don't believe so.
Q. For example, did you ever prepare
discovery in any of the cases that were being
handled by The O'Boyle Law Firm?
A. No.
Q. Did you ever follow up on subpoenas that
had been issued by The O'Boyle Law Firm?
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A. No.
Q. were you involved in the drafting of any
complaints that were being filed by The O'Boyle Law
Firm?
A. No.
Q. Were you involved in the preparation of
any settlement documents that were being used by
The O'Boyle Law Firm?
A. No.
Q. Did you ever work with any of the specific
attorneys at The O'Boyle Law Firm on specific cases
in any capacity?
A. Only if they were related to CAFI.
Q. Did you attend or participate in meetings
that were being held of law firm employees and
staff?
A. Sometimes.
Q. Were cases discussed at those?
A. In what respect?
Q. In any respect.
A. Yes.
Q. What was your role at those meetings?
A. I was there as an administrator, and I
was there to assist them with questions about
reports that they were looking at and how they
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were generated and what they meant.
Q. Were CAFI cases ever discussed at those
meetings?
A. I don't recall.
Q. In the first half of 2014 you were doing
work for CRO. Correct?
A. Yes.
Q. You were also performing work for the
O'Boyle Law Firm. Correct?
A. Yes.
Q. And you were also performing work for
CAFI. Correct?
A. Yes.
Q. How did you divide up your labor on those
three different entities?
A. I prioritized.
Q. Would you have like periods of time set
aside for one or the other?
A. Yeah, I guess so.
Q. Are there any records that would reflect
that at any of those entities?
A. No.
Q. How would anyone on the outside looking at
what you were doing at the time know which entity
you were performing work on behalf of?
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A.
They would have to ask me.
Q.
Once Joel Chandler resigned from CAFI, you
were involved in settling cases on behalf of CAFI?
A.
Yes.
Q.
Did you ever sign any settlement documents
on behalf
of CAFI?
A.
I may have.
Q.
Do you have an independent recollection of
doing that?
A.
I'm sorry?
Q.
Do you have an independent recollection of
doing that?
A.
I remember verbally authorizing the
attorneys to settle.
Q.
Okay. Did you ever sign any kind of
documents?
A.
I believe I did.
Q.
Okay. What kind of documents did you sign
on behalf
of CAFI?
A.
I believe they were settlement documents.
Q.
How many times did you do that?
A.
I couldn't tell you that.
Q.
Did you ever see any client documents
between CAFI and The O'Boyle Law Firm?
A.
I don't understand.
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Q. Any written agreements with how The
O'Boyle Law Firm would be paid for its work done on
behalf of CAFI?
A. I may have seen a document.
Q. What did that document look like?
A. I seem to recall seeing engagement
letters.
Q. Okay. Were those for each one of the
lawsuits commenced by CAFI?
A. I believe so but I'm not sure.
Q. Okay. If I was going to ask for those,
what's the best way for me to describe those
documents to obtain them?
A. I don't understand your question.
Q. Okay. If I'm going to prepare a subpoena
on The O'Boyle Law Firm or CAFI asking for those
engagement letters that you're aware exist, how
would I go about describing them so I could get
them?
A. I don't know.
Q. If you were going to prepare a subpoena to
seek those documents, how would you describe them?
MR. DeSOUZA: Objection. I'm pretty sure
she's not an attorney and doesn't prepare
subpoenas so I'm not sure what you're asking.
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MR. GILL: Okay. She's a paralegal and
she worked for all three of those entities.
MR. DeSOUZA: She has said I may have
seen engagement letters. She didn't say I
definitely saw them. I assume as a practicing
attorney you've prepared subpoenas before and
would understand how to request engagement
letters that you've already done, I believe.
MR. GILL: Right. And, as you know,
we've gotten zero documents back from that
so --
MR. DeSOUZA: I don't represent CAFI or
The O'Boyle Law Firm. I don't think she does
either. So if you'd like her to write a
subpoena while we're here today, that's fine,
but otherwise why don't we move on.
BY MR. GILL:
Q. Did you ever sign any of those engagement
letters on behalf of CAFI?
A. I don't believe so.
Q. When did you stop performing work for
CAFI?
A. When I was terminated in June of 2015.
Q. Who were you terminated from in June of
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A. CRO Realty.
Q. Okay. Why did that end your association
with CAFI?
A. CAFI was not very active at that point.
I did not feel there was anything more for me to
do once I was terminated.
Q. Could you have stayed on at CAFI once you
were terminated by CRO?
A. I don't know.
Q. Did you ask to stay on?
A. No.
Q. Do you know who the decision -maker was
with respect to who would be on the board of CAFI
when it was incorporated?
A. Bill Ring and I had that conversation
several times.
Q. Before CAFI was incorporated.
A. Oh. Who made the decision? Marty made
the request.
Q. So did you understand that Martin O'Boyle
had decided who would be on the board of CAFI when
it was initially incorporated in 2014?
MR. DeSOUZA: Objection.
Mischaracterizing her testimony.
MR. GILL: Okay.
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Q. Okay. Did you understand that Martin
O'Boyle was the person who made the decision on who
will be placed on CAFI's board when it was initially
incorporated in January of 2014?
A. I understood that he made requests of
people.
MR. GILL: I'd like to mark this as the
next exhibit.
(Defendant's Exhibit No. 2 was marked for
identification.)
BY MR. GILL:
Q. Ms. DeMartini, please take a moment to
review that.
MR. GILL: Just to identify for the
record, this is an e-mail chain with the
farthest, oldest e-mail being Sunday,
April 13th, 2014 from Joel Chandler to
Jonathan O'Boyle and Ryan Witmer, cc'd to
Denise DeMartini, and it continues up through
Monday, April 14th, 2014.
BY MR. GILL:
Q. Have you had a moment to review that?
A. Yeah.
Q. And you were either the recipient or
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copied on these e-mails. Correct?
A. Yes.
Q. And focusing on the second page where you
wrote an e-mail that is dated April 14th, 2014 at
9:20 a.m., do you see that?
A. Yes.
Q. Why did you send this e-mail?
A. It appears that I was trying to get a
grasp on the amount of workload that was going to
be coming into The O'Boyle Law Firm.
Q. What role were you sitting in when you
sent that e-mail? Were you with CRO, were you with
CAFI or were you with The O'Boyle Law Firm?
A. I think I was asking for The O'Boyle Law
Firm.
Q. And you sent that from your Commerce Group
e-mail address. Correct?
A. It appears that way.
Q. In the second line of your e-mail it says,
"Going forward, this list should be sent to Jon, me
and Beth weekly. It is not necessary to include
Ryan." Do you see that?
A. Yes.
Q. And Beth is the office manager. Correct?
A. Yes.
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Q. And is the Ryan in that e-mail Ryan
Yes.
Q. Why was it not necessary to include Ryan
Witmer on this e-mail?
A. There could have been a lot of reasons at
the time, none of which I recall at this moment.
Q. Okay. In the last paragraph, I think it's
the second sentence in, it says, "Also, please let
me know what your agreement is with Marty with
regard to the 100 a month." Do you see that?
A. Yes.
Q. What were you referring to in that
sentence?
A. I was referring to Joel's e-mail below of
April 13th where he states that -- that he's
going to be delivering somewhere around a hundred
new cases within thirty days.
Q. Did he mention Martin O'Boyle in his
reference to that?
A. Reference to what? I don't understand.
Q. Well, you referenced Marty in that
sentence, correct, your sentence?
A. Yes.
Q. And is that Martin O'Boyle?
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Q. Okay. How did you come to understand that
there was some agreement with Marty regarding a
hundred a month?
A. I don't know that there's an agreement.
Q. Okay.
A. I was going based off of what Joel
stated.
Q. And where -- where are you referring to in
A. The third page, fourth paragraph down he
says, "That said, including the new cases that
have been added to the Case Management file, we
should have somewhere around 100 new cases within
30 days."
Q. Okay. And from that you understood that
meant an agreement with Martin O'Boyle for a hundred
a month?
A. No, from that I took that to mean that
Joel planned on delivering a hundred new cases to
The O'Boyle Law Firm.
Q. Okay. Per an agreement with Marty?
A. I knew of no agreement with Marty.
Q. Okay. In the next sentence your e-mail
mentions Jeff Gray and Jeff Frazier. Who are those
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A. Jeff Gray and Jeff Frazier are two
gentlemen that Joel it was my understanding
worked with prior to coming on board with CAFI
doing public records requests.
Q. And did you understand that they would be
providing cases to The O'Boyle Law Firm?
A. That became apparent to me later on, yes.
Q. Okay. But not at this time?
A. It -- from reading this e-mail, it seems
that I may have had an inkling that that was
going to occur.
Q. Okay. Going to the first page of the
e-mail chain, the first paragraph mentions you
wanting to discuss with Joel how -- and this is a
quotation -- "how your cases are moving along in the
firm." Do you see that?
A. Yes.
Q. What were you referring to by your cases?
A. CAFI cases.
Q. At this time you were associated with CAFI
also. Correct?
A. Yes.
Q. And what did you mean by moving along in
the firm?
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A. I wanted to make sure that he was getting
the proper attention and that the work was being
properly done in the firm.
Q. In the second paragraph, the second
sentence reads, "The firms priority is to keep up
with the intake of cases so we want you to run with
it, no holding back, so we can properly staff up."
Do you see that?
A. Yes.
Q. Where did you get that understanding from,
what the firm's priority was?
A. Well, I was involved with the start-up of
the firm. It was a priority that clients that
came on board with the firm that their work was
to be handled in a timely manner. I wanted to
make sure I had enough staff there to have that
work completed timely.
Q. And did you understand that all cases
being generated by CAFI would be going to The
O'Boyle Law Firm at this time?
A. Yes.
Q. How did you come to that understanding?
A. Well, from the time that Joel came on
board, I was told that The O'Boyle Law Firm was
going to be handling the cases.
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Q.
Who told you that?
A.
I don't recall.
Q.
Was it Joel Chandler?
A.
Could have been.
Q.
Who else could it have been?
A.
Bill Ring.
Q.
Could it have been Martin O'Boyle?
A.
Could have been.
Q.
Anybody other than those three people
would have provided you that information?
A.
Could have been Ryan.
Q.
How would Ryan Witmer have the ability to
say where
CAFI cases were going?
A.
I'm not -- I was not privy to
conversations between clients and the attorneys.
Q.
Well, you were the client also, weren't
you?
A. Yes.
Q. So you were privy to conversations with
respect to where CAFI cases were going. Correct?
A. I was not the director and I was not in
charge of CAFI.
MR. GILL: I'd like to mark this next
exhibit as Exhibit 3.
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(Defendant's Exhibit No. 3 was marked for
identification.)
MR. GILL: And to identify it for the
record, this is another e-mail chain, and the
oldest e-mail is from Joel Chandler on Monday,
April 28th, 2014 to Denise DeMartini, subject
Cathy Zollo.
MR. DeSOUZA: Let me just make a
statement for the record. I take no position
on this one way or the other, but I have
spoken to attorneys for CAFI who have seen the
documents that have been produced either by
Gulf Stream or Sweetapple, I don't know where
these came from in this litigation. It is
their belief that these documents are subject
to the replevin lawsuit that they currently
have pending against Mr. Sweetapple's firm,
that these documents shouldn't be used or
disclosed. As I said, I don't take a position
one way or the other. I'm not instructing her
not to answer. I'm not giving any
instructions whatsoever on that.
BY MR. GILL:
Q. Have you had a moment to review that?
A. Yes.
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Q. The first paragraph of your e-mail to
Joel Chandler dated April 28, 2014 reads, "I am in
the law meeting now and have been told that you have
only provided 8 new cases for this week. We were
expecting a minimum of 25 a week." Do you see that?
A. Yes.
Q. What meeting are you referring to?
A. I don't recall.
Q. Did The O'Boyle Law Firm have regular
meetings scheduled to discuss law firm matters?
A. I believe so.
Q. When were those meetings regularly
scheduled?
A. I don't remember there being a set
schedule.
Q. Okay. What do you recall about the
meetings?
A. I can't -- I don't recall. They varied
from subject to subject.
Q. Do you recall this meeting you're
referring to in this e-mail?
A. No.
Q. Why did you send this e-mail to Joel
Chandler?
A. Because I was following up to -- I was
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following up on what he had reported to me that
we would be expecting a new law firm. I was
following up to find out the status.
Q. So when you say we were expecting a
minimum of 25 a week, you were referring to
The O'Boyle Law Firm?
A. Yes.
Q. Did anyone direct you to send this e-mail?
A. I don't believe so.
Q. You saw it as part of your duties to
The O'Boyle Law Firm?
A. Yes.
Q. And in the second paragraph the first
sentence reads, "Also, I know there have been some
'throw backs' but I need an accurate reporting from
you weekly of new cases." Do you see that?
A. Yes.
Q. So what did you mean by that?
A. I'm trying to manage the work flow coming
into the O'Boyle Law Firm and I need an accurate
or an estimate of what to expect. We didn't want
to be blind -sided.
Q. So based on this, The O'Boyle Law Firm was
expecting to get 25 a week from CAFI?
A. No.
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Q. What's not correct about that statement?
A. No, that statement in the e-mail means
that Joel told me I could expect 25 a week and
here he did not come up with 25 a week, so I'm
trying to figure out whether or not he's
overestimating, underestimating, am I going to
get slammed with double next week. I'm trying to
monitor work flow.
Q. And so the expectation was that CAFI would
provide an accurate reporting each week of what they
were providing to its law firm?
A. I wanted a heads -up.
MR. GILL: I'd like to mark the next one
as Exhibit 4.
(Defendant's Exhibit No. 4 was marked for
identification.)
BY MR. GILL:
Q. I've shown you what is an e-mail from you
to Joel Chandler, subject Cases and dated Friday,
May 16th, 2014. Are you -- is that accurate what I
described?
A. Yes.
Q. And what's the purpose of this e-mail?
MR. DeSOUZA: Objection to form.
A. Am I to understand that these documents
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are currently involved in a pending lawsuit that
CAFI is involved with?
Q. You can talk to your attorney if you want
but I'm asking you a question.
MR. DeSOUZA: You can answer questions
about these documents. Whether CAFI believes
these are confidential or not is not the
subject of this lawsuit, so if they want to
put them in front of you and ask you questions
about them they can. He's only asking you
what the purpose of the e-mail is if you
recall that sitting here today.
THE WITNESS: Okay. I just don't know
what any of this has to do with --
MR. DeSOUZA: They can ask their
questions.
A. Okay. Please ask again.
Q. What was your purpose in writing this
e-mail?
A. It appears to me it was to manage work
flow. That's all I recall.
MR. DeSOUZA: Let me just pause for a
second. Don't guess as to what it is. If you
recall it and you know the answer to his
question, give him an answer. If you don't
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know --
A. Yeah, I don't recall it.
MR. DeSOUZA: I don't think he wants you
to guess so --
THE WITNESS: Okay.
BY MR. GILL:
Q. So just to make sure I understand what
this e-mail really says, the first sentence reads,
"According to the case management spreadsheet you
sent me, I come up with the following number of
cases. Please let me know if this is correct and
whether they include all of your people (Jeff Gray,
etc.)." And then you list a number of cases for
January, February, March, April and part of May. Is
that correct?
A. That's what I'm reading.
Q. Okay. So you had sent an e-mail to Joel
listing the cases that have been brought in in the
past. Correct?
A. Yes.
Q. And who were you sending this on behalf
of?
A. I don't understand the question.
Q. Okay. Were you sending this as part of
your duties for CRO?
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A. I don't recall.
Q. Okay. Could it have been as part of your
duties for CAFI?
A. I don't recall.
Q. Could this have been part of your duties
with The O'Boyle Law Firm?
A. I don't recall.
MR. GILL: We'll mark this next exhibit
as Number 5.
(Defendant's Exhibit No. 5 was marked for
identification.)
MR. GILL: For purposes of the record
this is an e-mail from Denise DeMartini to
Joel Chandler, subject PRR Form, date Friday,
May 16th, 2014.
BY MR. GILL:
Q. Have you had a moment to review that?
A. Yes.
Q. Have you seen this e-mail before?
A. I don't recall the e-mail.
Q. Okay. Does this look like an e-mail you
sent?
A. It appears to be.
Q. Okay. The first sentence reads, "Please
send me CAFI's form that is currently being used."
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Do you see that sentence?
A. Yes.
Q. What is that sentence referring to?
A. I don't know.
Q. The subject is PRR Form. Do you know what
that is?
A. Public records request.
Q. Okay. Was there a form that was being
used for that?
A. I don't recall.
Q. So you have no recollection of what you're
referring to in this e-mail.
A. No.
MR. GILL: Mark this as the next exhibit,
Number 6.
(Defendant's Exhibit No. 6 was marked for
identification.)
BY MR. GILL:
Q. Take a moment to review that.
MR. GILL: For purposes of identification
this an e-mail chain that's entitled Verified
Complaint Templates, and the oldest e-mail on
it is from Joel Chandler to Denise DeMartini
dated Monday, May 26, 2014.
BY MR. GILL:
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Q. Have you seen that e-mail before?
A. I recall the event.
Q. Okay. What do you recall about the event?
A. That I had a conversation with Joel
Chandler about setting up a mail merge template
to -- to shorten the time that it would take for
the attorneys to draft documents. I was looking
for ways to -- for them to work more efficiently.
Q. And the documents you're referring to were
complaints?
A.
I dont
recall
which
documents.
Q.
Is the
e-mail
titled
Verified Complaint
Templates?
A. Yeah. Could have been. Yeah.
Q. What other documents were you trying to
set up so that the attorneys could work more
quickly?
A. I don't recall, but the purpose of it was
to shorten the process for documents that were
repeatedly being drafted.
Q. How would that process work?
A. You would set up a template, and the way
I have done it, you set up a template in Word,
you put in the various fields that would -- with
the information that would differ from case to
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case or subject to subject, and the computer
would automatically insert that information into
the document.
Q. Such as the names of the plaintiff?
A. Yeah. With the names, the dates. You
can make -- there's all sorts of variations.
Q. And who were you writing this e-mail on
behalf of?
A. I don't recall.
Q. And you're asking Joel Chandler as the
director of CAFI if the template was correct?
A. Yes.
Q. Was this for The O'Boyle Law Firm?
A. It may have been.
Q. Well, was it -- do you think it could have
been for CRO?
A. No.
Q. Okay. Do you think it was for CAFI?
A. Maybe.
Q. Did you set up any mail merge programs for
CAFI while you were employed there?
A. No.
Q. So really the only choice is The O'Boyle
Law Firm. Correct?
A. Probably. That would make the most
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sense.
MR. GILL: I'm going to mark this as the
next exhibit, Number 7.
(Defendant's Exhibit No. 7 was marked for
identification.)
MR. GILL: And for purposes of
identification this is an e-mail from Denise
DeMartini to Joel Chandler, subject This
Week's Cases, and it's dated May 28th, 2014.
BY MR. GILL:
Q. Have you had a moment to review that?
A. Yes.
Q. Is that an e-mail you wrote?
A. It appears to be.
Q. And what was the purpose of this e-mail?
A. I'm asking Joel if there were any new
cases this week.
Q. The first sentence says, "I didn't see
anything yesterday or today for new cases for this
week." Is that correct?
A. Yes.
Q. Were you concerned that cases hadn't been
coming in for the week?
A. I don't know what I was concerned about
at the time of the e-mail.
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Q. Who did you send this e-mail on behalf of?
A. I don't recall.
Q. Do you think you sent it on behalf of CRO?
A. No.
Q. Do you think you sent it on behalf of The
O'Boyle Law Firm?
A. Maybe.
Q. Do you think you sent it on behalf of
CAFI?
A. Maybe.
Q. Did an issue arise during your time with
CAFI or The O'Boyle Law Firm regarding the
verification of complaints?
A. Not that I'm aware of.
MR. GILL: Mark this as the next exhibit.
(Defendant's Exhibit No. 8 was marked for
identification.)
MR. GILL: For purposes of identification
this is an e-mail from Denise DeMartini to
Joel Chandler subject Verification of
Complaints, and it's dated May 28, 2014.
THE WITNESS: Okay.
BY MR. GILL:
Q. Do you recall writing this e-mail?
A. No.
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Q. As you sit here today, do you have any
recollection of what it's referring to?
A. No. I don't recall this event.
Q. Were you involved in discussions with
Joel Chandler and others regarding whether CAFI
would be able to provide lawsuits to other law firms
other than The O'Boyle Law Firm?
A. Yes.
Q. Who did you have those discussions with?
A. Bill Ring and Joel Chandler.
Q. Did you speak to Mr. Tweel of Jackson
Kelly regarding that issue?
A. I don't recall.
Q. Do you know who I'm referring to?
A. Yes.
Q. Who is that?
A. Bob Tweel from Jackson Kelly?
Q. Yes.
A. He was our attorney for CAFI. He advised
us with regard to --
MR. DeSOUZA: You can generally describe
the fact that he was your attorney and advised
you on matters but don't go into any details.
THE WITNESS: Yeah.
BY MR. GILL:
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Q. Okay. Who asked that CAFI be allowed to
provide lawsuits to other law firms other than The
O'Boyle Law Firm?
A. I don't understand the last part.
Q. Okay. Is it correct that for a period of
time CAFI was giving all of its lawsuits to The
O'Boyle Law Firm?
A. Yes.
Q. And was that a policy that was in place?
A. I don't know that it was a policy.
Q. Was it a requirement?
A. No.
Q. Okay. How did the issue come about that
was being discussed then?
A. Joel asked me and Bill Ring if he could
send some of the lawsuits out to other attorneys.
Q. And why was he asking you and Bill Ring?
A. We were on the board.
Q. And what was the ultimate decision of the
board?
A. We told him that we would prefer that he
not do that. It was just a matter of convenience
that he continue sending them to The O'Boyle Law
Firm.
Q. Whose decision was that?
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A. Mine and Bill Ring.
Q. There came a time when changes were made
to the CAFI board before Joel Chandler resigned.
Correct?
A. Yes.
Q. And I believe that Kathleen Laca, Peter
Dileo and Joel were added as directors or members.
Is that your recollection?
A. You said Peter Dileo, Kathleen Laca --
Q. And I believe Joel Chandler for a period
of time.
A. I'm not understanding the chronology
there.
Q. Okay.
MR. GILL: Would you mark this as the
next exhibit, please.
(Defendant's Exhibit No. 9 was marked for
identification.)
MR. GILL: For purposes of identification
this is an e-mail chain and the oldest e-mail
is from Denise DeMartini to RTWEEL, subject
CAFI, and it's June 19, 2014.
MR. DeSOUZA: All right. This document I
will object to being introduced or having any
questions asked her of it because it appears
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to be an e-mail from Denise to Bob Tweel,
subject CAFI, seeking legal advice. And so
I'll go ahead and assert a privilege over this
e-mail and instruct her not to answer
questions about the sum and substance of at
least the communications with a lawyer. You
can ask her other questions.
MR. COHEN: Who are you asserting
privilege on behalf of?
MR. DeSOUZA: Well, she at the time, I
believe, was working for CAFI. This is an
e-mail to Bob Tweet, CAFI's attorney, copying
another attorney asking questions about CAFI.
So I would say there is a privilege here. So
if you think that there's not a privilege, you
can disagree, but I'm going to instruct her
not to answer questions about communications
with Bob Tweel.
MR. GILL: Let me ask the questions.
BY MR. GILL:
Q. I don't want to know any advice you were
given, but do you recall a time where Kathleen Laca,
Peter Dileo and Joel Chandler were added to the
corporate documents of CAFI?
A. I know it occurred.
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Q. Okay. How did that come about? And I
don't want to know any conversation you had with
attorneys but --
A. I don't recall.
Q. Okay. Whose idea was it to add additional
people to the corporate documents?
A. I don't recall.
Q. Was it your idea?
A. I don't recall.
Q. Would that have been within the scope of
what your duties were performing for CAFI?
A. I don't understand the question.
Q. Would proposing new members for CAFI's
board been part of your duties and responsibilities
as you saw them at CAFI?
A. Are you asking when I was treasurer?
Q. I'm asking you in June 19th, 2014, would
that have been part of your duties as you saw them?
A. I don't think so.
Q. Had Kathleen Laca been at all involved in
CAFI before June of 2014?
A. You would have to ask her that.
Q. Okay. Are you aware of her performing any
jobs or duties on behalf of CAFI before June, 2014?
A. I don't recall any.
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Q. The same question with respect to
Peter Dileo.
A. Same answers.
Q. When you were treasurer of CAFI, so the
period of time before Joel Chandler resigned, did
you have the authority to issue public records
requests on behalf of CAFI?
A. It's my understanding that any citizen
can make a public records request.
Q. Okay. But with respect to CAFI, so as --
did you see that, that you had the authority to do
that on behalf of CAFI before Joel Chandler
resigned?
A. I'm sure I did.
Q. You have submitted public records requests
to the Town of Gulf Stream on behalf of, I guess,
the Commerce Group. True?
A. I don't recall.
Q. If you did submit public records requests
from your Commerce Group e-mail address to the Town
of Gulf Stream, would that have been at the
direction of Martin O'Boyle?
MR. DeSOUZA: Objection. Calls for a
hypothetical.
MR. GILL: I'll mark an e-mail just to
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have it.
(Defendant's Exhibit No. 10 was marked
for identification.)
MR. GILL: For purposes of identification
this is an e-mail from
ddemartini®citizensawarenessfoundation.org to
Rita Taylor dated July 18th, 2014.
BY MR. GILL:
Q. Have you had a moment to review this
document?
A. Yes.
Q. Do you recall submitting this, I guess,
amendment to a Public Records Request?
A. I don't remember it specifically.
Q. Do you recall who, if anyone, directed you
to submit this amendment?
A. I don't know that anybody would have
directed me.
Q. Okay. And who is this done on behalf of?
A. Citizens Awareness Foundation.
Q. And so at least as early as March, 2014
you did have a Citizens Awareness Foundation e-mail
address. Correct?
A. Yes.
MR. DeSOUZA: You're asking about March
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or July when this e-mail was sent?
THE WITNESS: March.
MR. GILL: I meant March if I --
MR. DeSOUZA: Right, because the e-mail
is sent July 18th. Right?
MR. GILL: Fair enough. Thank you for
the correction.
BY MR. GILL:
Q. So my last question references a March
e-mail. It's actually a July e-mail. It's a March
public records request.
MR. GILL: I'd like to mark this next
e-mail as Number 11.
(Defendant's Exhibit No. 11 was marked
for identification.)
THE WITNESS: Okay.
BY MR. GILL:
Q. Have you seen that e-mail before?
A. I don't recall it.
Q. Based on the content what do you recall
the purpose of -- what do you believe the purpose of
this e-mail was?
A. It appears that I was questioning charges
for a public records request that was made.
Q. And this is from your Commerce Group
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e-mail address. Correct?
A. That's what it says.
Q. Does that lead you to believe this was on
behalf of the Commerce Group as opposed to CAFI?
A. Unless I made an error, but there's no
way for me to know.
Q. Did you make an effort to only use your
Citizens Awareness Foundation e-mail address for
CAFI business and keep your Commerce Group e-mail
address for non-CAFI business?
A. I tried to do that.
Q. Okay.
MR. GILL: Why don't we take a couple of
minute break.
MR. COHEN: Could you just tell us what
that last exhibit was for the record?
MR. GILL: For purposes of identification
that is an e-mail chain, and the oldest e-mail
is from Bill Thrasher dated Thursday,
July 31st, 2014 to Records, and the subject is
GS#1159.
MR. DeSOUZA: What is our anticipated
timing today in terms of lunch and how far
we're going?
MR. GILL: Well, my intention is to
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reserve time at the end in case we get the
call back for the issue we discussed. I'm
getting relatively close on my portion.
MR. DeSOUZA: I'll just state for the
record she's here for seven hours. We can --
you know, we can discuss that after the fact.
I'm sure other people want to ask her
questions. So I would suggest -- I assume you
want to ask questions?
MR. TACHER: Yes.
MR. DeSOUZA: You probably want to ask
questions?
MR. COHEN: Yes.
MR. DeSOUZA: Then why don't we take
lunch at noon or something and come back?
MR. GILL: Yes. Well, I might be able to
finish in like a little bit after noon with my
portion so why don't we do that.
MR. DeSOUZA: That's fine.
MR. GILL: Because I don't think I have
that much left.
THE WITNESS: We're taking a break?
MR. GILL: A couple of minutes, yes.
(A recess is taken.)
BY MR. GILL:
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Q. Ms. DeMartini, you lost your employment
with CRO in June of 2015. Is that correct?
A. Yes.
Q. How was it you came to lose your
employment with CRO in June, 2015?
A. Marty O'Boyle and I had a conversation
where he was making unreasonable requests of me
to spend five days a week in the South Florida
office. I felt it was unreasonable. There was a
lot of tension in the office. I know that he was
under a lot of stress with all the lawsuits that
were pending. I was under a lot of stress being
pulled into all of these lawsuits that were
pending. I was concerned, I was worried, didn't
understand why I was pulled into all these
lawsuits, and when he insisted that I come to the
office, I didn't -- I told him no, I did not feel
that I could emotionally and physically handle
any more pressure and stress to be down there in
that environment given the current situation and
what was going on in the office, so I told him
no. So he asked me to leave and gave me
approximately four weeks to work my way out,
clean up what I was working on and to leave.
Q. Had you been coming down to the office
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regularly before that?
A. I was coming down every other week for
approximately two to three days.
Q. When did that start?
A. When I moved back to Merritt Island in
August of 2013, and as the busier I got, the more
frequent were the visits. It was generally based
on how busy I was and what was -- what was
urgent, what was going on that dictated how often
I went down.
Q. You mentioned there was tension in the
office. Correct?
A. Yes.
Q. What -- describe for me what you're
referring to.
A. Well, I was very upset about the lawsuits
that I had been pulled into, many of which I had
no knowledge of what they were even about. Then
there was the granddaddy of them all, the RICO
lawsuit which I was personally named in that
rocked my world because I couldn't understand why
I was involved in that. And I started to feel
like I was drowning. I had no control over my
life. I'd never been in trouble or done a bad
thing in my life, and all of a sudden I was being
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pulled in and made a part of something that was
false, malicious, intentionally hurtful. I felt
I was under personal attack.
Q. When did the tension in the office start?
A. Oh, it was there a long time, from the
very -- I couldn't give you an exact date.
Q. What -- was it a build-up or was there one
event that precipitated with the tension in the
office?
A. It varied. The RICO lawsuit was
particularly upsetting to me and to everyone in
the office, especially those that were named.
There were other lawsuits that I was named in.
Everybody has a different level of tension.
Everybody handles stress differently. I can't
speak to other people. I could just tell you it
was an unpleasant place to be.
Q. Did you believe Mr. O'Boyle became
distracted with what he was doing?
A. I don't understand the question.
Q. Did you ever describe Mr. O'Boyle as
distracted as a result of all the lawsuits he was
involved in?
A. Distracted from what?
Q. His -- the business of CRO.
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A. You would have to ask him that.
Q. Did you perceive that?
A. I perceived him as very stressed.
Q. Are you aware of how many lawsuits
Mr. O'Boyle had as a plaintiff against the Town of
Gulf Stream?
A. No, I am not.
Q. Were you involved in those lawsuits?
A. I may have been. I don't know.
Q. When you would come to work in the office
for those couple of days after you came back on the
13th, would you still stay at Brenda Russell's or
Mr. O'Boyle's house?
A. Yes.
Q. Would you be reimbursed for your travel?
A. I was either reimbursed for my gas if I
took my car, and I later on rented a car at the
expense of the CRO.
A. Yes.
Q. Did you ever get there in any other way?
A. I don't understand your question.
Q. Did you ever fly?
A. No.
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Q. Are you aware of any other employees that
left CRO Realty around the time you did?
A. I'm aware of that Pete Dileo left after I
did.
Q. Did you ever talk to him why he was
leaving?
A. I may have had a brief conversation with
him.
Q. What did you understand his reason for
leaving?
A. He wasn't happy with -- he wasn't happy
with Marty. There was some kind of a -- there
was something going on between them and he
just -- he wasn't happy.
Q. Did you understand it to have anything to
do with the lawsuits that were pending?
A. I did not ask. I don't know.
Q. Who represented you in the RICO lawsuit?
A. That's a good question.
Q. Only what you remember.
A. I don't remember.
Q. Do you know who paid for your legal
representation?
A. I never really asked that question, but I
had the general impression that somehow the
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office insurance was.
Q. Okay. You did not personally pay for it?
A. No.
Q. Did you pay for any of the representation
associated with the RICO lawsuit that was filed in
federal court or the other ones that were filed in
state court?
A. No.
Q. Have you talked to anyone about going back
to CRO Realty?
A. No.
Q. Do you think you would be permitted to go
back if you asked?
A. I have no idea.
Q. Do you have any interest in going back?
A. No.
Q. Why not?
A. I don't like the way I was treated and I
don't -- I don't like the way I was terminated
after the years of loyalty I gave to the company,
and I don't believe that the atmosphere there is
any different than when I left.
Q. And who do you believe treated you poorly?
A. I believe all of the defendants in my
lawsuit and Martin O'Boyle.
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Denise Martini Vol One
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Q. With respect to the other defendants, for
example, I know Giovani Mesa was another defendant.
Do you believe he treated you poorly?
A. No.
MR. DeSOUZA: I think you're saying
something different.
MR. GILL: Oh.
MR. DeSOUZA: She's talking about
defendants in this lawsuit.
MR. GILL: Okay.
MR. DeSOUZA: You might want to clarify
people at CRO that treated you poorly.
MR. GILL: Yes, I'll just --
BY MR. GILL:
Q. At CRO Realty who treated you -- my
understanding of your testimony was that you
wouldn't go back to CRO Realty because people at CRO
treated you badly.
A. Yes.
Q. Is that accurate?
A. Yes.
Q. Who at CRO treated you badly?
A. Martin O'Boyle.
Q. Okay. Why is it that you don't believe
the atmosphere had changed?
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A. Because it's my understanding that there
are still a lot of lawsuits flying around, some
of which I may even be involved in and don't know
about as usual.
Q. I believe in your answers to
interrogatories you explain that you have a desire
to work in government work. Is that correct?
A. Service work, yes.
Q. What do you mean by service work?
A. I wanted to do something good in being
with an organization, a city, a county, a state
agency that did -- does good work for the public
sector sort of like what I did when I was
volunteering as a guardian ad litem and something
that would make me feel good, get away from the
corporate world.
Q. And did your work at CRO not provide you
with that satisfaction?
A. I did not have that desire until after I
left CRO.
Q. Okay. But the work you did at CRO didn't
give you that type of satisfaction you're looking
for in doing government work?
A. At the time I didn't have desire to do
government work. At the time I was challenged by
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Denise Martini Vol One
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the job that I had and I enjoyed it.
Q. Did you pursue any employment
opportunities with law firms since you've left CRO?
A. Oh, yes.
Q. So you have applied to some law firms.
A. Oh, yes.
Q. Okay. What law firms?
A. Lotane and Associates, my current
employer, and I applied to over a hundred
different places, some of which were law firms,
and I could not give you all the names, and in a
lot of cases they were anonymous. They said they
were a law firm but they wouldn't give their
name.
Q. And you're currently working in a law
firm?
A. Yes.
Q. And where is that law firm?
A. Cocoa, Florida.
Q. Okay. When did you start working with
them?
A. I started August 24th, I believe, of this
year.
Q. And you had -- okay. What -- are you an
hourly employee?
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A. No, I'm a salaried employee.
Q. What's your salary?
A. $52,000 a year.
Q. And are you employed as a paralegal?
A. No, I am the legal manager.
Q. I guess who's your supervisor there?
A. Director of operations is Julie Tookes,
T -o -o -k -e -s.
Q. Were you employed anyplace else before
Lotane and Associates after CRO?
A. Yes, I was.
Q. Where else were you employed?
A. I worked for I Love My Island, Inc., it's
my brother's non-profit, and I worked for his
other business, ILM Ideals which is a for-profit
corporation that publishes a magazine.
Q. Okay. Did you receive one paycheck for
both of those jobs?
A. Yes, I did.
Q. Just let me finish. How were you paid?
A. I was paid hourly.
Q. Okay. And did you have a set schedule per
week?
A. Yes, I did.
Q. And how many hours a week did you work?
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A. I worked forty hours a week.
Q. And how much did you make per hour?
A. I started at fourteen dollars an hour,
and before I left I was making eighteen dollars
an hour with no benefits.
Q. Do you get benefits at your current
employment?
A. Yes, I do.
Q. Did you have any type of probationary
period with Lotane and Associates?
A. Yes, I did.
Q. Are you through your probationary period?
A. Yes, I am.
Q. Other than those two employers have you
had any other employment since leaving CRO?
A. I collected unemployment for 26 weeks and
that was it.
Q. Do you know how much you got in
unemployment?
A. I think it was 200 and -- I want to say
275 a week, but I don't recall. Whatever the max
is, that's what they gave me for 26 weeks.
Q. In your answers to interrogatories you
claim you lost your employment with Brevard County
Sheriff's Office in terms of lawsuits that have been
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Denise Martini Vol One
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filed against you. Correct?
A. Yes.
Q. How do you know that's why you lost your
employment?
A. Because that's what the Brevard County
Sheriff's investigator told me over the phone.
Q. What was his or her name?
A. I don't recall.
Q. Did you get that person's name?
A. I may have. I may have it somewhere.
Q. If I tell you some names, do you think you
would be able to identify it?
A. Maybe.
Q. Was it a Joseph Jenkins?
A. Could be.
Q. Does that name sound familiar to you?
A. I'm thinking it does, but I can't tell
you for sure.
Q. Okay. What about Corporal Leon Maddox?
A. That one rings a bell.
Q. Okay. Do you think that's who you spoke
to on the phone?
A. It may have been, yes.
Q. Did you take a polygraph as part of your
Brevard County Sheriff's Office application process?
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A. Yes, I did.
Q. Did you ever see the results of your
polygraph?
A. No.
Q. Were you ever advised what those results
were?
A. Not officially.
Q. Unofficially were you advised of the
results?
A. I was told that as I went through the
process I would only advance to the next step
once I passed the previous step, and I was past
the polygraph and I was past the next step which
was the psyche evaluation and they were into my
investigation, so I took that as an indication
that I passed the polygraph test.
Q. Have you ever seen any documents that
reflect otherwise?
A. No.
Q. Were you asked questions regarding theft
on your polygraph?
A. Yes.
Q. Did you disclose certain things regarding
that?
A. Yes.
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Q. what did you disclose?
A. I think I disclosed some things from my
childhood. I disclosed a prank with my
girlfriends at a local hotel in South Carolina.
That was it.
Q. And you were never told that the results
of your polygraph prevented you from being hired by
the Sheriff's Office?
A. No.
Q. Are there any other employment --
A. I take that back. Let me correct that.
The gentleman on the phone told me that the
lawsuits in -- that the three pending lawsuits
that were of record against me were not
consistent with my polygraph and my application,
and I said to him -- I remember saying to him
that's because I was not aware until just now
when you told me, so I wasn't aware at the time
of the application or at the time of the
polygraph of their existence.
Q. You were aware of some lawsuits in
existing at the time you applied for Brevard.
Correct?
A.
Yes,
and I
disclosed that.
Q.
Okay.
Did
you disclose those on the
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application?
A. Yes.
Q. Okay. And when the gentleman spoke to
you, did he refer to other lawsuits?
A. I'm sorry?
Q. Well, you said that he said there are
other lawsuits that the gentleman --
A. Yes, the application specifically said
are there any currently pending lawsuits, and I
said no. I remember that specifically because I
called to verify.
Q. Okay. So you didn't disclose them because
you didn't consider them to be pending.
A. I didn't know of their existence.
Q. Okay. But you didn't disclose like the
federal RICO lawsuit because you didn't consider it
pending. Is that true?
A. Oh, no, that was -- at that point that
was over, but I did disclose all of that at the
polygraph and in my application.
Q. Are there any other employment
opportunities that you believe you lost because of
the Town's conduct?
A. Yes, any city, county, state positions I
think a multitude of positions have now been
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taken from me because as I applied other places,
they asked whether or not I've ever been rejected
by a city or government or a county agency, and
have to say yes, so I avoid applying those
places.
100
Q. Let me make sure I understand what you
just said. You believe that you are unable to get a
job with a governmental agency because you're
required to disclose whether you've been rejected by
another governmental agency?
A. Yes.
Q. Okay. Have you actually gone ahead and
applied to any of those positions subsequent?
A. I did apply to the City of Cape
Canaveral.
Q. Okay. And what happened with respect to
that employment process?
A. I never heard back from them. I went
through the interview and I never heard back from
them.
Q. Who did you meet with there?
A. I don't recall her name.
Q. Was that it Jane Ross?
A. Yes.
Q. Okay. Did you interview for a specific
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Denise Martini Vol One
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position?
A. At the time I went in for a position and
she informed me at the interview that it turned
out to be part time and I told her I was looking
for full time, so she said, well, if that's the
case then we really don't have anything for you
right now, and I followed up with her again a few
months later because she said she'd be interested
in me if something came up.
Q. And did anything, when you were in a
conversation with her, come up regarding pending
lawsuits?
A. No.
Q. Did your Brevard County Sheriff's Office
application come up during that application?
A. No.
Q. So why do you believe you didn't get that
job because of anything the town did?
A. Well, I don't know what the -- had they
been -- had they offered me a position, I don't
know what their policy would have been as far as
hiring and how far the process would have gone
and what they would have asked me. There's no
way of knowing. But I can tell you based on
other applications that I went online for city
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102
and county jobs, on the application there was
that question.
Q. Have you been told by any subsequent or
any business you've tried to get a job with that you
were disqualified from being employed because of the
town's lawsuits?
A. No.
MR. TACHER: Could you read back that
question and answer?
(The reporter reads the last question and
answer.)
MR. GILL: I don't think I have any
further questions right now. I know they do
and I think we're going to break for lunch.
MR. DeSOUZA: Let's take a break.
P.M.)
(A luncheon recess is taken at 12:10
(The deposition continues in Volume 2.)
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32:2,13,19,23
33:3,6,12,23,
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23 35:1,3,11,
14 36:3,20,23
38:12,22
39:3,6,14,18,
22 40:4,10,
13,19 41:1,5,
9,12,24 42:8
44:18,22
Denise Martini Vol One
December 19, 2016
50:13 51:2,12
52:2,3,6,19,
24 53:3,9,16
54:12,19,22
55:3,4,7,13,
17,21 57:13
60:4,20,21
61:19 62:13,
20,22 63:11
65:24 66:9
67:2,6 69:3
72:11,18,21
74:9,12 75:5,
19 76:1,6
77:3,22 78:2,
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79:11,15,21,
24 80:4,7,10,
12 83:4,9
CAFI's 32:8
41:20 56:4
69:25 78:12
79:13
call 15:12
84:2
called 15:13,
15 28:16 42:1
99:11
Calls 80:23
campaign
12:12 25:21
Canaveral
100:15
canned 45:21
capacity
50:12
Cape 100:14
car 88:17,19
Carla 8:14,
16,19
Carolina
17:20,21
23:15 98:4
case 59:13
68:9 71:25
72:1 84:1
101:6
cases 8:10
49:18,21
50:11,18 51:2
52:3 58:18
59:12,14,20
60:7,16,19,20
61:6,18,25
62:13,20 64:4
65:16 66:19
68:11,13,18
73:9,17,19,22
93:12
Cathy 63:7
cc'd 56:19
Center 22:5
27:11 32:10,
11
certified
49:14
chain 56:16
60:14 63:4
70:21 77:20
83:18
challenged
92:25
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30:11,13,16
31:18 32:25
33:12 34:6,20
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52:2 56:18
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64:2,24 66:19
69:14 70:23
71:5 72:10
73:8 74:20
75:5,10 77:3,
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35:16 36:9
change 10:9
18:21 19:10
39:13,16,19,
22
changed 91:25
charge 39:3
46:16 62:22
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children 5:13
choice 72:23
chronology
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Citizens 13:1
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city 92:11
99:24 100:3,
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claim 95:24
clarify 91:11
clean 85:24
clean-up
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clear 8:2
clerical 23:3
client 45:14
46:2 52:23
62:16
clients 45:13
61:13 62:15
CLIO 45:6,12,
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close 84:3
closest 17:2
closing 25:13
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18:12,16 78:8
83:15 84:13
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collected
95:16
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53:9
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24:21,24
25:1,3,4
28:14 36:24
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46:11
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70:22 71:12
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50:3 71:10
74:13,21
completed
5:25 6:1
48:19 61:17
computer 72:1
computers
45:1
concerned
73:22,24
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conduct 99:23
conference
23:4
confidential
67:7
congratulated
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considered
31:14
consistent
10:18 98:15
construction
21:23 48:17,
18
consulted
41:16
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content 82:20
continue 41:2
76:23
continues
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9:6 25:10
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conversation
16:2 29:9
55:15 71:4
79:2 85:6
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62:15,19
copied 57:1
copies 14:7,
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copying 78:12
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96:19
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43:1,4 46:15
47:7,13,18
78:24 79:6
92:16
corporation
94:16
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95:24 96:5,25
99:24 100:3
101:14 102:1
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84:23 88:11
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create 45:7,
20
CRO 6:22,24
7:20 8:8,25
9:2,5,8 10:10
11:8,17,20,25
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21:9,16 22:4,
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26:6,18,25
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55:18 56:3
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delivering
58:17 59:20
demand 10:11,
12,19,23
Demartini
4:14,23,24
5:20 18:8
37:24 56:13,
Denise Martini Vol One
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20 63:6 69:13
70:23 73:8
74:19 77:21
85:1
denise 4:14,
23 56:20 63:6
69:13 70:23
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desire 92:6,
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80:23 81:25
82:4 83:22
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22:2 77:7,9
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97:23 98:1,25
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76:14 84:2
discussing
37:24
discussion
34:8
discussions
31:17 37:7
75:4,9
disputes
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distracted
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divide 51:14
document
53:4,5 72:3
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documentation
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door 22:14,19
27:11 42:16
doors 22:23
double 22:23
66:7
draft 71:7
drafted 71:20
drafting 50:2
drive 22:5
27:11 88:19
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efficiently
71:8
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efforts 38:3
eighteen 95:4
eighty 9:19
elaborate
45:23
elected 25:22
election
11:2,15,21,24
12:7,12,13
Denise Martini Vol One
December 19, 2016
25:19 26:10
emotionally
85:18
employed 6:21
8:24 9:2,8
28:15 72:21
94:4,9,12
102:5
employee 7:2,
3 17:23,24
18:19,25 21:1
36:2,16 93:25
94:1
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20:11 25:3
36:3 39:6
43:18,21
49:2,6 50:15
89:1
employer 7:8,
10,15 12:3
31:2 93:9
employers
95:14
employment
10:9 12:17
14:23 17:11
26:3,24 46:9
85:1,5 93:2
95:7,15,24
96:4 98:10
99:21 100:17
encompasses
25:2
end 33:15
34:17 37:13
38:1 55:2
84:1
engagement
53:6,17 54:4,
7,18
engagements
38:4 41:4,6
enjoyed 93:1
enter 22:19,
20,24 48:23
entities
21:10 28:18
51:15,21 54:2
entitled
70:21
entity 27:15,
20 28:8,11,16
36:25 42:1
44:7 51:24
entrance
22:14,16
48:24
environment
85:20
error 63:5
established
47:12
estimate
65:21
ether 47:15
evaluation
97:14
event 71:2,3
75:3 87:8
exact 27:18
47:2 87:6
EXAMINATION
4:17
examined 4:15
exhibit 18:4,
5,9 56:9,10
62:24 63:1
66:14,15
69:8,10
70:14,16
73:3,4 74:15,
16 77:16,17
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83:16
exist 53:17
existence
28:2 42:11
98:20 99:14
existent
22:22
existing
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expect 65:21
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eyes 31:1
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40:22 55:5
85:17 86:22
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85:9 87:2
fields 71:24
figure 66:5
file 40:5,11
59:13
filed 43:4,8
46:14 47:7,
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filing 38:22
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75:6 76:2
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five-minute
37:19
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5:11,21 16:8
42:25 43:5,11
44:12 46:15
47:7,21 85:8
93:19
flow 34:7
65:19 66:8
67:21
Denise Martini Vol One
December 19, 2016
fluctuate
9:24 10:3
fly 88:24
flying 92:2
focusing 9:21
20:5 33:17
49:5 57:3
follow 49:24
foot 22:10
for-profit
94:15
form 7:19,24
9:16 14:25
66:24 69:14,
25 70:5,8
formed 30:19
forming 31:18
forty 19:1
95:1
forward 20:8
37:7,10 57:20
Foundation
13:2 27:16
29:1,5,11
30:23 31:6,9
81:20,22 83:8
fourteen 5:16
95:3
fourth 59:11
foyer 22:16,
21
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60:2
frequent 86:7
frequently
24:7
Friday 66:19
69:14
friendly 16:9
friends 17:2
front 27:8
67:9
full 4:21
18:24 19:11
101:5
full-time
17:10,24
16:18,25
functions
25:9
funded 35:3
43:10,25
funding
35:11,14
36:23
funds 37:1,4
G
gas 88:16
gave 8:11
85:22 90:20
95:22
general 5:5
15:9 25:1
89:25
generally
16:5 75:21
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51:1 61:19
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98:12 99:3,7
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60:3
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33:10,11
37:21,23
38:19 46:20
47:16,17
54:1,9,17
55:25 56:1,8,
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62:23 63:3,23
66:13,17 68:6
69:8,12,16
70:14,18,20,
25 73:2,6,10
74:15,18,23
75:25 77:15,
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10:16 26:20
27:1 30:14
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87:6 92:22
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giving 63:21
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24 32:8 89:19
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government
41:8 92:7,23,
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60:2 68:12
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25:1,4 36:25
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half 22:12
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happened
19:24 100:16
happy 89:11,
14
hard 24:20
head 35:25
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66:12
health 19:2,
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heard 100:18,
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held 50:15
highest 5:24
hire 45:2
48:1
hired 45:6
98:7
hiring 47:23
48:2 101:22
holding 61:7
home 10:4
17:21 23:9,16
24:17
Denise Martini Vol One
December 19, 2016
hotel 98:4
hour 95:2,3,5
hourly 7:2,4
93:25 94:21
hours 7:5,11
8:8 9:14,19,
22 10:8 12:1
18:22 19:1,6,
8,14,20 26:7
84:5 94:25
95:1
house 88:13
Hudson 4:25
hundred 58:17
59:4,17,20
93:9
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husband's
5:19
hypothetical
80:24
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idea 31:18,
21,23 79:5,8
90:14
Ideals 94:15
identification
18:6 56:11
63:2 66:16
69:11 70:17,
20 73:5,7
74:17,18
77:18,19
81:3,4 82:15
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identify 9:13
56:15 63:3
96:12
iffy 17:9
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impacted 31:1
impression
89:25
in-house 9:6
20:24
inception
27:17 31:20
include 57:21
58:4 68:12
included
25:18
including
59:12
income 6:5,8,
13
incorporated
27:24 31:13
32:3 55:14,
17,22 56:5
incorporating
31:23
incorporation
27:20
increase
18:22
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10:14,17
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52:8,11
indication
97:15
industrial
22:9
information
6:5 45:8,14
62:10 71:25
72:2
informed
101:3
initial 33:9
initially
32:19 55:22
56:4
inkling 60:11
insert 72:2
inside 23:1
insisted
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instruct
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interest
90:15
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101:8
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35:12
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100:19,25
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30:17 77:24
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97:15
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96:6
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27:19 29:19
31:16,20 35:8
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Jackson
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38:2,20 39:2
56:5 68:14
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60:2 68:12
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job 15:13
31:1 93:1
100:8 101:18
102:4
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34:3,6,7,20
35:16 36:9
37:7 38:2
39:4,12,14,
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56:18 59:7,20
60:3,15 61:23
62:3 63:5
64:2,23 66:3,
19 68:17
69:14 70:23
71:4 72:10
73:8,16 74:20
75:5,10 76:15
77:3,7,10
Denise Martini Vol One
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78:23 80:5,12
Joel's 58:15
Jon 16:8
42:22 57:20
Jonathan
15:17,25 16:2
29:25 56:19
Joseph 5:20
96:14
Julie 94:7
July 81:7
82:1,5,10
83:20
June 12:17,20
13:8,23 14:24
15:11,18 17:4
33:15,17
34:5,20 38:2,
21 39:1,2,14
40:4,10,13
41:3,11,22
54:23,24
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94:10 95:10
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main 22:16,21
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make 61:1,16
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making 40:24
85:7 95:4
malicious
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manage 65:19
67:20
managed 45:10
management
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manager 21:16
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Denise Martini Vol One
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53:2,16 54:13
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Palm 11:2
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pertinent
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Peter 21:18
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reading 60:10
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Denise Martini Vol One
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Realty 6:22,
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16:4 20:6,12,
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24:18,20 25:3
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28:6 29:2,22
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Responses
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result 87:22
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results 97:2,
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Denise Martini Vol One
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review 56:14,
23 63:24
69:17 70:19
73:11 81:9
RICO 86:19
87:10 89:18
90:5 99:16
Ring 15:3,4,
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62:6 75:10
76:15,17 77:1
Ring's 20:22
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role 29:12
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rooms 23:4
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rule 19:16
run 26:19
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92:18,22
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scope 79:10
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start 9:21
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46:15 47:20
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stated 59:8
statement
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status 16:8
19:11 65:3
stay 24:9,10,
15 55:10
88:12
stayed 24:16,
17 55:7
step 97:11,
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Stream 4:25
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38:8
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Denise DeMartini Vol Two
December 19, 2016
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
CASE NO. 9:16-cv-81371-BB
DENISE DE MARTINI,
Plaintiff,
-vs-
TOWN OF GULF STREAM, WANTMAN
GROUP, INC., RICHMAN GREER, P.A.,
GERALD F. RICHMAN, and ROBERT A.
SWEETAPPLE,
Defendants.
DEPOSITION OF DENISE DE MARTINI
Volume Two
Pages 103 through 266
Monday, December 19, 2016
1900 Northwest Corporate Boulevard
Suite 200 East
Boca Raton, Florida 33431
Stenographically Reported By:
Barbara Bolton, FPR
Florida Professional Reporter
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APPEARANCES:
On behalf of the Plaintiff:
DeSOUZA LAW, P.A.
101 NE Third Avenue
Suite 1500
Ft. Lauderdale, Florida 33301
954-603-1340
Ddesouza@desouzalaw.com
BY: DANIEL DeSOUZA, ESQUIRE
On behalf of the Defendant
Town of Gulf Stream:
JOHNSON, ANSELMO, MURDOCH, BURKE,
PIPER & HOCHMAN, P.A.
2455 E. Sunrise Boulevard
Suite 1000
Ft. Lauderdale, Florida 33304
954-463-0100
Hgill@jambg.com
BY: HUDSON C. GILL, ESQUIRE
On behalf of the Defendant
Wantman Group, Inc.:
PETERSON BERNARD
707 S.E. Third Avenue
Suite 500
Fort Lauderdale, Florida 33316
954-763-3200
rtacher@ftl-law.com
BY: ROBERT F. TACHER, ESQUIRE
On behalf of the Defendants
Richman Greer, P.A. and Gerald F. Richman:
WICKER SMITH O'HARA McCOY & FORD, P.A.
SunTrust Center
515 East Las Olas Boulevard
Suite 1400
Fort Lauderdale, Florida 33301
954-847-4800
jcohen@wickersmith.com
BY: JORDAN S. COHEN, ESQUIRE
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On behalf of the Defendant
Robert A. Sweetapple:
COLE, SCOTT L KISSANE, P.A.
222 Lakeview Avenue
Suite 120
West Palm Beach, Florida 33401
561-383-9256
joshua.goldstein@csklegal.com
BY: JOSHUA A. GOLDSTEIN, ESQUIRE
P R O C E E D I N G S
MR. COHEN: I'm going to mark -- let me
just mark these before we go on.
(Defendant's Exhibit Nos. 12 and 13 were
marked for identification.)
CROSS-EXAMINATION
BY MR. COHEN:
Q. Good afternoon, Ms. DeMartini. My name is
Jordan Cohen. I represent the Richman Greer
Defendants in this lawsuit. It is not my intent to
go over all the ground that was already covered this
morning. I'm going to ask you a couple of follow-up
questions, maybe more than a couple. Then I'm going
to ask you some questions that specifically concern
my client. I've marked as Exhibit 12 to this
deposition a copy of the Amended Complaint that was
filed on your behalf in this case. Have you ever
seen that document before, Ms. DeMartini?
A. Yes.
Q. And do you still go by Ms. DeMartini or
are you using your maiden name?
A. No, DeMartini is fine.
Q. Okay. How long have you been separated?
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A. It's kind of complicated, but I would say
probably about six weeks.
Q. And where is your separated spouse,
Mr. DeMartini, currently residing?
A. Somewhere in Merritt Island.
Q. You don't know where?
A. No.
Q. Does Mr. DeMartini currently have
visitation with your children?
A. Yes.
Q. Do they go visit him where he's currently
staying?
A. Yes.
Q. But you haven't been to where he's
currently staying?
A. No.
Q. Why did you get separated approximately
six weeks ago?
MR. DeSOUZA: Objection. What does this
have to do with anything? I don't think
inquiring into a personal marriage length is
really relevant to this lawsuit unless she's
asserting a claim that as a result of RICO has
caused her to be separated which I don't
believe she is. This is way outside the
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scope.
BY MR. COHEN:
Q. Let me ask you that question, Ms.
DeMartini. Are you claiming that any of your
marital problems are the result of the RICO class
action complaint that was filed naming you as a
defendant?
A. Personal problems with my husband?
Q. Yes.
A. No.
Q. Okay. Is your husband currently employed?
A. Yes.
Q. By who?
A. He works for the State of Florida,
Brevard County, Environmental Division.
Q. What does he do there?
A. He is an environmental specialist.
Q. What does that mean?
A. He does inspections for septic tanks and
he does some type of FEMA work.
Q. And I assure you I don't plan on asking a
bunch of questions about your family, just trying to
get a little bit of background and have a better
understanding who I'm talking to. How long did your
husband have that position working with the State of
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Florida, Brevard County as an environmental
specialist?
109
A. We're in 2016 so he stopped teaching
school for Brevard County the end of the school
year last year, and I believe he started the new
position -- I really don't remember -- probably
around August, September of last -- no, maybe it
was this year -- of last year.
Q. Was there any down time between his
working for the -- as a teacher versus going to work
as an environmental specialist?
A. Yes, he went through the teacher --
through the summer of -- no, it was this year, I
apologize. It was this year. He went through
the summer on the teachers' payroll, and he
started in, I think, September his new position.
Q. September of this year?
A. I believe so.
Q. And for what period of time was your
husband working as a teacher for Brevard County?
A. I believe he taught in the Brevard County
school system for three years.
Q. So starting around 2013?
A. Yes, when we arrived in Merritt Island,
yes.
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Q. Did he get benefits through that job?
A. Yes.
Q. Did you get benefits through his job?
A. Health insurance, vision, dental.
Q. So you had a family plan?
A. Yes.
Q. Were your children covered under your
husband's self-insurance?
A. Yes.
Q. And did you remain on your husband's
health insurance up until August, September of this
year when he left his position as a teacher?
A. Yes.
Q. And are you currently getting benefits
through your husband's employer working for Brevard
County?
A. Yes.
Q. Okay. I thought you testified this
morning that you were getting benefits through your
current employer, the law firm.
A. They do offer benefits.
Q. Are you -- and do you get those benefits
through them or no?
A. Some of the benefits I do.
Q. Okay. What benefits do you get through
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the law firm you're currently working for?
A. I get vacation. I get -- I qualify after
a year for their 401(k). I've taken advantage of
the Aflac insurance that they have which is
separate and apart from my regular -- I've --
which includes disability. Those are the
benefits.
111
Q. Okay. So since 2013 you've received your
health insurance, vision and dental through your
husband's employer's policy. Correct?
A. I don't recall when I came off of CRO's
insurance. I may have stayed on until I was
terminated and then switched over. I don't
recall the dates.
Q. Okay. Well, if you needed to refresh your
recollection on that issue, are there any documents
that you would refer to?
A. I would just call CRO Realty and ask them
when I came off the insurance.
Q. And who would you ask there?
A. Carla McKutchon, the controller.
Q. Was there any gap in coverage between
being covered under CRO's health policy and being
covered under your husband's employer's health
policy?
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A. I don't believe so.
Q. So you're not claiming as damages in this
case that you lacked health insurance for a period
of time. Correct?
A. That's correct.
Q. Okay. The document that I've marked as
Exhibit 12 to your deposition, have you ever seen
that before?
A. Yes.
Q. When is the last time you saw it?
A. Right before it was filed. I may have
looked at it since then a few times.
Q. Okay. So you looked at it before it was
filed? Yes?
A. Yes.
Q. How much time did you spend looking at it
before it was filed?
A. I don't recall.
Q. Okay. Why did you look at it before it
was filed?
A. So that I would understand what I was
claiming.
Q. Were you also looking through to make sure
that the factual allegations that you were making
were accurate to the best of your ability?
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1 1 A. Yes.
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Q. Well, let me ask you right now, Ms.
DeMartini, what are you claiming in this lawsuit?
A. I am claiming that the defendants in my
lawsuit have damaged me in different ways. They
have prevented me from finding the type of
employment that I wanted to find. They have
ruined my name with false and malicious
allegations. They have cost me money in that I
had to deplete my children's college fund in
order to survive after losing my job at CRO
Realty due to this -- due to the RICO lawsuit. I
had to borrow thousands of dollars from my
parents to stay above water financially. They
have ruined my name and they have changed my
future.
Q. Anything else?
A. I think that's enough.
Q. Well, whether it's enough or not, I'm
asking you if that's it. I'm just trying to
understand the claims that you're making in this
lawsuit, Ms. DeMartini.
A. I think that pretty much covers it, yes.
Q. So when -- and let me just try to
unpackage that a little bit. When you say that they
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prevented you from finding the type of employment
you wanted, what are you referring to?
A. They've prevented me from now going to
other civil jobs and filling out applications
without having to divulge that I lost a job
opportunity and was rejected due to lawsuits
filed against me that I wasn't aware of. And
they have now put my name out there so that when
you Google my name, RICO comes up on Google on
the first page and there is my name on a RICO
lawsuit.
114
Q. Has anyone -- has anyone told you that you
can't fill out job applications for other civil jobs
other than the applications you filled out for
Brevard County and the City of Cape Canaveral?
A. No one has told me that, no, but I've
researched it myself.
Q. What research have you done, Ms.
DeMartini?
A. I went online and I applied -- tried to
apply for other jobs.
Q. What other jobs?
A. There were other city jobs, county jobs,
and it was a question on the application, some of
them seemed to be standard, as to whether or not
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I was ever rejected from the county, any city or
county agency.
Q. Okay. And do you recall -- can you give
me the name of any of those other jobs where you saw
those applications as part of your research?
A. I can't recall off the top of my head
because I looked in all of the surrounding areas
from where I live and I couldn't tell you
specifically which ones.
Q. Did you actually fill any of those
applications out?
A. No.
Q. So you didn't truthfully respond, yes, I
applied for another civil job and didn't get it?
A. No.
Q. Why not?
A. Because I did not want to have to explain
and be embarrassed by the fact that there was a
RICO lawsuit once filed against me.
Q. Because otherwise people wouldn't know
about it. Right?
A. I certainly didn't want to call it to
people's attention.
Q. Because otherwise people wouldn't know
about it. Right?
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A. I would never lie about it.
Q. Do you understand my question, Ms.
DeMartini?
A. No, I don't.
Q. You testified that the RICO case ruined
your name.
A. Yes.
Q. Okay. I wanted to know the name of every
individual who's ever approached you and asked you
any questions about the RICO case.
A. Other than everyone who has been involved
in it?
Q. Yes.
A. My family.
Q. So who would that be?
A. I have quite a large family. My
brothers, my sister -in-laws, my parents, my
sister, my brother-in-law, my children, my aunts,
my uncles, I have several of them, I have three
aunts and two uncles, their spouses, my cousins,
I have nineteen of them, my friends. That covers
it, I think. Oh, and the headhunter that I spoke
to over the phone.
Q. Okay. And I know your brother employed
you for some period of time. Were you seeking
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employment from any of those other individuals that
you just mentioned?
117
A. I was trying to work with a headhunter
online that I had come across that was going to
try to help me find a job, but when he found --
he obviously Googled me and then he called me
back and he said that he didn't think it would be
worth his time to try to find me a position
because many of the corporations out there now
use Facebook and Google, and if they see that,
it's going to raise a red flag.
Q. And who is the name of that headhunter?
A. I don't recall his name.
Q. Okay. When did you -- how did you contact
that headhunter?
A. I found him online and then he called me,
I think.
Q. When was that?
A. During my jab search after I was -- I
believe it was after I lost the job at the
Brevard Sheriff's Office.
Q. You never had a job at the Brevard
Sheriff's Office. Right, Ms. DeMartini?
A. I was offered the position, sir.
Q. You were offered the position?
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A. By the Oral Review Board.
Q. Okay. When were you offered the position?
A. I don't have the date in front of me but
my attorney has it. It was the third step in the
process.
Q. And what were the terms and conditions of
the job that you were offered?
A. Is that I had to complete step by step
certain things. Do you want me to go through
them?
Q. Well, that doesn't sound -- we're not
communicating.
A. Okay.
Q. You just testified a minute ago that you
were offered a job at Brevard County.
A. That's correct.
Q. Okay. So I want to know -- I want to know
all the specifics about the job that you were told
that you had. What were you going to do? What were
you going to be paid?
A. I was going to be paid -- I'm trying to
remember what the salary was, I can't remember
off the top of my head, but it was the job of a
communications officer. They were going to send
me to school in September in Melbourne to go
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through their schooling which they were going to
pay for which cost about $4,000.
Q. September of 2015?
A. Sorry, September of -- yes, 2015. And
they said to me in order to make that date we
have to move this process along and to get you on
track for that schooling in September.
Q. And who told you that you had to use your
verbiage this, quote, offer?
A. The head of human resources.
Q. And this was verbal?
A. Yes.
Q. Did you exchange any written
communications, memorializing what you're
characterizing as a job offer?
A. No, she just told me that I will e-mail
you what you have to do next.
Q. Okay.
A. Which she did.
Q. And what did she tell you you had to do
next?
A. I believe what I had to do next was I had
to go get fingerprinted and take a drug test.
Q. And did you do that?
A. Yes, I did.
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Q. Did you pass the drug test?
A. Yes. And then the next step was she
wanted three personal references that they had to
send written questionnaires out to and I provided
those.
Q. Did they actually send those out?
A. Yes, they did. And they were returned.
Q. Who did they send them to?
A. Brenda Russell, Gwen Loudermilk and Wendy
Tijerina.
Q. Were there any other steps that the head
of HR for the Brevard Sheriff's Office told you you
had to complete?
A. Yes, there was a CritiCall test, a
three-hour computer test which I took, completed
and passed. There was the initial typing test
which I took from the very beginning and passed.
Then I had to take a polygraph test.
Q. Did you pass that?
A. I believe I did.
Q. And what's your basis for that?
A. Is that I went onto the next step and she
set up the psyche evaluation.
Q. Did you go through that?
A. Yes, I did.
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Q. So just to be clear, when you were told
that you had a, quote, offer, it was before you had
done any of these other things. Right?
A. That's correct.
Q. It was before you got fingerprinted.
Right?
A. Right.
Q. Before you took a drug test. Right?
A. Right.
Q. Before they contacted any of your
references. Right?
A. Right.
Q. Before you took the CritiCall test.
Right?
A. Right.
Q. And before you took the typing test again
Right?
A. Yes.
Q. Before you took the polygraph. Right?
A. Yes.
Q. Before you sat for a psyche evaluation.
Right?
A. Yes.
Q. You're still calling that a job offer?
A. Yes. And then they said the last step
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was now they just had to get through -- the head
of HR told me we just have to get through the
background check and we can get you to -- get you
set up and ready to go the following week to go
to school.
Q. Do you recall the name of the school that
you were going to be sent to?
A. It was on the -- at the BCC campus in
Melbourne, and it was some type of a special
training program that the Brevard County
Sheriff's Office has there.
Q. Were you going to receive any sort of
college credit for that?
A. I don't know. I don't think I ever asked
that question, but there was testing involved
afterward.
Q. Okay. And you would have to pass the test
in order to work for Brevard Sheriff's Office.
Right?
A. She didn't say that. She made it sound
like it was a training program.
Q. Well, do you know one way or the other?
A. It was a training program. That's what
she told me.
Q. Okay. And it's your testimony that you
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didn't need to actually pass the training?
MR. DeSOUZA: Objection.
Mischaracterizes the testimony.
A. I never got that far.
Q. Okay. And I apologize if I already asked
you this. Did you ever actually trade any e-mails
with the headhunter or it was just all on the phone?
A. It was on the phone.
Q. All on the phone. And then when I was
asking you if there were any individuals who
actually brought up the issue of the RICO case with
you, you said family and you told me you had
nineteen cousins and a bunch of other family
members, the headhunter and then you said friends.
A. Uh-huh.
Q. What friends of yours have asked you about
the RICO case?
A. My three girlfriends in South Carolina,
Gwen Loudermilk, Kim Kitchens, Holly Carathers,
Wendy Tijerina, I have a girlfriend here Lori
Barger. I believe that's it.
Q. Okay. Well, what did you tell them?
A. That was pulled into a frivolous lawsuit
and I was being accused personally of
racketeering.
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Q. Did you tell them anything else?
A. I don't think so.
Q. Well, you told them that you were accused
of racketeering. Did you tell them whether or not
that was a true allegation?
A. I did tell them I was not and they knew
better.
Q. What's racketeering?
A. It is to illegally --
MR. DeSOUZA: Object -- hold on.
Objection. Calls for a legal conclusion. To
the extent you have any understanding of what
racketeering actually means, you can answer
it.
A. My understanding of it is that it is when
you commit illegal acts intentionally for the
purpose of profit or gain.
Q. Your friends that you named, Gwen -- I'm
just going to -- I'm not trying to be familiar, but
I only took down the first names -- Gwen, Kim,
Holly, Wendy, Lori, do any of them have any -legal
training?
A. Not that I'm aware of.
Q. Are you still friends with Gwen?
A. Yes.
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Q. Are you still friends with Kim?
A. Yes.
Q. Are you still friends with Holly?
A. Yes.
Q. Are you still friends with Wendy?
A. Yes.
Q. Still friends with Lori?
A. Yes.
Q. So you didn't lose any of those
friendships as a result of the RICO case. Right?
A. No, I did not.
Q. You also testified that you had to deplete
your children's college fund?
A. Yes.
Q. Okay. I'm going to ask you some questions
about that since you've placed it at issue in the
lawsuit. Where was your children's college fund
maintained?
A. It is maintained in a trust account by a
trustee in BB&T here in South Florida.
Q. And what's the name of the trustee?
A. Brenda Russell.
Q. What's the name of the trust?
A. Santina Marie DeMartini and Joseph
Giovanni DeMartini Trust.
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Q. And when was that trust created?
A. I don't recall the exact date.
Q. Did you use a lawyer to set it up?
A. Yes.
Q. Who?
A. I had -- I'm trying to think of her first
name. She worked in my office. Last name was
Hanna. I can't remember her first name. She
reviewed it for me.
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Q.
Who funded the trust?
A.
My husband and I did.
Q.
Did you make periodic contributions to
fund the
trust or was it all just funded when it was
initially
settled?
A.
It was just initially funded.
Q.
How much did you fund it with?
A.
I don't recall the amount.
Q.
Can you approximate it?
A.
Maybe $50,000.
Q.
And how much money was depleted out of
that trust account?
A.
I haven't added it up but it was
thousands.
Q.
More than
10,000?
A.
I have --
I could
not tell you sitting
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here. I'd have to find out.
Q. More than 20,000?
MR. DeSOUZA: Objection. Asked and
answered.
A. Again, I can't answer you sitting here.
Q. Is the trust account still in existence?
A. Yes.
Q. Is Brenda Russell still the trustee?
A. Yes, she is.
Q. When did you start taking money out of
that trust account?
A. I'd have to look at the records.
Q. Was it before or after you were terminated
from CRO Realty?
A. Both.
Q. So you were taking money out of the trust
account while you were still working at CRO?
A. Yes.
Q. And I've never seen the trust documents.
How would you go about getting money out of the
trust? What did you have to do mechanically to make
that happen?
A. I'd have to send a written request to
Brenda and tell her what the funds were going to
be used for.
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Q. Did you keep copies of those written
requests that you sent out?
A. No.
Q. How would you -- how would you send those
requests to her? Would you put them in the U.S.
mail? Would you e-mail them to her?
A. I would e-mail them or I would verbally
tell her over the phone.
Q. Okay. Well, I thought you testified that
you had to make a written request under the trust.
Is it your testimony that sometimes you just did it
over the phone?
A. Sometimes I did it just over the phone.
I know Brenda kept records so that was good
enough for me.
Q. When is the last time that you took money
out of the trust?
A. I took recently for my son's braces.
Q. You blame that on the RICO lawsuit?
A. His braces?
Q. Yes.
A. No.
Q. Okay. When was that?
A. A few months back.
Q. How much did you take out for that?
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Denise DeMartini Vol Two
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A. I don't recall. It may have been $300
but I don't recall.
Q. Do you recall what's the largest lump sum
that you ever took out of the trust at one point at
one time?
A. No.
Q. As you sit here today, can you recall any
other expenses that you've paid for with trust funds
other than your son's braces?
A. You mean throughout the life of the
trust?
Q. Yes.
A. Let's see. They paid for his trumpet at
one point. I don't remember the date. It paid
for a portion of my daughter's first car when she
got her license when she was seventeen. I would
have to look at the records, but there was
certain things for the children that I took the
money for. And then after losing my job I had to
borrow money personally to pay my bills.
Q. You were still living with your husband at
that time. Right?
A. Yes, I was.
Q. Were you sharing household expenses?
A. Yes.
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130
Q. And you testified in order to have a more
comprehensive list of the things that you spent
trust funds on, you'd have to look at your records.
I thought you testified that you didn't keep records
of the requests you made to Brenda. What records
were you referring to, Ms. DeMartini?
A. Brenda's records.
Q. Okay. If you wanted to get Brenda's
records of your requests for disbursements from the
trust account, how would you go about doing that?
A. I'd call her and ask her.
Q. What would you ask her?
A. To give me an accounting of the last year
of what was taken from the trust and what it was
used for.
Q. And you haven't done that in connection
with this lawsuit. Correct?
A. No.
Q. Do you plan on doing so?
A. Yes.
Q. When?
A. When I get to it.
Q. You also testified that you borrowed
thousands of dollars from your parents.
A. Yes.
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Q. Okay. Similar to the trust situation, is
that something that you were doing while you were
still employed at CRO Realty?
A. No.
Q. Okay. When is the first time in your
adult life that you borrowed money from your
parents?
131
A. In my adult life?
Q. Yes.
A. My father bought me an $800 car when I
was sixteen. I didn't have to pay it back so I
guess that's not a loan. I don't remember. I'm
not a borrower.
Q. Well, when is the first time that you
borrowed money from your parents that you believe is
related to the RICO lawsuit?
A. My parents gave me $3,000 in -- sometime
between July and September of last year.
Q. And your parents wouldn't have had to give
you that money if Marty O'Boyle hadn't terminated
you. Right?
A.
Or
if
I had a
job, yes.
Q.
So
yes
to my
question.
My question is
right.
A. Yes.
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Q. This is all Marty O'Boyle's fault, isn't
it?
MR. DeSOUZA: Calm down a little bit. A
little bit.
MR. COHEN: I'm very calm, counsel.
MR. DeSOUZA: We don't have a
videographer here. I don't need you yelling
at my client. If you want to ask her
questions in a normal tone, she'll answer
them. If not she's not going to.
MR. COHEN: There's only one person here
raising his voice, counsel.
MR. DeSOUZA: Really.
MR. COHEN: Yes. You can answer the
question, Ms. DeMartini.
MR. DeSOUZA: How about we have the court
reporter repeat the question in a way that
you're not yelling at her. Does that sound
fair?
MR. COHEN: I can just ask it again.
THE WITNESS: Go ahead.
BY MR. COHEN:
Q. This is all Marty O'Boyle's fault, isn't
it, Ms. DeMartini?
A. I don't think so.
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MR. DeSOUZA: Objection. Form. What's
all Marty O'Boyle's fault?
BY MR. COHEN:
Q. You don't think so?
133
A.
No.
Q.
Okay. Well, he's the one who asked you to
sit on the board of CAFI. Right?
A.
I don't see what that has to do with it.
Q.
He wasn't? It wasn't him?
A.
What does that have to do with anything?
Q.
You don't think that has anything to do
with the
lawsuit that you filed, Ms. DeMartini?
A.
Whether what has? Be more specific.
Q.
Your role as a director of CAFI.
A.
And what about my role?
Q.
You don't think that has anything to do
with this
lawsuit, Ms. DeMartini?
A.
My role -- no, you sued me personally.
Q.
I didn't do anything.
A.
No, your client did without little
knowledge.
Q. Let's explore that. Well, just before we
do that I want to make sure I close the loop on
this. The thousands of dollars that you contend you
borrowed from your parents, was it just the $3,000
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Denise DeMartini Vol Two
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we were talking about?
134
A. I believe they gave me some more money.
I'd have to look at my records to come up with
any additional funds.
Q. Okay. And what records would you look at?
A. I'd have to ask my father to look at his
records.
Q. You don't keep any of your own records,
Ms. DeMartini?
A. Sure, I do.
Q. The money, whether it was 3,000 or more
than 3,000 that you got from your parents, how did
they give it to you?
A. They transferred it to my account.
Q. Was that a wire?
A. No, it was a bank transfer.
Q. And what bank account did they transfer
that money into?
A. My checking account.
Q. Where is that?
A. Bank of America.
Q. What branch do you bank at?
A. I guess in Merritt Island now. I've have
the bank account for many years. Started in
Coral Springs.
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Q. Do you know the last four digits of the
account?
A. Not off the top of my head.
Q. Do you have any other accounts at Bank of
America or just the checking account?
A. I have two checking accounts at Bank of
America.
Q. Do you use them for different purposes?
A. Well, one used to be a savings but then
it was reverted to a checking account, and that's
how I wound up with two. It wasn't intentional.
Q. All right. So now I'm going to ask you
some questions about the RICO complaint. As of
February -- February 12th, 2015 you were a resident
of Florida. Right?
A. Repeat the date, please.
Q. As of February 12th, 2015 you were a
resident of the state of Florida. Correct?
A. Yes.
Q. And all these questions are going to be as
of that date --
A. Okay.
Q. -- unless I tell you otherwise. All
right? I just want to make sure we're
communicating. You were an employee of the Commerce
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Group. Correct?
A. Yes.
Q. You were the secretary, corporate
secretary of the Commerce Group. Correct?
A. I don't recall that.
Q. Okay. You were the president of CAFI.
Right?
A. I don't recall that either.
Q. You were a director of CAFI. Right?
A. Later on. February of 2015, yes.
Q. Okay. You managed the operations of
The O'Boyle Law Firm. Right?
A. Some of the operations, yes.
Q. And you had been working for Martin
O'Boyle or his companies for over 25 years.
Correct?
A. Yes.
Q. Have you ever heard Martin O'Boyle refer
to you as his, quote, left hand?
A. Yes.
Q. Do you take issue with that
characterization of the relationship that you used
to have with Mr. O'Boyle?
A. No.
Q. That was accurate?
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A. Sometimes.
Q. You directed the operations of CAFI.
Right?
A. As of that date, yes.
Q. You wrote e-mails to Mr. Chandler
suggesting that CAFI should be sending The O'Boyle
Law Firm at least 25 cases a week. Right?
MR. DeSOUZA: Objection.
A. No.
137
Q. You never did that?
A. As I explained to the other gentleman,
any time I asked him for any certain number of
cases, it was only in direct response to what
Joel told me initially he would be sending me. I
was the person that made sure that the work
flowed. I was follow-up. I was just pushing the
flow of the work.
Q. And when you wrote those e-mails, you were
doing that in your capacity as someone who was
managing The O'Boyle Law Firm?
A. I was not managing The O'Boyle Law Firm.
Q. That was Ryan Witmer. Right?
A. That's right.
Q. What was he, a first-year lawyer?
A. I have no idea.
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Q. And that was the guy that you wrote an
e-mail exchange he didn't need to be provided with
updates of what was going on with the firm's cases?
A. In that particular case, yes.
Q. And that was the managing partner of the
firm?
138
A. That's correct.
Q. Did he have an equity position in The
O'Boyle Law Firm?
A. I wouldn't know.
Q. Okay. Do you know what it means to have
an equity position in a law firm?
A. It usually means that you have to buy in.
Q. Okay. Well, when The O'Boyle Law Firm was
first created, who had equity in the firm?
A. I don't know.
Q. Well, how do you know that Ryan Witmer was
the, quote, managing partner?
A. Because I was told he was.
Q. Who told you that?
A. Martin O'Boyle.
Q. What sorts of things did you see Ryan
Witmer do to fulfill his role as managing partner of
The O'Boyle Law Firm?
A. I can't answer that because I don't know
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what the job responsibilities are of a managing
partner of a Law Firm.
Q. Is there currently a managing partner at
the firm with which you're currently employed?
A. Yes.
Q. And that firm mostly does debt collection
work. Right?
A. That's true.
Q. When did you decide that you wanted to
work for a debt collector?
A. I didn't decide. It was a job offer that
was given to me and I desperately needed the job.
Q. You testified in response to some earlier
questions that you decided you wanted to get a job
in the public sector after you were asked to leave
CRO. Correct?
139
A. Yes.
Q. Did you feel that you -- strike that. You
previously testified that you had -- you and
Mr. Ring decided and told Joel Chandler that all of
CAFI's public records and lawsuits had to go to The
O'Boyle Firm. Correct?
A. Yes.
Q. And you were also involved in settling
lawsuits that had been filed by CAFI. Correct?
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A. After Joel left.
Q. That was only after Joel left.
A. Yes.
Q. Okay. Well, who was involved in settling
lawsuits that had been filed by CAFI before Joel
left?
A. Joel.
Q. Anyone else?
A. Not that I'm aware of.
Q. Did you ever have any discussions with
Mr. Chandler regarding how he would go about
fulfilling his role as a director and settling
lawsuits?
ME
A. No.
Q. Well, how did you know what to do when you
took over that position?
A. I asked the attorneys coming to me what
was typically done when Joel was there.
Q. What did they tell you?
MR. DeSOUZA: Objection. Don't answer
that.
MR. COHEN: What's the basis?
MR. DeSOUZA: Communication between the
director of CAFI and the attorneys
representing CAFI? Do you want me to explain
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Denise DeMartini Vol Two
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that to you?
MR. COHEN: So that's not an instance
where she's acting as the manager of The
O'Boyle Law Firm?
MR. DeSOUZA: Why don't you ask her.
MR. COHEN: Well, you're the one
instructing the witness not to answer the
question.
MR. DeSOUZA: Okay. If you are answering
this question as a representative of CAFI
speaking to attorneys for CAFI, then I
instruct you not to answer because that would
be a privileged communication as I'm sure Mr.
Cohen knows.
THE WITNESS: Ask me the question again,
please.
MR. COHEN: Could you read it back.
(The reporter reads the pending
question.)
BY MR. COHEN:
Q. I'll ask it again. Ms. DeMartini, I was
asking you how you knew what to do in terms of
settling lawsuits after Mr. Chandler left, and I
believe your testimony was you spoke to lawyers at
The O'Boyle Law Firm. Right?
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A. I consulted with them.
Q. Who?
A. My attorneys.
Q. Who, the managing partner, Ryan Witmer?
A. No.
Q. Okay. Who?
A. Giovani Mesa, Bill Ring. And Nick --
what's his last name? I forget his last name.
Nick.
Q. And I know what your lawyer is going to
say, but what did they tell you?
MR. DeSOUZA: Objection.
A. That's privileged.
MR. DeSOUZA: I instruct you not to
142
answer.
BY MR. COHEN:
Q. Well, could you just explain factually
what -- what it entailed? What were you actually
doing as it related to lawsuits after Mr. Chandler
left, specifically focusing on the issue of settling
lawsuits?
A. As I said before, I was wrapping up
pending items such as outstanding public records
requests and pending settlement agreements.
Q. What does that mean to wrap up a pending
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settlement agreement? I don't understand that.
A. If there was a settlement agreement on
the table that they needed approval on, it would
be brought to me.
Q. And then what would you do?
A. I would read it, understand it and make a
decision.
Q. Were you ever presented with a possible
settlement while you were performing that function
for CAFI that you did not approve?
A. I don't recall.
Q. Okay. Well, what criteria did you use to
try to determine whether or not a proposed
settlement should be approved?
A. Just making sure that we got back
whatever costs the firm had in it.
Q. What do you mean by that? When you say
costs, what are you referring to?
A. Whatever the costs were for filing the
lawsuit to recoup it and make sure we got the
documents that we had requested in the public
records request, make sure they complied with it
and then I agreed to the settlement. We only
wanted the documents.
Q. And then in your role as -- after Mr.
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144
Chandler left, were there ever instances where the
documents were ultimately produced?
A. Oh, yes.
Q. Okay. And would those then be provided to
you for review?
A. They would be provided not to me
personally.
Q. Did you ever look at a public record that
CAFI obtained through the filing of a lawsuit?
A. I'm sure I did. I'm sure I did.
Q. Can you describe it?
A. Not as I'm sitting here, no.
Q. Okay. So just to be clear, as you're
sitting here today, you can't recall with any
specificity a single record that CAFI obtained
through a public records lawsuit that you looked at?
A. Well, there were a lot of them. For me
to just suddenly remember a specific case would
be a bit difficult.
Q. So I believe you testified that in terms
of determining whether or not a proposed settlement
should be approved, you wanted to make sure that the
filing fees were recovered. Correct?
A. Yes.
Q. You wanted to make sure that the records
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were provided. Correct?
A. Yes.
Q. Okay. So is it your testimony that every
time that you approved a settlement agreement on
behalf of CAFI that as part of that settlement there
was a full production of the records that had been
requested?
A. There would have to be a full production
of the documents before we would settle.
Q. Why is that?
A. Because that was the whole purpose of the
public records request is we wanted documents we
requested.
Q. These settlements that would be proposed
to you, would they include any discussion of
attorneys' fees?
A. The only fees we were looking to have the
law firm recoup is the time that they had put
into the lawsuit and that was it. Wanted to make
them whole.
Q. And as part of this approval process would
you actually reconcile the settlement that was
proposed with any of CAFI's records to actually
see -- let me see how much was incurred in terms of
filing fees and other costs?
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A. The law firm provided that.
Q. So they would provide you a breakdown?
A. Yes.
Q. How would they do that?
A. They would run a report of the time and
dollars that were expended for that case.
Q. So CAFI relied on the law firm to maintain
all those records?
A. I relied on the attorneys to give me that
number.
Q. Did you ever question the numbers that you
were presented?
A. No, because they were my reports that I
had implemented into The O'Boyle Law Firm, and I
knew they were accurate.
Q. So is it your testimony that every time
that there was a proposed settlement that was
submitted to you for approval that the amount of the
settlement being offered would match to the penny as
far as the monetary component, the filing fees and
other costs incurred and the actual time that had
been billed in the CLIO system?
A. That was the objective.
Q. Okay. And my question, Ms. DeMartini, is
as the director, is that something that you were
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A. Yes.
Q. Okay. So you would actually check. You
would look at the records that were being provided
to you by The O'Boyle Law Firm and you would compare
that against the settlement proposal to make sure
that they matched. Right?
A. Yes.
Q. That was important to you. Right?
A. Yes. I cannot tell you they were to the
penny, but they were damn close.
Q. Okay. Why was that important to you?
A. Because that was our policy.
Q. What do you mean by that?
A. It was -- it was a policy. I mean CAFI
was interested in getting the documentation that
they were requesting.
Q. Was it also important to you because CAFI
was chartered as a not-for-profit?
A. That very well could be as well.
Q. Well, how -- and I know you covered this a
little bit and I don't plan on going back over all
this, just ask you a couple of follow-up questions.
How exactly was CAFI funded?
A. Martin O'Boyle.
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Q. Did he just show up with like a briefcase
of money or how did that happen mechanically?
A. I never saw him with a briefcase of
148
money.
Q. Okay. So how do you know that Martin
O'Boyle funded CAFI?
MR. DeSOUZA: Objection. Asked and
answered. You can answer it again.
A. Because I was told that initially when
CAFI was -- when it started.
Q. And that's something Mr. O'Boyle told you?
A. I believe so.
Q. Okay. Did he ever tell you how much, to
what amount he funded CAFI?
A. I don't recall that.
Q. Did he tell you whether or not that was
money that he personally put into CAFI or did he run
it through CRO Realty or one of his other entities?
A. He never said.
Q. Well, I believe you testified earlier that
you had access to the accounting at CRO Realty or
the Commerce Group. Correct?
A. That is correct.
Q. And as part of that you saw that there was
actually separate accounting for CAFI. Correct?
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A. That's correct.
Q. Okay. So there was -- there were records
at CRO Realty tracking the money that went into
CAFI. Correct?
A. That's correct.
Q. Also tracking the expenses cf CAFI.
Correct?
A. That's correct.
Q. And the expenses of CAFI would have
included filing fees. Right?
A. Yes.
Q. Would have included Mr. Chandler's salary.
Correct?
149
A. Yes.
Q. Would have included paying you for some of
your time. Right?
A. From CAFI?
Q. You already testified that you were paid
by CRO Realty at the time --
A. That's correct.
Q. Let me finish my question so there's a
clear record. You already testified that you were
paid by CRO Realty for time that you spent working
on CAFI business. Correct?
A. Yes.
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150
Q. So am I correct that that's something that
would have also been accounted on the cost side to
the extent that CRO Realty or the Commerce Group was
trying to account for CAFI expenses?
A. That's a question for the controller.
Q. Well, you saw the records. Right?
A. I saw the records but I didn't analyze
them and I'm not an accountant.
Q. And you also testified that Martin O'Boyle
initially funded The O'Boyle Law Firm. Correct?
A. Yes.
Q. And how much money did he put into that?
A. I don't know.
Q. Did he have an ownership position in The
O'Boyle Law Firm?
A. I don't believe so.
Q. And similar to the manner in which CRO
Realty or the Commerce Group was tracking money into
CAFI and the cost side of CAFI, was it doing the
same for The O'Boyle Law Firm?
A. Tracking the money that was going into
it?
Q. Yes.
A. Yes.
Q. And that's something that you were privy
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to in your position at CRO Realty. Correct?
A. I was aware of it, yes.
Q. You actually saw it. Right?
A. I didn't go in and analyze the books. I
knew it was happening.
Q. Okay. How did you know that?
A. Because I would see the request for funds
from The O'Boyle Law Firm to CRO, to Commerce
Group.
Q. Would these requests actually run through
A. No, they were running through the
accounting system that was set up for the O'Boyle
Law Firm.
151
Q. What's the name of that accounting system?
A. QuickBooks.
Q. And on the cost side, to the extent that
CRO Realty or the Commerce Group was accounting for
costs of The O'Boyle Law Firm, they would have
included taking out additional office space.
Correct?
A. I'm sorry. What do you mean by that?
Q. I'm trying to understand different costs
that would have been accounted for as it related to
The O'Boyle Law Firm.
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A. Okay.
Q. So there were some costs involved with
taking out additional office space. Correct?
A. What do you mean by additional office
space? I don't understand. What additional?
Q. Okay. It was all -- it was all space that
was already -- already owned by CRO Realty --
A. No.
Q. -- where The O'Boyle Law Offices were?
A. No.
Q. I thought they built out some new space.
A. Yes, they did.
Q. Who paid for that?
A. Marty O'Boyle did, but the building was
owned by Commerce Partnership 8908 Limited
Partnership.
Q. And is that a partnership that's owned by
Mr. O'Boyle?
A. He is president of the general partner,
Yes.
Q. Who's the general partner?
A. I don't remember.
Q. So, again, getting back to my questions
about different costs that were being accounted that
you related to The O'Boyle Law Firm, was it paying
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A.
I think
they
were.
Q.
Did they
have
to pay for improvements to
the space?
A. That was a loan from Martin O'Boyle so
they were not paying at the time of start-up
because obviously they didn't have it, but that
was being recorded as a loan.
Q. Okay. Did -- okay. Did they have to pay
for the computer setup?
A. That was also an expenditure for the law
firm that was recorded as a loan.
Q. Okay. How do you know that?
A. Because I know that the law firm believes
they have a huge loan payable to Marty O'Boyle.
Q. How big?
A. I don't know.
Q. Well, what's your basis to testify that
the law firm believes they have a huge payable to
Mr. O'Boyle?
A. Because he is covering salaries, he's
covering rent, he's covering the initial
construction of the space, the computers. He
paid for the initial setup and operation of the
law firm.
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154
Q. Is there actually any written loan
documentation or a note?
A. I don't know.
Q. And has anyone -- I know you explained --
explained a bit, but has anyone actually told you
that The O'Boyle Law Firm has a huge payable to
Mr. O'Boyle?
A. Yes.
Q. Who told you that?
A. Marty O'Boyle.
Q. When did he tell you that?
A. I don't know the exact date.
Q. So before or after he terminated you?
A. Before.
Q. And then you testified earlier that when
you were performing work for The O'Boyle Law Firm
that you were being paid for that time through CRO
Realty. Correct?
A. Yes.
Q. And is that something that was being
accounted for as part of the moneys that were loaned
to The O'Boyle Law Firm by Mr. O'Boyle?
A. I don't know.
Q. I want to -- I want to ask you about the
manner in which you were being compensated when you
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were part
time when you went back to work for CRO
Realty and then I understand the transition to full
time. Okay? As I understand your prior testimony,
you were
self -reporting your time?
A.
Yes.
Q.
Okay. And you were -- the overwhelming
majority
of your time you spent working from home.
Correct?
A.
Yes.
Q.
Do you have a home office?
A.
Yes.
Q.
Do you deduct that on your taxes?
A.
I don't know. I'd have to ask my
husband.
Q.
And how were you accounting for your time?
Would you
actually fill out time slips? Were you
keeping track of it electronically anywhere?
A.
I used to keep a note pad next to my
desk --
on my desk and I would track my time.
Q.
Do you still have those note pads?
A.
No.
Q.
When did you get rid of them?
A.
As time went on I would throw the old
stuff away, and I haven't -- I don't think I have
any of them.
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Q. Okay. So, again, I'm just trying to
understand the mechanics of it. So you would keep
track of your time on a note pad. Correct?
A. Yes.
Q. And on the note pad would you write down
just the amount of time that you spent working on
different tasks or would you also explain what you
had done?
A. I think I was just generally keeping my
time. There were instances where because I was
putting in so much time that I started to -- just
for my own sake started to break down to see
where I was spending my time, how much was being
spent here, how much was being spent there, but
for my own personal reasons. So --
Q. What do you mean by that?
A. In other words, I was interested in
knowing where was I spending the majority of my
time because sometimes Marty would ask me why
isn't this getting done as far as CRO, and I felt
like I was being a bit stretched, and so I wanted
to look at it so that I could have an answer for
him and say to him, well, I'm spending this many
hours a week doing this for the law firm and this
many hours a week in CAFI and this many hours a
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week doing this for CRO so I could have some kind
of an explanation for him. So I did that
periodically, but it wasn't generally something I
did on an ongoing basis.
Q. When did you start doing that?
A. I did it on and off throughout my
employment with him depending on, you know, when
he would start asking me, you know, questions.
Q. Sounds like he was a pretty tough boss?
A. He could be.
Q. When you actually did that exercise where
you would track your time working for CRO versus
your time working for CAFI versus your time working
for the O'Boyle Law Firm, what were the results of
that?
A. It varied depending on the week,
depending on the month, depending on what was
going on. During the hiring process for the law
firm and during the initial system setup of
reporting and the softwares for The O'Boyle Law
Firm, I spent the majority of my time doing that.
Then depending on what came up with the CRO
Realty, if there was an issue that came up that I
had to handle that took priority, everything else
would fall by the wayside and I'd have to focus
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on that so it bounced.
Q. Were there periods where you spent the
majority of your time working on CAFI business?
A. I don't think so.
Q. Ever spend half your time working on CAFI
business?
A. Maybe periodically for short periods of
time.
158
Q.
But you do recall there were periods of
time where
you were spending the majority of your
time working
for The O'Boyle Law Firm. Correct?
A.
For a short period of time, yes.
Q.
Okay. And I know you testified that you
were kind
of keeping these records for your own
benefit.
Would you -- you wouldn't report that when
you were
reporting your hours?
A.
No. Nobody would look at it.
Q.
What do you mean by that?
A.
There would be nobody to look at it.
Q.
Who were you reporting your hours to?
A.
The controller.
Q. Carla?
A. Uh-huh. Yes.
Q. Yes? And how were you reporting your
hours?
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A. I would e-mail them to her or I would
call them in to Brenda.
Q. And the e-mail that you would send to
Carla regarding your hours, would it include any
breakdown in terms of what -- let me finish my
question -- in terms of what hours you worked on
which different day?
A. No.
Q. So -- and were you doing this weekly,
biweekly?
A. Biweekly.
Q. So biweekly you would just send an e-mail
to Carla where you would just identify an aggregate
number of hours worked?
A. Yes.
Q. And would she ever come back to you with
any questions about the time you submitted?
A. No.
Q. Are you aware of any instances where The
O'Boyle Law Firm on behalf of its client CAFI
settled a public records lawsuit that included a
monetary settlement that was in excess of the fees
and costs that had been incurred in that case?
A. Am I aware of one?
Q. Yes.
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A. No.
Q. That never happened?
A. I don't know.
Q. You're aware of those allegations having
been made in the past. Correct?
A. Yes.
Q. Okay. And you didn't think it was
important to try to determine whether or not those
allegations were in fact factually true?
MR. DeSOUZA: Objection. Form. Give her
a timeline here, like today or when they were
made.
BY MR. COHEN:
160
Q. Ms. DeMartini, if you don't understand my
question, I trust you'll ask for clarification. Did
you understand the question?
A. Yes, I did.
Q. Can you answer it, please?
A. Yes, I can. In some of the reports that
I had created for The O'Boyle Law Firm one of the
reports, the main purpose of it was to understand
exactly what the costs were and what the firm was
losing, they were losing quite a bit of money,
and what the settlement amounts were. And I
reviewed it myself and I never saw anything in
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Denise DeMartini Vol Two
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excess of what the settlement costs were. There
were more losses than there were anything.
Q. Okay. And I'm not -- and I appreciate
that response and I think you may have kind of
answered a question and I'll try to be a little more
precise because I'm asking you kind of on a
case-by-case basis not in the aggregate.
A. Okay.
Q. I'm not asking you whether or not The
O'Boyle Law Firm was a great profit center for Marty
O'Boyle. I'm asking about the resolution of
individual public records cases. You're aware of
the allegation that The O'Boyle Law Firm was
settling cases on behalf of its client CAFI of which
you were a director --
A. Uh-huh.
Q. -- where the monetary terms of the
settlement were in excess of the fees and costs that
had been incurred. Correct?
A. Yes.
Q. Okay.
MR. DeSOUZA: Objection. Asked and
answered.
BY MR. COHEN:
Q. And so my question -- and then I had asked
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you if that had ever happened and you said you
didn't know. Right?
A. That's right.
Q. Okay. So then my next question, which I
don't believe has been answered, is at any point in
time while you were involved with CAFI, did you try
to determine whether or not those allegations were
true?
MR. DeSOUZA: Objection. Asked and
answered. Try it again. You can repeat what
you just said.
MR. COHEN: Actually I'd appreciate an
answer to the question.
MR. DeSOUZA: Asked and answered.
A. What date are you talking about?
Q. I'm talking about the entire time period
while you were a director of CAFI.
A. I'm sorry, you're going to have to say it
again.
Q. My question, Ms. DeMartini, for the third
or fourth time, I'm not counting, is whether at any
point in time while you were serving as a director
of CAFI did you try to determine whether or not the
allegations that had been made that The O'Boyle Law
Firm was settling public records lawsuits on behalf
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of its client CAFI for monetary amounts in excess of
the actual fees and costs incurred, did you ever try
to determine that, yes or no?
A. I did not try to determine it based on
the allegation because I knew it not to be
correct. However, while I was the director I did
pull a report that I had caused to be created,
and I looked at it myself in order to determine
the losses to the law firm, and in reviewing that
I found that the settlements were in line with
what the costs were or the law firm was losing a
lot of money.
Q. So you did actually undertake an analysis
to determine whether or not those allegations were
true.
A. I didn't do it for that purpose is what
I'm saying to you because I knew the allegation
was not true.
Q. Well, how did you know that?
A. Because that's not how we did business.
Q. How did you do business?
A. I explained it to you earlier.
Q. Try it again.
A. I explained to you that we were
interested in the public records and we were only
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interested in having the law firm recoup their
time and their expenditures. That's how we
operated.
Q. Have you -- first of all, are you aware of
the fact -- well, it's referenced in your complaint.
A. Yes.
Q. You're aware of the fact that Joel
Chandler provided a sworn statement to
Mr. Sweetapple. Correct?
A. Yes.
Q. Have you ever seen it?
A. No.
Q. I'd like to turn your attention to what we
marked as Exhibit 12 which is the Amended Complaint
that was filed in your behalf. On page 8, paragraph
44 -- do you have that in front of you?
A. Yes.
Q. You see there's a reference to the sworn
statement of Mr. Chandler as referred to earlier in
paragraph 42?
A. Okay.
Q. And it states, "Notably, the sworn
statement contains scant allegations concerning
Plaintiff." Do you see that?
A. Yes.
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Q. How do you know that if you've never seen
A. I was told.
Q. Who told you that?
A. My attorney did and several other people,
people told me.
Q. Well, who else told you other than your
attorney?
165
A. I believe some of the attorneys from The
O'Boyle Law Firm.
Q. Who?
A. Bill Ring, possibly Giovani. I don't
exactly remember.
Q. Earlier on that page, paragraph 42, you
state, "At that time," that's referring back to an
October, 2014 town meeting -- first, have you
actually seen the minutes of the October 10, 2014
Town of Gulf Stream meeting?
A. I may have. I've attended some of them
and I read some of them. I don't recall as I sit
here.
Q. Okay. When you were attending Gulf Stream
town meetings, is that another task that Mr. O'Boyle
was paying you for?
A. I went on company time if that's what
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you're asking me.
Q. And you were paid for that. Right?
A. Yes.
Q. Okay. And you state in paragraph 42, "At
that time, however, the only 'facts' available to
Richman were the identities of the plaintiffs that
filed public records lawsuits against Gulf Stream
and/or Wantman (none of which were filed by
Plaintiff) and a sworn statement of Mr. Chandler
that was surreptitiously obtained by Sweetapple
during a secret meeting with Mr. Chandler in July
2014." Do you see that?
A. Yes.
Q. How do you know that?
A. I was told of the secret meeting between
Mr. Sweetapple and Mr. Chandler by several
people. I was also given snippets of what the
sworn statement said from Mr. Chandler. That's
how I know.
Q. Are you aware of any -- of any factual
assertions made by Mr. Chandler in that sworn
statement that are not factually true?
A. I'd have to reread it to tell you that.
Q. All right. Well, I am asking you as
you're sitting here today as the plaintiff in this
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lawsuit, as you sit here today, are you aware of any
factual assertions made by Mr. Chandler in that
sworn statement that you contend are not true?
MR. DeSOUZA: She already answered it.
She said she'd have to read it so put it in
front of her.
A. Yeah, why don't you let me read it.
Q. So you can't name any as you sit here
right now.
A. I don't recall.
Q. Okay. How do you -- my question as it
relates to paragraph 42 is, how do you know what
facts were available to Richman as of October 10,
2014? How do you know that?
A. Well, first of all, I don't believe
Mr. Richman met with Mr. Chandler.
Q. What's your basis for that?
A. Mr. Chandler certainly would have made
that known. And I believe that Mr. Richman,
after making a public video on the news calling
us criminals and saying that what we were engaged
in was extortion, plain and simple, I think it
was something that he just made up, heard from
someone and decided to jump on the bandwagon just
to stop public records lawsuits. I don't think
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he had any personal knowledge of anything.
Q. You think Mr. Richman just made this all
up?
RM
A. I think Mr. Richman took the -- probably
had the opportunity to read Mr. Chandler's
affidavit and believed what the man said.
Q. And as you sit here today, you can't
think -- you can't identify a single allegation made
by Mr. Chandler that's not true. Right?
MR. DeSOUZA: Objection. She just
answered it twice before and she's not
answering it again. So if you want to put a
statement in front of her, feel free, but stop
asking the same question because perhaps at
some point tonight we all want to go home.
BY MR. COHEN:
Q. Let's talk a little bit about you just
testified that Mr. Richman made a statement that we
were all criminals, extortion, plain and simple. Is
there -- there's an interview that you're referring
to?
A. He did a news interview I was told.
Q. Have you ever seen it?
A. You know, I may have YouTubed it, but I
don't recall right now. I was not in a very good
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state of mind at that time. And to see it
would -- wouldn't be a good thing for me, being
given my state of mind. But I did hear about it.
I may have looked at it. I don't remember. But
it was also my understanding that he also spoke
to law enforcement and he also tried to reach out
to general attorneys with regard to the
defendants of the RICO lawsuit.
Q. Okay. Are you done with your response? I
don't want to cut you off.
A. Yes, go ahead.
Q. Has anyone ever told you that they saw
this interview of Mr. Richman that you just referred
to?
A. I believe somebody did.
Q. Who?
A. I don't remember.
Q. And is it your testimony that Mr. Richman
actually referred to you, Denise DeMartini, during
that interview?
A. Absolutely. He referred to the
defendants and I'm listed as a defendant
personally.
Q. Okay. So it's your testimony that
Mr. Richman actually said your name Denise DeMartini
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as part of that, quote, interview?
A. He lumped me together with others and I
was included.
Q. Well, how in the world would anyone know
that you're included in, quote, others listening to
that interview?
A. That doesn't make it right.
Q. That's not my -- answer my question,
please.
MR. DeSOUZA: Objection. Calls for
speculation how other people would know any of
that.
MR. COHEN: I agree that this entire
lawsuit is speculation, counsel.
BY MR. COHEN:
Q. Can you answer my question, Ms. DeMartini?
MR. DeSOUZA: That's fantastic. If
you're asking her to speculate how other
people would know things, that's not a proper
question.
MR. GILL: I'm asking her to explain her
allegations. And I'd appreciate it if you'd
stop coaching the witness.
MR. DeSOUZA: Well, I don't need your
comments on what this lawsuit is about either.
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You can keep those to yourself.
A. It wouldn't take much for any citizen to
look up online the RICO lawsuit that he was
referring to to see who he was talking about.
You wouldn't have to be a rocket scientist to do
that.
Q. Do you know of a single instance where
anyone did that?
A. I did.
Q. Do you know anyone else who did?
A. I did and that was bad enough.
Q. Do you know anyone else who did, yes or
no?
A. I am not going to ask anyone. I am not
pointing it out to anyone.
Q. Okay. And has anyone -- has anyone
pointed it out to you, Ms. DeMartini?
A. Yeah, the headhunter I spoke to you
about.
Q. Anyone else?
A. He found it.
Q. Anyone else?
A. So far, no, but I've been laying low.
Q. Is that what you call filing this lawsuit,
Ms. DeMartini, laying low?
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MR. DeSOUZA: Give me a break. You can
answer.
A. I don't want to.
Q. What are you saying? What you don't want
172
A. I don't want to answer.
Q. Okay. What do you hope to get out of this
lawsuit, Ms. DeMartini?
A. Justice.
Q. What does that mean?
A. Justice. What was done to me was
horribly unfair, it was damaging, and all of you
should have known better. You're all attorneys.
You understand procedure. You understand the
law. You're supposed to understand the facts and
find the evidence. Okay. Lumping me together
with everyone else in this lawsuit was very --
was malicious behavior and it was unfair and I
believe that it was just a retaliatory -- you
were retaliating against me, you were acting in a
very revengeful fashion based on you were pissed
off at Martin O'Boyle and Chris Chandler for
filing public records requests. That's what this
is about. And you decided you were going to ruin
everybody's world, including mine, and that's
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exactly what you did. That's exactly what you
did. It was totally unnecessary. You had no
basis to include me. And I also believe you had
no basis for half the people on there, most --
all the people on there. I think it was just
spite.
Q. Against you personally.
A. Against everybody. Everybody. The way
they attacked everybody. Jonathan O'Boyle, Chris
O'Hare, Nicholas Taylor, all of us. I think it's
a disgrace, and I think you all should have known
better.
Q. Were there any defendants there that you
believe were appropriate defendants in the RICO
lawsuit?
A.
Absolutely not.
Q.
Okay. Not even Marty O'Boyle.
A.
Absolutely not.
Q.
He didn't do anything wrong.
A.
Absolutely not.
Q.
Do you wish you'd never become associated
with CAFI
in the first instance?
A.
No. That's not true. That's not true.
Q. Are you proud of the work that you did
with CAFI?
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A. I'm not proud about it. I mean it wasn't
my favorite thing in the world to do, but I
didn't have a problem with it.
Q. Okay. But my question was --
A. I think First Amendment rights are
important.
Q. Okay. And what did you do, Ms. DeMartini,
to try to further exercise the First Amendment
rights as it relates to CAFI?
A. Well, we were relying on Joel Chandler
because he was supposed to be the public records
expert, but he sadly disappointed us all when we
found out what he was really all about, and he
took us down a road that just didn't end very
well.
174
Q. What did Mr. Chandler do that disappointed
you, Ms. DeMartini?
A. Joel Chandler is not capable of telling
the truth, and I don't -- I think he's a liar and
I think he's a con man.
Q. What exactly, though, did Mr. Chandler do
that disappointed you and CAFI?
A. He spewed lies about all of us.
Q. What lies did he spew about -- first, what
lies did Mr. Chandler spew about CAFI?
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A. I believe and I haven't seen the
affidavit but it was my understanding that he
said a lot of false things about the way things
were being done at CAFI. I think he was bitter
that he lost a really good job. He was mad that
he didn't get things done his way. He couldn't
run the show totally. And I think that he
purposely went out of his way to hurt people.
Q. Including you?
A. Oh, I'm sure he said a few untrue things
about me, too. I'm sure.
Q. So are you proud of the work that you did
at CAFI?
A. Yes, I worked very hard.
Q. Would you characterize CAFI as a success?
A. No, because it did not accomplish its
ultimate goal.
Q. Well, once the liar and con man,
Mr. Chandler, was out of the way, what was stopping
you as the director from accomplishing CAFI's
ultimate goal?
A. The fact that I was busy doing two other
jobs and I didn't have the expertise that
Mr. Chandler had to do it and I didn't have the
connections that he had in the state of Florida
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to do it. He knew everyone. That was his -- you
know, his baby. I couldn't do it as easily as he
could.
Q. And when you talk, Ms. DeMartini, about --
strike that. I'm just going to ask you some
questions about your lawsuit as relates to my
clients and I'm going to be wrapping up. You need
to take a break or are you doing okay?
A. I'm fine.
Q•
MR. TACHER: I need to take a break. I
apologize. I need to make a call.
MR. DeSOUZA: Let's take a break.
(A recess was taken.)
BY MR. COHEN:
Q. Ms. DeMartini, before the break I was
asking you some questions about your involvement as
a director of CAFI as it related to approving
settlements, and you testified that the attorneys at
The O'Boyle Law Firm would present you with a
proposed settlement which would include a breakdown
of fees and costs. Correct?
A. Yes.
Q. And you would not -- you weren't looking
at any records that CAFI was independently
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maintaining to verify that information. You simply
accepted the information that had been presented to
you by the lawyers at The O'Boyle Law Firm.
Correct?
A. Yes.
Q. Okay. So would it be fair to say that in
your capacity as a director of CAFI approving
settlements that you deferred to the attorneys at
The O'Boyle Law Firm?
A. And the reports that they provided me,
yes.
Q. Okay. Do you recall an attorney by the
name of Nick Taylor?
A. Yes.
Q. And how did you -- in what capacity did
you know Nick Taylor?
A. He was one of the attorneys of The
O'Boyle Law Firm.
Q. And did you ever have an occasion to
discuss a proposed settlement with Mr. Taylor?
A. I seem --
MR. DeSOUZA: You can answer that yes or
no, not the substance of any conversations
with him.
THE WITNESS: Yeah.
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A. I seem to remember more with Gio than I
did with Nick. I don't really recall doing that
with Nick.
Q. Okay. Gio would be Giovani Mesa?
A. Yes.
Q. And Mr. Mesa was experienced with the
policies of The O'Boyle Law Firm as it related to
settling cases?
178
A. Yes.
Q. Okay. And also Nick Taylor was familiar
with the policies of The O'Boyle Law Firm as it
relates to settling cases. Correct?
A. As far as I know, yes.
Q. And I'm talking specifically about --
well, strike that. You were asked this morning, and
I believe it was in the context of Martin O'Boyle
asking you to join CAFI as a member of the board,
whether you felt that was something that you had the
ability to say no to given the fact that he was your
long-time employer. Do you recall being asked that
question?
A. Yes.
Q. And I believe your answer was that you
felt that you were free to decline that -- that
request. Correct?
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A. Yes.
Q. Okay. Can you recall any instances --
other than when Mr. O'Boyle asked you in the late
spring of 2015 to start working full time out of the
Deerfield Beach office and you said no, can you
recall any other instances over the period of time
that you worked for Mr. O'Boyle where you refused to
do something that he asked you to do?
A. Over a period of thirty years? Yes.
Q. What?
A. There were many times. What
specifically? I don't recall off the top of my
head but I can tell you the why's.
Q. You can tell me the --
A. The reasons.
Q. Okay. Please do.
A. Generally if I didn't want to do
something, it would be because I was either over-
burdened with work and I knew I could not focus
the time necessary to do a good job or I would
tell him I did not feel that I was qualified
enough or felt comfortable enough with the task
to do it or I would -- those were basically the
two reasons.
Q. Okay. And in addition to assisting
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Mr. O'Boyle with the business of CRO Realty or the
Commerce Group, you also -- you testified that you
also assisted him with some more personal matters
for which you were compensated. Correct?
A. Personal matters such as?
Q. You worked on his efforts to get voted on
to the Gulf Stream --
A. Yes.
Q. -- City Commission. Correct?
A. Yes. Yes.
Q. And you were paid for that. Right?
A. Yes.
Q. And then you also did some work as it
related to the election of Dave Aronberg?
ME
A. Yes.
Q. Okay. And was that CRO Realty business or
was that something that was more of a personal pet
project of Mr. O'Boyle, if you know?
A. I don't know how it would have been
related to CRO Realty.
Q. Okay. And I know I asked you a kind of
very broad question and I appreciate your response
that you couldn't recall the particulars but you
gave me the why's. Can you recall any instances
where Mr. O'Boyle asked you to do something that
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wasn't related to CRO Realty as to which you said
no?
A. He sometimes asked me to go to Knoxville
to our shopping center out there, and there were
times I had to tell him no.
Q. Well, that was CRO Realty work. Right?
A. Yes.
Q. Okay. So I'm asking with the exception of
CRO Realty work, anything he ever asked you to do
that you said no to.
A. I can't recall anything right now.
Q. You did everything he asked you to do as
it related to CAFI. Correct?
A. That he asked me to do?
Q. Yes.
A. No. He didn't manage CAFI.
Q. Well, he asked you to join the board.
Right?
A. That's all he asked me to do.
Q. Okay. You oversaw the finances on his
behalf. Right?
A. Of which entity?
Q. CAFI.
A. I somewhat did, yes. I was aware of
them.
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182
Q. And you did everything that he asked of
you as it related to The O'Boyle Law Firm. Correct?
A. Yes.
Q. Did you come down for your deposition this
morning?
A. No, I came down yesterday.
Q. Where did you stay last night?
A. At my aunt's house in Coral Springs.
Q. You testified in response to some
questions -- and I'm just filling in gaps, I'm
almost done -- you testified in response to some
questions this morning that you were -- when you
moved back down to Florida you were working part
time for CRO Realty and Commerce Group, and then at
things got busier you started working full time.
A. That's correct.
Q. Do you recall that testimony? Okay. That
transition, the additional work that led you to go
from part time to full time, was that related to CRO
Realty and Commerce Group or was that related to
CAFI and The O'Boyle Law Firm?
A. I moved here in August of 2013. Being
closer to the office I went to the office more
which promoted more responsibility being put on
me which naturally affected the hours that I was
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working because it's much easier to work when
you're face to face rather than when you're over
the phone with someone. So I was getting a lot
more involved with the day-to-day business again
so my hours started to grow there, and then when
CAFI came along, that added some more
responsibility and the Law Firm had more
responsibility so it was a progression.
Q. You were asked some questions about
Mr. Chandler and his compensation. I believe you
testified that his salary was initially funded by
Mr. O'Boyle. Correct?
183
A. Yeah.
Q. And I believe you testified you had the
number 120,000 in your head somewhere?
A. Yeah, it was in my head. I don't know
how accurate it is.
Q. How did you feel when you learned that
Mr. O'Boyle was paying Mr. Chandler $120,000?
A. I didn't feel anything.
Q. Was he paying you $120,000?
A. No.
Q. Did you feel it was fair that Mr. Chandler
was getting $120,000?
A. He was supposedly the expert in his
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field. I couldn't do what he was doing.
Q. You testified around the time you were
terminated from CRO Realty/Commerce Group that you
also stopped doing any work for CAFI. Right?
A. Yes.
Q. Did you actually formally tender a
resignation to CAFI?
A. I did -- I believe I did send an e-mail
telling them I wanted to be -- I wanted them to
resign.
Q. Who did you send that to?
A. It may have been to Bill Ring or to
Brenda Russell. I'm really not sure.
Q. Have you had any discussions with Mr. Ring
regarding the lawsuit that you filed?
MR. DeSOUZA: This lawsuit. Right?
MR. COHEN: Yes.
A. I don't think so. Maybe but if I did --
I really don't recall.
Q. Has anyone ever represented you in
relation to this lawsuit other than Mr. DeSouza?
A. No.
Q. Have you had any discussions with Brenda
Russell regarding this lawsuit?
A. Yes.
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ME
Q. What have you and Ms. Russell discussed?
A. She knows that I filed the lawsuit and
she knows that I'm here for deposition. That's
the extent of it.
Q. Have you had any discussions with Jonathan
O'Boyle regarding this lawsuit?
A. Over -- the two, three times I may have
talked to him over the last year I believe the
subject came up, but I don't think we had an in-
depth conversation about it.
Q. Have you had any discussions with Martin
O'Boyle regarding this lawsuit?
A. No.
Q. Have you had any discussions with any of
the other defendants in the RICO case about this
lawsuit?
A. No.
Q. You were unhappy with the way that
Mr. O'Boyle handled your termination from CRO
Realty. Correct?
A. Yes.
Q. Did you ever think of suing him?
A. No.
Q. Did you ever think of suing CRO Realty or
the Commerce Group?
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A. No.
Q. why not?
A. Because it's an at -will state and if he
wants to let me go he can let me go.
MR. TACHER: Did she say at will? I
thought she said at risk.
MR. DeSOUZA: At will.
MR. TACHER: Oh, she said at will? I'm
sorry, that's not what I heard. I apologize.
A. At will, I believe that's the term. I
may be incorrect, but I know in the state of
Florida you can let somebody go for any reason at
all.
Q. Did he explain to you or did anyone else
on his behalf explain to you why they were letting
you go?
A. No, only the conversation I had with him.
Q. So he asked you to do certain things,
including spending more time in the office and you
were unwilling to do that?
A. He specifically asked me to spend five
days a week in the office and I told him I could
not do that.
Q. And this understanding that you have that
Florida's status as an at -will state may have
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impacted your ability to file the wrongful
termination claim, is that something that you
specifically researched after you were terminated
from CRO Realty?
A. Repeat the last part of that.
Q. Sure. Well, you testified -- I asked you
some questions whether or not you considered filing
a wrongful termination case against Mr. O'Boyle or
CRO Realty, and I believe your response was, well,
this is an at -will state.
A. Right.
Q. Is that something, and by something I'm
referring to Florida's status as an at -will
employment state, is that something that you
specifically researched in the context of your -- in
relation to your termination from CRO Realty?
A. No, it never crossed my mind to sue Marty
O'Boyle.
Q. Because you don't think he's ever done
anything wrong. Right?
A. I didn't say that.
Q. What's he done wrong?
A. I didn't say that either.
Q. Okay. I'm asking you.
A. You're putting words in my mouth.
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Q. No, I'm actually asking you questions,
Ms. DeMartini.
A. Okay. What is your question?
Q. What has Mr. O'Boyle done wrong?
A. Nothing that I'm aware of.
Q. All right. Exhibit 12, your Amended
Complaint, page 12, paragraph 66.
MR. TACHER: Paragraph 66?
MR. COHEN: Paragraph 66.
BY MR. COHEN:
Q. When you refer to multiple statements
given by Richman to the media. Do you see that?
ME
A. Yes.
Q. Okay. Is that the interview that you were
testifying about earlier?
A. Yes.
Q. Are you aware of any other statements that
Mr. Richman gave to the media other than that
interview?
A. I'm not aware of them.
Q. And, again, paragraph 67 there's this
quote, "extortion plain and simple", is that -- is
that in reference to the one interview?
A. Yes.
Q. And you can't recall if you've ever seen
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that or not?
im
A. That's correct.
Q. And has anyone ever approached you at any
time and said I saw Mr. Richman's interview to the
media and then asked you any questions as it related
to the RICO case?
A. No.
Q. Paragraph 68 you state that Richman "made
the same accusations/statements directly to various
law enforcement agencies." Do you see that?
A. Yes.
Q. Tell me what you know about that.
A. I was told by someone that he had
contacted the Florida State Attorney and other
law enforcement agencies and that he was spewing
the same accusations that he made to the news.
Q. Okay. Who told you that?
A. I don't recall.
Q. In your complaint you say -- you believe
it's important to be factually accurate in a
complaint. Right, Ms. DeMartini?
A. Yes.
Q. I mean that's the basis for your suit
against the Richman Greer Law Firm. Right?
A. Yes.
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Q. You say here Richman made statements to
one or more Florida State Attorney offices. Do you
see that?
A. Yes.
Q. What State Attorney offices?
MR. DeSOUZA: Hold on a second. Did you
ask her if these are the basis of her
allegations against Richman Greer or Richman
himself? I think this is talking about
slander, isn't it?
THE WITNESS: Yes.
BY MR. COHEN:
Q. What State Attorney offices?
MR. COHEN: She understands.
BY MR. COHEN:
Q. What State Attorney offices?
A. David Aronberg.
Q. Anyone else?
A. I would have to research it.
Q. And what did Mr. Richman say to
Mr. Aronberg?
A. I don't know word for word. I was not
present.
Q. Did he state your name?
A. I don't know.
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Q. Okay. And then you said other -- other
law enforcement. That's what you just testified to
in your response. What other law enforcement?
A. I couldn't tell you as I sit here today.
Q. Okay. And do you know if Mr. Richman ever
uttered your name to anyone in law enforcement?
A. I guess we could ask him that. I don't
know.
Q. Okay. Do you know if Mr. Richman ever
asked anyone to bring criminal charges against you
personally?
A. I guess we'd have to ask him that as
well.
Q. So you don't know?
A. I don't know.
Q. Okay. In paragraph 69 you state that
Mr. Richman's primary motive, I'm paraphrasing, was
to injure your reputation. Do you see that?
A. Yes.
Q. What's your basis for that?
A. I don't believe he had a basis for
including me in the RICO lawsuit.
Q. Do you know whose decision it was to
include you in the RICO lawsuit?
A. I assume it was Mr. Richman's or somebody
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in his law firm.
Q. And what's your basis for that assumption?
A. They sued me.
Q. Well, they're not the plaintiff, are they?
A. No, they are not.
Q. Well, when The O'Boyle Law Firm was filing
lawsuits on behalf of CAFI, was it -- was it CAFI
who was deciding to file the suits or was it The
O'Boyle Law Firm?
A. Which suits are you referring to?
Q. I'm talking about all the public records
lawsuits that The O'Boyle Law Firm handled on behalf
of CAFI.
A. And you want to know what?
Q. I want to know if the decision to file
suit was made by CAFI or was made by The O'Boyle Law
Firm.
MR. DeSOUZA: Objection. Form.
A. I believe it was a joint decision.
Q. Is it your belief, Ms. DeMartini, that
Mr. Richman had ill will and animosity against you
personally?
A. Yes.
Q. What's your basis for that statement?
A. I was named in the lawsuit personally,
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and he was referring to the defendants and I was
one of them.
Q. Again, you don't know if he ever uttered
your name in any statement to media or law
enforcement or anyone. Right?
A. I believe he did.
Q. Where and when? I've never seen it.
A. Okay. It was, as I said, as I sit here
today I can't tell you, but I believe that is the
case.
Q. You believe that's the case or you want
that to be the case?
A. I believe it is.
Q. But you don't know where or when you ever
saw that. Right?
A. That's correct.
Q. No one's ever told you that they ever saw
or heard that. Right?
A. Yes, they have.
Q. Who?
A. As I told you, I can't recall at this
very moment, but I was informed of this
information.
Q. What does that mean?
A. I was told that it occurred.
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Q. By whom?
MR. DeSOUZA: Objection. Asked probably
five times and answered five times. Why don't
you move on. Because she said I don't
remember.
MR. COHEN: Well, this is my one
opportunity to ask Ms. DeMartini questions
before trial, counselor. I'm just trying to
understand her allegations.
MR. DeSOUZA: You asked her five times
and she told you I don't recall five times.
You don't have to like the answer, but you
have to accept it.
BY MR. COHEN:
Q. Are you personally aware of any instances,
Ms. DeMartini, where Mr. Richman said that you
personally were a criminal?
A. None other than what we already
discussed.
Q. Are you aware of any instances where
Mr. Richman said that you personally had committed
racketeering violations?
A. None other than what we've already
discussed.
Q. Are you aware of any instances where
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Mr. Richman said that you personally had violated
the federal RICO statute?
A. Not other than what we've already
discussed.
Q. And are you aware of any instances where
Mr. Richman said that you personally were guilty of
extortion?
A. Not other than what we've already
discussed.
MR. COHEN: All right. Those are all the
questions I have. I appreciate your time.
I'll pass the witnesses.
MR. DeSOUZA: You want to take a break or
you want to keep going?
THE WITNESS: No, I'm good.
CROSS-EXAMINATION
BY MR. TACHER:
Q. Good afternoon, ma'am.
A. Good afternoon, ma'am.
Q. My name is Bob Tacher. I represent the
Wantman Group. In one of the documents that was
shown to you this morning it starts with -- it's
from you to Joel Chandler. According to the case
management spreadsheet you sent me, what is the case
management spreadsheet? What is that?
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A. It's one of the reports that I had --
that we had in the office that listed all the
cases and their status, who was assigned to them.
Q. Okay. And that would list all the cases
that had been -- that were pending from CAFI against
the various entities that they had sued for public
records requests.
A. Yes.
Q. Would it also have cases where public
record requests had been sent but were not yet in
suit or was that spreadsheet only for the cases in
suit?
A. I don't recall, sir.
Q. Now, you mentioned earlier that The
O'Boyle Firm had lost money or was losing money in
this enterprise. When they settled their cases, did
they get their costs and fees back?
A. Yes.
Q. Okay. So how or why or in what way would
they be losing money?
A. Because sometimes they would not settle
and they would go to court and they would lose so
they wouldn't get the money back. A lot of
different variations of why that would happen.
Q. Well, I want to know about those
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variations. I understand one of them is they would
go to court and they'd lose.
A. Uh-huh.
Q. Okay. In what other way -- let me ask it
this way. If they wouldn't lose in court, in all
the other situations that they would settle or they
would win in court, would they get attorneys' fees?
A. If they won in court I believe attorneys'
fees was a whole 'nother matter. I don't believe
that that was determined at the time of the --
whether or not when the lawsuit was won they
would have to go back for attorneys' fees, and I
know that they didn't always get all of their
attorneys' fees.
197
Q. But they would get something.
A. Sometimes.
Q. Would there ever be a situation where they
would win a case to your knowledge or recollection
that they wouldn't get some attorneys' fees?
MR. DeSOUZA: Are you saying win or
settle?
MR. TACHER: Right now I'm talking about
cases that they won.
MR. DeSOUZA: So actually going and
obtaining a judgment.
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MM
BY MR. TACHER:
Q. Going to court where they won the case,
would there ever be a case where after they won they
wouldn't get any attorneys' fees at all as far as
you can recollect?
A. I don't remember.
Q. As we sit here today, can you recollect
any case that they won that they didn't get
something in attorneys' fees?
A. I don't remember.
Q. You don't remember -- do you remember that
ever happening?
A. I don't recall.
Q. Okay. On the cases that they settled was
there ever a case where they would settle a case and
not take attorneys' fees that you can recall?
A. There were cases that they settled that
they did not settle for enough to cover all of
their costs.
Q. Why would they do that?
A. Sometimes it was the best they could do.
Q. Okay. Now, during the time that you were
the director in 2000 -- you were the director from
2014 till you left in 2015. Okay. I believe that
you said that part of what you believed CAFI was
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about was trying to -- and if I'm misquoting you
just tell me and I know your attorney would not want
me to misquote you -- was kind of like to help and
educate the public to some degree regarding public
records requests?
A. Yes.
Q. And in that vein you felt or at least from
what I understand you're telling us that you believe
that what CAFI was doing was something good.
A. Yes.
Q. Okay. During the time that you were the
director and you were getting the spreadsheets of
all these lawsuits, at that time CAFI had a case, a
lawsuit against the Alliance for the Aging in which
they ultimately -- you know, as far as we know,
ultimately obtained attorneys' fees. They had other
cases against the Area Agency of Aging in Central
Florida, Area Agency of Aging in Palm Beach Treasure
Coast. If you were trying to do good or if CAFI was
trying to do good, how do you reconcile that with
getting attorneys' fees from these non-profit
associations?
A. Well, for starters I don't know exactly
what that non-profit does.
Q. Okay. Then maybe I can help you because I
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took the liberty of looking it up. The Alliance for
the Aging provides a wide range of services to older
people at low cost, people who can't afford to do
certain things for themselves. That at least is
their mission statement. The Alliance for the Aging
is throughout the state of Florida. It's a
not-for-profit organization. And that's an
organization that was sued at least three times in
three different locations by CAFI and attorneys'
fees were obtained. Could you tell me how that
would be for the good of the public?
A. Well, the public has a right to the
public records and they should comply with that
request.
Q. And you feel that under those
circumstances if they didn't comply that it was
proper for the Citizens Awareness Foundation to
collect attorneys' fees from this organization.
A. I think that it was -- in my personal
opinion --
Q. Which is all I'm asking for.
A. -- I think that it is proper to attempt
to recoup the costs, the expenditures in order to
get those public records requests which we were
entitled to, and I don't think that it should --
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the law should change, whether it's an aging
non-profit organization or -- or a prison on the
corner or anyone else. I don't think that it
makes a difference. The law is the law.
Q. Okay. A public records request was sent
by CAFI to the Catholic Charities Diocese of Venice.
Do you know what records they were asked for?
A. I couldn't tell you that.
Q. Okay. As we sit here today, could you
justify a reason that CAFI should have collected
attorneys' fees from the Catholic Charities Diocese
of Venice?
A. If they did not receive the public
records they were entitled to.
Q. And you have no problem with that.
A. No.
Q. Okay. The Florida Family Child Care Home
Association, their mission statement is to help
families who need help with child care. CAFI sent a
public records request to the Florida Family Child
Care Home Association and collected attorneys' fees
from them. Do you have a problem with that?
A. No, sir.
Q. So you think that it's perfectly okay for
them to send a public records request to them and if
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they don't give CAFI the records that they requested
to go and collect attorneys' fees from this
organization.
A. I think that they're obligated to provide
the public records.
Q. Okay. The Homeless Coalition of Palm
Beach County was also sent a request by CAFI. They
help the homeless and try and provide shelter and
food for them. CAFI collected attorneys' fees from
them. Do you have a problem with that?
A. Let me ask you a question. Who made all
these public records requests?
Q. CAFI.
A. Who at CAFI?
Q. It doesn't make a difference. They're the
ones that filed the lawsuit.
A. Okay. Well, I did not -- it doesn't
sound like -- my job wasn't to choose where to
get the -- where to try to collect public
records.
Q. Well, you were the director. Lawsuits
were filed against all of these agencies that I'm
telling you about.
A. For public records requests that were
previously requested by Joel Chandler, no doubt.
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Q. Okay. I just need you to answer my
question, please.
A. Sure.
Q. Attorneys' fees were collected from the
Homeless Coalition of Palm Beach County, Florida.
A. Yes.
Q. You -- does that make you feel good
knowing that?
A. I don't feel good or bad about it.
Q. So you don't have a problem with that.
Because if they didn't give the records, you don't
have a problem with CAFI getting money from these
from that agency.
A. No.
Q. Okay. Lutheran Services of Florida is
a -- is part of the Lutheran Church. They were sent
a public records request by CAFI, and CAFI sued them
and collected attorneys' fees. As part of your --
what you believe was something to do good for the
State of Florida, do you think that that is
something that was good for the people of Florida?
A. Yes.
Q. There are more. I won't bore you with
them.
A. Thank you.
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Q. But can you understand that people not
involved with CAFI, seeing these public records
requests to agencies such as this, may get offended?
A. Yes.
Q. Can you understand how people seeing
attorneys' fees being paid from these agencies to
CAFI might get upset or angry at the people at CAFI
who were presenting these public records requests?
A. Yes.
Q. And I appreciate your candor because it
saves about twenty minutes more worth of questions.
I'd like to go back from some of the things that
were asked before just to fill in a few of the
blanks before I go on to something else. Regarding
making decisions on settlements, you had mentioned
in response to questions that you would look at the
costs that were expended, the attorney's fee
information that you would get from The O'Boyle Law
Firm. Would you have any documents regarding the
time they spent on work that would be within CAFI
that you wouldn't get from The O'Boyle Law Firm?
A. It could only come from The O'Boyle Law
Firm.
Q. So there's nothing in CAFI that would
keep -- and I'm not saying there should be, but
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Denise DeMartini Vol Two
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there's nothing in CAFI that would keep track of how
much time was spent doing particular tasks on behalf
of CAFI.
A. No.
Q. Okay. In the discussions that Joel
Chandler had with you and Bill Ring about where to
send lawsuits, you said that he was told that as a
matter of convenience they should be sent to The
O'Boyle Law Firm. Why would it be convenient to
send the CAFI lawsuits to The O'Boyle Law Firm?
A. Because that's where we were, most of the
board members, and it was just a convenience
factor location.
Q. Was there ever a discussion that you had
or was had in your presence by Mr. Chandler
indicating that if this was a not-for-profit
business, it would look better or would be more
proper if all the work did not go into the O'Boyle
Law Firm?
A. I don't recall that.
Q. At one point you were asked whether you
had any involvement at all with The O'Boyle lawsuits
against the Town of Gulf Stream. Do you recall
those questions?
A. Yes.
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Q. What involvement, if any, did you have?
A. Personally?
Q. Yes. I mean working for O'Boyle or
whatever, what work or anything did you do regarding
that?
A. I don't think I did anything.
Q. Okay. So as far as you can recall sitting
here today you had -- didn't do any work of any kind
assisting in the O'Boyle lawsuits against the Town
of Gulf Stream.
A. Not that I recall.
Q. How about lawsuits by any other members of
The O'Boyle Firm?
A. I am not sure I understand that question
when you say O'Boyle Firm.
Q. Well, like, for instance, Christopher
O'Hare.
A. Okay.
Q. Were you involved or did you assist in any
way in any lawsuit that he had?
A. No.
Q. I know you were asked whether or not you
had seen Joel Chandler's statement. Did you ever
see Joel Chandler's sworn affidavit or deposition?
A. No.
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Q. You mentioned that you had heard some
snippets of what Mr. Chandler said about you. What
snippets did you hear?
A. He said -- I recall him saying very
unflattering things that I knew to be untrue.
Q. Such as?
A. I'm trying to recall, and unless I heard
them again, it would be hard for me to verbalize
it to you. But -- because I remember walking
away feeling sickened by the things that he had
said because they were untrue. So I cannot tell
you specifically. I remember he said a few
untrue things about Jon O'Boyle that I was
particularly upset about.
Q. Such as?
A. Trying to make it sound as though he was
somehow more involved in the business than what
he was, and that personally upset me because I
knew that to be absolutely untrue. I felt like
he was targeting Marty O'Boyle and his son, and
that was upsetting.
Q. But as you sit here today, you can't
remember anything specifically he said about you?
A. No, sir, I couldn't.
Q. Do you recall him saying anything along
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the lines of that you were the one pushing him to
give a specific number or quota of lawsuits every
week or every month?
A. Yes, I do. Now I recall that.
Q. That rings a bell.
A. Yes, it rings a bell.
Q. Tell me what you -- whatever little you
recall regarding that.
A. He had said that he had a quota that he
had to meet, and that was untrue because what I
did was, as I had said before, chased him for the
cases that he had already promised, and he would
give me numbers and I would just follow up with
him, you know, to find out when I could expect
them and so on and so forth. So that was not at
all true.
Q. So you deny that you pressured him to file
X amount of lawsuits every week or every month?
A. That's correct. Joel could not be
pressured.
A. Yes.
Q. Okay. Can you understand how people not
involved with CAFI reading Mr. Chandler's
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allegations that -- first of all, that CAFI was
filing all these public records lawsuits and
collecting fees from entities such as the ones I
told you before, non-profit entities, and that you
were allegedly the one pressuring him to do it, can
you understand why people not involved with CAFI
just hearing that might think that you were a lot
more involved than you claim to be?
A. If they believe Joel Chandler?
Q. Yes.
A. Who to me was an obvious liar, yes, I
could see that.
Q. Okay. And if somebody believed Joel
Chandler, whether they should have or not I'm not
going to get into that, but if they're hearing from
Joel Chandler about the things that he's alleging,
including from you, can you understand why somebody
might file something without having any personal
hatred from you just because they felt that this
what was going on wasn't right and should be
stopped?
A. No.
Q. You just think that there has to be
personal hatred.
A. I think that you -- I think they should
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have did further investigation. I think it was
obvious that --
Q. Ma'am, that's not what I'm asking you.
A. Okay. Go ahead.
Q. What I'm asking you is -- and I know
that's how you feel but that really wasn't my
question.
210
A. Okay.
Q. My question was, can you understand that
people seeing the kind of public records requests
that were sent to all these non-profit agencies,
these children's agencies, these aging agencies and
then hearing this information from Joel Chandler
might think that CAFI and the people involved needed
to be stopped without having any personal hatred or
animosity towards, you just feeling professionally
that this needed to be stopped? Could you
understand that?
A. I'm not sure I can understand that.
Q. Okay. Why not? If they don't --
A. Because I'll tell you why.
Q. Yes.
A. Because I clearly was not the public
records guru in Florida and Joel Chandler was.
It should have been apparent to everyone who
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spoke to him that this was his brain child.
Q. Joel Chandler believes this agency and
claims there are things going on there that aren't
right, including this lady who's pressuring me to
file all these lawsuits. And we're all looking at
the list of lawsuits against, again without going
through all these and there's more that I didn't
even go through, can you understand that if they
believe him, whether they should have or not, they
would file something to stop these actions without
necessarily doing anything out of hatred towards
you? Can you understand that that could happen?
MR. DeSOUZA: Objection. Form.
MR. TACHER: Okay. She can answer.
A. That's something I have to give thought
to. I don't know.
Q. Okay. The fact that you have to give
thought to it means that there's something to think
about, would you agree?
A. Yeah.
Q. Okay. In your --
MR. TACHER: I'm going to go through the
lawsuit, counsel, just to let you know. We're
going to start --
MR. DeSOUZA: This one?
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MR. TACHER: Yes.
212
MR. DeSOUZA: So we're going through --
MR. TACHER: No, no, no.
MR. DeSOUZA: -- 12?
MR. TACHER: No, no, no, I'm going to go
through this one.
BY MR. TACHER:
Q. Paragraph 99. Now, just for context,
prior to paragraph 93 it says Count II - Malicious
Prosecution against Wantman, Richman Greer, and
Richman. So this count, which is the only count in
the Complaint that deals with the Wantman Group --
A. That's right.
Q. -- is about them. Now, in 99 -- I'll try
and do this slowly. "There is no question that the
RICO lawsuit was instigated with malice. Indeed, in
voting to approve the filing of the RICO lawsuit,
Gulf Stream mayor Scott Morgan stated," and then you
have what he stated in that meeting, and I will let
you read it. And I won't -- I'll save the court
reporter not having to put everything into the
record, but let me know when you're finished
reading.
A. Okay.
Q. Okay? Now, I know you were present at
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Denise DeMartini Vol Two
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some of the meetings from what I heard. Were you
present at that meeting where that was discussed?
A. I don't recall.
Q. Okay. To your -- to the best of your --
based on what you're reading there, is there
anything that indicates that the Wantman Group was
in any way involved with that statement by Scott
Morgan?
A. No.
Q. Do you have any information that any
member of the Wantman Group was even at that
meeting?
A. No.
Q. Okay. Paragraph 100. "Another Gulf
Stream town commissioner followed up this statement
by exclaiming: I agree, because I don't see an end
just defending one by one. I think we have to take
it all as a group and go forward because just
defending is not doing anything." Do you see that
there?
A. Yes.
Q. Do you have any information that anybody
at the Wantman Group was present when that was said
by the Gulf Stream town commissioner?
A. No.
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Q. In paragraph 102, three lines from the end
of the paragraph, the line that starts with the word
action, the next words are, "other than Wantman's
ill -will." And I'll let you read the whole
paragraph so you have the context.
MR. DeSOUZA: It starts here.
A. Okay.
Q. What information do you have -- other than
the fact that they were plaintiff in the RICO suit,
do you have any other information that the Wantman
Group had any ill will towards you personally?
A. Other than the filing of the RICO suit?
Q. Correct.
A. No.
Q. Do you have any information that the
Wantman Group filed or participated in the filing of
the RICO suit because they had personal ill will
against you?
A. Yes, I do.
Q. Okay. What information do you have?
A. They went after me personally as though
they knew me, and I had no affiliation with them.
Q. Well, you were the director of the
Citizens Awareness Foundation when you sued them.
Okay? You had that affiliation or that connection
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as far as they knew.
215
A. But you sued me personally.
Q. I understand. Okay? They sued the people
that were involved in the Citizens Awareness
Foundation that were filing all these public records
requests against Town of Gulf Stream, against
non-profit entities all over the state, against for-
profit entities all over the state, and the only
reason that they had your name was because you were
the director of the foundation. Okay? If you were
not the director of the foundation, they never would
have sued you. So what information do you have
other than the fact that you were the director of
the foundation that they had ill will towards you
personally?
A. None.
Q. I know you were asked this previously so
I'm anticipating that your attorney may object asked
and answered. I'm only asking this to see if
something clicked since you were asked. Do you have
any idea approximately, I'm not asking for an exact
dollar figure, what the position at the Broward
Sheriff's Office would have paid you had you gotten
the job?
MR. GOLDSTEIN: Brevard.
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MR. TACHER: Brevard. What did I say?
MR. GOLDSTEIN: Broward.
MR. TACHER: It's Brevard. I'm thinking
about going home and getting into bed.
A. It started, I believe, at 14.52 an hour.
Q. So for a forty -hour work week, let's just
take 15, it would be 600 a week, it would be
approximately 32, $33,000 a year starting. Does
that sound about right if my math is correct?
A. Plus overtime.
Q. Okay. You're making quite a bit more than
that now. Correct?
A. Yes.
Q. You were asked about taking money out of
your children's college fund and you mentioned that
you took some money out while you were still working
at CRO. Why?
A. For different reasons for my children.
Q. Okay. So I mean there were some times,
even while you were working at CRO, there might be
children's expenses, and I don't care what they are.
A. Right.
Q. But you would take money out for that.
A. Yes.
Q. About how many times or how often, once a
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217
year, once every couple of years?
A. I don't recall.
Q. Okay. On these public records requests, I
want to get back to this for a moment, were there
ever times that to your knowledge CAFI made public
records requests when they were told the records
were ready and they didn't pick them up?
A. Not that I'm aware of.
Q. Okay. So as far as you're aware, every
time a public records request was made by CAFI, they
followed up to make sure they got the records
pursuant to that request.
A. Unless there was an exorbitant cost.
Q. Okay.
A. Then we would reconsider.
Q. Okay. But other than when there was an
exorbitant cost, do you have any recollection of
times when CAFI would get a call or e-mail saying
your records are ready to be picked up but nobody
would ever pick them up or obtain them?
A. Not that I recall. And it would not
always come to me, so there would be times I
would have no knowledge.
Q. Okay. Would you agree that if CAFI had a
legitimate interest in getting the information in
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218
the public records request, other than exorbitant
cost there would be no reason for them not to pick
up the records that were requested?
A. I would think not.
Q. When you were asked questions about Joel
Chandler, you had mentioned your thoughts and
feelings about him, and in stating why you believe
he was saying things that were untrue -- and I wrote
this down -- he was mad that he lost his job.
Didn't he resign from his job?
A. Yes.
Q. So he didn't lose his job. He resigned
from it.
A. But he was angry when he left.
Q. Why was he angry?
A. Because he wanted to be in full control
and do things his way and he didn't like having
to report to anyone.
Q. What things did he want to do differently
or things that he wanted to do that he wasn't being
allow to do that to your knowledge caused him to
leave?
A. One of them I believe was the -- him
wanting to take the cases to other attorneys.
Q. Okay. What else?
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A. And I really wasn't privy to a lot of
what was going on with Joel until after he
resigned, so I'm not sure that I'm the person to
ask that question.
Q. I'm just asking for your knowledge.
A. That's really all the knowledge I have.
Q. Okay. Did you ever hear anything at the
time or later that he was upset that The O'Boyle
Firm was collecting attorneys' fees over and above
what they really should have been entitled to?
A. I don't recall that. I do recall him
being upset because he was being -- he was
putting in certain expenses and spending money
the way he shouldn't have been on his expense
account, so I think he got a little bit of slap
on the hand over that from accounting. That's
the only other thing that I recollect.
Q. Do you recollect him ever complaining --
let me withdraw that. When you were in charge of
the settlements, the attorneys would come to you to
approve the settlement before they would settle the
case?
A. Yes.
Q. Okay. Do you recall Joel Chandler ever
complaining that the attorneys were bypassing him
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and settling cases without coming to him?
A. No. And I don't believe that would
220
happen.
Q. Assuming he said that, are you saying that
he would just make that up?
A. Yes.
Q. When you were asked to be on the board of
CAFI, were you given any additional pay for that?
A. No.
Q. During the time that you were working and
doing work with CAFI, at least during that period of
time it seems that your income went up a lot, were
you getting any bonuses or anything from the law
firm or from CRO or from the Commerce Group over and
above your pay?
A. No.
Q. So all the money that we ever see in your
tax returns are strictly payment for hourly work by
you.
A. Well, you're not going to see it in tax
returns because I don't -- I didn't -- they're
not filed currently, but the numbers that I gave
you here are all strictly for my hourly work.
Q. Okay. That was going to be my next
estion. Are there tax returns that you have filed
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from 2011 through 2016?
A. Not -- I don't believe my husband has.
Q. Okay. So if we asked to get tax returns,
that might be a good reason why we can't get them.
Would that be a fair statement?
A. Yeah, and good luck trying to get them
out of him.
Q. Well, you say get them out of him. Do you
know if he actually filed them?
A. I don't know. I don't believe he has.
Q. Okay. Because -- oh, I was going to ask
you his address. You don't have his address.
A. No.
Q. The only way -- there is visitation, so
the only way you have of contacting him is when he
comes to see the children?
A. Yes. Or on the phone.
Q. Or phone call. Okay. If you were asked
this I apologize but -- and I know you were. what
is your husband's full name?
A. Joseph Michael DeMartini.
Q. And I apologize. I didn't take it down at
the time because I didn't think it would be that
important. Obviously it is.
A. By the way, he promises to get all the
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tax returns done this year.
MR. TACHER: Off the record.
(Discussion held off the record.)
MR. TACHER: I think for the purposes of
my throat, that's all the questions I have for
the moment. I'll let you have a go.
MR. GOLDSTEIN: Do you need a break?
THE WITNESS: I'm good.
MR. GOLDSTEIN: Anyone else need a break?
CROSS-EXAMINATION
BY MR. GOLDSTEIN:
222
Q. Good afternoon, Ms. DeMartini. My name is
Joshua Goldstein. I represent Robert Sweetapple in
this matter. I just want to go over initially a few
things you testified to earlier and that's in your
complaint. First of all, in your complaint you've
alleged that from 184 to 195 and from 2003 to 2015
you were employed by CRO Realty, Inc.
A. Yes.
Q. Was that the name of your employer during
the entire course of your employment during that
time period?
A. I don't remember. The payroll entity may
have been a different corporate name back in the
earlier days. I just don't recall. It's a lot
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of years --
Q. Okay.
A. -- to remember.
Q. Do you know when CRO Realty, Inc. was
incorporated in Pennsylvania?
A. No, I do not.
Q. Do you know when it was registered in
Florida as a foreign for-profit company?
A. No, I do not.
Q. Were you ever a director for CRO Realty?
A. I don't know.
Q. What about the Commerce Group, were you
ever a director at the Commerce Group?
A. Could have been. I don't know.
Q. Okay. Are you aware as to whether or not
you are presently a director of Commerce Realty
Group?
A. I shouldn't be.
MR. DeSOUZA: You're not asking about
CRO, you're asking about a different company.
Right?
MR. GOLDSTEIN: I asked Commerce Realty
Group.
BY MR. GOLDSTEIN:
Q. It should be, but you have no knowledge
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today as to whether or not you are in fact listed.
A. That's correct.
Q. To your knowledge are you a -- do you
remain an officer or director of Citizens Awareness
Foundation?
A. I'm told according to Sunbiz I am still
listed.
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Q. Okay. Do you know what your current title
is according to Sunbiz?
A. I haven't looked at it. I'm told I'm the
director.
Q. Okay. And if you look just briefly at
Exhibit 1 which is I believe your responses to the
Town's first set of interrogatories, in particular
starting on page five, it's request number seven, it
states that it is asking you to provide the -- well,
strike that. If you go to the last page, you can
hold that page, but is there a signature -- do you
have a verification page there with your signature?
A. Yes.
Q. Is that your signature?
A. Yes.
Q. Okay. And is that the date you recall
executing this document on October 27th, 2016?
A. Yes.
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Q. Okay. Now let's go back to seven. In
seven it's asking you to for the period of January
1st, 2011 through the current date, which at the
time of you serving this was October, 2016, provide
the name of all of your employers. Do you agree
that's what it's requesting?
A. Yes.
Q. Okay. And then if you go on to page six,
you list two employers, one CRO Realty and then the
second one I Love My Island, Inc. stating dates of
employment January -- January, 2016 through August,
2016. Would you agree that's what's represented in
there?
A. Yes.
Q. Okay. Now, I believe you testified
earlier that you started working for Lotane and
Associates --
A. Uh-huh. Yes.
Q. -- in August of 2016.
A. Yes.
Q. Specifically August 24th, 2016. Is there
a particular reason that you didn't disclose all
your employment with Lotane and Associates when --
in October of 2016 when you served these documents?
A. It was overlooked.
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Q. So simply you just forgot that you were
working there.
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A. No, it was just overlooked and I must
have been thinking of other dates.
Q. You can put that document aside for the
time being. Now, in your complaint you've alleged
that after my client, Mr. Sweetapple, had been
retained by the town, he began boasting to anyone
that Mr. O'Boyle, his son Jonathan and yourself
conspiring together were guilty of extortion or
guilty of violating the federal Racketeer Influenced
and Corruption Act. Who told you that my --
Mr. Sweetapple was making those statements?
A. I read it in a transcript that I saw
somewhere along the line that I believe it was a
Mark Hanna deposition that he heard him say it.
Chris O'Hare also said that he had said it and --
Chris O'Hare, Mark Hanna and Lou Rader all said
they witnessed the same thing.
Q. Okay. Now, did you have conversation with
Mark Hanna where he told you that Mr. Sweetapple
made these statements?
A. No.
Q. Okay. Did Mark Hanna state that
Mr. Sweetapple said your name specifically?
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A. I don't recall.
Q. Okay. Did you have any conversations with
Mr. O'Hare regarding the alleged statements made by
Mr. Sweetapple?
A. I may have.
Q. Okay. And when did you talk to
Mr. O'Hare?
A. I couldn't give you the exact date. It
was probably at one of the town meetings.
Q. Okay. And what about Lou Rader, did you
have any discussions with Lou Rader?
A. No, I did not.
Q. Okay. So how do you know that Lou Rader
stated that he heard Mr. Sweetapple make these
statements?
A. I heard it through employees of The
O'Boyle Law Firm.
Q. And how did the employees of The O'Boyle
Law Firm hear about the alleged statements?
A. I believe they had conversations with him
personally.
Q. Okay. Do you know the context of the
discussions that were -- that Mr. Sweetapple made
those statements?
A. I'm sorry, do I know the what?
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Q. Do you know the context of where these
alleged statements were made?
A. No, I don't.
Q. Were they done on the street?
A. I did not ask.
Q. Okay. Were they -- do you know if they
were done during the course of the settlement --
confidential settlement conference?
A. I don't believe so. I believe that they
were done publicly.
Q. Okay. So they were done on the
courthouse?
A. I don't know if it was a town meeting or
if it was done at a courthouse or if it was done
at a cocktail party. I don't know.
Q. Okay. And do you know if they ever told
you that Mr. Sweetapple specifically stated your
name?
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A. I don't recall.
Q. And what about Mr. Hanna? I believe you
testified you didn't have any conversations directly
with Mr. Hanna. Correct?
A. That's correct.
Q. Okay. So you read it in a transcript?
A. I believe so.
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Q. Do you know where that transcript was?
A. I don't recall where I got it, how I got
it and exactly when I read it, but I'm aware of
it.
Q. But what was the transcript of?
A. His deposition.
Q. Okay. So his deposition in the slander
suit that was filed by Mr. O'Boyle against my
client?
A. I don't know which lawsuit it pertained
to.
Q. Okay. And you don't know how you got it.
A. No.
Q. Did you receive it by e-mail?
A. I don't think so.
Q. Somebody handed you a hard copy of this.
A. They may have or I may have read it off
of somebody's computer in the office.
Q. Okay. Do you know when Mr. Hanna's
deposition took place?
A. No, I do not.
Q. So if his deposition took place after
June 30th, 2015, do you know how you possibly
obtained a copy of it if you no longer worked for
CRO Realty?
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A. No, I don't know.
Q. So it could have been e-mailed to you.
A. I don't recall.
Q. Did you still have access to your e-mails
at CRO Realty after you left in June 30th, 2015?
A. No, I do not.
Q. You do not?
A. Do not.
Q. Okay. So you haven't had -- since June
30th, 2015 you have had no access to your e-mails.
A. Commerce Group e-mails?
Q. Commerce Group e-mails.
A. No, sir.
Q. Okay. Are you aware that you produced
e-mails in this matter where you have forwarded in
August of 2015 e-mails from Commerce Group to
yourself?
A. Say that again.
Q. Are you aware that in response to requests
for production in this matter you produced a bunch
of e-mails regarding employment? Correct? Do you
recall producing e-mails regarding your employment
or giving your lawyer to produce e-mails regarding
your employment?
A. Yes.
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231
Q. Okay. Are you aware that in those e-mails
there are e-mails from August, 2015 where you had
forwarded them from your Commerce Group e-mail to
your personal MSN account?
A. That's impossible because in June I
delivered my computer and everything to Commerce
Group and I no longer had access to their server.
It could not have been accessed, the Commerce
Group e-mail, after June 13th. It had to have
happened prior.
MR. DeSOUZA: Do you want to show her
what e-mail you're talking about?
MR. GOLDSTEIN: I'm working on it.
BY MR. GOLDSTEIN:
Q. It is an August 25th, 2015 e-mail,
2:39 p.m. I left my finger -- the cursor over the
from e-mail which says ddemartini@commercegroup.com.
That's the only question. I'm not giving
you full access to my computer here.
A. No, no, no, no, no. I'm just trying to
figure out how that could be.
Q. That's why I'd like -- I'm asking you the
question.
A. I mean if it's saved into the contacts
and it's there, if you were to send something to
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it or from it, you could -- certainly couldn't --
I couldn't get access to read it because I don't
have access to the Commerce Group server.
Q. Okay. Then how are you -- if you don't
have access to the Commerce Group server, how is it
that you're sending e-mails to yourself from the
Commerce Group server?
A. I may have applied for that job prior to
returning the computer, and when I had to turn
the computer over, since I was applying for that
job, I may have forwarded that e-mail to myself
from Commerce Group before turning in the
computer.
Q. Okay. But when did you turn in the
computer?
A. In June.
Q. Okay. So this is an e-mail that's dated
August 25th, 2015.
A. I don't believe I waited that long to
return it. I can't explain it.
Q. Okay. So it's quite possible you had
access to your Commerce Group e-mail still. Did you
get e-mails through a mobile device when you were at
the Commerce Group?
A. Yes.
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233
Q. Okay. So were you still receiving e-mails
on your personal cell phone?
A. No.
Q. So -- but it's quite possible that you
were still -- you could have forwarded it from your
Commerce Group e-mail on your phone and your phone
still had access to your Commerce Group e-mails in
August, 2015.
A. Not if they took me off the server. If
he took me off the server, then I don't know how
-- I honestly don't know how that happened.
Q. Are you aware as to whether or not he took
you off the server in August, 2015?
A. I don't know if he did.
Q. Okay. Now, going back to the statements
that were allegedly made by my client, so you
believe that you read Mr. Hanna's deposition
transcript.
A. Somewhere along the line.
Q. Okay. Do you recall -- and you don't
recall whether or not Mr. Hanna specifically
mentioned your name during his deposition.
A. I don't recall.
Q. Okay. And what about the -- in paragraph
27 which is page five you state that Mr. Sweetapple
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made these statements to -- including, but not
limited to, Joel Chandler, and we've gone through
Mr. -- Mr. Hanna's statement. Okay. How are you
aware that Mr. Sweetapple made these statements to
Joel Chandler?
234
A. Because I believe he told individuals at
the Commerce Group and The O'Boyle Law Firm.
Q. That Joel Chandler told individuals at The
O'Boyle Law Firm and the Commerce Group?
A. I believe so.
Q. And then they told you?
A. Yes.
Q. Okay. I'll show you what we're going to
mark for identification as Exhibit 14, your
responses to Defendant Sweetapple's first request --
first set of interrogatories.
(Defendant's Exhibit No. 14 was marked
for identification.)
BY MR. GOLDSTEIN:
Q. Take a look at the last page, page ten.
Is that your signature on page ten?
A. Yes, it is.
Q. Okay. Do you recall reviewing this
document before executing the document at page ten?
A. Yes.
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Q. Okay. Let's take a look at page four
which is in response to request for -- where it's
asked for you to identify all the persons to whom my
client boasted that you and others were conspiring
together and guilty of extortion and guilty of
violating the federal Racketeer Influenced
Corruption Act, the RICO Act. In your response you
put Mr. Hanna, Joel Chandler, Scott Morgan and
Joanne O'Connor. Do you agree that's what's
reflected in the document?
A. Yes.
Q. Okay. Now, you testified here today that
you -- that Lou Rader and Chris O'Hare also
allegedly heard these statements?
A. Yes.
Q. Is there a reason you didn't put them on
this document?
A. No.
Q. No?
A. No.
Q. Okay. You knew that they had -- that they
allegedly heard these statements?
A. I believe they had and I overlooked them.
Q. So is the reason that they weren't on here
is that you overlooked them or is there --
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236
A. I overlooked them.
Q. Well, I just want to make sure I
understand. Before you said there's no reason. Now
you're saying you overlooked it. Which one is it?
A. I overlooked it.
Q. Okay. And then if we go down to number
six, in response to the request: Identify the
individuals who told you that Sweetapple boasted to
others that you were conspiring as alleged in
paragraph 26, and you state that you don't recall
who told you but you believe you reviewed the
statements by Joel Chandler and a deposition
transcript of Mark Hanna concerning such statements.
I believe you testified earlier that you had
never -- that you didn't read the sworn statement of
Joel Chandler.
A. I didn't believe I had. I don't recall
it.
Q. Okay. But you also previously testified
that you needed to reread the transcript of Joel
Chandler so --
A. If I reread it, I'd know if I read it the
first time.
Q. Okay. Now, are you aware of anywhere in
the transcript of Joel Chandler where my client
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Denise DeMartini Vol Two
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specifically names you?
A. I know he speaks about me in his
transcript. I was told he did. But I cannot
give you the verbiage.
Q. Okay. So you were told he did. Who told
you that he spoke about you in there?
A. Someone from The O'Boyle Law Firm.
Q. Okay. But do you know who from The
O'Boyle Law Firm?
A. It could have been one. It could have
been two people. It could have been several. I
don't know. I don't recall.
Q. Was it a lawyer at The O'Boyle Law Firm?
A. Yes.
Q. Okay. Do you know when they told you
about Mr. Chandler's statements?
A. I guess when they gained the knowledge
they shared it with me.
Q. Okay. And you're stating that
Mr. Sweetapple in Joel Chandler's sworn statement
specifically made reference to you and the RICO
suit.
A. That's what I was told.
Q. Okay. And if there's no reference to that
in the -- in his statement, would you agree that
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that event never occurred?
A. It may not have, but I do believe that
they talked about us being criminals.
Q. In the sworn statement.
A. I believe so. Again, you're asking me a
document I don't recall so I can't answer that.
Q. well, I'm asking you to provide me
information -- this is my opportunity to find out
what information you believe my client had made
statements about you, specifically you. Did he
make -- specifically reference your name or was he
referring to the groups of defendants?
A. The groups of defendants.
Q. Okay.
A. And I had no reason to believe that he
wouldn't name me personally as well.
Q. Do you have any reason to believe why he
would name you personally?
A. Yes, because he was acting in a very
malicious fashion and things that he was saying
were false, unproven and malicious, and I don't
personally know the man so I don't know to what
extent he would go in saying those things to
people.
Q. Okay. So -- well, who else did he tell
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239
besides the people that you've also named?
A. I know he discussed it with law
enforcement. I know that he discussed it with
people at the Town of Gulf Stream.
Q. You mean the commissioners?
A. Could have been anybody. Could have been
the people working in the office. It could have
been the officers that he was very friendly there
at the commission meetings. It could have been
anybody.
Q. Okay. And how do you know he spoke to
those people?
A. I don't know that he didn't is my point.
Q. Okay. But you've asserted a claim that my
client had made these statements to numerous --
boasting to numerous individuals, so this is my
opportunity to find out what individuals he made
these statements to, and you're giving me mere
generalities. I have to know specifically --
A. I was not there. Mark Hanna, Joel
Chandler, Scott Morgan, Joanne O'Connor, Chris
O'Hare and Lou Rader all -- I was told all of
them were present and heard him making public
statements, derogatory comments about the group
of people that he believed were -- that were
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involved in the RICO lawsuit.
Q. Okay. But we're talking 2014 at this
point to January, 2015. That's the time period that
you've alleged in your complaint. Correct?
A. Yes.
Q. Was the RICO lawsuit filed yet?
A. Yes.
Q. Why don't you take a look at the -- did
you have the complaint in front of you before?
MR. DeSOUZA: Are you saying January,
2014 to what?
MR. GOLDSTEIN: No, I said April, 2014 to
January, 2015.
BY MR. GOLDSTEIN:
Q. The RICO lawsuit -- my understanding is
the RICO lawsuit was filed in February of 2015.
A. Yes, it is February, 2015.
Q. Okay.
A. You said April, 2015.
Q. No, I said April, '14 which is what's
alleged in your complaint, paragraph 27: Sweetapple
made these statements over several months from
April, 114 to January, 2015. The RICO lawsuit
hadn't even been filed yet.
A. Oh, I know that, and he also boasted for
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many months because I was sick to my stomach for
many months
because he was boasting publicly that
it was
coming down the pike.
Q.
Boasting publicly to who?
A.
Whoever would listen because we -- it got
to us.
It got to our office and we all knew
about it,
so he had to be telling somebody.
Q.
Okay. But you don't know who he told.
A.
No, I do not.
Q.
And you don't know who told you.
A.
People in my office.
Q.
Which office?
A.
Marty O'Boyle told me about it, Bill Ring
told me
about it, people at The O'Boyle Law Firm.
We were
-- we who had a heads -up, we knew it was
coming
for months.
Q.
Okay. For months. Okay. Was he saying
that he was -- you were named in this lawsuit? Was
he --
A. I'm trying to remember if we knew who was
going to be named. I don't know that we knew who
was going to be named at that point.
Q. Okay. Do you know the context of when he
was allegedly making these statements?
A. No.
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Q. Okay. So you don't know if these
statements were made at a settlement conference.
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A. No.
Q. Okay. And why would it concern you if you
didn't know whether or not you were going to be
A. Because it was a serious allegation.
Q. Okay. But if it didn't necessarily affect
you, why would it concern you?
A. Because they were -- obviously
Mr. Sweetapple was targeting Marty O'Boyle, The
O'Boyle Law Firm, I was sure he would be
targeting CAFI, I was affiliated with CAFI, and
he was -- in my opinion was doing bizarre things
and I had no idea how far he would reach.
Q. What bizarre things was my client doing?
A. He filed a racketeering lawsuit.
Q. Is my client's name on that racketeering
lawsuit?
A. He was involved with Gulf Stream.
Q. He was counsel for Gulf Stream. Correct?
A. Yes.
Q. Okay. Did my client file that lawsuit?
A. I don't know. He may have.
Q. Is my client's name on that lawsuit?
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A. No, it is not.
Q. Okay. So what makes you believe that
Mr. Sweetapple filed that lawsuit?
A. He may have advised his client to file
the lawsuit.
Q. Okay. So working in his capacity as
counsel for the Town, he may have advised them on a
way -- on whatever strategy they were taking.
A. That's correct.
Q. Okay. But that doesn't mean that he
slandered you. Correct?
A. No.
Q. So is your main claim in this matter that
the lawsuit is what damaged you?
A. My main claim here is that I have been
defamed and I have -- I was maliciously
prosecuted for things that were untrue.
Q. Okay.
A. And my name and my reputation and my
ability to make a living has now been damaged.
Q. Well, you're making a living now, aren't
you?
A. Yes, I am.
Q. Okay. Now, I believe in response to the
town's interrogatories you said you filed for --
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applied for 97 positions. Correct?
A. More than that.
Q. Okay. Did any one of those people that
you applied for positions write back to you and say
that we're not hiring you because of alleged
statements made by Bob Sweetapple?
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A. No.
Q. Did any one of those people call you back
and say we're not hiring you because of the alleged
statements made by Bob Sweetapple?
A. Those are jobs I applied for that I
really did not want. I was desperate to find
work at that point.
Q. That's not my question, ma'am. You need
to listen to my question and answer what I'm asking
you. Did any of the jobs that you applied to, did
any of those employers say -- did they call you and
express to you that they weren't interested in
hiring you based upon the alleged statements made by
Bob Sweetapple?
A. No.
Q. Okay. Did the Brevard County Sheriff's
Office call you and say we're not hiring you based
upon the alleged statement made by Bob Sweetapple?
A. It was based on the lawsuit.
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Q.
Based
on the
lawsuit.
A.
Yes.
There
were three lawsuits,
pending
lawsuits.
Q. Okay. But not by the alleged statement.
A. That's correct.
Q. Okay. Did Cape Canaveral Police
Department call you and say we can't offer you a
position because of the alleged statement made by
Bob Sweetapple?
A. No.
Q. Okay. Did any of your friends in South
Carolina call you and say, oh, I heard these
terrible statements made by Bob Sweetapple?
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A. No.
Q. Okay. Did any of your family members call
you and say, oh, I heard all these terrible
statements made by Bob Sweetapple?
A. They don't know Bob Sweetapple. People
in The O'Boyle Law Firm do know him and they did,
they told me.
Q. Okay. So they're the ones that are
spreading around the alleged statement made by Bob
Sweetapple.
A. No, they were passing on information from
the people I listed.
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Q. Okay. Now, are you aware that the
information they obtained was from a confidential
settlement conference?
A. No.
Q. Okay. And nobody at the O'Boyle Law Firm
specifically told you that he stated your name
specifically at any of those times. In July of 2014
did he ever make statements -- specifically state
your name?
A. No.
Q. Okay. Now, you testified previously that
Mr. Sweetapple also made statements to various law
enforcement agencies. How are you aware that
Mr. Sweetapple made any statements to law
enforcement agencies?
A. Through people who told me that they
heard it.
Q. So hearsay.
A. Hearsay.
Q. Okay.
MR. DeSOUZA: Hold on. Do you have an
understanding of what hearsay is in a legal
context?
THE WITNESS: No.
MR. DeSOUZA: Other than watching Court
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THE WITNESS: No.
247
BY MR. GOLDSTEIN:
Q. So, did the people tell you where they
heard it from? Strike that. Let's go back. Who
are the individuals who told you that they heard
that he had made -- allegedly reported things to law
enforcement?
A. I don't recall who they were.
Q. You don't recall who they were.
A. No.
Q. Okay. Do you recall what they told you?
A. They told me that he was in a lobby
somewhere talking to law enforcement, and he was
making statements about us being criminals and
how he was going to go after Jon O'Boyle.
Q. Okay. About "us". Who's "us"?
A. The whole O'Boyle crew, just referring to
the whole O'Boyle crew, just everybody.
Q. Okay. So were you present during that?
A. No.
Q. So how do you know what "us" meant, what
the context of his statements were?
A. Well, when he's publicly making
statements about being a criminal and then the
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next thing you know his client files a lawsuit
for racketeering, it's a pretty safe assumption
he's talking about us, those people listed in
the -- all the defendants listed.
Q. When were these conversations occurring?
A. I don't know the exact time.
Q. Okay. And you don't know who heard it.
A. No.
Q. And what lobby are you talking about where
these statements were made?
A. I'm not sure. But I'm going to tell you
I heard it numerous times.
Q. From whom?
A. Because I remember being very surprised
and asking someone in The O'Boyle Law Firm, and
it may have been Bill Ring, how could an attorney
that's supposed to be relatively smart be running
around saying such statements about people, how
does he get away with that? Why would he be so
stupid to do something like that? I remember
making that comment because it was like a common
occurrence for Mr. Sweetapple.
Q. But how do you know it's a common
occurrence for Mr. Sweetapple?
A. Because I was hearing it all the time
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from different people.
Q. Okay. But it all could have been the same
incident, though, the one incident or --
A. No, I don't think so.
Q. So he was just -- you don't think so.
A. No, I don't think so.
Q. But you don't know for certain.
A. I'm pretty sure they were not the same
incident.
Q. You're pretty -- but do you have any proof
of that?
A. It seems like any time anybody was ever
in the presence of Mr. Sweetapple, they always
came back with something about what he was
running his mouth about.
Q. Why don't you tell me all the people who
came back to you who were in the presence of
Mr. Sweetapple and told you what he was running his
mouth about.
A. He was talking in a very derogatory
manner about The O'Boyle -- Mr. O'Boyle, The
O'Boyle Law Firm and public records requests,
people filing public records requests, and I
can't tell you who he was saying it to, where he
was when he said it. He just had a reputation of
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it is what I'm saying to you.
Q. Okay. The O'Boyle Law Firm and
Mr. O'Boyle but not you. Is that my understanding?
MR. DeSOUZA: Not you what?
MR. GOLDSTEIN: About Ms. DeMartini. She
didn't hear him making reference --
A. I didn't ask specifically. Perhaps I
should have asked.
Q. Now, you've also alleged that the primary
motive of making these statements were to -- were
with malice and to hurt you. How do you know -- do
you have any evidence that that was what
Mr. Sweetapple's motives were?
A. Well, yeah, he falsely and maliciously
accused me of doing something that was proven not
to be true. He had no evidence otherwise.
Q. Okay. Why don't we go back. How did
he -- did he ever falsely specifically accuse you by
stating your name?
A. He stated -- my name is being stated in
here.
Q. Okay. So in the lawsuit.
A. Yes.
Q. Your name is stated in the lawsuit.
A. That's correct.
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Q. Okay. So is that the basis of the falsely
and maliciously stating your name?
A. That's one of them, yes.
Q. Okay. Well, what's the other one --
A. Well, I --
Q. -- where he falsely and maliciously stated
your name?
A. I believe that he -- and I can't tell you
which lawsuits they are. Maybe they were one of
the three that caused me to lose the job. He
filed counterclaim lawsuits naming me in lawsuits
that I didn't belong in them.
Q. Okay. So the filing of other lawsuits.
A. Uh-huh.
Q. Okay.
A. Yes.
Q. Other than the filing of lawsuits what
other information do you have that makes you
believe that Mr. Sweetapple was making -- was
falsely and maliciously making statements about you
specifically?
A. That's all I have.
Q. Okay. And are you aware of anything
that -- anything that would establish that
Mr. Sweetapple was allegedly making statements to
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injure your reputation other than the lawsuits we've
previously discussed?
A. And other than the conversations that
were repeated to me, no.
Q. Okay. So those conversations but you
don't know the context of those conversations.
Correct?
A. That's correct.
Q. So you don't know when those conversations
occurred.
A. That's correct.
Q. Okay. And the basis -- the primary basis
of that is the transcripts you've read and what
people at The O'Boyle Law Firm told you.
A. Yes.
Q. Okay. But you don't recall who at The
O'Boyle Law Firm. Correct?
A. I'm sorry?
Q. You don't recall who at The O'Boyle Law
Firm.
A. No, because it could have been Chris
O'Hare. No, I don't recall.
Q. Okay. And you've never met
Mr. Sweetapple. Correct?
A. No, not formally.
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Q. Have you ever had any discussions with
him?
253
A. No.
Q. And do you know anyone who's had -- strike
that. Okay. How did Mr. Sweetapple's statements
contribute to your loss of employment with CRO
Realty?
A. I believe that by him including me in the
lawsuit caused me damage.
Q. Okay. So your belief is that your
inclusion in the lawsuit is the main basis for your
damage.
A. And that anything publicly he may have
said out there about me that I'm not yet aware
of.
Q. So you believe there's other things that
you're not aware of.
A. Yes.
Q. Okay. I believe you testified earlier
that Mr. Chandler often made negative statements
about you. Is that correct?
A. Yes.
Q. Is there any reason you didn't name him in
this lawsuit?
A. I have no interest in suing him.
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Q. Why do you have no interest in suing him?
He also allegedly made false statements about you.
A. He's a man of little substance. He's a
liar.
Q. To your knowledge has Mr. Chandler ever
been convicted of perjury?
A. Not to my knowledge.
Q. Okay. So your statement that he's a liar
is based purely upon your own opinion. Correct?
A. That's correct.
Q. And you have no actual proof that
Mr. Chandler is, in fact, a liar.
A. Based on what I understand that he
repeated about things about The O'Boyle Law Firm
and about CAFI, I do believe that he is.
Q. During your tenure or twenty-two years of
employment with CRO Realty or another entity
similar, did you always work remotely?
A. No.
Q. So upon your return you started working
remotely, is that my understanding, back in 195?
A. No, I worked in the office in 195 when I
went -- no, I left I think in 195 --
Q. Okay.
A. -- had my children and then when I went
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back to work part time, over the next few years I
worked in the office. It wasn't until I moved to
South Carolina in 2007 did I begin to work
remotely.
Q. Okay. And so was it -- do you believe it
was unreasonable for your employer to request that
you come into work five days a week?
A. From South Carolina?
Q. No, when you moved back.
A. Yes, I did.
Q. Okay. Are you aware of any other
employees at CRO Realty that worked remotely?
A. Marty did.
Q. Other than Mr. O'Boyle.
A. No.
Q. Okay. So would you assume that it was a
privilege that he allowed you to work remotely?
A. I guess you could look at it that way.
MR. GOLDSTEIN: I don't think I have
anything further at this time.
MR. GILL: I have like a handful of just
follow-up questions and then that's it.
REDIRECT EXAMINATION
BY MR. GILL:
Q. Ms. DeMartini, very brief, focusing on
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CAFI and first the period of time from when it was
incorporated and then Joel Chandler resigned, so
during that period of time, who, if you know, had
authority to issue public records requests on behalf
of CAFI so in CAFI's name?
A. Joel Chandler.
Q. Anyone else?
A. No one else who's assigned to so --
Q. Okay. So as far as you understood it,
during that period of time it was inconsistent with
CAFI policy for someone other than Joel Chandler to
be issuing public records requests on behalf of
CAFI.
A. Well, it wasn't really -- there wasn't
really an official policy. It's just that that
was primarily his job so he primarily did it.
You know, I don't know if someone else may have
also done it on behalf of CAFI with his
permission or somebody who was involved with
CAFI. So I wouldn't say it was a strict policy.
Q. But that's at least how you understood it
was working?
A. Yes.
Q. Okay. Now, after Joel resigns who had
authority to issue public records requests on behalf
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of CAFI?
A. New ones?
Q. Yes.
A. I did.
Q. Okay. Anyone else as far as you
understood had the authority to do that during that
period of time?
A. I guess any other board members had they
wanted to.
Q. Okay. Would Mr. O'Boyle have authority to
do that during any periods of those times?
A. No.
Q. Basically the same question with respect
to the filing of lawsuits on behalf of CAFI. During
the period of time from its incorporation up till
Joel Chandler's resignation, who had the authority
to file lawsuits on behalf of CAFI?
A. Joel Chandler.
Q. Okay. Anyone else as you understood it
during that period of time?
A. I'm sure Bill Ring and I could have --
Q. Okay.
A. -- you know, interjected an opinion.
Q. Okay. The same question with respect to
after Joel resigns for lawsuits.
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A. Then it would have been me.
Q. Okay. And would have -- would Mr. O'Boyle
have authority to do that during that period of
time?
Q. Was one of the reasons that Joel Chandler
left was because he felt like people were usurping
his authority to file lawsuits and issue public
records requests, if you know?
A. I don't know.
Q. Okay. You were asked a question kind of
about that and you said that you wouldn't really be
the person to know about why Joel Chandler left
CAFI. Is that correct?
A. Yes.
Q. Who would be the person to ask?
A. Joel Chandler.
Q. Okay. Well, who else at CAFI, though,
would be the person to ask?
A. I don't know that there would be anyone
else because his behavior was very sneaky up
until his resignation, so I don't know that he
was making it known to anyone.
Q. Okay. How did you learn he had resigned?
A. He came in and dumped off his stuff and
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he left.
Q. Okay. To you personally?
A. Gee, who did he dump it off to? I don't
know if I was in the office. I don't recall.
Q. Okay. So you -- when you say dropped off
at the office, you weren't there personally to
receive it.
A. I don't believe I was.
Q. Did you ever learn who he had talked to
regarding his resignation?
A. He -- I believe he sent a letter.
Q. To who?
A. I don't recall.
Q. Okay.
MR. GILL: I have no further questions.
MR. DeSOUZA: I have no questions.
MR. GILL: And we're going to reserve
whatever time is left pending what we
discussed.
MR. DeSOUZA: Right. If and when it
becomes an issue.
MR. GILL: Right. We'll address it just
to put it on the record.
Ms. DeMartini, you have the right to read
your deposition once it's transcribed to
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assure that it's been transcribed accurately
and you can make any changes you want on an
errata sheet or you can assume that the
transcription has been done appropriately.
It's your right. You have to go on the
record, though, and say whether you want to
read or whether you want to waive that right.
THE WITNESS: I'd like to read it.
MR. GILL: Okay. We'll -- the Town will
be ordering. Thank you very much.
THE WITNESS: Thank you.
MR. TACHER: Madam Reporter, if it's
ordered I will take a copy.
MR. COHEN: I'll take a copy.
MR. GOLDSTEIN: Same.
THE REPORTER: Mr. DeSouza, do you need a
copy?
MR. DeSOUZA: I'll let you know.
(The deposition was concluded at 4:40
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C E R T I F I C A T E
The State of Florida, )
County of Palm Beach. )
I hereby certify that I have read the
foregoing deposition by me given, and that the
statements contained herein are true and correct to
the best of my knowledge and belief, with the
exception of any corrections or notations made on
the errata sheet, if one was executed.
2017.
Dated this
day of
DENISE DE MARTINI
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EXHIBIT LIST
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DEFENDANT'S EXHIBITS
Number
Description
1
Plaintiff's Responses and Objections
to Gulf Stream's First Set of
Interrogatories
2
Chain of e-mails dated April 13 and
14, 2014
3
E-mails dated April 28, 2014
4
E-mail dated May 16, 2014
5
E-mail dated May 16, 2014
6
E-mails dated May 26 and 27, 2014
7
E-mail dated May 26, 2014
8
E-mail dated May 28, 2014
9
E-mails dated June 19, 2014
10
E-mail dated July 18, 2014
11
E-mail dated 8/1/2014
12
Amended Complaint
13
Class Action Complaint
14
Plaintiff's Responses and Objections
to Sweetapple's First Set of
Interrogatories
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CERTIFICATE OF OATH
THE STATE OF FLORIDA
COUNTY OF PALM BEACH
I, Barbara Bolton, Florida Professional
Reporter, Notary Public, State of Florida, certify
that DENISE DE MARTINI personally appeared before
me on the 19th day of December 2016, and was duly
sworn.
Signed this 27th day of December, 2016.
Barbara Bolton
Notary Public, State of Florida
My Commission No.: FF 118518
My Commission Expires: 09/01/18
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CERTIFICATE OF REPORTER
THE STATE OF FLORIDA
COUNTY OF PALM BEACH.
I, Barbara Bolton, Florida
Professional Reporter, certify that I was
authorized to and did stenographically report the
deposition of DENISE DE MARTINI, pages 1 through
260; that a review of the transcript was
requested; and that the transcript is a true record
of my stenographic notes.
I further certify that I am not a
relative, employee, attorney, or counsel of any of
the parties, nor am I a relative or employee of any
of the parties' attorneys or counsel connected with
the action, nor am I financially interested in the
action.
Dated this 2& y o� er, 2016.
Barbara Bolton, FPR
Florida Professional Reporter
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December 27, 2016
Ms. Denise DeMartini
C/o Daniel DeSouza, Esquire
101 N.E. Third Avenue
Suite 1500
Ft. Lauderdale, Florida 33301
In Re: Denise DeMartini v. Town of Gulf Stream,
et als
Deposition taken on December 19, 2016
U.S. Legal Support Job No. 1485364
The transcript of the above proceeding is now
available for your review.
Please call to schedule an appointment between the
hours of 9:00 a.m. and 4:00 p.m., Monday through
Friday, at a U.S. Legal Support office located
nearest you.
Please complete your review within 30 days.
Sincerely,
Barbara Bolton, FPR
U.S. Legal Support, Inc.
444 W. Railroad Avenue, Suite 300
West Palm Beach, Florida 33401
(561) 835-0220
CC via transcript:
Hudson C. Gill, Esquire
Robert F. Tacher, Esquire
Jordan S. Cohen, Esquire
Joshua A. Goldstein, Esquire
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E R R A T A S H E E T
DO NOT WRITE ON THE TRANSCRIPT - ENTER CHANGES ON
THIS PAGE
IN RE: Denise DeMartini v. Town of Gulf
Stream, et als
WITNESS NAME: Denise DeMartini
December 19, 2016
U.S. Legal Job No. 1485364
Page No. Line No. Change Reason
Under penalties of perjury, I declare that I have
read the foregoing document and that the facts
stated in it are true.
DATE•
Denise DeMartini
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$120,000
183:19,21,24
$3,000 131:17
133:25
$300 129:1
$33,000 216:8
$4,000 119:2
$50,000
126:19
$800 131:10
1
1 224:13
10 165:17
167:13
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100 213:14
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120,000
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15 216:7
1st 225:3
2
20,000 127:2
2000 198:23
2003 222:17
2007 255:3
2011 221:1
225:3
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111:8 182:22
2014 165:16,
17 166:12
167:14 198:24
240:2,11,12
246:7
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233:8,13
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2016 109:3
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225:4,11,12,
19,21,24
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137:7
25th 231:15
232:18
26 236:10
27 233:25
240:21
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2:39 231:16
3
3,000 134:11,
12
30th 229:23
230:5,10
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4
401(k) 111:3
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165:14 166:4
167:12
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4:40 260:20
6
600 216:7
66 188:7,8,9
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8
8 164:15
84 222:17
8908 152:15
9
93 212:9
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254:21,22,23
97 244:1
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A
ability
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absolutely
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207:19
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accepted
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access 148:21
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231:7,19
232:2,3,5,22
233:7
accessed
231:8
accomplish
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175:20
account
125:19 126:21
127:6,11,17
130:10
134:14,17,19,
24 135:2,5,10
150:4 219:15
231:4
accountant
150:8
accounted
150:2 151:24
152:24 154:21
accounting
130:13
148:21,25
151:13,15,18
155:15 219:16
accounts
135:4,6
accurate
112:25 136:25
146:15 183:17
189:20
accurately
260:1
accusations
189:16
accusations/
statements
189:9
accuse 250:18
accused
123:24 124:3
250:15
Act 226:12
235:7
acting 141:3
172:20 238:19
action 108:6
214:3
actions
211:10
acts 124:16
actual 146:21
163:2 254:11
1
added 126:22
183:6
addition
179:25
additional
134:4 151:20
152:3,4,5
182:18 220:8
address
221:12 259:22
adult 131:6,8
advantage
111:3
advised
243:4,7
affect 242:6
affected
182:25
affidavit
168:6 175:2
206:24
affiliated
242:13
affiliation
214:22,25
afford 200:3
Aflac 111:4
afternoon
106:10
195:18,19
222:12
afterward
122:16
agencies
189:10,15
202:22 204:3,
6 210:11,12
246:13,15
agency 115:2
199:17,18
203:13 211:2
aggregate
159:13 161:7
aging 199:14,
17,18 200:2,5
201:1 210:12
Denise DeMartini Vol Two
December 19, 2016
agree 170:13
211:19 213:16
217:24 225:5,
12 235:9
237:25
agreed 143:23
agreement
143:1,2 145:4
agreements
142:24
ahead 132:21
169:11 210:4
allegation
124:5 161:13
163:5,17
168:8 242:7
allegations
112:24 113:9
160:4,9
162:7,24
163:14 164:23
170:22 190:8
194:9 209:1
alleged
222:17 226:6
227:3,19
228:2 236:9
240:4,21
244:5,9,19,24
245:4,8,22
250:9
allegedly
209:5 233:16
235:14,22
241:24 247:7
251:25 254:2
alleging
209:16
Alliance
199:14 200:1,
5
allowed
255:17
Amended
106:18 164:14
188:6
Amendment
174:5,8
America
134:21 135:5,
7
amount 126:17
146:18 148:14
156:6 208:18
amounts
160:24 163:1
analysis
163:13
analyze 150:7
151:4
and/or 166:8
angry 204:7
218:14,15
animosity
192:21 210:16
answering
141:9 168:12
anticipating
215:18
apologize
109:14 123:5
176:12 186:9
221:19,22
apparent
210:25
application
114:24
applications
114:4,13,14
115:5,11
applied
114:20 115:14
232:8 244:1,
4,11,16
apply 114:21
applying
232:10
approached
116:9 169:3
appropriately
260:4
approval
143:3 145:21
146:18
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approve
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219:21
approved
143:14 144:22
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approving
176:18 177:7
approximate
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approximately
107:17 215:21
216:8
April 240:12,
19,20,23
Area 199:17,
18
areas 115:7
Aronberg
180:14
190:17,21
arrived
109:24
asserted
239:14
asserting
107:23
assertions
166:21 167:2
assigned
196:3 256:8
assist 206:19
assisted
180:3
assisting
179:25 206:9
Associates
225:17,23
Association
201:18,21
associations
199:22
assume 191:25
255:16 260:3
Assuming
220:4
2
assumption
192:2 248:2
assure 108:21
260:1
at -will
186:3,25
187:10,13
attacked
173:9
attempt
200:22
attended
165:19
attending
165:22
attention
115:23 164:13
attorney
118:4 165:5,8
177:12 189:14
190:2,5,13,16
199:2 215:18
248:16
attorney's
204:17
attorneys
140:17,24
141:11 142:3
146:9 165:9
169:7 172:13
176:19 177:8,
17 218:24
219:20,25
attorneys'
145:16 197:7,
8,12,14,19
198:4,9,16
199:16,21
200:9,18
201:11,21
202:2,9
203:4,18
204:6 219:9
August 109:7
110:11 182:22
225:11,19,21
230:16 231:2,
15 232:18
Denise DeMartini Vol Two
December 19, 2016
233:8,13
aunt's 182:8
aunts 116:18,
20
authority
256:4,25
257:6,10,16
258:3,8
aware 114:7
124:23 140:9
151:2 159:19,
24 160:4
161:12 164:4,
7 166:20
167:1 181:24
188:5,17,20
194:15,20,25
195:5 217:8,9
223:15 229:3
230:14,19
231:1 233:12
234:4 236:24
246:1,13
251:23
253:14,17
255:11
Awareness
200:17 214:24
215:4 224:4
B
baby 176:2
back 117:7
128:24 131:11
141:17 143:15
147:22 152:23
155:1 159:16
165:15 182:13
196:17,23
197:12 204:12
217:4 222:24
225:1 233:15
244:4,8 247:5
249:14,17
250:17 254:21
255:1,9
background
108:23 122:3
bad 171:11
203:9
bandwagon
167:24
bank 134:16,
17,21,22,24
135:4,6
Barger 123:21
based 163:4
172:21 213:5
244:19,23,25
245:1 254:9,
13
basically
179:23 257:13
basis 120:21
140:22 153:18
157:4 161:7
167:17 173:3,
4 189:23
190:7 191:20,
21 192:2,24
251:1 252:12
253:11
BB&T 125:20
BCC 122:8
Beach 179:5
199:18 202:7
203:5
bed 216:4
began 226:8
begin 255:3
beginning
120:17
behalf 106:19
145:5 159:20
161:14 162:25
164:15 181:21
186:15 192:7,
12 205:2
256:4,12,18,
25 257:14,17
behavior
172:18 258:21
belief 192:20
253:10
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believed
168:6 198:25
209:13 239:25
believes
153:14,19
211:2
bell 208:5,6
belong 251:12
benefit
158:15
benefits
110:1,3,14,
19,21,22,24,
25 111:7
big 153:16
Bill 142:7
165:12 184:12
205:6 241:13
248:16 257:21
billed 146:22
bills 129:20
bit 108:23
113:25 132:3,
4 144:19
147:22 154:5
156:21 160:23
168:17 216:11
219:15
bitter 175:4
biweekly
159:10,11,12
bizarre
242:14,16
blame 128:19
blanks 204:14
board 118:1
133:7 178:17
181:17 205:12
220:7 257:8
boasted 235:4
236:8 240:25
boasting
226:8 239:16
241:2,4
Bob 195:20
244:6,10,20,
24 245:9,13,
3
17,18,22
bonuses
220:13
books 151:4
bore 203:23
borrow 113:13
129:20
borrowed
130:23 131:6,
15 133:25
borrower
131:13
boss 157:9
bought 131:10
bounced 158:1
braces
128:18,20
129:9
brain 211:1
branch 134:22
break 156:12
172:1 176:8,
11,13,16
195:13 222:7,
9
breakdown
146:2 159:5
176:21
Brenda 120:9
125:22 127:8,
24 128:14
130:5 159:2
184:13,23
Brenda's
130:7,8
Brevard
108:15 109:1,
4,20,21
110:15 114:15
117:21,22
118:15 120:12
122:10,18
215:25 216:1,
3 244:22
briefcase
148:1,3
Denise DeMartini Vol Two
December 19, 2016
briefly
224:12
bring 191:10
broad 180:22
brother
116:24
brother-in-law
116:18
brothers
116:17
brought
123:11 143:4
Broward
215:22 216:2
building
152:14
built 152:11
bunch 108:22
123:13 230:20
burdened
179:19
busier 182:15
business
149:24 158:3,
6 163:20,21
180:1,16
183:4 205:17
207:17
busy 175:22
buy 138:13
bypassing
219:25
C
CAFI 133:7114
136:6,9
137:2,6
139:25 140:5,
24,25 141:10,
11 143:10
144:9,15
145:5 146:7
147:15,18,24
148:6,10,14,
17,25 149:4,
6,9,17,24
150:4,19
156:25 157:13
158:3,5
159:20 161:14
162:6,17,23
163:1 173:22,
25 174:9,22,
25 175:4,13,
15 176:18,25
177:7 178.17
181:13,16,23
182:21 183:6
184:4,7
192:7,13,16
196:5 198:25
199:9,13,19
200:9 201:6,
10,19 202:1,
7,9,13,14
203:12,17
204:2,7,20,24
205:1,3,10
208:25 209:1,
6 210:14
217:5,10,18,
24 220:8,11
242:13 254:15
256:1,5,11,
13,18,20
257:1,14,17
258:14,18
CAFI's 139:21
145:23 175:20
256:5
call 111:18
115:22 130:11
159:2 171:24
176:12 217:18
221:18 244:8,
17,23 245:7,
12,15
called 117:6,
16
calling
121:24 167:20
Calls 124:11
170:10
calm 132:3,5
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campus 122:8
Canaveral
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candor 204:10
capable
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capacity
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15 243:6
Cape 114:15
245:6
car 129:15
131:10
Carathers
123:19
care 201:17,
19,21 216:21
Carla 111:21
158:22 159:4,
13
Carolina
123:18 245:12
255:3,8
case 106:19
112:3 116:5,
10 123:11,17
125:10 138:4
144:18 146:6
159:23 185:15
187:8 189:6
193:10,11,12
195:23,24
197:18 198:2,
3,8,15 199:13
219:22
case-by-case
161:7
cases 137:7,
13 138:3
161:12,14
178:8,12
196:3,4,9,11,
16 197:23
198:14,17
199:17 208:12
218:24 220:1
Catholic
201:6,11
4
caused 107:24
163:7 218:21
251:10 253:9
cell 233:2
center 161:10
181:4
Central
199:17
Chandler
137:5 139:20
140:11 141:23
142:19 144:1
164:8,19
166:9,11,16,
18,21 167:2,
16,18 168:9
172:22
174:10,16,18,
21,25 175:19,
24 183:10,19,
23 195:23
202:25 205:6,
15 207:2
209:9,14,16
210:13,24
211:2 218:6
219:24 234:2,
5,8 235:8
236:12,16,21,
25 239:21
253:20 254:5,
12 256:2,6,11
257:18 258:6,
13,17
Chandler's
149:12 168:5
206:23,24
208:25
237:16,20
257:16
change 201:1
changed
113:15
characterizati
on 136:22
characterize
175:15
Denise DeMartini Vol Two
December 19, 2016
characterizing
119:15
charge 219:19
charges
191:10
Charities
201:6,11
chartered
147:19
chased 208:11
check 122:3
147:3
checking
134:19 135:5,
6,10
child 201:17,
19,20 211:1
children
107:9 110:7
116:18 129:18
216:18 221:16
254:25
children's
113:10
125:13,17
210:12
216:15,21
choose 202:18
Chris 172:22
173:9 226:17,
18 235:13
239:21 252:21
Christopher
206:16
Church 203:16
circumstances
200:16
citizen 171:2
Citizens
200:17 214:24
215:4 224:4
city 114:15,
23 115:1
180:9
civil 114:4,
13 115:14
claim 107:23
187:2 209:8
239:14
243:13,15
claiming
108:4 112:2,
22 113:3,4
claims 113:21
211:3
clarification
160:15
class 108:5
clear 121:1
144:13 149:22
clicked
215:20
client 106:17
132:8 133:20
159:20 161:14
163:1 226:7
229:9 233:16
235:4 236:25
238:9 239:15
242:16,23
243:4 248:1
client's
242:18,25
clients 176:7
CLIO 146:22
close 133:23
147:11
closer 182:23
coaching
170:23
Coalition
202:6 203:5
Coast 199:19
cocktail
228:15
Cohen 106:4,
9,11 108:2
132:5,11,14,
20,22 133:3
140:22 141:2,
6,14,17 20
142:16 160:13
161:24 162:12
168:16
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170:13,15
176:15 184:17
188:9,10
190:12,14,15
194:6,14
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collect
200:18 202:2,
19
collected
201:10,21
202:9 203:4,
18
collecting
209:3 219:9
collection
139:6
collector
139:10
college
113:10 122:13
125:13,17
216:15
comfortable
179:22
comment
248:21
comments
170:25 239:24
Commerce
135:25 136:4
148:22 150:3,
18 151:8,18
152:15 180:2
182:14,20
185:25 220:14
223:12,13,16,
22 230:11,12,
16 231:3,6,8
232:3,5,7,12,
22,24 233:6,7
234:7,9
commission
180:9 239:9
commissioner
213:15,24
commissioners
239:5
E
commit 124:16
committed
194:21
common
248:21,23
communicating
118:12 135:25
communication
140:23 141:13
communications
118:24 119:14
companies
136:15
company
165:25 223:8,
20
compare 147:5
compensated
154:25 180:4
compensation
183:10
complaining
219:18,25
complaint
106:18 108:6
135:13 164:5,
14 188:7
189:19,21
212:12 222:16
226:6 240:4,
9,21
complete
118:8 120:13
completed
120:15
complicated
107:1
complied
143:22
comply
200:13,16
component
146:20
comprehensive
130:2
computer
120:15 153:10
Denise DeMartini Vol Two
December 19, 2016
229:18 231:6,
19 232:9,10,
13,15
computers
153:23
con 174:20
175:18
concern
106:16 242:4,
9
concluded
260:20
conclusion
124:11
conditions
118:6
conference
228:8 242:2
246:3
confidential
228:6 246:2
connection
130:16 214:25
connections
175:25
considered
187:7
conspiring
226:10 235:4
236:9
construction
153:23
consulted
142:1
contact
117:14
contacted
121:10 189:14
contacting
221:15
contacts
231:24
contend
133:24 167:3
context
178:16 187:15
212:8 214:5
227:22 228:1
241:23 246:23
247:23 252:6
contribute
253:6
contributions
126:12
control
218:16
controller
111:21 150:5
158:21
convenience
205:6,12
convenient
205:9
conversation
185:10 186:17
226:20
conversations
177:23 227:2,
20 228:21
248:5 252:3,
5,6,9
convicted
254:6
copies 128:1
copy 106:18
229:16,24
260:13,14,17
Coral 134:25
162:8
corner 201:3
corporate
136:3 222:24
corporations
117:9
correct
111:10 112:41
5 118:16
121:4 130:17
135:18 136:1,
4,16 138:7
139:16,22,25
144:23 145:1
148:22,23,25
149:1,4,5,7,
8,13,20,24
U.S. LEGAL SUPPORT
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150:1,10
151:1,21
152:3 154:18
155:8 156:3
158:11 160:5
161:19 163:6
164:9 176:22
177:4 178:12,
25 180:4,9
181:13 182:2,
16 183:12
185:20 189:2
193:16 208:19
214:13 216:9,
12 224:2
228:22,23
230:21 240:4
242:21 243:9,
11 244:1
245:5 250:25
252:7,8,11,
17,24 253:21
254:9,10
258:14
Corruption
226:12 235:7
cost 113:9
119:2 150:2,
19 151:17
200:3 217:13,
17 218:2
costs 143:16,
18,19 145:25
146:21
151:19,23
152:2,24
159:23 160:22
161:1,18
163:2,11
176:22 196:17
198:19 200:23
204:17
counsel
132:5,12
170:14 211:23
242:21 243:7
counselor
194:8
0
count 212:9,
11
counterclaim
251:11
counting
162:21
county 108:15
109:1,4,20,21
110:16
114:15,23
115:1,2
116:15 122:10
202:7 203:5
244:22
couple
106:14,15
147:23 217:1
court 132:16
196:22 197:2,
5,7,8 198:2
212:20 246:25
courthouse
228:12,14
cousins
116:20 123:13
cover 198:18
coverage
111:22
covered
106:13 110:7
111:23,24
147:21
covering
153:21,22
covers 113:23
116:21
created 126:1
138:15 160:20
163:7
credit 122:13
crew 247:18,
19
criminal
191:10 194:17
247:25
criminals
167:21 168:19
238:3 247:15
Denise DeMartini Vol Two
December 19, 2016
criteria
143:12
Criticall
120:14 121:13
CRO 111:18
113:11
127:14,17
131:3 139:16
148:18,21
149:3,19,23
150:3,17
151:1,8,18
152:7 154:17
155:1 156:20
157:1,12,22
180:1,16,20
181:1,6,9
182:14,19
184:3 185:19,
24 187:4,9,16
216:17,20
220:14 222:18
223:4,10,20
225:9 229:25
230:5 253:6
254:17 255:12
CRO's 111:11,
23
CROSS-
EXAMINATION
106:8 195:16
222:10
crossed
187:17
current
110:20 224:8
225:3
cursor 231:16
cut 169:10
damage 253:9,
12
damaged 113:5
243:14,20
damages 112:2
(damaging
172:12
damn 147:11
date 118:3
119:5 126:2
129:14
135:16,21
137:4 154:12
162:15 224:23
225:3 227:8
dated 232:17
dates 111:14
225:10 226:4
daughter's
129:15
Dave 180:14
David 190:17
day 159:7
day-to-day
183:4
days 186:22
222:25 255:7
ddemartini@
commercegroup.
com. 231:17
deals 212:12
debt 139:6,10
decide 139:9,
11
decided
139:14,20
167:24 172:24
deciding
192:8
decision
143:7 191:23
192:15,19
decisions
204:15
decline
178:24
deduct 155:12
Deerfield
179:5
defamed
243:16
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defendant
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234:15
defendant's
106:6 234:17
defendants
106:12 113:4
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185:15 193:1
238:12,13
248:4
defending
213:17,19
deferred
177:8
degree 199:4
delivered
231:6
Demartini
106:10,20,22,
24 107:4,8
108:4 113:3,
22 114:19
116:3 117:23
125:24,25
130:6 132:15,
24 133:12,17
134:9 141:21
146:24 160:14
162:20
169:19,25
170:16
171:17,25
172:8 174:7,
17 176:4,16
188:2 189:21
192:20 194:7,
16 221:21
222:12 250:5
255:25 259:24
Denise
169:19,25
dental 110:4
111:9
deny 208:17
Department
245:7
7
depending
157:7,16,17,
22
deplete
113:10 125:12
depleted
126:20
deposition
106:18 112:7
182:4 185:3
206:24 226:16
229:6,7,20,22
233:17,22
236:12 259:25
260:20
depth 185:10
derogatory
239:24 249:20
describe
144:11
desk 155:19
Desouza
107:19 123:2
124:10 127:3
132:3,6,13,16
133:1 137:8
140:20,23
141:5,9
142:12,14
148:7 160:10
161:22 162:9,
14 167:4
168:10
170:10,17,24
172:1 176:13
177:22
184:16,21
186:7 190:6
192:18 194:2,
10 195:13
197:20,24
211:13,25
212:2,4 214:6
223:19 231:11
240:10
246:21,25
250:4 259:16,
20 260:16,18
Denise DeMartini Vol Two
December 19, 2016
desperate
244:12
desperately
139:12
determine
143:13 160:8
162:7,23
163:3,4,8,14
determined
197:10
determining
144:21
device 232:23
difference
201:4 202:15
differently
218:19
difficult
144:19
digits 135:1
Diocese
201:6,11
direct 137:13
directed
137:2
directly
189:9 228:21
director
133:14 136:9
140:12,24
146:25 161:15
162:17,22
163:6 175:20
176:18 177:7
198:23 199:12
202:21 214:23
215:10,11,13
223:10,13,16
224:4,11
disability
111:6
disappointed
174:12,16,22
disbursements
130:9
disclose
225:22
discuss
177:20
discussed
185:1 194:19,
24 195:4,9
213:2 239:2,3
252:2 259:19
discussion
145:15 205:14
222:3
discussions
140:10
184:14,23
185:5,11,14
205:5 227:11,
23 253:1
disgrace
173:11
Division
108:15
divulge 114:5
document
106:20 112:6
224:24 226:5
234:24
235:10,17
238:6
documentation
147:16 154:2
documents
111:16 127:19
143:21,24
144:2 145:9,
12 195:21
204:19 225:24
dollar 215:22
dollars
113:13 130:24
133:24 146:6
doubt 202:25
dropped 259:5
drug 119:23
120:1 121:8
due 113:12
114:6
dump 259:3
dumped 258:25
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e-mail 119:16
128:6,7 138:2
159:1,3,12
184:8 217:18
229:14 231:3,
9,12,15,17
232:11,17,22
233:6
e-mailed
230:2
e-mails 123:6
137:5,18
230:4,10,11,
12,15,16,21,
22,23 231:1,2
232:6,23
233:1,7
earlier
139:13 148:20
154:15 163:22
164:19 165:14
188:15 196:14
222:15,25
225:16 236:14
253:19
easier 183:1
easily 176:2
educate 199:4
efforts 180:6
election
180:14
electronically
155:17
embarrassed
115:18
employed
108:11 116:24
131:3 139:4
222:18
employee
135:25
employees
227:16,18
255:12
employer
110:15,20
178:20 222:20
255:6
employer's
111:10,24
employers
225:5,9
244:17
employment
113:7 114:1
117:1 157:7
187:14 222:21
225:11,23
230:21,22,24
253:6 254:17
end 109:4
174:14 213:16
214:1
enforcement
169:6 189:10,
15 191:2,3,6
193:5 239:3
246:13,15
247:8,14
engaged
167:21
entailed
142:18
enterprise
196:16
entire 162:16
170:13 222:21
entities
148:18 196:6
209:3,4
215:7,8
entitled
200:25 201:14
219:10
entity 181:22
222:23 254:17
environmental
108:15,17
109:1,11
equity 138:8,
12,15
Denise DeMartini Vol Two
December 19, 2016
errata 260:3
establish
251:24
evaluation
120:23 121:21
event 238:1
everybody's
172:25
evidence
172:16
250:12,16
exact 126:2
154:12 215:21
227:8 248:6
EXAMINATION
255:23
exception
181:8
excess 159:22
161:1,18
163:1
exchange
119:13 138:2
exclaiming
213:16
executing
224:24 234:24
exercise
157:11 174:8
Exhibit
106:6,17
112:7 164:14
188:6 224:13
234:14,17
existence
127:6
exorbitant
217:13,17
218:1
expect 208:14
expended
146:6 204:17
expenditure
153:11
expenditures
164:2 200:23
expense
219:14
expenses
129:8,24
149:6,9 150:4
216:21 219:13
experienced
178:6
expert 174:12
183:25
expertise
175:23
explain
115:17 140:25
142:17 156:7
170:21
186:14,15
232:20
explained
137:11 154:4,
5 163:22,24
explanation
157:2
explore
133:22
express
244:18
extent 124:12
150:3 151:17
185:4 238:23
extortion
167:22 168:19
188:22 195:7
226:10 235:5
F
face 183:2
Facebook
117:10
fact 115:18
160:9 164:5,7
175:22 178:19
211:17 214:9
215:13 224:1
254:12
factor 205:13
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167:13 172:15
factual
112:24 166:20
167:2
factually
142:17 160:9
166:22 189:20
fair 132:19
177:6 183:23
221:5
fall 157:25
false 113:8
175:3 238:21
254:2
falsely
250:14,18
251:1,6,20
familiar
124:19 178:10
families
201:19
family 108:22
110:5 116:14,
16 123:12,13
201:17,20
245:15
fantastic
170:17
fashion
172:21 238:20
father 131:10
134:6
fault 132:1,
23 133:2
favorite
174:2
February
135:14,17
136:10
240:16,17
federal 195:2
226:11 235:6
fee 204:17
feel 139:18
168:13 179:21
183:18,20,23
Pi
200:15 203:7,
9 210:6
feeling
207:10 210:16
feelings
218:7
fees 144:23
145:16,17,25
146:20 149:10
159:22 161:18
163:2 176:22
196:17 197:7,
9,12,14,19
198:4,9,16
199:16,21
200:10,18
201:11,21
202:2,9
203:4,18
204:6 209:3
219:9
felt 156:20
178:18,24
179:22 199:7
207:19 209:19
258:7
FEMA 108:20
field 184:1
figure 215:22
231:21
file 187:1
192:8,15
208:17 209:18
211:5,10
242:23 243:4
257:17 258:8
filed 106:19
108:6 112:11,
14,17,20
114:7 115:19
133:12 139:25
140:5 164:15
166:7,8
184:15 185:2
202:16,22
214:16
220:22,25
221:9 229:8
Denise DeMartini Vol Two
December 19, 2016
240:6,16,24
242:17 243:3,
25 251:11
files 248:1
filing 143:19
144:9,23
145:25 146:20
149:10 171:24
172:23 187:7
192:6 209:2
212:17
214:12,16
215:5 249:23
251:13,17
257:14
fill 114:13
115:10 155:16
204:13
filled 114:14
filling 114:4
182:10
finances
181:20
financially
113:14
find 113:7
117:5,8 127:1
172:16 208:14
238:8 239:17
244:12
finding 113:6
114:1
fine 106:24
176:9
finger 231:16
fingerprinted
119:23 121:5
finish 149:21
159:5
finished
212:22
firm 110:20
111:1 136:12
137:7,20,21
138:6,9,12,
14,15,24
139:2,4,6,22
141:4,25
143:16 145:18
146:1,7,14
147:5 150:10,
15,20 151:8,
14,19,25
152:25
153:12,14,19,
25 154:6,16,
22 156:24
157:14,19,21
158:11 159:20
160:20,22
161:10,13
162:25 163:9,
11 164:1
165:10 176:20
177:3,9,18
178:7,11
182:2,21
183:7 189:24
192:1,6,9,12,
17 196:15
204:19,21,23
205:9,10,19
206:13,15
219:9 220:14
227:17,19
234:7,9
237:7,9,13
241:14 242:12
245:19 246:5
248:15 249:22
250:2 252:14,
17,20 254:14
firm's 138:3
first-year
137:24
flag 117:11
Florida
108:14 109:1
125:20
135:15,18
175:25 182:13
186:12 189:14
190:2 199:18
200:6 201:17,
20 203:5,15,
20,21 210:24
223:8
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Florida's
186:25 187:13
flow 137:17
flowed 137:16
focus 157:25
179:19
focusing
142:20 255:25
follow 208:13
follow-up
106:14 137:16
147:23 255:22
food 202:9
for- 215:7
for-profit
223:8
foreign 223:8
forget 142:8
forgot 226:1
Form 133:1
160:10 192:18
211:13
formally
184:6 252:25
forty -hour
216:6
forward
213:18
forwarded
230:15 231:3
232:11 233:5
found 117:5,
16 163:10
171:21 174:13
foundation
200:17 214:24
215:5,10,11,
14 224:5
fourth 162:21
free 168:13
178:24
friendly
239:8
friends
116:21
123:14,16
124:18,24
125:1,3,5,7
245:11
friendships
125:10
frivolous
123:23
front 118:3
164:16 167:6
168:13 240:9
fulfill
138:23
fulfilling
140:12
full 145:6,8
155:2 179:4
182:15,19
218:16 221:20
231:19
function
143:9
fund 113:10
125:13,17
126:13,16
216:15
funded
126:10,13,15
147:24 148:6,
14 150:10
183:11
funds 127:24
129:8 130:3
134:4 151:7
future 113:16
,91
gain 124:17
gained 237:17
gap 111:22
gaps 182:10
gave 131:17
134:2 180:24
188:18 220:22
Gee 259:3
general
152:19,21
169:7
Denise DeMartini Vol Two
December 19, 2016
generalities
239:19
generally
156:9 157:3
179:17
gentleman
137:11
get all
197:13 221:25
GILL 170:21
255:21,24
259:15,17,22
260:9
Gio 178:1,4
Giovani 142:7
165:12 178:4
Giovanni
125:25
girlfriend
123:20
girlfriends
123:18
give 115:3
130:13 131:19
134:13 146.9
160:10 172:1
202:1 203:11
208:2,13
211:15,17
227:8 237:4
giving 230:23
231:18 239:18
goal 175:17,
21
Goldstein
215:25 216:2
222:7,9,11,13
223:22,24
231:13,14
234:19
240:12,14
247:3 250:5
255:19 260:15
good 106:10
128:14 168:25
169:2 175:5
179:20
195:15,18,19
199:9,19,20
200:11 203:7,
9,19,21
221:4,6
222:8,12
Google 114:9
117:10
Googled 117:6
great 161:10
Greer 106:11
189:24 190:8
212:10
ground 106:13
group 136:1,4
148:22 150:3,
18 151:9,18
180:2 182:14,
20 184:3
185:25 195:21
212:12 213:6,
11,18,23
214:11,16
220:14
223:12,13,17,
23 230:11,12,
16 231:3,7,9
232:3,5,7,12,
22,24 233:6,7
234:7,9
239:24
groups
238:12,13
grow 183:5
guess 131:12
134:23 191:7,
12 237:17
255:18 257:8
guilty 195:6
226:10,11
235:5
Gulf 165:18,
22 166:7
180:7 205:23
206:10 212:18
213:14,24
215:6 239:4
242:20,21
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guru 210:24
guy 138:1
Gwen 120:9
123:19
124:18,20,24
H
half 158:5
173:4
hand 136:19
219:16
handed 229:16
handful
255:21
handle 157:24
handled
185:19 192:12
Hanna 126:8
226:16,18,21,
24 228:20,22
233:21 235:8
236:13 239:20
Hanna's
229:19 233:17
234:3
happen 127:22
148:2 196:24
211:12 220:3
happened
160:2 162:1
231:10 233:11
happening
147:1 151:5
198:12
hard 175:14
207:8 229:16
hatred
209:19,24
210:15 211:11
head 115:6
118:23 119:10
120:11 122:1
135:3 179:13
183:15,16
headhunter
116:22 117:3,
12,15 123:7,
14 171:18
heads -up
241:15
health 110:4,
11 111:9,23,
24 112:3
hear 169:3
207:3 219:7
227:19 250:6
heard 136:18
167:23 186:9
193:18 207:1,
7 213:1
226:16
227:14,16
235:14,22
239:23
245:12,16
246:17 247:5,
6 248:7,12
hearing
209:7,15
210:13 248:25
hearsay
246:18,19,22
held 222:3
hiring 157:18
244:5,9,19,23
hold 124:10
190:6 224:18
246:21
Holly 123:19
124:21 125:3
home 155:7,10
168:15
201:17,21
216:4
homeless
202:6,8 203:5
honestly
233:11
hope 172:7
horribly
172:12
hour 216:5
hourly
220:18,23
Denise DeMartini Vol Two
December 19, 2016
hours 156:24,
25 158:16,20,
25 159:4,6,14
182:25 183:5
house 182:8
household
129:24
HR 120:12
122:2
huge 153:15,
19 154:6
human 119:10
hurt 175:8
250:11
husband
108:8,11,25
109:20 126:11
129:21 155:14
221:2
husband's
110:8,10,15
111:10,24
221:20
I
idea 137:25
215:21 242:15
identification
106:7 234:14,
18
identify
159:13 168:8
235:3 236:7
identities
166:6
II 212:9
ill 192:21
214:11,17
215:14
ill -will
214:4
illegal
124:16
illegally
124:9
impacted
187:1
implemented
146:14
important
147:9,12,18
160:8 174:6
189:20 221:24
impossible
231:5
improvements
153:3
in- 185:9
incident
249:3,9
include
145:15 159:4
173:3 176:21
191:24
included
149:10,12,15
151:20 159:21
170:3,5
includes
111:6
including
172:25 175:9
186:19 191:22
209:17 211:4
234:1 253:8
inclusion
253:11
income 220:12
inconsistent
256:10
incorporated
223:5 256:2
incorporation
257:15
incorrect
186:11
incurred
145:24 146:21
159:23 161:19
163:2
independently
176:25
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indicating
205:16
individual
116:9 161:12
individuals
117:1 123:10
234:6,8 236:E
239:16,17
247:6
Influenced
226:11 235:6
information
177:1,2
193:23 204:18
210:13
213:10,22
214:8,10,15,
20 215:12
217:25 238:8,
9 245:24
246:2 251:18
informed
193:22
initial
120:16
153:22,24
157:19
initially
126:14,15
137:14 148:9
150:10 183:11
222:14
injure 191:18
252:1
inquiring
107:21
inspections
108:19
instance
141:2 171:7
173:22 206:16
instances
144:1 156:10
159:19 179:2,
6 180:24
194:15,20,25
195:5
instigated
212:16
instruct
141:12 142:14
instructing
141:7
insurance
110:4,11
111:4,9,12,19
112:3
intent 106:12
intentional
135:11
intentionally
124:16
interest
217:25 253:25
254:1
interested
147:16 156:17
163:25 164:1
244:18
interjected
257:23
interrogatorie
s 224:14
234:16 243:25
interview
168:20,22
169:13,20
170:1,6
188:14,19,23
189:4
investigation
210:1
involved
116:11 122:15
139:24 140:4
152:2 162:6
183:4 204:2
206:19 207:17
208:25 209:6,
6 210:14
213:7 215:4
240:1 242:20
256:19
involvement
176:17 205:22
Denise DeMartini Vol Two
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206:1
Island 107:5
109:24 134:23
225:10
issue 111:16
123:11 125:16
136:21 142:20
157:23 256:4,
25 258:8
259:21
issuing
256:12
items 142:23
J
January
225:2,11
240:3,10,13,
23
Joanne 235:9
239:21
job 110:1,3
113:11 114:5,
13 115:14
117:5,19,20,
22 118:7,15,
18,23 119:15
121:24 129:19
131:22 139:1,
11,12,14
175:5 179:20
202:18 215:24
218:9,10,12
232:8,11
251:10 256:16
jobs 114:4,
13,21,22,23
115:4 175:23
244:11,16
Joel 137:14
139:20 140:1,
2,5,7,18
164:7 174:10,
18 195:23
202:25 205:5
206:23,24
208:19 209:9,
13,16 210:13,
24 211:2
218:5 219:2,
24 234:2,5,8
235:8 236:12,
16,20,25
237:20 239:20
256:2,6,11,24
257:16,18,25
258:6,13,17
join 178:17
181:17
joint 192:19
Jon 207:13
247:16
Jonathan
173:9 185:5
226:9
Jordan 106:11
Joseph 125:24
221:21
Joshua 222:13
judgment
197:25
July 131:18
166:11 246:7
jump 167:24
June 229:23
230:5,9
231:5,9
232:16
Justice
172:9,11
justify
201:10
K
keeping
155:17 156:9
158:14
Kim 123:19
124:20 125:1
kind 107:1
157:1 158:14
161:4,6
180:21 199:3
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206:8 210:10
258:11
Kitchens
123:19
knew 124:6
141:22 146:15
151:5 163:5,
17 176:1
179:19 207:5,
19 214:22
215:1 235:21
241:6,15,20,
21
knowing
156:18 203:8
knowledge
133:21 168:1
197:18 217:5,
23 218:21
219:5,6
223:25 224:3
237:17 254:5,
7
Knoxville
181:3
L
lacked 112:3
lady 211:4
large 116:16
largest 129:3
late 179:3
law 110:20
111:1 136:12
137:7,20,21
138:9,12,14,
24 139:2
141:4,25
145:18 146:1,
7,14 147:5
150:10,15,20
151:8,14,19,
25 152:9,25
153:11,14,19,
25 154:6,16,
22 156:24
157:14,18,20
158:11 159:20
160:20
161:10,13
162:24 163:9,
11 164:1
165:10 169:6
172:15 176:20
177:3,9,18
178:7,11
182:2,21
183:7 189:10,
15,24 191:2,
3,6 192:1,6,
9,12,16 193:4
201:1,4
204:18,21,22
205:9,10,19
220:13
227:17,19
234:7,9
237:7,9,13
239:2 241:14
242:12 245:19
246:5,12,14
247:7,14
248:15 249:22
250:2 252:14,
17,19 254:14
lawsuit
106:12 107:22
113:3,5,12,22
114:11 115:19
123:23 125:17
128:19 130:17
131:16
133:12,17
143:20 144:9,
16 145:19
159:21 167:1
169:8 170:14,
25 171:3,24
172:8,17
173:15 176:6
184:15,16,21,
24 185:2,6,
12,16 191:22,
24 192:25
197:11 199:14
202:16 206:20
Denise DeMartini Vol Two
December 19, 2016
211:23
212:16,17
229:10 240:1,
6,15,16,23
241:18
242:17,19,23,
25 243:3,5,14
244:25 245:1
248:1 250:22,
24 253:9,11,
24
lawsuits
114:6 139:21,
25 140:5,13
141:23
142:19,21
162:25 166:7
167:25 192:7,
12 199:13
202:21 205:7,
10,22 206:9,
12 208:2,18
209:2 211:5,6
245:2,3
251:9,11,13,
17 252:1
257:14,17,25
258:8
lawyer 126:3
137:24 142:10
230:23 237:13
lawyers
141:24 177:3
laying
171:23,25
learn 258:24
259:9
learned
183:18
leave 139:15
218:22
led 182:18
left 110:12
136:19 140:1,
2,6 141:23
142:20 144:1
198:24 218:14
230:5 231:16
254:23 258:7,
13 259:1,18
legal 124:11,
21 246:22
legitimate
217:25
length 107:21
letter 259:11
letting
186:15
liar 174:19
175:18 209:11
254:4,8,12
liberty 200:1
license
129:16
lie 116:1
lies 174:23,
24,25
life 129:10
131:6,8
limited
152:15 234:2
lines 208:1
214:1
list 130:2
196:4 211:6
225:9
listed 169:22
196:2 224:1,7
245:25 248:3,
4
listen 241:5
244:15
listening
170:5
live 115:8
living 129:21
243:20,21
loan 131:12
153:5,8,12,15
154:1
loaned 154:21
lobby 247:13
248:9
location
205:13
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115:7 144:16
163:8 169:4
224:10
loop 133:23
Lori 123:20
124:21 125:7
lose 125:9
196:22 197:2,
5 218:12
251:10
losing 113:11
129:19 160:23
163:11
196:15,20
loss 253:6
losses 161:2
163:9
lost 114:5
117:20 175:5
196:15 218:9
lot 144:17
163:12 175:3
183:3 196:23
209:7 219:1
220:12 222:25
Lotane
225:16,23
Lou 226:18
227:10,11,13
235:13 239:22
Loudermilk
120:9 123:19
Love 225:10
low 171:23,25
200:3
luck 221:6
lump 129:3
lumped 170:2
Lumping
172:16
Lutheran
203:15,16
M
mad 175:5
218:9
Madam 260:12
made 122:20
130:5 137:15
160:5,12
162:24 166:21
167:2,18,23
168:2,8,18
189:8,16
190:1 192:16
202:11 217:5,
10 226:22
227:3,23
228:2 233:16
234:1,4
237:21 238:9
239:15,17
240:22 242:2
244:6,10,19,
24 245:8,13,
17,22 246:12,
14 247:7
248:10 253:20
254:2
maiden 106:23
mail 128:6
main 160:21
243:13,15
253:11
maintain
146:7
maintained
125:18,19
maintaining
177:1
majority
155:7 156:18
157:21 158:3,
Denise DeMartini Vol Two
December 19, 2016
10
make 112:23
119:5 126:12
127:21 128:10
133:23 135:24
143:6,20,22
144:22,25
145:19 147:6
170:7 176:12
202:15 203:7
207:16 217:11
220:5 227:14
236:2 238:11
243:20 246:8
260:2
makes 201:4
243:2 251:18
making 112:24
113:21 143:15
147:1 167:20
204:15 216:11
226:13 239:23
241:24 243:21
247:15,24
248:21 250:6,
10 251:19,20,
25 258:23
malice 212:16
250:11
malicious
113:8 172:18
212:9 238:20,
21
maliciously
243:16 250:14
251:2,6,20
man 168:6
174:20 175:18
238:22 254:3
manage 181:16
managed
136:11
management
195:24,25
manager 141:3
managing
137:20,21
138:5,18,23
139:1,3 142:4
manner 150:17
154:25 249:21
Marie 125:24
marital 108:5
mark 106:4,5
226:16,18,21,
24 234:14
236:13 239:20
marked 106:7,
17 112:6
164:14 234:17
marriage
107:21
Martin
136:14,18
138:21 147:25
148:5 150:9
153:5 172:22
178:16 185:11
Marty 131:20
132:1,23
133:2 152:14
153:15 154:10
156:19 161:10
173:17 187:17
207:20 241:13
242:11 255:13
match 146:19
matched 147:7
math 216:9
matter 197:9
205:8 222:14
230:15,20
243:13
matters
180:3,5
mayor 212:18
Mckutchon
111:21
means 124:13
138:11,13
211:18
meant 247:22
mechanically
127:21 148:2
U.S. LEGAL SUPPORT
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mechanics
156:2
media 188:12,
18 189:5
193:4
meet 208:10
meeting
165:16,18
166:11,15
212:19 213:2,
12 228:13
meetings
165:23 213:1
227:9 239:9
Melbourne
118:25 122:9
member 178:17
213:11
members
123:14 205:12
206:12 245:15
257:8
memorializing
119:14
mentioned
117:2 196:14
204:15 207:1
216:15 218:6
233:22
mere 239:18
Merritt 107:5
109:24 134:23
Mesa 142:7
178:4,6
met 167:16
252:23
Michael
221:21
mind 169:1,3
187:17
mine 172:25
minute 118:14
minutes
165:17 204:11
Mischaracteriz
es 123:3
15
misquote
199:3
misquoting
199:1
mission 200:5
201:18
mobile 232:23
moment 193:22
217:4 222:6
monetary
146:20 159:22
161:17 163:1
money 113:9
126:20
127:10,16,20
128:16
129:19,20
131:6,15,20
134:2,11,18
148:2,4,17
149:3 150:12,
18,21 160:23
163:12
196:15,20,23
203:12
216:14,16,23
219:13 220:17
moneys 154:21
month 157:17
208:3,18
months 128:24
240:22 241:1,
2,16,17
Morgan 212:16
213:8 235:8
239:21
morning
106:14 110:19
178:15 182:5,
12 195:22
motive 191:17
250:10
motives
250:13
mouth 187:25
249:15,19
move 119:6
194:4
Denise DeMartini Vol Two
December 19, 2016
moved 182:13,
22 255:2,9
MSN 231:4
multiple
188:11
N
named 124:18
192:25 239:1
241:16,21,22
242:6
names 124:20
237:1
naming 108:6
251:11
naturally
182:25
necessarily
211:11 242:8
needed 111:15
139:12 143:3
210:14,17
236:20
negative
253:20
news 167:20
168:22 189:16
Nicholas
173:10
Nick 142:7,9
177:13,16
178:2,3,10
night 182:7
nineteen
116:21 123:13
non-profit
199:21,24
201:2 209:4
210:11 215:7
normal 132:9
Nos 106:6
not-for-profit
147:19 200:7
205:16
Notably
164:22
note 154:2
155:18,20
156:3,5
nother 197:9
number 137:12
146:10 159:14
183:15 208:2
224:15 236:6
numbers
146:11 208:13
220:22
numerous
239:15,16
248:12
0
O'BOYLE
131:20
136:12,15,18,
23 137:6,20,
21 138:9,14,
21,24 139:22
141:4,25
146:14 147:51
25 148:6,11
150:9110,15,
20 151:8,13,
19,25 152:9,
14,18,25
153:5,15,20
154:6,7,10,
16,22 157:14,
20 158:11
159:20 160:20
161:10,11,13
162:24
165:10,23
172:22 173:9,
17 176:20
177:3,9,18
178:7,11,16
179:3,7
180:1,18,25
182:2,21
183:12,19
185:6,12,19
187:8,18
188:4 192:6,
U.S. LEGAL SUPPORT
(561) 835-0220
M
9,12,16
196:15
204:18,21,22
205:9,10,18,
22 206:3,9,
13,15 207:13,
20 219:8
226:9 227:17,
18 229:8
234:7,9
237:7,9,13
241:13,14
242:11,12
245:19 246:5
247:16,18,19
248:15
249:21,22
250:2,3
252:14,17,19
254:14 255:14
257:10 258:2
O'Boyle's
132:1,23
133:2
O'CONNOR
235:9 239:21
O'HARE 173:10
206:17
226:17,18
227:3,7
235:13 239:22
252:22
object 124:10
215:18
Objection
107:19 123:2
124:11 127:3
133:1 137:8
140:20 142:12
148:7 160:10
161:22 162:9
168:10 170:10
192:18 194:2
211:13
objective
146:23
obligated
202:4
obtain 217:20
obtained
144:9,15
166:10 199:16
200:10 229:24
246:2
obtaining
197:25
obvious
209:11 210:2
occasion
177:19
occurred
193:25 238:1
252:10
occurrence
248:22,24
occurring
248:5
October
165:16,17
167:13 224:24
225:4,24
offended
204:3
offer 110:21
119:9,15
121:2,24
139:11 245:7
offered
117:24,25
118:2,7,15
146:19
office
117:21,23
120:12
122:11,18
126:7 151:20
152:3,4
155:10 179:5
182:23
186:19,22
196:2 215:23
229:18 239:7
241:6,11,12
244:23 254:22
255:2 259:4,6
Denise DeMartini Vol Two
December 19, 2016
officer
118:24 224:4
officers
239:8
offices 152:9
190:2,5,13,16
official
256:15
older 200:2
one's 193:17
ongoing 157:4
online 114:20
117:4,16
171:3
operated
164:3
operation
153:24
operations
136:11,13
137:2
opinion
200:20 242:14
254:9 257:23
opportunity
114:6 168:5
194:7 238:8
239:17
Oral 118:1
order 113:11
119:5 122:18
130:1 163:8
200:23
ordered
260:13
ordering
260:10
organization
200:7,8,18
201:2 202:3
outstanding
142:23
over- 179:16
overlooked
225:25 226:3
235:23,25
236:1,4,5
oversaw
181:20
overtime
216:10
overwhelming
155:6
owned 152:7,
15,17
ownership
150:14
0
p.m. 231:16
260:21
pad 155:18
156:3,5
pads 155:20
paid 118:20,
21 129:8,13,
14 149:18,23
152:13 153:24
154:17 166:2
180:11 204:6
215:23
Palm 199:18
202:6 203:5
paragraph
164:15,20
165:14 166:4
167:12 188:7,
8,9,21 189:8
191:16 212:8,
9 213:14
214:1,2,5
233:24 236:10
240:21
paraphrasing
191:17
parents
113:14 116:17
130:24 131:7,
15,17,19
133:25 134:12
part 115:5
145:5,21
148:24 154:21
155:1 170:1
U.S. LEGAL SUPPORT
(561) 835-0220
17
182:13,19
187:5 198:25
203:16,18
255:1
participated
214:16
particulars
180:23
partner
138:5,18,23
139:2,3 142:4
152:19,21
partnership
152:15,16,17
party 228:15
pass 120:1,19
122:17 123:1
195:12
passed
120:16,17
passing
245:24
past 160:5
pay 119:2
129:20 131:11
153:3,9
220:8,15
payable
153:15,19
154:6
paying 149:15
152:25 153:6
165:24
183:19,21
payment
220:18
payroll
109:15 222:23
pending
141:18
142:23,24,25
196:5 245:2
259:18
Pennsylvania
223:5
penny 146:19
147:11
people
115:20,24
165:5,6
166:17
170:11,19
173:4,5 175:8
200:3 203:21
204:1,5,7
208:24 209:6
210:10,14
215:3 237:11
238:24 239:1,
4,7,12,25
241:11,14
244:3,8
245:18,25
246:16 247:4
248:3,18
249:1,16,23
252:14 258:7
people's
115:23
perfectly
201:24
performing
143:9 154:16
period 109:19
112:3 116:25
158:12 162:16
179:6,9
220:11 222:22
225:2 240:3
256:1,3,10
257:7,15,20
258:3
periodic
126:12
periodically
157:3 158:7
periods
158:2,7,9
257:11
perjury 254:6
permission
256:19
person 132:11
137:15 219:3
258:13,16,19
Denise DeMartini Vol Two
December 19, 2016
personal
107:21 108:8
120:3 156:15
168:1 180:3,
5,17 200:19
209:18,24
210:15 214:17
231:4 233:2
personally
123:24 129:20
133:18 144:7
148:17 169:23
173:7 191:11
192:22,25
194:15,17,21
195:1,6 206:2
207:18
214:11,21
215:2,15
227:21
238:16,18,22
259:2,6
persons 235:3
pertained
229:10
pet 180:17
phone 116:23
123:7,8,9
128:8,12,13
183:3 221:17,
18 233:2,6
pick 217:7,20
218:2
picked 217:19
pike 241:3
pissed 172:21
place 229:20,
22
plain 167:22
168:19 188:22
plaintiff
164:24 166:9,
25 192:4
214:9
plaintiffs
166:6
plan 108:21
110:5 130:19
147:22
point 129:4,
14 162:5,22
168:15 205:21
239:13 240:3
241:22 244:13
pointed
171:17
pointing
171:15
Police 245:6
policies
178:7,11
policy
111:10,23,25
147:13,15
256:11,15,20
polygraph
120:18 121:19
portion
129:15
position
108:25 109:6,
16 110:12
117:8,24,25
118:2 138:8,
12 140:16
150:14 151:1
215:22 245:8
positions
244:1,4
possibly
165:12 229:23
precise 161:6
presence
205:15
249:13,17
present
176:20 190:23
212:25 213:2,
23 239:23
247:20
presented
143:8 146:12
177:2
presenting
204:8
U.S. LEGAL SUPPORT
(561) 835-0220
18
presently
223:16
president
136:6 152:19
pressured
208:17,20
pressuring
209:5 211:4
pretty 113:23
157:9 248:2
249:8,10
prevented
113:6 114:1,3
previously
139:19 202:25
215:17 236:19
246:11 252:2
primarily
256:16
primary
191:17 250:9
252:12
prior 155:3
212:9 231:10
232:8
priority
157:24
prison 201:2
privilege
255:17
privileged
141:13 142:13
privy 150:25
219:1
problem 174:3
201:15,22
202:10
203:10,12
problems
108:5,8
procedure
172:14
process 118:5
119:6 145:21
157:18
produce
230:23
produced
144:2 230:14,
20
producing
230:22
production
145:6,8
230:20
professionally
210:16
profit 124:17
161:10 215:8
program
122:10,21,23
progression
183:8
project
180:18
promised
208:12
promises
221:25
promoted
182:24
proof 249:10
254:11
proper 170:19
200:17,22
205:18
proposal
147:6
proposed
143:13 144:21
145:14,23
146:17 176:21
177:20
prosecuted
243:17
Prosecution
212:10
proud 173:24
174:1 175:12
proven 250:15
provide 146:2
202:4,8
224:16 225:4
238:7
Denise DeMartini Vol Two
December 19, 2016
provided
120:4 138:2
144:4,6 145:1
146:1 147:4
164:8 177:10
psyche 120:23
121:21
public
139:15,21
142:23 143:21
144:8,16
145:12 159:21
161:12 162:25
163:25 166:7
167:20,25
172:23 174:11
192:11 196:6,
9 199:4
200:11,12,13,
24 201:5,13,
20,25 202:5,
12,19,24
203:17 204:2,
8 209:2
210:10,23
215:5 217:3,
5,10 218:1
239:23
249:22,23
256:4,12,25
258:8
publicly
228:10 241:2,
4 247:24
253:13
pull 163:7
pulled 123:23
purely 254:9
purpose
124:17 145:11
160:21 163:16
purposely
175:8
purposes
135:8 222:4
pursuant
217:12
pushing
137:16 208:1
put 114:8
128:5 145:18
148:17 150:12
167:5 168:12
182:24 212:21
226:5 235:8,
16 259:23
putting
156:11 187:25
219:13
6
qualified
179:21
qualify 111:2
question
108:3 114:24
116:2 122:15
131:23
132:15,17
141:8,10,15,
19 146:11,24
149:21 150:5
159:6 160:15,
16 161:5,25
162:4,13,20
167:11 168:14
170:8,16,20
174:4 178:21
180:22 188:3
202:11 203:2
206:14 210:7,
9 212:15
219:4 220:25
231:18,23
244:14,15
257:13,24
258:11
questionnaires
120:4
questions
106:15,16
108:22 116:10
125:15 132:9
135:13,20
U.S. LEGAL SUPPORT
(561) 835-0220
19
139:14 147:23
152:23 157:8
159:17 176:6,
17 182:10,12
183:9 187:7
188:1 189:5
194:7 195:11
204:11,16
205:24 218:5
222:5 255:22
259:15,16
Quickbooks
151:16
quota 208:2,9
quote 119:9
121:2 136:19
138:18 170:1,
5 188:22
R
Racketeer
226:11 235:6
racketeering
123:25 124:4,
8,13 194:22
242:17,18
248:2
Rader 226:18
227:10,11,13
235:13 239:22
raise 117:11
raising
132:12
range 200:2
reach 169:6
242:15
read 141:17
143:6 165:20
167:5,7 168:5
212:20 214:4
226:14 228:24
229:3,17
232:2 233:17
236:15,22
252:13 259:24
260:7,8
reading
208:25 212:23
213:5
reads 141:18
ready 122:4
217:7,19
Realty 111:18
113:12 127:14
131:3 148:18,
21 149:3,19,
23 150:3,18
151:1,18
152:7 154:18
155:2 157:23
180:1,16,20
181:1,6,9
182:14,20
185:20,24
187:4,9,16
222:18 223:4,
10,16,22
225:9 229:25
230:5 253:7
254:17 255:12
Realty/
commerce
184:3
reason 186:12
201:10 215:9
218:2 221:4
225:22
235:16,24
236:3 238:15,
17 253:23
reasons
156:15
179:15,24
216:18 258:6
recall
111:11,14
112:18 115:3,
6 117:13
122:6 126:2,
17 129:1,2,3,
7 136:5,8
143:11 144:14
148:15 158:9
165:20 167:10
168:25 177:12
Denise DeMartini Vol Two
December 19, 2016
178:2,20
179:2,6,12
180:23,24
181:11 182:17
184:19 188:25
189:18 193:21
194:11 196:13
198:13,16
205:20,23
206:7,11
207:4,7,25
208:4,8,21
213:3 217:2,
21 219:11,24
222:25 224:23
227:1 228:19
229:2 230:3,
22 233:20,21,
23 234:23
236:10,17
237:12 238:6
247:9,10,12
252:16,19,22
259:4,13
receive
122:12 201:13
229:14 259:7
received
111:8
receiving
233:1
recently
128:18
recess 176:14
recollect
198:5,7
219:17,18
recollection
111:16 197:18
217:17
reconcile
145:22 199:20
reconsider
217:15
record 144:8,
15 149:22
196:10 212:22
222:2,3
259:23 260:6
recorded
153:8,12
records
127:12 128:14
129:17 130:3,
4,5,7,9
134:3,5,7,8
139:21 142:23
143:22
144:16,25
145:6,12,23
146:8 147:4
149:2 150:6,7
158:14 159:21
161:12 162:25
163:25 166:7
167:25 172:23
174:11 176:25
192:11 196:7
199:5 200:13,
24 201:5,7,
14,20,25
202:1,5,12,
20,24 203:11,
17 204:2,8
209:2 210:10,
24 215:5
217:3,6,10,
11,19 218:1,3
249:22,23
256:4,12,25
258:9
recoup 143:20
145:18 164:1
200:23
recovered
144:23
red 117:11
REDIRECT
255:23
refer 111:17
136:18 188:11
reference
164:18 188:23
237:21,24
238:11 250:6
referenced
U.S. LEGAL SUPPORT
(561) 835-0220
El
164:5
references
120:3 121:11
referred
164:19
169:13,19,21
referring
114:2 130:6
143:18 165:15
168:20 171:4
187:13 192:10
193:1 238:12
247:18
reflected
235:10
refresh
111:15
refused 179:7
regard 169:7
registered
223:7
regular 111:5
rejected
114:6 115:1
related
131:16 142:19
151:24 152:25
176:18 178:7
180:14,20
161:1,13
182:2,19,20
189:5
relates
167:12 174:9
176:6 178:12
relation
184:21 187:16
relationship
136:22
relevant
107:22
relied 146:7,
9
relying
174:10
remain 110:10
224:4
(remember
109:6 118:22
126:8 129:14
131:12 144:18
152:22 165:13
169:4,17
178:1 194:5
198:6,10,11
207:9,12,23
222:23 223:3
241:20
248:14,20
remotely
254:18,21
255:4,12,17
rent 153:1,22
repeat 132:17
135:16 162:10
187:5
repeated
252:4 254:14
report 146:5
158:15 163:7
218:18
reported
247:7
reporter
132:17 141:18
212:21
260:12,16
reporting
157:20
158:16,20,24
reports
146:13
160:19,21
177:10 196:1
represent
106:11 195:20
222:13
representative
141:10
represented
184:20 225:12
representing
140:25
reputation
191:16 243:19
Denise DeMartini Vol Two
December 19, 2016
249:25 252:1
request
127:23 128:10
143:22 145:12
151:7 178:25
200:14 201:5,
20,25 202:7
203:17
217:10,12
218:1 224:15
234:15 235:2
236:7 255:6
requested
143:21 145:7,
13 202:1,25
218:3
requesting
147:17 225:6
requests
128:2,5
130:5,9
142:24 151:10
172:23 196:7,
10 199:5
200:24
202:12,24
204:3,8
210:10 215:6
217:3,6
230:19
249:22,23
256:4,12,25
258:9
reread 166:23
236:20,22
research
114:18 115.5
190:19
researched
114:17 187:3,
15
reserve
259:17
resident
135:14,18
residing
107:4
resign 164:10
218:10
resignation
184:7 257:16
258:22 259:10
resigned
218:12 219:3
256:2 258:24
resigns
256:24 257:25
resolution
161:11
resources
119:10
respect
257:13,24
respond
115:13
response
137:13 139:13
161:4 169:9
180:22 182:9,
11 187:9
191:3 204:16
230:19 235:2,
7 236:7
243:24
responses
224:13 234:15
responsibiliti
es 139:1
responsibility
182:24 183:7,
8
result 107:23
108:5 125:10
results
157:14
retained
226:8
retaliating
172:20
retaliatory
172:19
return 232:20
254:20
returned
U.S. LEGAL SUPPORT
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120:7
returning
232:9
returns
220:18,21,25
221:3 222:1
revengeful
172:21
reverted
135:10
review 118:1
144:5
reviewed
126:9 160:25
236:11
reviewing
163:9 234:23
Richman
106:11 166:6
167:13,16,19
168:2,4,18
169:13,18,25
188:12,18
189:8,24
190:1,8,20
191:5,9
192:21
194:16,21
195:1,6
212:10,11
Richman's
189:4 191:17,
25
RICO 107:23
108:5 113:12
114:9,10
115:19 116:5,
10 123:11,17
125:10 128:19
131:16 135:13
169:8 171:3
173:14 185:15
189:6 191:22,
24 195:2
212:16,17
214:9,12,17
235:7 237:21
240:1,6,15,
21
16,23
rid 155:22
rights 174:5,
9
Ring 139:20
142:7 165:12
184:12,14
205:6 241:13
248:16 257:21
rings 208:5,6
risk 186:6
road 174:14
Robert 222:13
rocket 171:5
role 133:14,
15,18 138:23
140:12 143:25
ruin 172:24
ruined 113:8,
15 116:5
run 146:5
146:17 151:10
175:7
running
151:12 248:17
249:15,18
Russell 120:9
125:22 127:8
184:13,24
185:1
Ryan 137:22
138:17,22
142:4
S
sadly 174:12
safe 248:2
sake 156:12
salaries
153:21
salary 118:22
149:12 183:11
Santina
125:24
sat 121:21
Denise DeMartini Vol Two
December 19, 2016
save 212:20
saved 231:24
saves 204:11
savings 135:9
scant 164:23
school 109:4,
22 118:25
122:5,6
schooling
119:1,7
scientist
171:5
scope 108:1
Scott 212:18
213:7 235:8
239:21
search 117:19
secret
166:11,15
secretary
136:3,4
sector 139:15
seeking
116:25
self-insurance
110:8
self -reporting
155:4
send 118:24
120:4,6,8
127:23 128:4
159:3,12
184:8,11
201:25 205:7,
10 231:25
sending
137:6,14
232:6
separate
111:5 148:25
separated
106:25 107:3,
17,24
September
109:7,16,17
110:11 118:25
119:3,4,7
131:18
septic 108:19
served 225:24
server 231:7
232:3,5,7
233:9,10,13
services
200:2 203:15
serving
162:22 225:4
set 120:23
122:4 126:3
151:13 224:14
234:16
settle 145:9
196:21 197:6,
21 198:15,18
219:21
settled
126:14 159:21
196:16
198:14,17
settlement
142:24 143:1,
2,9,14,23
144:21 145:4,
5,22 146:17,
19 147:6
159:22 160:24
161:1,18
176:21 177:20
219:21 228:7,
8 242:2 246:3
settlements
145:14 163:10
176:19 177:8
204:15 219:20
settling
139:24 140:4,
12 141:23
142:20 161:14
162:25 178:8,
12 220:1
setup 153:10,
24 157:19
seventeen
129:16
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shared 237:18
sharing
129:24
she'd 167:5
she'll 132:9
sheet 260:3
shelter 202:8
Sheriff's
117:21,23
120:12
122:11,18
215:23 244:22
shopping
181:4
short 158:7,
12
show 146:1
175:7 231:11
234:13
shown 195:22
sick 241:1
sickened
207:10
side 150:2,19
151:17
signature
224:18,19,21
234:21
similar 131:1
150:17 254:18
simple 167:22
168:19 188:22
simply 177:1
226:1
single 144:15
168:8 171:7
sir 117:24
196:13 201:23
207:24 230:13
sister 116:18
sister -in-laws
116:17
sit 129:7
133:7 165:20
167:1,8 168:7
191:4 193:8
198:7 201:9
207:22
sitting
126:25 127:5
144:12,14
166:25 206:7
situation
131:1 197:17
situations
197:6
sixteen
131:11
slander
190:10 229:7
slandered
243:11
slap 219:15
slips 155:16
slowly 212:15
smart 248:17
sneaky 258:21
snippets
166:17 207:2,
3
softwares
157:20
somebody's
229:18
son 207:20
226:9
son's 128:18
129:9
sort 122:12
sorts 138:22
sound 118:11
122:20 132:18
202:18 207:16
216:9
Sounds 157:9
South 123:18
125:20 245:11
255:3,8
space 151:20
152:3,5,6,11
153:4,23
speaking
141:11
Denise DeMartini Vol Two
December 19, 2016
speaks 237:2
special 122:9
specialist
108:17 109:2,
11
specific
133:13 144:18
208:2
specifically
106:16 115:9
142:20 178:14
179:12 186:21
187:3,15
207:12,23
225:21 226:25
228:17 233:21
237:1,21
238:10,11
239:19 246:6,
7,8 250:7,18
251:21
specificity
144:15
specifics
118:18
speculate
170:18
speculation
170:11,14
spend 112:16
158:5 186:21
spending
156:13,18,23
158:10 186:19
219:13
spent 130:2
149:23 155:7
156:6,14
157:21 158:2
204:20 205:2
spew 174:24,
25
spewed 174:23
spewing
189:15
spite 173:6
spoke 116:22
141:24 169:5
171:18 211:1
237:6 239:11
spouse 107:3
spouses
116:20
spreading
245:22
spreadsheet
195:24,25
196:11
spreadsheets
199:12
spring 179:4
Springs
134:25 182:8
standard
114:25
start 127:10
157:5,8 179:4
211:24
start-up
153:6
started
109:5,16
134:24 148:10
156:11,12
182:15 183:5
216:5 225:16
254:20
starters
199:23
starting
109:23 216:8
224:15
starts 195:22
214:2,6
state 108:14,
25 135:18
165:15 166:4
169:1,3
175:25 186:3,
11,25 187:10,
14 189:8,14
190:2,5,13,
16,24 191:16
200:6 203:20
215:7,8
226:24 233:25
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236:10 246:8
stated
212:18,19
227:14 228:17
246:6 250:20,
24 251:6
statement
164:8,19,23
166:9,18,22
167:3 168:13,
18 192:24
193:4 200:5
201:18 206:23
213:7,15
221:5 234:3
236:15
237:20,25
238:4 244:24
245:4,8,22
254:8
statements
188:11,17
190:1 226:13,
22 227:3,15,
19,24 226:2
233:15 234:1,
4 235:14,22
236:12,13
237:16 238:10
239:15,18,24
240:22 241:24
242:2 244:6,
10,19 245:13,
17 246:8,12,
14 247:15,23,
25 248:10,18
250:10
251:20,25
253:5,20
254:2
states 164:22
224:16
stating 218:7
225:10 237:19
250:19 251:2
status 186:25
187:13 196:3
statute 195:2
stay 113:14
182:7
stayed 111:12
staying
107:12,15
step 118:4,8
120:2,22
121:25
steps 120:11
stomach 241:1
stop 167:25
168:13 170:23
211:10
stopped 109:3
184:4 209:21
210:15,17
stopping
175:19
strategy
243:8
Stream
165:18,22
166:7 180:7
205:23 206:10
212:18
213:15,24
215:6 239:4
242:20,21
street 228:4
stretched
156:21
strict 256:20
strictly
220:18,23
strike 139:18
176:5 178:15
224:17 247:5
253:4
stuff 155:24
258:25
stupid 248:20
subject 185:9
submitted
146:18 159:17
substance
177:23 254:3
Denise DeMartini Vol Two
December 19, 2016
success
175:15
suddenly
144:18
sue 187:17
sued 133:18
192:3 196:6
200:8 203:17
214:24 215:2,
3,12
suggesting
137:6
suing 185:22,
24 253:25
254:1
suit 189:23
192:16
196:11,12
214:9,12,17
229:8 237:22
suits 192:8,
10
sum 129:3
summer
109:13,15
Sunbiz 224:6,
9
supposed
172:15 174:11
248:17
supposedly
183:25
surprised
248:14
surreptitiousl
y 166:10
surrounding
115:7
survive
113:11
Sweetapple
164:9 166:10,
16 222:13
226:7,13,21,
25 227:4,14,
23 228:17
233:25 234.4
236:8 237:20
240:21 242:11
243:3 244:6,
10,20,24
245:9,13,17,
18,23 246:12,
14 248:22,24
249:13,18
251:19,25
252:24
Sweetapple's
234:15 250:13
253:5
switched
111:13
sworn 164:8,
18,22 166:9,
18,21 167:3
206:24 236:15
237:20 238:4
system 109:22
146:22
151:13,15
157:19
T
table 143:3
Tacher 176:11
186:5,8 188:8
195:17,20
197:22 198:1
211:14,22
212:1,3,5,7
216:1,3
222:2,4
260:12
taking
127:10,16
151:20 152:3
216:14 243:8
talk 168:17
176:4 227:6
talked 185:8
238:3 259:9
talking
108:24 134:1
162:15,16
171:4 178:14
U.S. LEGAL SUPPORT
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190:9 192:11
197:22 231:12
240:2 247:14
248:3,9
249:20
tanks 108:19
targeting
207:20
242:11,13
task 165:23
179:22
tasks 156:7
205:2
taught 109:21
tax 220:18,
20,25 221:3
222:1
taxes 155:12
Taylor 173:10
177:13,16,20
178:10
teacher
109:10,12,20
110:12
teachers'
109:15
teaching
109:3
telling
174:18 184:9
199:8 202:23
241:7
ten 234:20,
21,24
tender 184:6
tenure 254:16
term 186:10
terminated
111:13 127:13
131:20 154:13
184:3 187:3
termination
185:19 187:2,
8,16
terms 118:6
141:22 144:20
145:24 159:5,
6 161:17
terrible
245:13,16
test 119:23
120:1,14,15,
16,18 121:8,
13,16 122:17
testified
110:16 116:5
118:14 125:12
128:9 130:1,
4,23 139:13,
19 144:20
148.20
149:18,22
150:9 154:15
158:13 168:18
176:19 180:2
182:9,11
183:11,14
184:2 187:6
191:2 222:15
225:15 228:21
235:12
236:14,19
246:11 253:19
testify
153:18
testifying
188:15
testimony
122:25 123:3
128:11 141:24
145:3 146:16
155:3 169:18,
24 182:17
testing
122:15
thing 169:2
174:2 219:17
226:19 248:1
things 118:9
121:3 129:18
130:2 138:22
170:19 175:3,
6,10 182:15
186:18 200:4
204:12 207:5,
Denise DeMartini Vol Two
December 19, 2016
10,13 209:16
211:3 218:8,
17,19,20
222:15
238:20,23
242:14,16
243:17 247:7
253:16 254:14
thinking
216:3 226:4
thirty 179:9
thought
110:18 128:9
130:4 152:11
186:6 211:15,
18
thoughts
218:6
thousands
113:13 126:23
130:24 133:24
three-hour
120:15
throat 222:5
throw 155:23
Tijerina
120:10 123:20
till 198:24
257:15
time 109:9,19
112:4,10,16
116:25 117:8
128:16 129:5,
22 131:5,14
137:12 145:4,
18 146:5,16,
21 149:16,19,
23 153:6
154:17 155:1,
3,4,7,15,16,
19,23 156:3,
6,10,11,13,19
157:12,13,21
158:3,5,8,10,
11,12 159:17
162:6,16,21,
22 164:2
165:15,25
166:5 169:1
179:4,6,20
182:14,15,19
184:2 186:19
189:4 195:11
197:10 198:22
199:11,13
204:20 205:2
217:10 219:8
220:10,12
221:23 222:22
225:4 226:6
236:23 240:3
248:6,25
249:12 255:1,
20 256:1,3,10
257:7,15,20
258:4 259:18
timeline
160:11
times 112:12
179:11 181:5
185:7 194:3,
10,11 200:8
216:19,25
217:5,18,22
246:7 248:12
257:11
title 224:8
today 129:7
144:14 160:11
166:25 167:1
168:7 191:4
193:9 198:7
201:9 206:8
207:22 224:1
235:12
told 114:12,
16 118:18
119:8,16
120:12 121:1
122:2,24
123:12 124:3
137:14
138:19,20
139:20 148:9,
11 154:5,9
165:3,4,6,7
166:15 168:22
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169:12 186:22
189:13,17
193:17,21,25
194:11 205:7
208:22 209:4
217:6 224:6,
10 226:12,21
228:16 234:6,
8,11 236:8,11
237:3,5,15,23
239:22 241:8,
10,13,14
245:20 246:6,
16 247:6,12,
13 249:18
252:14
tone 132:9
tonight
168:15
top 115:6
118:23 135:3
179:12
totally 173:2
175:7
tough 157:9
town 165:16,
18,23 205:23
206:9 213:15,
24 215:6
226:8 227:9
228:13 239:4
243:7 260:9
town's 224:14
243:25
track 119:7
155:17,19
156:3 157:12
205:1
tracking
149:3,6
150:18,21
trade 123:6
training
122:10,21,23
123:1 124:22
transcribed
259:25 260:1
transcript
226:14 228:24
229:1,5
233:18
236:13,20,25
237:3
transcription
260:4
transcripts
252:13
transfer
134:16,17
transferred
134:14
transition
155:2 182:18
Treasure
199:18
trial 194:8
true 124:5
139:8 160:9
162:8 163:15,
18 166:22
167:3 168:9
173:23 208:16
250:16
trumpet
129:13
trust 125:19,
23,25 126:1,
10,13,21
127:6,11,16,
19,21 128:10,
17 129:4,8,11
130:3,10,14
131:1 160:15
trustee
125:20,21
127:8
truth 174:19
truthfully
115:13
turn 164:13
232:9,14
turning
232:12
TV 247:1
Denise DeMartini Vol Two
December 19, 2016
twenty. 204:11
twenty-two
254:16
type 108:20
113:6 114:1
122:9
typically
140:18
typing 120:16
121:16
LEI
U.S. 128:5
Uh-huh 123:15
158:23 161:16
197:3 225:18
251:14
ultimate
175:17,21
ultimately
144:2 199:15,
16
uncles
116:19,20
understand
112:21 113:21
116:2 143:1,6
151:23 152:5
155:2,3 156:2
160:14,16,21
172:14,15
194:9 197:1
199:8 204:1,5
206:14 208:24
209:6,17
210:9,18,19
211:8,12
215:3 236:3
254:13
understanding
108:24
124:12,15
169:5 175:2
186:24 240:15
246:22 250:3
254:21
understands
190:14
understood
256:9,21
257:6,19
undertake
163:13
unfair
172:12,18
unflattering
207:5
unhappy
185:18
unnecessary
173:2
unpackage
113:25
unproven
238:21
unreasonable
255:6
untrue 175:10
207:5,11,13,
19 208:10
218:8 243:17
unwilling
186:20
updates 138:3
upset 204:7
207:14,18
219:8,12
upsetting
207:21
usurping
258:7
uttered 191:6
193:3
1i
vacation
111:2
variations
196:24 197:1
varied 157:16
vein 199:7
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Venice 201:6,
12
verbal 119:11
verbalize
207:8
verbally
126:7
verbiage
119:9 237:4
verification
224:19
verify 177:1
versus 109:10
157:12,13
video 167:20
violated
195:1
violating
226:11 235:6
violations
194:22
vision 110:4
111:9
visit 107:11
visitation
107:9 221:14
voice 132:12
voted 180:6
voting 212:17
W
waited 232:19
waive 260:7
walking 207:9
wanted 113:7
114:2 116:8
120:3 130:8
139:9,14
143:24
144:22,25
145:12,19
156:21 184:9
218:16,20
257:9
wanting
218:24
26
Wantman 166:8
195:21
212:10,12
213:6,11,23
214:10,16
Wantman's
214:3
watching
246:25
water 113:14
ways 113:5
wayside
157:25
week 122:4
137:7 156:24,
25 157:1,16
186:22 208:3,
18 216:6,7
255:7
weekly 159:9
weeks 107:2,
18
Wendy 120:9
123:20 124:21
125:5
why's 179:13
180:24
wide 200:2
win 197:7,18,
20
wire 134:15
withdraw
219:19
Witmer 137:22
138:17,23
142:4
witnessed
226:19
witnesses
195:12
won 197:8,11,
23 198:2,3,8
word 190:22
214:2
words 156:17
187:25 214:3
Denise DeMartini Vol Two
December 19, 2016
work 108:20
109:10 117:3
122:18
137:15,17
139:7,10
154:16 155:1
173:24 175:12
179:19 180:13
181:6,9
182:18 183:1
184:4 204:20
205:18 206:4,
8 216:6
220:11,18,23
244:13 254:18
255:1,3,7,17
worked 126:7
159:6,14
175:14 179:7
180:6 229:24
254:22 255:2,
12
working
108:25
109:10,20
110:15 111:1
127:17 136:14
149:23 155:7
156:6 157:12,
13 158:3,5,11
179:4 182:13,
15 183:1
206:3 216:16,
20 220:10
225:16 226:2
231:13 239:7
243:6 254:20
256:22
works 108:14
world 170:4
172:25 174:2
worth 117:8
204:11
wound 135:11
wrap 142:25
wrapping
142:22 176:7
write 156:5
244:4
written
119:13 120:4
127:23 128:1,
10 154:1
wrong 173:19
187:20,22
188:4
wrongful
187:1,8
wrote 137:5,
18 138:1
218:8
T
year 109:5,8,
13,14,17
110:12 111:3
130:13 131:18
185:8 216:8
217:1 222:1
years 109:22
134:24 136:15
179:9 217:1
223:1 254:16
255:1
yelling
132:7,18
yesterday
182:6
Youtubed
168:24
U.S. LEGAL SUPPORT
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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
DENISE DEMARTINI,
Plaintiff,
V.
CASE NO.: 9: l6-cv-81371-BB
TOWN OF GULF STREAM, WANTMAN
GROUP, INC., RICHMAN GREER, P.A.,
GERALD F. RICHMAN, and ROBERT A.
SWEETAPPLE,
Defendants.
PLAINTIFF'S RESPONSES AND OBJECTIONS TO
GULF STREAM'S FIRST SET OF INTERROGATORIES
Pursuant to Rule 33 of the Federal Rules of Civil Procedure, Plaintiff Denise DeMartini
("Plaintiff) respectfully submits these responses and objections (the "Responses") to Defendant
Town of Gulf Stream's ("Gulf Stream') Interrogatories to Plaintiff (the "Interrogatories") as
follows:
GENERAL RESPONSES AND OBJECTIONS
Plaintiff reserves all objections with respect to the relevance, materiality, or
admissibility of all information provided in response to the Interrogatories.
2. Plaintiff objects to the Interrogatories to the extent that no relevant timeframe is
provided to otherwise limit the scope Of Plaintiffs responses. Unless otherwise agreed, Plaintiff
will limit her responses to information in existence from January 1, 2014 through the present
date.
DG50U7A LAW, P.A.
101 NE THIRD AVENUE, SURE 1500 • FORT LAUDERDALE, FL 33301
TELEPHONE (954) 603.1340
DEFENDANT'S
EXHIBIT
3. Plaintiff reserves the right to supplement and/or amend these responses and
objections or to supply additional documents at any time if further information becomes
available to Plaintiff in the course of her diligence inquiries, through discovery, or otherwise.
4. The foregoing General Responses and Objections shall be considered as made, to
the extent applicable, in response to each of the Document Requests as if the General Responses
and Objections were fully set forth in each specific response, even if such response also sets
forth specific objections.
INTERROGATORIES
1. State your full legal name, date of birth, Social Security number, Florida Driver's
License number, your present residential address, and your residential addresses for the past 10
years.
Denise Colombo DeMartini; January 2, 1961; 040-62-8289; FL Driver's License #C451-
160-61-502-0; Address: 2014 — Present, 345 Lake Point Place, Merritt Island, FI 32953; 2013 —
2014, 555 W Gateway, Merritt Island, Florida, 32952; 2007 — 2013, 112 Autumn Blaze Trail,
Williamston, SC, 29697.
Response:
2. State your total gross income for each year for the period from January 1, 2011,
through the current date:
2011 $
2012 $
2013 $
2014
$
.2015
$
2016
$
Figures for 2016 may be based on a forecast or projection.
Response:
2011 $36,090.00 2014 $82,988.52
2012 $52,680.00 2015 $33,594.22
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101 NE THIRD AVENUE, SUITE 1500 • FORT LAUDERDALE, F1.33301
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2013 $74,238.50 2016 $44,000.00 Est.
3. With respect to each item of damages that you claim in this matter (including,
without limitation, out-of-pocket expenses, compensatory damages, lost profits, loss of future
income, etc.), state the date that each item of damages was incurred, the amount of each such
item of damages, and the method used in deriving and calculating each such item of damages.
Response: As a result of Gulf Stream's retaliatory filing of the RICO lawsuit and various state
court counterclaims (many of which Gulf Stream never even bothered to serve Plaintiff or notify
Plaintiff of their existence), Plaintiff first lost employment with CRO Realty, Inc., a steady job
for more than 23 years at which Plaintiff had earned approximately $83,000.00 the year before.
Gulf Stream's allegations against Plaintiff and the publicity given to the matter by Gulf Stream's
agents/attomeys then caused Plaintiff to be unable to find subsequent employment as background
searches/reviews revealed a multitude of lawsuits filed by Gulf Stream (the majority of which
Plaintiff did not even know about) with spurious allegations. After 23 years of working for a
private employer, Plaintiff wanted to work in the public sector and attempted to obtain
employment with the Brevard Sheriffs Office — an employment position that would have
provided her not only with a steady salary.but also health/insurance benefits that Plaintiff
desperately needed at the time. Plaintiff made it through a multi -month screening process but
was ultimately rejected at the last minute due to the existence of Gulf Stream's lawsuits against
Plaintiff. Plaintiff was thereafter unable to obtain employment at other govermnent employers as
she had been rejected for employment with the Brevard Sheriffs Office and each agency asked
whether she had been previously rejected. Plaintiff was forced instead to obtain employment
with her brother for approximately $14/hr and no health/insurance benefits.
Gulf Stream's actions caused Plaintiff to lose steady employment and to be unable to
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101 NE THIRD AVENUE, SUITE 1500 • FORT LAUDERDALE, FL 33301
TELEPHONE (954) 603-1340
obtain employment in the public sector — something that Plaintiff desperately wanted to do after
23 years with the same company. Plaintiff has not yet fully calculated her damages, but they
consist of the lost earnings for the remainder of Plaintiff's employable future, lost
health/insurance benefits (which are particularly crucial at this stage of Plaintiff's life), the
inability of Plaintiff to obtain employment in a field/sector that she wanted, and other financial
harm (including the fact that Plaintiff had to borrow money to pay bills, was frequently late in
paying bills as they came due, and Plaintiff was forced to deplete her children's college fund to
pay bills). At this time, Plaintiff intends to retain a damages expert to opine on the total damages
suffered by Plaintiff as a result of Gulf Stream's actions, but Plaintiff herself estimates such
damages to exceed $1 - $2 million (the value of Plaintiffs expected salary and benefits at the
Brevard Sheriffs Office until Plaintiff's expected retirement age).
4. If you seek damages in this matter for alleged intangible injuries, including
emotional distress, pain, and suffering, state the date you first began to suffer each such injury,
the specific conduct, communication, or circumstances which gave rise to each such injury, the
name and address of each witness with personal knowledge of each.such injury, and the name
and address of each witness with personal knowledge of any consultation, therapy, or treatment
for such injury, including any health care provider or member of the clergy.
Response: Plaintiff is not seeking damages in this matter for alleged intangible injuries.
5. With respect to each document that you rely upon to support any item of damages
being claimed in this matter (including, without limitation, out-of-pocket expenses,
compensatory damages, lost profits, loss of future income, intangible injuries, etc.), state the date,
the document was prepared or transmitted, the name of the document's author, the type of
document (e.g., tax return, bank statement, correspondence, memorandum, invoice, bill, receipt,
4
DESOUZA LAW, P.A.
101 NE THIRD AVENUE, SUITE 1500 • FORT LAUDERDALE, FL 33301
TELEPHONE (954) 603-1340
email, text message, etc.), the name of each recipient of the document, and the subject matter of
the document.
Response: Plaintiff will produce her recent W -2s from CRO Realty, Inc. in addition to her
correspondence with Brevard Sheriff's Office concerning a prospective employment position
therewith. Plaintiff intends to retain a damages expert to opine on the full extent of Plaintiffs
damages — at this time, Plaintiff believes her damages are supported by records reflecting
Plaintiffs prior salary and her lost employment opportunity with Brevard Sheriffs Office.
6. With respect to each communication by, on behalf of, or attributable to the Town
concerning an admission of liability in connection with any issue in this lawsuit, state the name
and address of each individual that participated in making the communication, the manner of the
comnunication (e.g., by e-mail, memo, letter, telephone call, placement of a sign, face-to-face
conversation, filing of a lawsuit, etc.), the name and address of each person who received the
communication, and the date, time, place, and substance of the communication.
Response: Plaintiff is not aware of any communication by, on behalf of, or attributable to Gulf
Stream in which Gulf Stream admits that it committed First Amendment retaliation against
Plaintiff.
7. With respect to your employment (whether as an employee or an independent
contractor) for the period from January 1, 2011, through the current date, provide the name,
address, telephone number, and email address.of each individual and each entity that employed
you, the dates associated with each such employment, the name, address, telephone number,
email address, and job title of each of your immediate supervisors, a detailed description of your
employment duties associated with each such employment, the monthly and annual salary,
wages, and other compensation associated with each such employment, and the name, address,
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DESOUZA LAW, P.A.
101 NE THIRD AVENUE, SUITE 1500 • FORT LAUDERDALE, FL 33301
TELEPHONE (954) 603-1340
and telephone number of the specific individual or identity that issued you such salary, wages,
and compensation.
Response:
(1) CRO Realty, Inc. Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442.
Telephone: 954-760-7713. Dates of employment: January 1, 2011 (goes back to 1984/1985) —
.lune 13, 2015. . Supervisor: Martin E. O'Boyle. Plaintiff held the position of
Administrator/paralegal during her employment with CRO Realty, Inc. Plaintiffs employment
duties with CRO Realty, Inc. included preparing tenant default letters, resolving tenant rent
disputes, monitoring local counsel for litigation of tenant matters, maintaining pleadings binders
for active litigations, calendaring and tracking litigation dates, managing other paralegals,
reporting financial information to the owner, approving construction and overhead expenditures
over budgets, supervising in-house property manager on key dates for new tenants, overseeing
tenant dispute issues, soliciting lending institutions for mortgages, ordering title insurance and
surveys, obtaining necessary estoppels and other tenant documents for closing, drafting closing
checklists, assisting with accounting, maintaining databases, managing office equipment
purchases, etc. Plaintiffs, salary from CRO Realty, Inc. from 2011 through the present date: .
2011 $36,090.00; 2012 $52,680.00; 2013 $74,238.50; 2014 $82,988.52; 2015 $ 33;594.22.
(2) I Love My Island, Inc. Address: 245 Crockett Blvd, Merritt Island, FL 32953. Telephone:'
321-536-2227. Dates of employment: 1/2016 — 8/2016.' Supervisor: Lou Colombo. Salary:
Started at $14/lir with no benefits — increased to $18.00/hr with no benefits. Plaintiff is
responsible for managing all accounts receivables and payables .and working directly with
outside CPA, overseeing donations and special events for fundraising,interviewing prospective
recipients seeking charitable assistance, applying for grants, working pari -time in the thrift store,
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DESOUZA LAW, P.A.
101 NE THIRD AVENUE, SUITE 1500 • FORT LAUDERDALE' FL 33301
TELEPHONE (954) 603-1340
maintaining customer database, etc.
8. With respect to each entity that employed you as a volunteer (e.g., without the
payment of a salary or wages) for the period from January 1, 2011, through the current date,
provide the name, address, telephone number, and email address of each such entity, the dates
associated with each such employment, the name, address, telephone number, email address, and
job title of each of your immediate supervisors, a detailed description of your employment duties
associated with each such employment, a detailed description of the compensation and benefits
associated with each such employment (e.g., other than a salary or wages), and the name,
address, and telephone number of the specific individual or identity that issued or provided you
with such compensation and benefits.
Response:
(1) January 2014 - Present— Citizens Awareness Foundation, Inc. (CAFI), 1280 West Newport
Center Drive, Deerfield Beach, FL 33442, info cr CitizensAwarenessFoundation.org. From
January 2014 — July 3, 2014, Plaintiff served as the treasurer of CAFI. On July 3, 2014, papers
were filed with Florida's Division of Corporations that named Plaintiff as CAFI's President and
a director. Plaintiff has never received any compensation for her volunteer service on behalf of
CAFI. Plaintiff attended certain CAFI meetings, oversaw CAFI accounting records, and may
have reviewed proposed public records requests and/or..lawsuits prior to their service/filing,
though Plaintiff does not specifically recall any request/lawsuit that she authorized to be
served/filed. Although Plaintiff is still listed as CAFI's President and a director on Sunbiz.org,
she has not had any involvement in CAR'S business/affairs since June 2015.
(2) 2011 - 2013 - South Carolina Appointed Guardian Ad Litem for Children and Family
Services in Anderson County, South Carolina (Plaintiff does not have contact information for
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TELEPHONE (954) 603-1340
I
this volunteer service). Plaintiffs responsibilities included getting to know the child and
everyone involved in the child's life. including family, teachers, doctors, social workers and
others., gathering information about the child and what the Child needs, making recommendations
to the court help the judge make an informed decision about a. child's future and provided a
stable presence in a child's life, remaining on each case until the child finds a safe, permanent
home, and appearing with counsel to testify in Family Court to bridge the gap and tell the judge
what children want, without children having to experience the trauma of a courtroom setting.
(3) 2007-2013 - Member of Central Presbyterian Church in Anderson, SC (1404 N. Boulevard,
Anderson, SC 29621, (864) 226-3468) and served on several committees, including but not
limited to the Missions Committee, Kitchen Committee, Saturday Servants (feeding the local
homeless population).
(4) 2007 — 2010 — Volunteer Interviewer at Anderson Interfaith Ministries (AIM) (1202 S
Murray Ave, Anderson, SC 29624, (864) 226-2273). Churches and charities in Anderson
County partnered together to create Interfaith Ministries. They offer a wide range of support to
the less fortunate, and can refer people to the Manna Food program, help with savings from
Individual Development Accounts, and much more. All clients of AIM will need to agree to
other guidance and support as they work toward independence and. self-sufficiency. This is a
requirement as the assistance is offered as a hand up and not a hand out, so application
conditions need to be met I was an interviewer and application taker and made determinations
of qualifications. AIM helped with medical bills, food bank, help with electric bills for heat
assistance and other public assistance.
9. With respect to each communication and each activity that you contend was
protected by the First Amendment and which forms the basis of your claims against the Town in
8
DESOUZA LAW, P.A.
101 NE THIRD AVENUE, SUITE 1500 • FORT LAUDERDALE, FL 33301
TELEPHONE (9541603-1340
this matter ("Protected Conduct"), state the date, time, and location of each example of Protected
Conduct at issue, describe each example of Protected Conduct in detail, and provide the name,
address, telephone number, and email address of each individual with personal knowledge of the
Protected Conduct. If the Protected Conduct involves a communication, describe the manner in
which the communication was transmitted (e.g., e-mail, memo, letter, telephone call, placement
of a sign, face-to-face conversation, filing of a lawsuit, etc.),, and the substance of the
communication in detail.
Response: Plaintiff engaged in Protected Conduct by associating with CAFI from January 2014
until June 2015 when Plaintiff ceased her employment with CRO Realty, Inc. and has had no
further role with CAFI (other than still being listed as its President and a director on Sunbiz.org).
Plaintiff cannot identify "each" communication and "each" activity that constitutes Protected
Activity as the entire propose of CAFI is/was to engage in Protected Activity by educating the
public on the right of access to public records and taking legal action when necessary to enforce
the public's right of access to.public records and public meetings. All volunteer work performed
by Plaintiff on behalf of CAFI over 18 months constituted Protected Activity — Plaintiff
discussed public agency compliance with records requests with the other officers/directors of
CAM, discussed prospective and pending lawsuits filed as a result of the failure of public
agencies to comply with their obligations under Chapter 119, and generally worked to further
CAFI's goal of educating the public on public records and holding offending agencies
accountable for failing to comply with their obligations. Plaintiff therefore cannot identify
"each" communication and "each" activity constituting Protected Activity.
Further, as alleged in the Complaint, it is clear that Gulf Stream apparently believed that
Plaintiff was engaged in Protected Activity given Plaintiffs inclusion as a defendant in the RICO
9
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101 NE THIRD AVENUE, SUITE 1500 • FORT LAUDERDALE, FL 33301
TELEPHONE (954) 603-1340
lawsuit and various state court counterclaims. According to Gulf Stream, Plaintiff was one of
the masterminds behind an alleged scheme to send public. records requests and file corresponding
public records lawsuits (activity that is clearly protected by the First Amendment). Gulf Stream
certainly perceived that Plaintiff was engaged in Protected Activity.
10. For each occasion on which you claim your constitutional rights were violated in
this matter, provide the name, address, and telephone number of each individual that participated
in the alleged conduct, the date, time, and location of the alleged conduct, the name, address, and
telephone of each individual that witnessed the alleged conduct, a detailed description of the
conduct, and the specific manner in which you were adversely effected by the conduct.
Response: 10/10/2014 — Town of Gulf Stream Regular Meeting and Public Hearing — Scott
W. Morgan, Robert W. Ganger, Joan K. Orthwein, Thomas M. Stanley, Donna S. White, Gerald
Richman, Esq. — witnessed by all in attendance at the town meeting (including Christopher
O'Hare) — Gulf Stream's commissioners unanimously approved the filing of the RICO lawsuit
against "individuals" (without specifying Plaintiffs name). Plaintiff' was adversely effected by
falsely and maliciously being accused as a palticipant/mastenrlind in a RICO `enterprise.'
1/13/2015 — Gulf Stream files counterclaim naming Plaintiff as a third party
defendant in Case No. 50 -2014 -CA -004474 — authorized by Scott W. Morgan, Robert W.
Ganger, Joan K. Orthwein, Thomas M. Stanley, Donna S. White, Robert Sweetapple, Esq. -
Plaintiff was adversely effected by falsely and maliciously being accused as participating in one
or more crimes and ultimately losing employment opportunities as described herein.
1/27/2.015 — Gulf Stream files counterclaim naming Plaintiff as a third party
defendant in Case No. 50 -2014 -CC -015050 — authorized by Scott W. Morgan, Robert W.
Ganger, Joan K. Orthwein, Thomas M. Stanley, Donna S. White, Robert Sweetapple, Esq. -
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DESOUZA LAW, P.A.
101 NE THIRD AVENUE, SUITE 1500 • FORT LAUDERDALE, FL 33301
TELEPHONE (954) 603-1340
Plaintiff was adversely effected by falsely and maliciously being accused as participating in one
or more crimes and ultimately losing employment opportunities as described herein.
2/12/2015 — The RICO Complaint is filed by Gulf Stream against Plaintiff and a
dozen others — authorized by Scott W. Morgan, Robert W. Ganger, Joan K. Orthwein, Thomas
M. Stanley, Donna S. White, Gerald Riclunan, Esq. — witnesses include any person with a
PACER account, anyone 'who read a multitude of press releases/media statements made by Gulf
Stream and its agents, and anyone in attendance at town meetings in which the RICO lawsuit
was discussed. Plaintiff was adversely effected by falsely and maliciously being accused as a
participant/mastermind in a RICO 'enterprise' and by the subsequent loss of employment with
CRO Realty, Inc. and other employment opportunities as described herein.
2/17/2015 — Gulf Stream files counterclaim naming Plaintiff as a third party
defendant in Case No. 50 -2014 -CC -012269 - authorized by Scott W. Morgan, Robert W.
Ganger, Joan K. Orthwein, Thomas M. Stanley, Donna S. White, Robert Sweetapple, Esq. -
Plaintiff was adversely effected by falsely and maliciously being accused as participating in one
or more crimes and ultimately losing employment opportunities as described herein.
2/17/2015 — Gulf Stream files counterclaim naming Plaintiff as a third party
defendant in Case. No. 50 -2014 -CC -012274 - authorized by Scott W. Morgan, Robert W.
Ganger, Joan K. Orthwein, Thomas M. Stanley, Donna S. White, Robert Sweetapple, Esq. -
Plaintiff was adversely effected by falsely and maliciously being accused as participating in one
or more crimes and ultimately losing employment opportunities as described herein.
5/27/2015 — Gulf Stream files counterclaim naming Plaintiff as a third party
defendant in Case No. 50 -2015 -CA -006067 - authorized by Scott W. Morgan, Robert W.
Ganger, Joan K. Orthwein, Thomas M. Stanley, Donna S. White, Robert Sweetapple, Esq. -
11
DESOUZA LAW, P.A.
101 NE THIRD AVENUE, SUITE 1500 - FORT LAUDERDALF, FI. 33301
TELEPHONE (954) 603-1340
Plaintiff was adversely effected by falsely and maliciously being accused as participating in one
or more crimes and ultimately losing employment opportunities -as described herein.
6/16/2015 — Gulf Stream files counterclaim naming Plaintiff as a third party
defendant in Case No. 50 -2015 -CA -006710 - authorized by 'Scott W. Morgan; Robert W.
Ganger, Joan K. Orthwein, Thomas M. Stanley, Donna S. White, Robert Sweetapple, Esq. -
Plaintiff was adversely effected by falsely and maliciously being accused as participating in one
or more crimes and ultimately losing employment opportunities as described herein.
10/21/2015 — Gulf Stream files counterclaim naming Plaintiff as a third party
defendant in Case No. 50 -2016 -CA -005437 authorized by. Scott W. Morgan, Robert W.
Ganger, Joan K. Orthwein, Thomas M. Stanley, Donna S. White, Robert Sweetapplc, Esq: -
Plaintiff was adversely effected by falsely and maliciously being accused as participating in one
or more crimes and ultimately losing employment opportunities as described herein.
1/18/2016 — Gulf Stream files counterclaim naming Plaintiff as a third patty
defendant in Case No. 50 -2016 -CC -001167 - authorized by Scott W. Morgan, Robert W.
Ganger, Joan K. Orthwein, Thomas M. Stanley, Donna S. White, Robert Sweetapplc, Esq. -
Plaintiff was adversely effected by falsely and maliciously being accused as participating in one
or more climes and ultimately losing employment opportunities as described herein.
11. With respect to each document that you rely. upon in establishing that your
constitutional rights were violated in this -matter, state the date the document was prepared -or
first transmitted, the name of the document's author, thel type of document (e.g., code .
Plaintiff does not know the exact dates many of these counterclaims were filed as Gulf Stream never
bothered to serve the majority of these lawsuits on Plaintiff. The filing dates'for these counterclaims is taken from
the Palm Beach Clerk's website.
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TELEPHONE (954) 603-1340
enforcement notice, notice to appear, invoice, receipt, bill, email, text message, etc.), the name of
each recipient of the document, and the subject matter of the document.
Response: See response to Interrogatory No. 10. There was a transcript prepared of the October
10, 2014 town meeting and the complaints/counterclaims in the above -referenced actions all
support Plaintiff's retaliation claim. Further, Plaintiff also relies on Judge Marra's May 17, 2016
Opinion and Order on Gulf Stream's Motion to Dismiss Second Amended Complaint in Case
No. 14-CV-81250-KAM (the subject matter of which Gulf Stream is familiar with), the minutes
of Gulf Stream's July 10, 2015 town meeting (discussing the dismissal of the RICO lawsuit),
August 9, 2016 deposition transcript of Rita Taylor in Case No. 2014 -CA -005628 (discussing
Gulf Stream concerns in responding to public records lawsuits), meeting minutes of July 8, 2016
town meeting (discussing dismissal of RICO lawsuit), May 18, 2016 deposition transcript of
Kelly Avery in Case No. 2014 -CA -006112 (discussing Gulf Stream concerns in responding to
public records lawsuits).
12. With respect to each communication which you attribute to any employee, agent,
official, or representative of the Town as evidence of an effort on the part of that individual to
violate.your constitutional rights in this matter, state the name of the individual to whom you
attribute the communication, the date, time, location, andmethod of the communication and, to
the extent known, the exact words and statements communicated at that time or, alternatively,
the general substance of each such communication.
Response: See response to Interrogatory No. 11. Plaintiff refers Gulf Stream to the statements
made by Scott Morgan.and other town commissioners at the October 10, 2014, July 10, 2015,
and July 8, 2016 town meetings regarding the filing of the RICO lawsuit and its subsequent
dismissal.
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101 NE THIRD AVENUE, SUITE 1500 - FORTLAUDERDALE, FL 33301
TELEPHONE (954) 603-1340
13. With respect to each act or omission which you attribute to any employee, agent,
official, or representative of the Town as evidence of an effort to violate your constitutional
rights in this matter, state the name of the individual to whom you attribute the act or omission,
the date, time, and location of the act or omission, and describe the conduct in detail.
Response: See response to Interrogatory Nos. 10 — 12.
14. State each fact that you rely upon in claiming that any communication, act, or
omission on the part of any individual identified in response to Interrogatory Nos. 12 and 13,
above, was motivated by an intent to violate the your constitutional rights.
Response: The mayor of Gulf Stream (Scott Morgan) and various other town commissioners
explicitly stated that the purpose of the RICO lawsuit and the various state court counterclaims
was to stop the sending of public records requests and the filing of public records lawsuits.
Further, Scott Morgan explicitly stated that, notwithstanding the dismissal of the RICO lawsuit,
Gulf Stream got exactly what it wanted — to shut down the filing of public records lawsuits
against Gulf Stream. Gulf Stream's pleadings in the RICO lawsuit and the various state court
lawsuits make clear that Gulf Stream perceived Plaintiff to be one of the purported masterminds
of these records requests/lawsuits.
15. Provide the date and time when you first became associated with Citizens
Awareness Foundation, Inc. ("CAFI"), each of the reasons that you first became associated
CAFI, each of the positions and offices you held while associated with CAFI, the dates that you
held each such position and office, a detailed description of your activities and each of your
duties while associated with CAN, a detailed description of the salary, wages, compensation,
And other benefits that you received in connection with your association with CAFI, and the
name, address, and telephone number of the specific individual or identity that issued you such
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DESOUZA LAW, P.A.
101 NE THIRD AVENUE, SUITE 1500 • FORT LAUDERDALE, FL 33301
TELEPHONE (954) 603-1140
salary, wages, compensation, and other benefits, and the dates on. which you received such
salary, wages, compensation, and other benefits.
Response: On January 27, 2014, corporate papers were filed for CAFI in which Plaintiff
was named as its treasurer. Plaintiff cannot recall if she was asked by someone (which could
have been William Ring, Martin O'Boyle, Brenda Russell, or someone else) to serve as CAFI's
treasurer or whether the documents were filed prior to Plaintiff being asked. On July 3, 2014
(following the resignation of Joel Chandler as CAFI's President and a director), corporate papers
were filed in which Plaintiff was named as CAFI's President and a director. Plaintiff does not
believe she was consulted prior to these papers being filed. See response to Interrogatory No. 8
regarding Plaintiff's job duties. Plaintiff did not receive any wages, salary, or benefits for her
volunteer service with CAFI.
16. Provide the date and time when you first became associated with Commerce
Realty Group, Inc. ("Commerce Realty"), each of the reasons that you first became associated
Commerce Realty, each of the positions and offices you held while associated with Commerce
Realty, the dates that you held each such position and office, a detailed description of your
activities and each of your duties while associated with Commerce Realty, a detailed description
of the salary, wages, compensation, and other benefits that you received in connection with your
association with Commerce Realty, and the name, address, and telephone number of the specific
individual or identity that issued you such salary, wages, compensation, and other benefits, and
the dates on which you received such salary, wages, compensation, and other benefits.
Response: Plaintiff does not recall the date she first became associated with Cormnerce Realty
Group, Inc. or the reasons wiry she was added as "secretary' for Commerce Realty Group, Inc.
Plaintiff does not recall any job duties/functions she performed for Commerce Realty Group, Inc.
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DESOUEA LAW, P.A.
101 NE THIRD AVLNUE, SUITE 1500 • FORT LAUDERDALE, FL 33301
TELEPHONE (954) 603-1340
and does not believe she ever received any compensation from Commerce Realty Group, Inc. or
for work perforated on its behalf.
17. Provide the date and time when you first became associated with CRO Realty,
Inc. ("CRO Realty"), each of the reasons that you first became associated CRO Realty, each of
the positions and offices you held while associated with CRO Realty, the dates that you held
each such position and office, a detailed description of your activities and each of your duties
while associated with CRO Realty, a detailed description of the salary, wages, compensation,
and other benefits that you received in connection with your association with CRO Realty, and
the name, address, and telephone number of the specific individual or identity that issued you
such salary, wages, compensation; and other benefits, and the dates on which you received such
salary, wages, compensation, and other benefits.
Response: Plaintiff first became employed by CRO Realty, Inc. in 1984 or 1985. Plaintiff
became associated with CRO Realty, Inc. because she needed employment at that time. Plaintiff
held the position of Administrator/paralegal during her employment with CRO Realty, Inc.
Plaintiffs employment duties with CRO Realty, Inc, included preparing tenant default letters,
resolving tenant rent disputes, monitoring local counsel for litigation of tenant matters,
maintaining pleadings binders for active litigations, calendaring and tracking litigation dates,
managing other paralegals, reporting financial information to the owner, approving construction
and overhead expenditures over budgets, supervising in-house property manager on key dates for
new tenants, overseeing tenant dispute issues, soliciting lending institutions for mortgages,
ordering title insurance and surveys, obtaining necessary estoppels and other tenant documents
for closing, drafting closing checklists, assisting with accounting, maintaining databases,
managing office equipment purchases, etc. Plaintiffs salary from CRO Realty,.lnc. from 2011
16
DESOUZA LAW, P.A.
101 NE THIRD AVENUE, SUITE 1500 • FORT LAUDERDALE, FL 33301
TELEPHONE (954) 603-1340
through the present date: 2011 $36,090.00; 2012 S52,680.00; 2013 574,238.50; 2014
$82,988.52; 2015 $ 33,594.22. Plaintiffs salary and other benefits were issued by CRO Realty,
. Inc., 1280 West Newport Center Drive; Deerfield Beach, FL 33442.
18: Please describe in detail your efforts to obtain employment since your
employment with CRO Realty ended including the name, address, telephone number, and :
website for all persons or entities from which you sought employment, whether you submitted an `
application, the date and means through which you submitted the application, whether you
participated in an interview, and the ultimate outcome of each effort to obtain employment. ,
Response: Plaintiff applied to approximately 97 different businesses/government agencies for
employment after her employment with CRO Realty was ended. Plaintiff will produce the e-
mail applications for each such employment position in response to Gulf Stream's document
requests in lieu of summarizing 97 different applications. In addition to the aforementioned c-'.
mail applications, Plaintiff also applied to various employers directly on such employer's
websites, but Plaintiff does not at this time recall specific employers/positions as no a -mail
confirmation was provided to Plaintiff. Plaintiff obtained interviews with the'City of Cape
Canaveral and the Brevard Sheriffs Office, but neither agency offered Plaintiff an employment
position. As described herein, Plaintiff instead was forced to take a job without benefits from her
brother.
Dated: October 27, 2016. DESOUZA LAW, P.A.
101 NE Third Avenue
Suite 1500
Fort Lauderdale, FL 33301
Telephone: (954) 603-1340
DDesouza e desouzalaw.com
By: /s/ Daniel DeSouza. Esq.
Daniel DeSouza, Esq.
17
DESOUZA LAW, P.A.
.. 101 NE THIRD AVENUE, SUITE 1500 • FORT LAUDERDALE, FL 33301
TELEPHONE (954) 603-1340
Florida Bar No.: 19291
I hereby certify that on October. 27, 2016, I served the foregoing document via e-mail on:
(1) Defendant Town of Gulf Stream at: HochmanRiambe.com and haill iambg.com; (2)
Defendant Robert Sweetapple at: ioshua.eoldstein(o)eskleeal.coIn barry.Dostman(a,cskleeal.com.
and Kalilauren.SinclairPcskleeal.com; (3) Defendant Wantman Group, Inc. at:
Robert.TacherQ,PetersonBemard.com: and (4) Defendants Richman Greer, P.A. and Gerald F.
Richman at: icoheniekersmith.com.
DESOUZA LAW, P.A.
By: /s/ Daniel DeSouza. Esq.
Daniel DeSouza, Esq.
18
DESOUZA LAW, P.A.
I OI NE 1'H IRD AVENUE, SUITE 1300 • FORT LAUDERDALE, FL 33301
TELEPHONE (954) 603.1340
II YERIFICATION
I, C kzd e C hereby attest that the answers to the foregoing
interroga cries are true and correct to the best of my knowledge and belief.
A1Tiant
The foregoing instrument was acknowledged before me, under oath, this ; day of
no IA— 2016 by'f�--'o- ise Pdigr-61 , who is_ersonally known to me or has produced
as identification.
V"
wry
RENEE C.SIMS NOTARY PUBLIC
MY COMMISSION # GO 072174 ,
4°• EXPIRES Au0ust7, 2017�QJ1�Q.
"tl7NuB dQ11N0tlry SWAN
Fritted Name of Notary Public
My Commission Expires:
4645-6222.3674, v, 1
19
DESOUZA LAW, PA
101 NE THUD AVENUE, SUITE 1500 - FORT LAUDERDALE, FL 33301
TELEPHONE (954) 603-1340
Executive Director
Citizens Awareness Foundation, Inc
TAVAM91IfrA=3LTIM!FgP1 A On.0 ra
660-4244 Cell
Office(888) 830-3769
On Apr 14, 2014, at 9:20 AM, Denise De Martini <ddemartini@commerce-aroup.com
wrote:
Thanks Joel.
A few questions and one comment.
Going forward, this list should be sent to Jon, me and Beth weekly. It is not necessary
to Include Ryan.
With regard to the list you sent last night, what does this list represent? I see It is old
and new but is the old since day one? Is this a complete history of all cases? Also,
please let me know what your agreement is with Marty with regard to the 100 a
month. Does that Include or exclude Jeff Gray, Jeff Frazier, Joel Chandler, etc.? Should
I only be counting the CAFI cases?
Deor4te De9f2u&oa
Commerce Group, Inc.
(954) 574-6862 Direct Line
(954) 360-7713 Corp. Office
(954) 360-0807Facsinrile
Einail. ddemartim g ommi r egrni omi
From: Joel Chandler rmaiita:inelchandler(ddbzen =warn sfo nidation ora]
Sent: Sunday, April 13, 2014 11:30 PM
To: Jonathan O'Boyle; Ryan Witmer
Cc: Denise De Martini
Subject: Updated Case Management Spreadsheet
Please.find attached an updated Case Management file. You will note there are 30 new
cases with links to the relevant videos or documents. As time permits, this week I will be
adding about 50 additional cases that are the result of an electronic audit/project that was
done in connection with publicly funded charter schools. The 50 or so additional cases have
identical facts: I made the PRR via email (using email tracking software), the emails were
opened and read, yetthe recipients have failed to either acknowledge the PRR or to produce
the records.
In addition to the charter school cases, I expect to have several more that are the result of a
project that Cathy Zollo is working on that relates to settlement agreements entered Into by
various public school districts. She has received a number of extraordinary demands for
payment. For example, Seminole County has demanded about $8,000 to produce the
records. She is'following up with each district seeking an itemization of the costs. There may
be as many as 30 such cases by weekQs end.
We are still awaiting the final results of the Sam Kharoba audit that is being done by Dylan
the Intern. We have about 360 emailed PRRs pending and I would expect about 50 cases
from that audit over the next couple of weeks.
The big news Is that the raw data from the State CFO®s office arrived. It contains most of
the original contracts for state vendors (somewhere on the order of 22,000 contracts). Of
course, not all of those will be ideal candidates since they do not all have FS 287.058
language. Conservatively, I would expect to unearth about 5,000 potential contracts with the
correct date range, contract value and public records language. Once I am able to mine the
data we should have more than enough contractor cases to keep us all busy for the
foreseeable future.
That said, including -the new cases that have been added to the Case Management file, we
should have somewhere around 100 new cases within 30 days.
I will be working from Lakeland tomorrow then headed to Tallahassee Tuesday for a press
conference with Barbara Petersen on Wednesday morning. Thursday IQII be in Sarasota to
meet with Cathy Zollo in the morning and for a public records summary judgment hearing in
the early afternoon. I®II be headed to Deerfield Beach Thursday afternoon and in the office
all day on Friday. In addition to reviewing cases I®d like to work with you to set up the
MallMerge functionality we discussed. That should radically streamline the drafting process
and eliminate some of the errors we#ve been getting.
Let me know if you have any questions.
Joel
From: Denise De Martini
To: Joel Chandler
Subject: RE: Updated Case Management Spreadsheet
Date: Monday, April 14, 2014 10:02:14 AM
Joel
Great! I think we should spend some time on the phone this week when convenient (evening are
good for me ® less busy) to discuss how your cases are moving along in the firm.
My involvement with the firm is primarily to get procedures/priorities/expectations in place for the
attorneys so that things run smoother. The firms priority is to keep up with the intake of cases so
we want you to run with it, no holding back, so we can properly staff up. Obviously there are going
to be bumps along the way but we can overcome)
Feel free to call me anytime during the day or night (til 10pm). If you want to schedule a day and
time now, just let me know, I will make myself available.
Deweje De9llai4
Commerce Croup, Inc
(954) 574-6862 Direct Line
(954) 360-7713 Corp. Office
(954) 360-0807 Facsimile
Entail. ddemartinir-commerce-grntrp cont
From: Joel Chandler[mailto:joelchandler@cidzensawarenessfoundadon.orgj
Sent: Monday, April 14, 2014 9:51 AM
To: Denise De Martini
Subject: Re: Updated Case Management Spreadsheet
The list includes all of the cases that I have given thus far. The 100 cases includes CAFI, Jeff
Gray, etc. I've worked with Jeff and others on getting cases. The only cases on the list are
those that I'm counting as my work. Clients that come to the firm apart from my efforts are
not on the list. The rational for this is solid but it might be easier to explain by phone rather
than by email. That's a conversation that l would be very happy to have.
At Marty's direction I've tried to maintain parity between the number of cases coming in and
the number of cases being filed. So, much of my time has been spent putting into place
things that will bring cases in on a regular basis moving forward (Jeff Gray, etc.).
By the way, I'm thrilled that you've gotten involved. Please feel free to ask any questions or
express concerns. At some point I'd like the opportunity to discuss why I've been doing
things the way that I have, how 1'd like to do things moving forward and to hear suggestions
from you and Bill.
Best regards,
Joel Chandler, DEFENDANTS
BMW
/,i//g-91,
From: D niw De Martini
To: loel Chandler
Subject RE: Cathy Zollo
Date: Monday, April 28, 2014 11:17:08 AM
Joel —
I am in the law meeting now and have been told that you have only provided 8 new cases for this
week. We were expecting a minimum of 25 a week.
Also, I know there have been some "throw backs" but I need an accurate reporting from you weekly
of new cases. Can you please provide me with the weekly history in a simple format (going back to
April 1st) of the number of cases being submitted to the firm.
Dea;se Deftmaw
Commerce Group, Inc.
(954) 574-6862 Direct Line
(954) 360-7713 Corp. Office
(954) 360-0807 Facsimile
Email• ddemartiniOcommerce-=gp cnm
From: Joel Chandler(mallto:joelchandler@dtlzensawarenessfoundation.org]
Sent: Monday, April 28, 2014 11:00 AM
To: Denise De Martini
Subject: Cathy Zollo
Denise,
Please find attached several files relating to Cathy Zollo's employment with the Foundation.
Her background: investigative newspaper reporter, licensed private investigator and an
adjunct professor of Journalism at Florida Gulf Coast University. She lives in Sarasota.
Over the next twelve months, Cathy will be investigating and writing about:
I School Resource Officers (SROs). We estimate there are over 1,000 SROs In Florida .
and preliminary research indicates public schools are a dumping ground for bad cops.
SROs are many more times likely to have serious Internal Affairs (IA) issues or
disciplinary histories than are other LEOS (Law Enforcement Officers). This will be a
yearlong series.
2. Hillsborough County School Board. Last year two young girls with disabilities died
while in the custody of the School Board. In the first instance, a seven year-old girl
(Bella Herrera) died on January 25, 2013. The School Board and the Superintendent
have claimed .in depositions that they did not learn about the death of the child until
November 1, 2013. We have leads that strongly suggest that they did know about the
DEPENDANT'S
EXHIBIT
',
more common, SROs are reluctant to share the fact that some badges are tarnished.
11. DAVID Demographics. DAVID (Driver and Vehicle Identification) is a database of DMV
records used by LEDs. Although there are explicit statutory restrictions on how the
data can be used, It is wildly abused. For example, many LEDs use DAVID as a
"personal dating service." We will do a survey of the demographics of DAVID access.
12. School Board Settlements. We suspect that many School Boards have entered into
settlement agreements for -Incidents that have gone unreported (like the two little
girls in Hillsborough County). We will review settlement agreements from every
school district statewide over the past three years.
Cathy will provide these -stories and the research to various media outlets around Florida.
She and I have lots of contacts with newspaper and TV reporters who would be thrilled to
get these stories.
In addition to the projects above, Cathy will also be doing smaller stories each week. The
point of this is to showcase why public records access matters and to insult us from being
cast as litigious villains. Barbara Petersen and I are concerned that if we don't do
meaningful advocacy it is likely that during next year's legislative session all of our litigation
will be used as an excuse to change the law in ways that would be bad for all of us.
Other Staff:
Dylan Bouscher (Dylan the Intern) will be leaving at the end of May. He'll be starting
another internship with a newspaper. I don't plan to replace him.
It has become obvious that I need to hire an administrative assistant. I've been peddling as
fast as I can and I need some help. Marty and I originally agreed to two staff members,
other than myself, one at $40K (I've filled that with Cathy Zollo) and one at $30K (unfilled).
I'd like to move forward with hiring admin support ASAP. Let me know if we need to
discuss that further.
Thanks,
Joel
From: Denim De Martini
To: 'Joel Chandler (iceirhandlerCrittrencawa n da ndat' 1"
Subject: Cases
Date: Friday, May 16, 2014 9:31:25 AM
Joel —According to the case management spreadsheet you sent me, I come up with the following
number of cases. Please let me know if this is correct and whether they include all your people (Jeff
Gray, etc.):
January 10 cases
Feb 25 cases
March 35 cases
April 90 cases
May thus far 51 cases
Commerce Group, Inc.
(954) 574-6862 Direct Line
(954) 360-7713 Corp. Office
(954) 360-0807 Faasimile
Email. ddemartinAkeommerce-graua.com
DEFENDANT'S
EXHIBrf
From: cerise De Martini
To: 'Joel Chandler finelchandlerra)="sawamn ssf d ton 1"
Subject: PRR Form
Date: Friday, May 16, 2014 105:28 PM
Please send me CAR'S form that is currently being used.
Obviously our meeting got put off today but Bill and I will be available next week when you are in the
office.
C7e*44e 5)4&4a4ure
Commerce Gronp, Inc.
(954) 574-6862 Direct Line
(954) 360-7713 Corp. Office
(954) 360-0807 Facsimile
Email: ddcmadMi&,comrrrerce-gror om
DEFENDANTS
6 EXHIBIT
6 1..
�ult9/� g
Thursday, July 21, 2016 at 3:2?:51 PM Eastern Daylight Time
subject: HE: Verified Complaint Templates
Date: Tuesday, May 27, 2014 at 10:26:34 AM Eastern Daylight Time
From: Denise De Martin)
To: Joel Chandler
Jeal —
Please all me to discuss. I am only looking for you to assist me with setting up the mechinics in excel for the
mail merge because you already have it done and I don't have the knowledge. I'm only looking for the
temp;ate.
7>eacie De"/hrairiw
Commerce Group, Inc.
(9S4) 574-6862 Direct Liue
(954) 360-7713 Corp. Office
(954) 360-0807 Faecimile
E-mail. • >{f1.PtBLJ xkCq oc nrmera&!-9OND.coM
From: Joel chandler (rnafto:joefu%andlerCac tizensa varenessfcundatiai.orgj
Sent- Monday, May 26, 2D1411:10 PFi
To: Dmis_ De Martini
Subject: Ve:i6ed Compla:ntTemp.ates
Denise,
After long consideration and a discussion with rrr/ attorney i've decided apt to provide any verified
complaints (templates or otherwise). According to my attorney doing so would constitute the
Unlicensed Practice of Law (UPL). simply put, a non -attorney may not draft legal instruments for
another person or entity unless he or she is doing so at the direction of a member of the Florida Bar.
Drafting complaints is something I was We to do before because I was either working Pro Se or in the
capacity as a paralegal. Unfortunately, that's not the case here.
I'm sorry that I didn't think about this more fully earlier last week. It would have saved me many hcurs
of work and avoided disappointing you
By the way, all of the new cases have been added to DropBox. The updated spreadsheet is attached.
Best regards,
Joel Chandler,
Executive Director
1286 West Newport Center Drive
Deerfield Beach, Florida 33442
(888) 830-3769 Office
(863) 660.4244 Cell
I -,lerra CititensA:varengssFoundaa on.ore
=DEFENDANrS App 27
From: Denise De Martini
To: "Mel Chandler (ioelchandlerL, cdtiznsawa nessroondadm o gE
Subject: This Week"s Cases
Date: Wednesday, May 28, 2014 8:36:03 PM
Joel — I didn't see anything yesterday or today for new cases for this week. Were there any?
De 4v Vefleut m
Commerce Group, Inc.
(954) 574-6862 Direct Line
(954) 360-7713 Corp. Office
(954) 360-0807 Facsimile
Email. ddenzartinikonynterce-gi-ot(ocotti
DEFENDANTS
EXHI R
From:
To:
Cc
Subject
Date:
Denise De Martini
"loel Chandler fl I hand r(a)ntimnmwa neuro undation oro)"
Jonathan O"Boyle
Vedfimtlon of Complaints
Wednesday, May 28, 2014 8:16:17 PM
Joel — I understand that we are back to you certifying the complaints before they are filed. I also
understand this requires a notary. Jon and I would like to discuss this procedure with you to better
understand your thoughts of doing it upfront whereas Jon thinks it can be done just as easily after
the filing.
Let me know your schedule.
Dew4e DeWlaztuti
Commerce Group, Inc.
(954) 574-6862 Direct Line
(954) 360-7713 Corp. Office
(954) 360-0807 Facsimile
Email. ddemartinincotnnterce-grot4n cont
EDEMFANDSFT
From: William Rino
To: 'Joel Chandler llnrlchandlnrOc bzmsawamn ccr dation 0 t"
Cc: William Rina
Subject: FW: CAFT - Important - Please see below
Date: Thursday, June 19, 2014 11:09:41 AM
Joel - see below -
William F. Ring
Real Estate & Development
Commerce Group, Inc.
1280 West Newport Center Drive
Deerfield Beach, FL 33442
954-570-3510(ph)
954-360-0807 (fax)
954-328-4383 (cell)
From: Denise De Martini
Sent: Thursday, June 19, 2014 10:40 AM
To: RTWEEL@jacksonkelly.com
Cc: William Ring
Subject CAFI
Bob -
Bill and I intend to resign from CAR and make the following replacements:
Kathleen Laca (Commerce Employee)
Peter DiLeo (he is a trusted friend and contractor we use)
Joel Chandler- we would like to have him as president and director.
Brenda Russell (Commerce Employee) will remain as a member.
Do you see any problem with this? If not, could you please send me the proper form to amend the
organizational documents. Thank you.
`jew4ile VeriGom4;
Commerce Gronp, Inc.
(954) 574-6862 Direct Line
(954) 360-7713 Corp. Office
(954) 360-0807 Facsimile
Entail. • ddernartinikeontmerce-grorrn•cnnt
EXHIBIT
V
!1(19111
From:
Rim Taylor
Sent time:
07/18/2014 08.40:02 AM
To:
Bill Thrasher
Subject:
FW: Public Records Request KC•I 14 dmed March 21, 2014
From: ddemartini@citizensawarenessfoundation.org[mailto:ddemartinl@citizensawarenessfoundatlon.orgl
Sent: Friday, July 38, 2014 8:12 AM
To: Rita Taylor
Subject: Public Records Request kC-114 dated March 21, 2014
Dear Ms. Taylor:
Please accept this Email as amending and relating the captioned Public Records Request, as follows:
Please provide copies of all government records which are available electronically and which are to or firm any members of the
Gulf Stream Police Department beginning on January I, 2013 through the date of this Request
Denise DeMartini
Citizens Awareness Foundation, Inc.
Email. ddemartini(aciiizensowarenesslnunrlolion.orL,
Emerr
L
From:
Denise De Munini<ddemuniniru@cummeree-gruup.com>
Sent time:
081012014 12 56 40 I'M
To:
Bill Thrasher
Subject'
FW RESPONSE(Cost Estimate) to REQUEST #760
Altachments:
GS 91159(PRR 760)dcposit_pdf
Mr. Thrasher - I received your email below and the attached. Before I could agree to your estimate, please provide the
following:
1. Why you are charging $39.23
2. Advise as to why the 15 minutes is not 30 minutes
3. The basis for your 5 hour calculation
4. How you will approach this task. It seems (based upon the above), that efficiency is not in the equation.
In addition, can you offer any suggestions on how the estimated cost may be reduced? As an example, if we changed the date
from January 1, 2012 to January 1, 2013, how would that effect the above 4 items?
Thank you for your kind assistance.
From: Bill Thrasher fmailto:bthrasher(@ciulf•stream.oraI
Sent: Thursday, July 31, 2014 5:02 PM
To: Records
Subject: GS X1159 (PRR 760)
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you
are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida
has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records
available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law,
e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do
not send electronic mail to this entity. Instead, contact this office by phone or in writing.
nMrfoarms
exraefr
11
40
Case 9:16-cv-81371-BB Document 10 Entered on FLSD Docket 08/02/2016 Page 1 of 23
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
DENISE DEMARTIM,
Plaintiff,
V.
CASE NO.: 9:16-cv-81371-BB
TOWN OF GULF STREAM, WANTMAN
GROUP, INC., RICHMAN GREER, P.A.,
GERALD F. RICHMAN, and ROBERT A.
S WEETAPPLE,
Defendants.
AMENDED COMPLAINT
Plaintiff Denise DeMartini (" ai tiff') sues Defendants Town of Gulf Stream ("Gulf
Stream'), Wantman Group, Inc. ("Wantman"), Richman Greer, P.A. ("Richman Greer'), Gerald
F. Richman ("Richman"), and Robert A. Sweetapple (" wet le) (collectively, the
"Defendants'), and alleges as follows:
Florida.
2.
THE PARTIES
Plaintiff is a citizen of the State of Florida who resides in Brevard County,
Gulf Stream is a municipality organized and existing under the laws of the State
of Florida with its principal headquarters in Palm Beach County, Florida.
3. Wantman is a Florida for profit corporation with its principal place of business
located in Palm Beach County, Florida.
4. Richman Greer is a Florida for profit professional corporation with its principal
place of business located in Miami -Dade County, Florida.
DESOUZA LAW, P.A.
101 NE THIRD AVENUE, SUITE 1500 • FORT LAUDERDALE, FL 33301
TELEPHONE (954) 603-1340
DENISEOD0115
DMIBIT
2
Case 9:16-cv-81371-BB Document 10 Entered on FLSD Docket 08/02/2016 Page 2 of 23
• 5. Richman is a citizen of the State of Florida who. upon information and belief
currently resides in Palm Beach County, Florida.
6. Sweetapple is a citizen of the State of Florida who, upon information and belief
currently resides in Palm Beach County, Florida.
JURISDICTION AND VENUE
7. This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331 because
Plaintiff has asserted a claim for First Amendment retaliation against Gulf Stream. This Court
has supplemental or pendant jurisdiction over Plaintiffs remaining claims pursuant to 28 U.S.C.
§1367 because such claims are so related to Plaintiff's federal claim that they form part of the
same case or controversy under Article III of the United States Constitution.
8. Venue is appropriate in this judicial district under 28 U.S.C. §1391(b)(1) because
• Defendants are residents of the State of Florida and at least one defendant is a resident of this
judicial district. Venue is also appropriate in this judicial district under 28 U.S.C. § 1391(b)(2)
because the events that gave rise to this complaint occurred in this district.
9. This Court has jurisdiction over Defendants because they (a) are residents of this
State; (b) operate a business in this State; (c) caused injury to Plaintiff in this State; (d) own real
property in this State; and (e) committed tortious acts in this State.
I. Plaintiff's Employment With CRO Realty, Inc.
10. From 1984 until approximately 1995 and thereafter from approximately 2003
until June 13, 2015, Plaintiff was employed by CRO Realty, Inc. as an administrator/paralegal.
CRO Realty, Inc. is a Pennsylvania corporation whose President/Chairman is Martin E. O'Boyle.
11. Although Plaintiffs employment duties necessarily evolved during this 23 -year
• DESOUZA LAW, P.A.
IDI NE THIRD AVENUE, SUITE 15W - FORT LAUDERDALE, FL 33301
TELEPHONE (954) 603-1340
DENISED00116
Case 9:16-cv-81371-BB Document 10 Entered on FLSD Docket 08/02/2016 Page 3 of 23
• period, the most relevant time period for purposes of this Complaint was from January 1, 2014
until the June 13, 2015 termination of Plaintiffs employment with CRO Realty, Inc.
12. During this period of time, Plaintiff generally functioned as an office
manager/administrator — she managed office personnel, assisted in the accounting department,
assisted with property management functions, and also served as a paralegal (Plaintiff earned a
Certificate of Paralegal Studies from Nova University in 1989).
13. In February 2014, The O'Boyle Law Firm, P.C., Inc. was registered with
Florida's Division of Corporations as a foreign for profit corporation with its principal place of
business at the same location as CRO Realty, Inc.
14. At the time, Florida's Division of Corporations listed Jonathan R. O'Boyle
(Martin E. O'Boyle's son) as a director/President of The O'Boyle Law Firm, P.C.
• 15. As part of her employment duties, Plaintiff was asked to provide consulting
services to this newly -established law firm. These duties included helping to setup an
accounting system, helping to hire an office manager, helping to establish internal systems, and
to provide paralegal assistance as needed.
16. Plaintiff was not paid additionally for these services but performed them
nonetheless as she was asked to do so by her employer (CRO Realty, Inc.).
H. Martin E. O'Boyle's Lawsuits Against Gulf Stream
17. Martin E. O'Boyle (CRO Realty, Inc.'s President/Chairman and Plaintiffs
ultimate supervisor until June 13, 2015) is a resident of Gulf Stream and a self -described
supporter of Florida's public records laws.
18. From approximately 2013 through the present date, Martin E. O'Boyle has filed
approximately 29 lawsuits against Gulf Stream for alleged violations of Florida's public records
• 3
DESOUZA LAW, P.A.
101 NE THIRD AVENUE, SUITE 1500 • FORT LAUDERDALE, FL 33301
TELEPHONE (954) 003-1340
DENISE000117
Case 9:16-cv-81371-BB Document 10 Entered on FLSD Docket 08/02/2016 Page 4 of 23
• laws and several lawsuits for alleged violations of his Constitutional rights.
19. In July 2013, Martin E. O'Boyle settled several of these lawsuits with Gulf
Stream through a non -confidential settlement agreement in which Gulf Stream agreed to pay him
$180,000.00 and issued him an apology letter.
20. Although Plaintiff worked for one of Mr. O'Boyle's companies (CRO Realty,
Inc.) during this period of time, she was not involved in the above-described lawsuits and/or the
underlying public records requests leading to such lawsuits.
21. To the extent Mr. O'Boyle and Gulf Stream had legal issues between each other,
Plaintiff had no involvement in these disputes other than as an office administrator responsible
for the general oversight of the CRO Realty, Inc. office or lending assistance as a paralegal
where needed.
• 22. During this period of time, Plaintiff did not file any lawsuits against any of the
Defendants, did not receive any compensation as a result of any lawsuits against any of the
Defendants, did not author any demand letters to any of the Defendants, and did not participate
in any strategic decision-making with respect to any such lawsuits.
III. Gulf Stream Hires Sweetapple as Special Counsel
23. On June 2, 2014, Gulf Stream's mayor (Scott Morgan) announced in a letter to
town residents that Gulf Stream had hired Sweetapple, an attorney with the law firm Sweetapple
Broeker & Varkas PL, to take a "firm stance" in defending various public records lawsuits filed
by Mr. O'Boyle and another town resident, Chris O'Hare.
24. Plaintiffs name is not mentioned anywhere in Mr. Morgan's June 2, 2014 letter.
25. Although he was purportedly hived to defend Mr. O'Boyle and Mr. O'Hare's
lawsuits, Sweetapple's idea of taking a 'firm stance' involved casting a much wider net.
• DESOUZA LAW, PA.
101 NE THIRD AVENUE, SUITE 1500 • FORT LAUDERDALE, FL 33301
TELEPHONE (954) 603-1340
DENISE000118
Case 9:16-cv-81371-BB Document 10 Entered on FLSD Docket 08/02/2016 Page 5 of 23
26. Almost immediately after being retained, Sweetapple began boasting to anyone
that would listen that Plaintiff— and approximately a dozen others including Mr. O'Boyle, his
son Jonathan, and others that worked for Mr. O'Boyle and/or The O'Boyle Law Firm — were
conspiring together, were guilty of extortion, and were guilty of violating the federal Racketeer
Influenced and Corrupt Organizations Act
27. Sweetapple made these statements over several months from April 2014 to
January 2015 (and most likely beyond that) to several individuals including, but not limited to:
(1) Joel Chandler (an individual well-known for his public records advocacy in the State of
Florida) and (2) Mark Hanna (an attorney who represented Mr. O'Hare in several public records
lawsuits). For example, Sweetapple met with Mr. Chandler in July 2014 and stated to him that
Mr. O'Boyle, Mr. O'Boyle's son, Plaintiff and various others associated with Mr. O'Boyle had
is
committed criminal acts of racketeering that Gulf Stream would be pursuing.
28. As a further example, on July 24, 2014, Sweetapple stated to Mr. Hanna that Mr.
O'Boyle, Mr. O'Boyle's son, Plaintiff, and various others associated with Mr. O'Boyle had
committed acts of extortion, abuse of process, and racketeering, and that both the Florida Bar and
the state attorney was investigating these crimes. Sweetapple repeated these statements to Mr.
Hanna again on August 12, 2014.
29. Each of the above referenced statements made to Messrs. Chandler and Hanna
were made out of court, not in a deposition, and not in connection with or investigation of any
court proceeding.
30. Upon information and belief, Sweetapple has made the same
accusations/statements directly to various law enforcement agencies including, but not limited to,
the Florida Department of Law Enforcement and one/or more Florida state attorney offices in an
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• effort to have criminal charges brought against Plaintiff and various others.
31. 'these statements were false and malicious — Sweetapple's primary motive in
making the statements was not to report an alleged crime but rather to injure Plaintiffs
reputation in such a way as to cause Plaintiff to disassociate from the alleged enterprise and
cease participating in sending public records requests and filing public records lawsuits.
IV. Gulf Stream/ Sweetapple File a Bevy of State Court Third Party Claims Against
Plaintiff
32. In addition to falsely accusing Plaintiff of committing various crimes, Gulf
Stream's "firm stance" against Mr. O'Boyle and Mr. O'Hare also involved the filing of multiple
counterclaims for declaratory and/or injunctive relief in public records lawsuits brought by Mr.
O'Boyle or Mr. O'Hare.
33. Gulf Stream did not, however, stop with Mr. O'Boyle and/or Mr. O'Hare. Rather,
9 Gulf Stream (through its attorney, Mr. Sweetapple), filed at least eight counterclaims in which it
named Plaintiff (and approximately a dozen others) as third party defendants.
34. These counterclaims/third party complaints were generally filed between January
2015 and April 2015 and each set forth the same allegations of a vast conspiracy existing
between Mr. O'Boyle, Mr. O'Hare, Plaintiff, and a dozen others to inundate Gulf Stream with
public records requests and profit from lawsuits resulting from Gulf Stream's inability to timely
respond to the deluge.
35. None of the lawsuits in which Gulf Stream asserts these counter/third party claims
against Plaintiff were filed by Plaintiff— she is not a plaintiff in these lawsuits, she did not sign
the governing complaints in these actions, she did not submit the public records requests at issue,
and she is not due any compensation upon success of any of these lawsuits. In short, Plaintiff
has no involvement or stake in the outcome of these lawsuits other than being named as a third
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• party defendant ad nauseam by Gulf Stream (through its attorney, Sweetapple).
36. Notably, while Gulf Stream names Plaintiff as a third party defendant in at least
eight of these counterclaims, it has only endeavored to have one such counterclaim actually
served on Plaintiff (in Case No. 50 -2014 -CA -004474, now Case No. 2016 -CA -005437).
37. Gulf Stream has long since missed the 120 day deadline in Florida Rule of Civil
Procedure 1.0706) to serve the remaining counterclaims on Plaintiff and does not appear to have
taken any substantive action to advance its claims in these lawsuits.
38. Rather, Gulf Stream appears content to have named Plaintiff as a defendant
simply for the sake of having existing, publicly -available claims against Plaintiff with no
intention of ever actually pursuing these claims to their logical conclusion.
V. The RICO Lawsuit
39. On October 10, 2014, Gulf Stream convened a town commission meeting during
• which the subject of filing a RICO lawsuit against Plaintiff, Mr. O'Boyle, and approximately a
dozen others was discussed.
40. Richman attended the meeting by telephone and informed the Gulf Stream town
commission and those residents in attendance that the best way to counteract the various lawsuits
that were filed by Mr. O'Boyle, Mr. O'Hare, and the others associated with them (including
Plaintiff) was to file a RICO action in federal court rather than state court. According to
Richman, doing so would avoid restrictions/defenses in state court as a result of Florida's
litigation privilege.
41. While on the phone, Richman further assured the town commission that he had
fully researched the factual background of the RICO action and was confident that the claim was
meritorious.
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• 42. At that time, however, the only `facts' available to Richman were the identities of
the plaintiffs that filed public records lawsuits against Gulf Stream and/or Wantman (none of
which were filed by Plaintiff) and a sworn statement of Mr. Chandler that was surreptitiously
obtained by Sweetapple during a secret meeting with Mr. Chandler in July 2014.
43. Although Sweetapple at that time was representing Gulf Stream in a number of
cases adverse to Mr. O'Boyle, he secretly met with Mr. Chandler (without notice to Plaintiff, Mr.
O'Boyle, or Mr. O'Boyle's counsel) and elicited testimony from Mr. Chandler concerning an
alleged `scheme' to inundate Gulf Stream with public records requests/lawsuits.
44. Notably, the sworn statement contains scant allegations concerning Plaintiff —
generally, Mr. Chandler alleges that Plaintiff managed the operations of The O'Boyle Law Firm,
attended law firm meetings, and managed the law firm's finances (none of which is particularly
• suggestive of participation in a RICO conspiracy).
45. Given that none of the public records lawsuits complained of were filed by
Plaintiff and that the surreptitious statement obtained from Mr. Chandler did not in any way
support the filing of a RICO action against Plaintiff, it is clear that Richman (who was speaking
in his capacity as a shareholder with Richman Greer) was being disingenuous when he told the
town commission that the forthcoming RICO claims were supported by the facts — especially as
alleged against Plaintiff.
46. The October 10, 2014 town commission meeting makes clear that Gulf Stream
would use the forthcoming RICO lawsuit as a `sword' to put a stop to the public records requests
being served and the public records lawsuits being filed by Mr. O'Boyle, W. O'Hare, and
others.
47. Richman himself plainly stated at the meeting that he was confident that an end
g
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• result of the forthcoming RICO lawsuit would be to put a stop to the records lawsuits. Mayor
Morgan also chimed in that he believed the RICO lawsuit would operate to put a stop to the
records lawsuits.
48. Mr. O'Hare also spoke at the meeting, plainly stating his understanding that the
purpose of the forthcoming RICO lawsuit was to get rid of all the records requests and lawsuits.
Neither the town commission nor Richman disagreed with Mr. O'Hare.
49. Following the October 10, 2014 town commission hearing, Defendants
(especially Richman Greer, the law firm tasked with investigating claims and certifying to a
court that the claims were meritorious) did nothing to properly investigate the forthcoming
claims as they applied to Plaintiff.
50. This is because Richman Greer, Gulf Stream, and Wantman had decided that the
• merits of the RICO lawsuit were immaterial — the sole purpose was to sue everyone perceived by
Defendants to be involved in the public records requests/lawsuits and use the specter of RICO
liability to cause these individuals/entities to refrain from engaging in protected activity.
51. Representatives of Richman Greer never met with Mr. Chandler, never explored
Plaintiffs actual involvement in the alleged RICO enterprise, and never made any factual or
legal determinations that Plaintiff would be a proper defendant in such an action. Rather,
Richman Greer engaged in a reckless strategy of ignoring the facts and naming as many
defendants as it could for purposes of scaring/intimidating them into submission.
52. On February 12, 2015, Gulf Stream and Wantman (as plaintiffs) filed a putative
class action complaint (the "RICO Complaint") in the United States District Court for the
Southern District of Florida (Case No. 9:15-cv-80182) against Plaintiff, Mr. O'Boyle, and
approximately a dozen others.
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• 53. The RICO Complaint was filed on behalf of Gulf Stream and Wantman by their
attorneys at Richman Greer. The RICO Complaint is not verified by either Gulf Stream or
Wantman, but is instead signed by Richman (a shareholder with the Richman Greer law firm).
54. The RICO Complaint asserts a single claim against Plaintiff (and the other named
defendants) for violation of the federal RICO statute and seeks both monetary and injunctive
relief against the defendants named therein (including the fashioning of "whatever orders the
Court deems necessary to divest[] the Defendants from their interest in the enterprise and
imposing reasonable restrictions on the future activities or investments of the Defendants to
prohibit them from engaging in a similar type endeavor."
55. The RICO Complaint generally alleges that Plaintiff managed the operations of
The O'Boyle Law Firm, attended law firm meetings, and managed the law firm's finances.
56. The RICO Complaint further alleges, in somewhat preposterous fashion, that
Plaintiff (together with Mr. O'Boyle, his son, and William Ring, a business/attomey associate of
Mr. O'Boyle) was one of the four masterminds that developed/orchestrated the extortionate
scheme alleged therein (notwithstanding that Plaintiffs employment responsibilities, which were
easily verifiable, were as an office administrator at the time). This allegation is, of course,
wholly unsupported by the surreptitious Chandler statement obtained by Sweetapple or the later -
obtained Chandler affidavit (which Sweetapple himself drafted and presented to Chandler for
signature — again, without notice to Plaintiff or counsel in any of the actions Sweetapple was
defending at the time). Indeed, it is not supported by any facts whatsoever.
57. As stated above, Richman Greer, Richman, Gulf Stream, and Wantman did not
actually believe that the RICO Complaint (as alleged against Plaintiff) was tenable/supported by
actual facts. Rather, all knew and understood that naming Plaintiff was part of the strategy of
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• stopping the records requests and lawsuits collectively (which Defendants apparently believed
Plaintiff was responsible for).
58. Following the filing of the RICO Complaint, each of the defendants (including
Plaintiff) named therein filed motions to dismiss (and/or notices ofjoinder in such motions) the
RICO Complaint.
59. These motions to dismiss asserted that the RICO Complaint should be dismissed
pursuant to Federal Rule of Civil Procedure 12(6)(6) in that, assuming everything alleged in the
RICO Complaint was true, the allegations were substantively deficient to sustain a RICO claim
against any of the defendants.
60. In so doing, the defendants (including Plaintiff) did not challenge the RICO
Complaint on some technical deficiency (such as improper venue and/or lack of personal
jurisdiction), but rather on the substantive allegations therein.
• 61. On June 30, 2015, Judge Kenneth A. Marra entered an Opinion and Order
dismissing the RICO Complaint with prejudice.
62. In so doing. Judge Marra definitively and unequivocally stated:
Accepting all of the facts set forth in the Complaint as true. the
Court finds that it would be futile for Plaintiffs to try to amend
their Complaint. The Complaint fails not due to a lack of finesse in
pleading; rather, it fails because on the most fundamental level, the
entire factual underpinning of Plaintiffs' case cannot, under any
circumstances, constitute a RICO violation.
63. Following dismissal of the RICO Complaint, Gulf Stream and Wantman (through
their legal counsel at Richman Greer) promptly filed a notice of appeal to the United States Court
of Appeals for the Eleventh Circuit.
64. On June 21, 2016, the United States Court of Appeals for the Eleventh Circuit
affirmed the dismissal of the RICO Complaint, specifically stating that "the allegations [of the
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•
Case 9:16-cv-81371-BB Document 10 Entered on FLSD Docket 08/02/2016 Page 12 of 23
RICO Complaint] do not support a RICO claim under our precedent."
65. Recently, at a July 8, 2016 Gulf Stream town commission meeting, Mayor
Morgan commented that, despite losing the RICO action, Gulf Stream accomplished exactly
what it set out to do — stop the exercise of protected activity (the filing of the records lawsuits).
Mayor Morgan commented: "I want to just give you an update on the litigation status. The
RICO action is finished.... So, the effect of the RICO action was exactly what we tried to
accomplish and that was to stop those lawsuits."
VI. Richman Slanders Plaintiff During Pendency of RICO Lawsuit
66. After filing the RICO Complaint, Richman gave multiple statements to the media
(which were then published and/or broadcast to thousands of readers/viewers) that Plaintiff
(together with the other named defendants in the RICO complaint) had committed various
crimes, including but not limited to violation of the RICO statute and extortion.
67. Indeed, Richman plainly stated to at least one media outlet that Plaintiff (and the
other defendants') alleged conduct was "extortion plain and simple."
68. Upon information and belied Richman also made the same accusations/statements
directly to various law enforcement agencies including, but not limited to, the Florida
Department of Law Enforcement and one/or more Florida state attorney offices in an effort to
have criminal charges brought against Plaintiff and the other defendants named in the RICO
Complaint.
69. These statements were false and malicious — Richman's primary motive in
making the statements was not to report an alleged crime but rather to injure Plaintiffs
reputation in such a way as to cause Plaintiff to disassociate from the alleged enterprise and
cease participating in sending public records requests and filing public records lawsuits.
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• VII. Plaintiff Loses Employment Opportunities as a Result of the RICO Lawsuit and
Defendants' Conduct
70. From February 12, 2015 through June 13, 2015, Plaintiff remained employed by
CRO Realty, Inc. During this time, Plaintiff worked alongside many of the other defendants
named in the RICO Complaint and often shared in their frustration/feelings of uneasiness as a
result of being named as a defendant in the RICO Complaint.
71. After dealing for months with her own fears regarding the outcome of the RICO
lawsuit and seeing similar fear on the face of her colleagues, Plaintiff and CRO Realty, Inc.
agreed to the termination of Plaintiffs employment and Plaintiff thereafter decided to seek new
employment after approximately 23 years with the same company. Plaintiff's decision was not
an easy one and was, in part, due to the extreme stress she was under as a defendant in the RICO
lawsuit.
• 72. Following her termination of employment, Plaintiff decided she wanted to seek
employment in the public sector.
73. On June 17, 2015, Plaintiff applied to an open position as a Communications
Officer with the Brevard Sheriffs Office. The position can best be described as that of an
emergency dispatcher, responsible for answering emergency and non -emergency service phones,
dispatching appropriate emergency services and servicing/maintaining related equipment.
74. Over the next month, Plaintiff submitted a written application, completed/passed a
typing test, and completed/passed a drug screening test.
75. On July 16, 2015, Plaintiff appeared before the Oral Review Board for an
interview with three representatives of the Brevard Sheriffs Office. Following the interview,
Plaintiff was told by one of the three representatives that "you have the job" and that Plaintiff
was hired pending the results of polygraph test, psych exam, and background check.
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is 76. Plaintiff subsequently completed/passed a polygraph test and completed/passed a
psychological evaluation. Thus, her formal hiring by the Brevard Sheriffs Office was
contingent only on her passing the aforementioned background check.
77. On or about August 25, 2015, Plaintiff was notified by the Brevard Sheriffs
Office that her background check had been discontinued and that Plaintiff would not be offered a
position of employment. The investigator assigned to Plaintiffs file explained to Plaintiff that,
as a result of the lawsuits filed by Gulf Stream and/or Wantman against Plaintiff (several of
which Plaintiff did not even know had been filed at the time as Gulf Stream never endeavored to
serve process on Plaintiff), Brevard Sheriffs Office could not hive Plaintiff.
78. This news was disheartening to Plaintiff. She had spent several months applying
to a public service position only to be told at the last minute that she could not be hired as a
• result of being named as a RICO defendant and a third party defendant in a bevy of state court
counterclaims.
79. Plaintiff subsequently attempted to gain employment at other law
enforcement/state agencies, but faced a similar problem in that the applications for such jobs
included questions regarding pending lawsuits and whether Plaintiff had ever been rejected for
employment by another law enforcement/state agency.
80. Discouraged by her own attempts to find employment, Plaintiff spoke to a job
recruiter in an effort to discover potentially -available employment. Plaintiff was informed,
however, that it would be exceedingly difficult for Plaintiff to secure employment as a result of
the plethora of publicly -available information on the various Gulf Stream/Wantman lawsuits
against Plaintiff.
81. For approximately seven months, Plaintiff attempted to secure employment — any
14
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• employment — in which Plaintiff could stay afloat and receive health insurance/other benefits that
were much needed by Plaintiff and her family.
82. Finally, in January 2016, unable to secure other employment, Plaintiff accepted a
job from her brother, for approximately $14 per hour, and which offered no health
insurancelother benefits. The job was, unfortunately, the only one available to Plaintiff as a
result of Defendants' smear campaign and lumping Plaintiff together with those they truly had
legal issues with.
COUNT I —RETALIATION (42 U.S.C. & 1983)
(Gulf Stream)
83. Plaintiff re -alleges and incorporates paragraphs 1 through 82 as set forth above
and paragraphs 94 through 108 as set forth below.
84. On October 10, 2014, Gulf Stream unanimously voted to initiate a RICO lawsuit
• against Plaintiff and others at a regular town commission meeting.
85. The speakers at that meeting made clear that Gulf Stream was not concerned with
the merits of the RICO lawsuit or its likelihood of success. Rather, as detailed above, every
speaker (including Mayor Morgan, Commissioner Orthwein, and Richman) made clear that Gulf
Stream's sole motivation in voting for the RICO lawsuit was to stop the filing of public records
lawsuits.
86. Indeed, after the Eleventh Circuit affirmed dismissal of the RICO Complaint,
Mayor Morgan plainly admitted at a town commission meeting that the RICO lawsuit served its
purpose — because new public records lawsuits had not been filed, the effect of the RICO lawsuit
"was exactly what we tried to accomplish."
87. Here, Gulf Stream's unanimous vote by the members of the town commission to
initiate a RICO lawsuit against Plaintiff (and others) constitutes official policy or custom for
• 15
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• purposes of First Amendment retaliation claim under § 1983.
88. Plaintiff engaged in speech that was constitutionally protected by associating with
Citizens Awareness Foundation, Inc. ('CAFI') (first as its treasurer and later — eight months
prior to filing of the RICO lawsuit — as its President and a director), which itself filed several
public records lawsuits against Gulf Stream (a municipality). The filing of these public records
lawsuits against a municipality such as Gulf Stream, at the behest, direction, and/or approval of
Plaintiff, constitutes protected activity.
89. In the alternative, even if Plaintiff did not engage in protected activity, Gulf
Stream perceived that Plaintiff was engaging in such activity as evidenced by the factual
allegations of the RICO Complaint. Therein, Gulf Stream alleges its perceived belief that
Plaintiff was responsible for activating 'shell' companies and that Plaintiff was responsible for
. the filing of public records lawsuits. Plaintiff was named as a defendant in the RICO lawsuit
because Gulf Stream believed that Plaintiff was engaging in protected activity — namely, the
sending of records requests and the filing of records lawsuits. From July 2014 through the
present date, Gulf Stream's representatives (including counsel, Mayor Morgan, and town
commissioners) have conflated Plaintiff with Mr. O'Boyle and Mr. O'Hare and viewed them as
one and the same. Plaintiff has been named as a defendant in the RICO lawsuit and a bevy of
state court 'counterclaims' (which are not actually counterclaims as Plaintiff did not file the
underlying complaints) as a result of Gulf Stream's perception that Plaintiff was engaged in
protected activity.
90. As set forth herein, Gulf Stream retaliated against Plaintiffs actual and/or
perceived protected activity by filing the RICO lawsuit and a bevy of state court counterclaims
(the vast majority of which Gulf Stream never endeavored to serve).
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• 91. Gulf Stream's retaliatory conduct adversely affected Plaintiffs protected activity.
As set forth above. Plaintiff terminated her employment with CRO Realty, Inc. in June 2015
after dealing with the stress and embarrassment of being an accused criminal/racketeer both in
court filings and in public statements made by Gulf Stream and its counsel. Plaintiff has not
filed any public records lawsuits since the filing of the RICO lawsuit and has essentially
dissociated herself from Mr. O'Boyle, Mr. O'Hare, and the others named as defendants in the
RICO lawsuit. Plaintiff has been chilled from engaging in protected activity as a direct result of
the RICO la%%suit and the various state court counterclaims filed by Gulf Stream against her.
92. Plaintiff incurred substantial damages as a result of Gulf Stream's retaliatory
conduct. As set forth herein, Plaintiff was forced to terminate gainful employment of
approximately 23 years with CRO Realty, Inc. and she was unable to secure employment with a
. government agency due to Gulf Stream's accusations that she is a criminal/racketeer. Plaintiff
has incurred damage to her reputation and has suffered economic hardship all as a result of Gulf
Stream's retaliatory conduct.
WHEREFORE. Plaintiff demands judgment against Gulf Stream for compensatory
damages, prejudgment interest, reasonable attorneys' fees, and such other relief as the Court
deems just and proper.
COUNT If — MALICIOUS PROSECUTION
(Wantman, Richman Greer, and Richman)
93. Plaintiff re -alleges and incorporates paragraphs 1 through 82 as set forth above.
94. On February 12, 2015, Richman and Richman Greer signed and filed the RICO
Complaint (which was not verified by their clients) on behalf of Gulf Stream and Wantman.
95. The RICO Complaint named Plaintiff (among others) as a defendant.
96. The RICO Complaint was substantively dismissed with prejudice by Judge Marra,
17
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• who plainly stated that "the entire factual underpinning of Plaintiffs' case cannot, under any
circumstances, constitute a RICO violation."
97. The dismissal of the RICO Complaint was subsequently affirmed by the United
States Court of Appeals for the Eleventh Circuit.
98. The RICO lawsuit thus ended in favor of Plaintiff.
99. There is no question that the RICO lawsuit was instigated with malice. Indeed, in
voting to approve the filing of the RICO lawsuit, Gulf Stream mayor Scott Morgan stated:
I think as it has been discussed today, we can either take the
approach of defending these individual cases as they come in, and
bleed to death by a thousand cuts, or we can takes steps necessary
to stop those cases by advancing this case ... And by putting a stop
to it with this RICO action, we then put a stop to the individual
lawsuits on the public records requests. I'm confident that would
be the result of this case.
100. Another Gulf Stream town commissioner followed up this statement by
• exclaiming:
I agree, because I don't see an end just defending one by one. I
think we have to take it all as a group and go forward because just
defending is not doing anything.
101. These statements are, of course, referring to the public records lawsuits filed by
Mr. O'Boyle, Mr. O'Hare, CAR, and other entities associated Mr. O'Boyle — not to any lawsuit
filed by or records request submitted by Plaintiff (as there were none).
102. Prior to filing the RICO lawsuit, Wantman was a defendant in only one public
records lawsuit which was filed by Citizens Awareness Foundation, Inc. ("CAFI'), a Florida
corporation for which Plaintiff was listed as the treasurer at the time. Plaintiff did not sign
and/or verify that complaint (indeed, it was actually verified by Mr. Chandler, the sole person
relied upon in bringing the RICO lawsuit) and never had any contactlinteraction with Wantman.
• 18
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• There was thus no rational basis for Wantman to name Plaintiff as a defendant in the RICO
action other than Wantman's ill -will toward anyone perceived to be associated with the filing of
public records lawsuits, even if that person was simply listed as a treasurer of CAFI at the time
Wantman was served with the CAFI complaint.
103. There is no doubt that the RICO Complaint was intended to chill the filing of
records lawsuits by Mr. O'Boyle and Mr. O'Hare, but to do this Gulf Stream and Wantman
needed only to file the RICO Complaint against Mr. O'Boyle and Mr. O'Hare — not against
Plaintiff and a dozen others.
104. Rather, it appears clear that a conscious decision was made — by Gulf Stream,
Wantman, Richman Greer, and Richman to sue any and everyone associated with Mr. O'Boyle I
and Mr. O'Hare on a personal and/or professional level.
• 105. This decision was made despite having no evidence and no reasonable belief that
Plaintiff had any involvement or participation in the extortionate scheme alleged in the RICO
Complaint.
106. Plaintiff's inclusion as a defendant in the RICO Complaint can best be described
as the result of ill will and animosity - Gulf Stream, Wantman, Richman Greer, and Richman
never believed that Plaintiff actually committed RICO violations, but wanted to use the specter
of being a defendant in such a lawsuit to cause Plaintiff to `flip' on the other defendants, provide
favorable testimony for Gulf Stream and Wantman, and retreat from her perceived role as a
purported ringleader in the making of records requests and filing of records lawsuits.
107. In short, Gulf Stream, Wantman, Richman Greer, and Richman were perfectly ok
with ruining Plaintiffs life and earning ability on the oft chance that Plaintiff might assist them
in their claims against those they truly had legal issues with (Mr. O'Boyle and Mr. O'Hare). The
•
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• decision to include Plaintiff in the RICO Complaint was not only intentional and done with
malice — it was also despicable.
108. Asa result of aforementioned malicious prosecution and pursuit of RICO claims
against Plaintiff, Plaintiff has suffered substantial damages, the full amount of which will be
established at trial of this matter.
WHEREFORE, Plaintiff demands judgment against Wantman, Richman Greer, and
Richman for compensatory damages, prejudgment interest, and such other relief as the Court
deems just and proper.
COUNT III — SLANDER PER SE
(Sweetapple)
109. Plaintiff re -alleges and incorporates paragraphs 1 through 82 as set forth above.
110. As described herein, Sweetapple has, on numerous occasions from April 2014
• through January 2015, falsely stated to thud parties and/or law enforcement agencies that
Plaintiff is a criminal, has committed racketeering violations, has violated the federal RICO
statute, and is guilty of extortion.
111. Sweetapple did not present these statements as if they were merely his opinion —
rather, Sweetapple, as an attorney experienced in both state and federal matters, conveyed these
statements as fact. He did not state it was his opinion that Plaintiff had committed several
felonies or that he would ultimately prove such in a court of law — rather, he left no room for
doubt in emphatically stating that Plaintiff (and the other defendants named in the RICO
Complaint) had committed these crimes.
112. In truth, at the time these statements were made, Sweetapple had not assembled
any evidence which would support his accusations that Plaintiff violated the civil or criminal
provisions of the federal or Florida RICO statutes. Sweetapple, an attorney with substantial
20
• DESOUZA LAW, P. A.
101 NE THIRD AVENUE, SUITE 1500 • FORT LAUDERDALE, FL 33301
TELEPHONE (954) 603.1340
*Idlz7MWITI I
Case 9:16-cv-81371-BB Document 10 Entered on FLSD Docket 08/02/2016 Page 21 of 23
• experience in federal and state matters, knew at the time that he made these statements that they
were wholly unsupported by the evidence, and therefore were made with reckless disregard for
the truth.
113. The above-described false and malicious statements were made with the purpose
of causing harm to Plaintiffs reputation.
114. These statements were false and malicious — Sweetapple's primary motive in
making the statements was not to report an alleged crime but rather to injure Plaintiffs
reputation in such a way as to cause Plaintiff to disassociate from the alleged enterprise and
cease participating in sending public records requests and filing public records lawsuits.
115. The falsity of the above-described statements cannot be disputed. The United
States District Court for the Southern District of Florida and the United States Court of Appeals
• for the Eleventh Circuit have already conclusively determined that none of the conduct
Defendants have alleged rise to the level of extortion, racketeering, mail fraud, and/or wire fraud.
116. As a result of Swcetapple's false and malicious statements, Plaintiff has sustained
substantial damages, the full amount of which will be established at trial of this matter.
WHEREFORE, Plaintiff demands judgment against Sweetapple for compensatory
damages, prejudgment interest, and such other relief as the Court deems just and proper.
COUNT IV —SLANDER PER SE
(Richman)
117. Plaintiff re -alleges and incorporates paragraphs I through 82 as set forth above.
118. As described herein, Richman has, on numerous occasions since filing the RICO
Complaint, falsely stated to third parties and/or law enforcement agencies that Plaintiff is a
criminal, has committed racketeering violations, has violated the federal RICO statute, and is
guilty of extortion.
• 21
DESOUZA LAW, P A.
101 NE THIRD AVENUE, SUITE 1500 • FORT LAUDERDALE, FL 33301
TELEPHONE (954)603-1340
DENISE000135
Case 9:16-cv-81371-BB Document 10 Entered on FLSD Docket 08/02/2016 Page 22 of 23
• 119. Richman did not present these statements as if they were merely his opinion —
rather, Richman, as an attorney experienced in both state and federal matters, conveyed these
statements as fact. He did not state it was his opinion that Plaintiff had committed several
felonies or that he would ultimately prove such in a court of law — rather, he left no room for
doubt in emphatically stating that Plaintiff (and the other defendants named in the RICO
Complaint) had committed these crimes.
120. In truth, at the time these statements were made, Richman had not assembled any
evidence which would support his accusations that Plaintiff violated the civil or criminal
provisions of the federal or Florida RICO statutes. Richman, an attorney with substantial
experience in federal and state matters, knew at the time that he made these statements that they
were wholly unsupported by the evidence, and therefore were made with reckless disregard for
• the truth.
121. The above-described false and malicious statements were made with the purpose
of causing harm to Plaintiff's reputation.
122. These statements were false and malicious — Richman's primary motive in
making the statements was not to report an alleged crime but rather to injure Plaintiffs
reputation in such a way as to cause Plaintiff to disassociate from the alleged enterprise and
cease participating in sending public records requests and filing public records lawsuits.
123. The falsity of the above-described statements cannot be disputed. The United
States District Court for the Southern District of Florida and the United States Court of Appeals
for the Eleventh Circuit have already conclusively determined that none of the conduct
Defendants have alleged rise to the level of extortion, racketeering, mail fraud, and/or wire fraud.
124. As a result of Richman's false and malicious statements, Plaintiff has sustained
• DESOUZ22
A LAW, P.A.
IDI NE THIRD AVENUE, SURE 1500• FORT LAUDERDALE, FL 33301
TELEPHONE (954) 603-1340
DENISED00136
E
Case 9:16-cv-81371-BB Document 10 Entered on FLSD Docket 08/02/2016 Page 23 of 23
substantial damages, the full amount of which will be established at trial of this matter.
WHEREFORE, Plaintiff demands judgment against Richman for compensatory
damages, prejudgment interest, and such other relief as the Court deems just and proper.
Demand For Jury Trial
Plaintiff demands a trial by jury on all issues so triable.
Dated: August 2, 2016 DESOUZA LAW, P.A.
101 NE Third Avenue
Suite 1500
Fort Lauderdale, FL 33301
Telephone: (954)603-1340
DDesouza%ldesouzalaw.com
4 35.3 22.7785, v. 1
By: /s/ Daniel DeSouza Esq;
Daniel DeSouza, Esq.
Florida Bar No.: 19291
• 23
DESOUZA LAW, PA.
101 NE THIRD AVENUE, SUITE 1300 • FORT LAUDERDALE, FL 33301
DENISE000137 TELEPHONE (954) 803.1340
Case 9:15-cv-80182-KAM Document 1 Entered on FLSD Docket 02/12/2015 Page 1 of 49
• IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
WEST PALM BEACH DIVISION
Case No.:
TOWN OF GULF STREAM, a municipality organized
and existing under the laws of Florida on its own CLASS ACTION
behalf and on behalf of those municipalities similarly
situated, and WANTMAN GROUP, INC., a domestic
company on its own behalf and on behalf of those
companies similarly situated,
Plaintiffs,
VS.
MARTIN E. O'BOYLE, an individual, CHRISTOPHER
O'HARE, an individual, WILLIAM RING, an
individual, JONATHAN R. O'BOYLE, an individual, DENISE
DEMARTINI, an individual, GIOVANI MESA, an individual,
NICKLAUS TAYLOR, an individual, RYAN WITMER, an
individual, AIRLINE HIGHWAY, LLC, COMMERCE GP, INC.,
CG ACQUISMON CO., INC., CRO AVIATION, INC., ASSET
ENHANCEMENT, INC., COMMERCE REALTY GROUP, INC.,
PUBLIC AWARENESS INSTITUTE, INC., CITIZENS
AWARENESS FOUNDATION, INC., OUR PUBLIC RECORDS,
LLC, STOPDIRTYGOVERNMENT, LLC, COMMERCE
GROUP, INC., and THE O'BOYLE LAW FIRM, P.C., INC.,
Defendants.
CLASS ACTION COMPLAINT
I. Introduction.
The TOWN OF GULF STREAM ("Gulf Stream" or "Town) brings this lawsuit
as a class action, by and on behalf of state and local municipalities, municipal agencies, and their
DENISED00234
I
FENDANTS
EXHIBIT
Case 9:15-cv-80182-KAM Document 1 Entered on FLSD Docket 02/12/2015 Page 2 of 49
• private contractors located in the state of Florida that have been victimized by a scheme to
defraud and extort being carried out by a RICO Enterprise created by, and composed of, the
Defendants. Through their RICO Enterprise, the Defendants have associated -in -fact with the
sole purpose of unlawfully and illegally extracting settlement payments from the Class Members
by first using the mails and the wires to deliver and advance frivolous public records request that
are often intentionally inconspicuous. Then, the Defendants, through their RICO Enterprise,
immediately use the mails and the wires to extort their victims by demanding that these
municipal entities and agencies immediately settle with them and pay their allegedly incurred
attorneys' fees and costs as provided for in the public records statute, or, face protracted
litigation and a flurry of additional frivolous public records request and lawsuits. The amount
demanded by the Defendants to reimburse them for their attorneys' fees and costs is fraudulent—
far exceeding the actual costs and fees incurred in the frivolous public records request, resulting
in a profit windfall for the Defendants. At least one Court has labeled these actions as an
'unreasonable and flagrant abuse of the state [Public Records Act]," amounting to "nothing more
than a scam." (See ¶18, p.6, Final Order Denying Relief Under Public Records Act, entered by
the Hon. Jack M. Schemer, Circuit Court Judge, Duval County, Florida, attached hereto as
Exhibit "A.").
2. The Defendants are prolific in their efforts—from March 5, 2013, through July
17, 2013, the RICO Enterprise filed over 400 public records request with Gulf Stream alone.
From August of 2013 through present, the RICO enterprise filed more than 1,500 additional
public records requests bringing the total number of public records requests to almost 2,000.
RXMMM GMP. PA
2
DENISE000235
Case 9:15-cv-80182-KAM Document 1 Entered on FLSD Docket 02/12/2015 Page 3 of 49
• (See the Public Records Request Log attached hereto as Composite Exhibit °B").t For
purposes of context --Gulf Stream is a tiny community, having a population of 974 residents and
only 17 full time employees (four of whom work at Town Hall), with a land mass of less than
one square mile.
3. The Defendants also target private entities that have contracted with
municipalities, arguing that by virtue of their business relationship with a public entity, they are
subject to the public records laws of Florida. The Wantman Group, Inc. brings this lawsuit as a
class action on behalf of itself and other private entities that have been victimized by
Defendants' scheme to defraud and extort.
4. The Wantman Group is a multidisciplinary consulting firm which provides
engineering, surveying and mapping, and environmental and planning services. The Wantman
• Group has six offices throughout the state of Florida. As part of its business, the Wantman
Group has signed contracts with various municipalities and government agencies. For example,
the Wantman Group signed a contract with the South Florida Water Management District,
("SFWMD') through which it was to provide professional services to the SFWMD.
11. Jurisdictional Allegations.
5. As this is an action brought under 18 U.S.C. §§ 1961, 1962 and 1964, this Court
has original jurisdiction over the subject matter of this action pursuant to 28 U.S.C. §§ 1331.
Additionally, this Court has original jurisdiction over the subject matter of this action pursuant to
18 U.S.C. §§ 1964 (a) -(c). Finally, this Court has personal jurisdiction over the Defendants
pursuant to 18 U.S.C. § 1965.
' This chart includes all public records request made to the Town, only a handful of which were not done by the
Dcfcndants.
RMfMM GUM PA
Is
re�r.werr.�
3
DENISED00236
Case 9:15-cv-80182-KAM Document 1 Entered on FLSD Docket 02/12/2015 Page 4 of 49
• 6. Venue is appropriate in this district pursuant to 18 U.S.C. § 1965(a) as well as 28
U.S.C. § 1391(b)(1) and (2), as the Defendants reside in this district and a substantial part of the
events or omissions giving rise to Plaintiffs' claims occurred in this district.
M. Parties.
7. Plaintiff; TOWN OF GULF STREAM, is a municipality organized and existing
under the laws of the State of Florida.
8. Plaintiff, WANTMAN GROUP, INC., is a Florida corporation, which maintains
its principal place of business at 2035 Vista Pkwy, Suite 100, West Palm Beach, Florida, 33411
in Palm Beach County, Florida.
9. Defendant MARTIN E. O'BOYLE, is a resident of Florida, residing in Palm
Beach County, and more specifically, in the Town of Gulf Stream. Martin O'Boyle is also: (i)
• the President and owner of Defendants Commerce Group, Inc., Commerce GP, Inc., Commerce
Realty Group, Inc., and CRO Aviation, Inc.; (ii) the sole member of Defendants
Stopdirtygovemment, LLC, Our Public Records, LLC and Airline Highway, LLC; and (iii) a
director of Defendant Public Awareness Institute, Inc.
10. Defendant WILLIAM F. RING ("Ring") is an attorney licensed to practice law in
the state of Florida, and upon information and belief, is practicing with and a partner or
shareholder of Defendant The O'Boyle Law Firm, P.C., Inc., as well as its registered agent.
Ring is also: (i) Vice-president of Defendants Commerce Group, Inc., CG Acquisition Co., Inc.,
Commerce Realty Group, Inc., and Asset Enhancement, Inc.; (ii) the founding President of
Defendant Citizens Awareness Foundation, Inc., (iii) and the registered agent for Defendants Our
sa71M" GREEK, PA
• rl�r.wrrh�on
4
DENISE000237
Case 9:15-cv-80182-KAM Document 1 Entered on FLSD Docket 02112/2015 Page 5 of 49
0 Public Records, LLC, and Stopdirtygovemment, LLC. Ring has worked for Martin E. O'Boyle
in some capacity for at least 25 years.
11. Defendant CHRISTOPHER O'HARE ("O'Hare') is a resident of Florida,
residing in Palm Beach County, and more specifically, the Town of Gulf Stream. O'Hare is also
a client of Defendant The O'Boyle Law Firm, P.C., Inc.
12. Defendant JONATHAN R. O'BOYLE is a resident of Florida, residing in Palm
Beach County, and while not an attorney that is licensed to practice law in Florida; he is the
founding principal of Defendant The O'Boyle Law Firm, P.C., Inc. and currently its President,
sole director and manager. Jonathan O'Boyle is the son of Defendant Martin O'Boyle, and is
also a director of Defendant Public Awareness Institute, Incorporated.
13. Defendant DENISE DEMARTINI ("DeMartini") is a resident of Florida, residing
• in Martin County. DeMartini is also: (i) an employee of Defendant Commerce Group, Inc.; (ii)
Secretary of Defendant Commerce Realty Group, Inc.; and (iii) the current President and director
of Defendant Citizens Awareness Foundation, Inc. DeMartini, while not a lawyer, managed the
operations of Defendant The O'Boyle Law Firm during the time at issue in this suit. Like
Defendant Ring, DeMartini has worked for Martin O'Boyle for more than 25 years.
14. Defendant COMMERCE GROUP, INC. ("Commerce Group") is a Florida
Corporation with its principal place of business located at 1280 W Newport Center Dr., Deerfield
Beach, Florida 33442. Commerce Group is run by Martin O'Boyle.
15. Defendant CITIZENS AWARENESS FOUNDATION, INC. ("CAFP'), purports
to be a Florida non-profit corporation, with its principal place of business located at 1280 West
RKHMAN GMR. PA
Ibtl•waM�Ya
5
DENISE000238
Case 9:15-cv-80182-KAM Document 1 Entered on FLSD Docket 02/12/2015 Page 6 of 49
• Newport Center Drive, Deerfield Beach, Florida 33442. Defendant Martin O'Boyle, together
with his son Jonathan O'Boyle and Defendant Ring, created CAFI in or around January of 2014.
16. Defendant STOPDIRTYGOVERNMENT, LLC, ("Stapdirtygovernment" or
"SDG') is a Florida limited liability company with its sole member being Martin O'Boyle, and
its principal place of business located at 1280 West Newport Center Drive, Deerfield Beach,
Florida 33442,
17. Defendant OUR PUBLIC RECORDS, LLC, ("OPR') is a Florida limited liability
company with its sole member being Martin O'Boyle, and its principal place of business located
at 1280 West Newport Center Drive, Deerfield Beach, Florida 33442. Defendant Martin
O'Boyle created OPR in or around April of 2013.
18. Defendant PUBLIC AWARENESS INSTITUTE, INC. (`TAr� purports to be a
Florida non-profit corporation with its principal place of business located at 1280 West Newport
Center Drive, Deerfield Beach, Florida 33442. Defendants Martin O'Boyle and Jonathan
O'Boyle, along with their family member Sheila O'Boyle (wife of Martin and mother of
Jonathan), are the directors of PAI, which was created in or around May of 2013.
19. Defendant AIRLINE HIGHWAY, LLC ("AFr) is a Florida limited liability
company with its sole member being Martin O'Boyle, and its principal place of business located
at 1280 West Newport Center Drive, Deerfield Beach, Florida 33442.
20, Defendant, COMMERCE GP, INC. ("Commerce GP'), is a Florida profit
corporation with its principal place of business located at 1280 West Newport Center Drive,
Deerfield Beach, Florida 33442. Defendant Martin O'Boyle is the President of Commerce GP.
RN]MAN GaEK PA
• wer-wrrtln wn
6
DENISE000239
Case 9:15-cv-80182-KAM Document 1 Entered on FLSD Docket 02/12/2015 Page 7 of 49
• 21. Defendant CG ACQUISITION CO., INC. ("CGA'), is a Florida profit
corporation with its principal place of business located at 1280 West Newport Center Drive,
Deerfield Beach, Florida 33442. Defendant Martin O'Boyle is the Director of CGA with
Defendant Ring being its Vice -President
22. Defendant, CRO AVIATION, INC. ("CRO'), is a Florida profit corporation with
its principal place of business located at 1280 West Newport Center Drive, Deerfield Beach,
Florida 33442. Defendant Martin O'Boyle is the President of CRO.
23. Defendant, ASSET ENHANCEMENT, INC. ("AE's, is a Florida profit
corporation with its principal place of business located at 1280 West Newport Center Drive,
Deerfield Beach, Florida 33442. Defendant Martin O'Boyle is the President of AE with
Defendant Ring being the Vice -President.
• 24. Defendant, COMMERCE REALTY GROUP, INC. ("CRO), is a Florida profit
corporation with its principal place of business located at 1280 West Newport Center Drive,
Deerfield Beach, Florida 33442. Defendant Martin O'Boyle is the President, Defendant Ring the
Vice -President and Defendant DeMartini the Secretary of CRG.
25. In addition to the fact that they are all housed at the offices of Martin O'Boyle's
company Commerce Group, Defendants O'Boyle, Ring, DcMartini, CG, CAFI, SDG, OPP, PAI,
AH, Commerce GP, CGA, CRO, AE, CRG all share the internet domain commerce-group.com
and utilize the email address records@commeroe-group.com.
26. Defendant, THE O'BOYLE LAW FIRM, P.C., INC., ("O'Boyle Law Firm', is a
foreign corporation, a law firm, having its alleged principal address located at 1001 Broad Street,
Johnstown, Pennsylvania and a Florida office at 1286 West Newport Center Drive, Deerfield
RRNMAN GREEK, PA.
• xrr.�narr. r.a,
7
DENISED00240
Case 9:15-cv-80182-KAM Document 1 Entered on FLSD Docket 02/12/2015 Page 8 of 49
• Beach, Florida 33442. Defendant Jonathan O'Boyle is the sole officer and director of the
O'Boyle Law Firm, but is not licensed to practice law in the State of Florida. While serving as an
officer of Defendant CAFI, a client of the O'Boyle Law Firm, Defendant DeMartiui
simultaneously managed the O'Boyle Law Firm's operations. After resigning as an officer of
CAFL but retaining his position as an officer of several other firm clients, including Defendants
CG, CGA, CRG and AE, Defendant Ring is now a partner with the O'Boyle Law Firm.
27. Defendant, RYAN WI TMER, is an attorney licensed to practice law in the state
of Florida and a resident of New York A law school classmate of Jonathan O'Boyle, Witmer
helped to establish the O'Boyle Law Firm and thereafter filed and prosecuted scores of public
records lawsuits throughout the State of Florida against the putative class members on behalf of
clients of the O'Boyle Law Finn, including, but not limited to, Defendants Martin O'Boyle,
• O'Hare and CAFL
28. Defendant, GIOVANI MESA, is an attorney licensed to practice law in the state
of Florida, practicing with the O'Boyle Law Firm Mesa has filed and prosecuted scores of
public records lawsuits throughout the State of Florida against the putative class members on
behalf of clients of the O'Boyle Law Firm including, but not limited to, Defendants Martin
O'Boyle, O'Hare and CAFI.
29. Defendant, NICKALAUS TAYLOR, is an attorney licensed to practice law in the
state of Florida since 2008, who practices with the O'Boyle Law Firm Taylor has filed and
prosecuted scores of public records lawsuits throughout the State of Florida against the putative
class members on behalf of clients of the O'Boyle Law Firm including, but not limited to,
wanun aarrs, r.a
• .+n.i.w,na. an
8
DENISE000241
Case 9:15-cv-80182-KAM Document 1 Entered on FLSD Docket 02/12/2015 Page 9 of 49
• Defendants Martin O'Boyle, O'Hare, Commerce Group, CAFL OPR, AH, CGA, CRO, AE and
CRG.
IV. Appropriateness of Class Action Treatment.
30. Plaintiffs bring this action on behalf of themselves and all others similarly situated
pursuant to Fed R Civ. P. 23(b)(3). This action satisfies the numerosity, commonality,
typicality, adequacy, predominance and superiority requirements of Rule 23.
31. The proposed Class is defined as:
All state or local municipalities, municipal agencies, or private contractors in the
State of Florida, who have been served with a public records request by any of the
Defendants and who either (a) paid a settlement amount in conjunction with, or to
resolve the public records request; or (b) incurred attorneys' fees and costs to
respond to or litigate against public records requests from any of the Defendants.
32. Plaintiffs reserve the right to modify or amend the definition of the proposed
• Class before the Court determines whether certification is appropriate.
33. Plaintiffs do not currently know the exact number of Class Members or their
identities. However, Plaintiffs believe that Class Members number in the hundreds, and are thus
sufficiently numerous and geographically dispersed so that joinder of all Class Members is
impracticable.
34. Attached hereto as Composite Exhibit "C" are a series of charts listing the
current known potential Class Members, along with the style, case number, and county where the
lawsuits were brought against them as part of the scheme to defraud and extort As composite
Exhibit "C" illustrates, there are at least 121 different Class Members (including Plaintiffs)
RICHMAN GREEK PA
10
9
DENISE000242
Case 9:15-cv-80182-KAM Document 1 Entered on FLSD Docket 02112/2015 Page 10 of 49
• composed of approximately 31 municipalities or agencies, and 90 private contractors in suits
brought in nearly 2 dozen counties around the State.2
35. Plaintiffs further believe that each Class Member, including themselves, have
claims with a common origin and share a common basis. The claims of all Class Members, as
well as the Plaintiffs, originate from the Defendants' pattern of racketeering activity and use of
the RICO Enterprise to carry out such activities.
36. The claims of the Plaintiffs are typical of the Class, in that Plaintiffs, like all Class
Members, were injured in their business or property by reason of the Defendants' pattern of
racketeering activity carried out by the RICO Enterprise, including the predicate acts of mail
fraud, wire fraud, and extortion.
37. The RICO Enterprise, created by the Defendants, used the mail and the wires to
. send out what is usually an inconspicuous and frivolous public records request to the Class
Members, often times under the guise of a false non-profit organization, and with a stated or
implied purpose of advancing the public's interest in government transparency? In reality, this
bogus public records request was an essential fust -step of the RICO Enterprises' scheme to
defraud and extort money from the class members—it was nothing more than bait, a records
request for documents that the RICO Enterprise had no intention of reviewing, and instead,
intended to be overlooked or missed by the receiving class member so as to trigger the next step
in the RICO Enterprises' scheme.
r Exhlbit' C" reflects suits brougbt by only Defendant CAFI, albeit, in advancing the goal of the RICO Enterprise.
Upon information and belief, the number of class members will increase substantially.
3 The purpose for disguising the identity of the requesting patty was twofold: (1) to fool the recipient into thinlong a
not-far-pm5t had a genuine desire to we the documents requested, and (2) to try and circumvent the conditional
payment provided for in the Public Records law allowing a municipality to condition production of the requested
documents on payment of costs and expenses. (See, Fla. Stat. § 119.07(4Xd)).
RRNMAN GREER, PA
wr. r..er.e. ra
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DENISE000243
Case 9:15-cv-80182-KAM Document 1 Entered on FLSD Docket 02/12/2015 Page 11 of 49
• 38. After the bogus records request was sent and hopefully overlooked, the RICO
Enterprise would then use the mail and the wires to: (i) demand a settlement of the records
request in excess of the actual attorneys' fees and costs incurred by the Defendants; or (ii) file a
frivolous lawsuit against the recipient of the bogus records inquest followed by the demand for
settlement. The settlement demand was directly or indirectly accompanied by a threat of harm to
property in the form of more bogus records requests, to be followed up with even more frivolous
litigation.
39. This racketeering conduct damaged and injured the class members in three ways:
(i) by requiring additional expenditures by the class members (Le. hiring additional staff, paying
overtime, etc.) to review and respond to the massive volume of bogus records requests;4 (ii) by
coercing and sometimes extracting an inflated settlement amount from the Class Member to
"make this go away,"; and (iii) by requiring the Class Member to defend against several spurious
lawsuits brought only to increase the pressure and ultimately force the Class Member to accept
the extorted settlement amount.
40. Pursuant to Rule 23(b)(3), there are numerous questions of law and fact common
to the Class and those common questions predominate over any questions affecting only
individual Class Members, including whether Defendants:
a. are associated, organized and acting as an enterprise with the purpose of carrying
out a scheme to defraud and extort;
b. devised, followed, and actively pursued a scheme to defraud and extort, and what
the scheme to defraud and extort consisted of; including;
4 See note 3, supra
RKHMM GM& PA
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II
DENISE000244
Case 9:15-cv-80182-KAM Document 1 Entered on FLSD Docket 02/12/2015 Page 12 of 49
• i. manipulation of the public records laws of Florida for financial gain,
including the filing of frivolous, meaningless, and often inconspicuous
public records request with no real need or intention to ever review or
obtain the public records, but rather, simply set the stage for the next step
in the scheme to defraud and extort;
ii. advance fraudulent and inflated settlement demands as a matter of
practice, policy, and pattern by fisudulently misrepresenting attorneys'
fees incurred by the O'Boyle Law Firm and its co -Defendant clients,
including a substantial profit margin to be shared between the O'Boyle
Law Firm and its so-called "non-profit" clients;
iii. as a matter of practice, policy, and pattern, extorted compliance with the
. fraudulent and inflated settlement demands by threatening scores of
additional frivolous public records requests to be followed by scores of
additional fraudulent and inflated settlement demands with the sole
intended consequence of the class members having to spend resources on
responding to the bogus public records request and defending the frivolous
litigation;
iv. set up false and fraudulent companies, both non-profit and profit, in
furtherance of the scheme to defraud, and using the mails and wires to
incorporate, indoctrinate, or otherwise create these bogus companies in the
State of Florida;
DENISE000245
RKHMAa GMF. PA
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12
Case 9:15-cv-80182-KAM Document 1 Entered on FLSD Docket 02/12/2015 Page 13 of 49
• v. established a captive Florida law fum run by a non -Florida attorney for the
sole purpose of generating attorneys' fees from settlements demanded
through the use of the mails and wires;
c. have engaged in conduct that constitutes a pattern of racketeering activity in
furtberance of their scheme to defraud and extort;
d. committed the predicate criminal acts of mail fraud, wire fraud, or extortion in
furtherance of their scheme to defraud and extort;
e. made false statements or misrepresentations of material fact regarding their
identity so as to induce Defendants to act in reliance by foregoing the assessment
of a special service charge to which Defendants would otherwise have been
entitled under Fla -Stat. § 119.07(4)(d);
• 41. Additionally, another common question of law and fact is the appropriate measure
of damages sustained by Plaintiffs and other Class Members.
42. A class action is superior to other methods for the fair and efficient adjudication
of this controversy. Treatment as a class action will permit a large number of similarly situated
persons to adjudicate their common claims in a single forum simultaneously, effectively, and
without the duplication of effort and expense, and risk of inconsistent rulings that numerous
individual actions would cause. Class treatment will also permit the adjudication of relatively
small claims by Class Members who otherwise might not be able to afford to litigate their claims
individually. This class action presents no difficulties in management that would preclude
maintenance as a class action.
RKHMM GREEER, PA
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DENISE000246
Case 9:15-cv-80182-KAM Document 1 Entered on FLSD Docket 02/12/2015 Page 14 of 49
• 43. This forum is particularly desirable for the prosecution of this class action because
Defendants all are residents in, or maintain a principal place of business in, this district, and
presumably maintain many of those corporate records which are particularly germane to this
action here. As a result of the foregoing, litigating on a class action basis in this forum will
likely decrease the cost of discovery and prosecution, generally.
44. Plaintiffs have suffered the harm alleged on behalf of the Class, and have no
interests antagonistic to the interests of any other Class Members. They are committed to the
prosecution of this action and have retained counsel experienced in the prosecution of class
actions, and in complex commercial actions in particular. Accordingly, Plaintiffs are adequate
representatives and will fairly and adequately protect the interests of the Class. Plaintiffs are not
aware of any other pending litigation concerning this controversy that involves Class Members,
• other than the individual cases brought by Defendants to enforce the frivolous and fraudulent
public records requests.
45. Finally, the Class is readily definable.
V. General Allegations.
a. Florida Public Records Law
46. Pursuant to Chapter 119, Florida Statutes, commonly referred to as the Sunshine
law, the legislature has determined that: "It is the policy of this state that all state, county, and
municipal records are open for personal inspection and copying by any person. Providing access
to public records is a duty of each agency."
WGIMAN GREM PA
• rm�vi.wtr.`. yen
14
DENISED00247
Case 9:15-cv-80182-KAM Document 1 Entered on FLSD Docket 02/12/2015 Page 15 of 49
• 47. Florida prides itself on the transparency required of its elected officials, and its
elected officials often pride themselves on providing such transparency to those that have elected
them to serve.
48. Accordingly, pursuant to section 119.07, all qualifying entities: "shall permit the
record(s) to be inspected and copied by any person desiring to do so, at any reasonable time,
under reasonable conditions...." In furtherance of this transparency, "a custodian of public
records and his or her designee must acknowledge requests to inspect or copy records promptly
and respond to such requests in good faith. A good faith response includes making reasonable
efforts to determine from other officers or employees whether such a record exists and, if so, the
location at which the record can be accessed."
49. The Public Records Act authorizes a custodian to collect a fee, prior to disclosing
• the records, for the cost of copying the records. Fla Stat § 119.07(4) (providing the custodian
"shall furnish a copy ... of the record upon payment of the fee prescribed by law"). The custodian
•
may also collect a special service charge for requests that "require extensive use of information
technology resources or extensive clerical or supervisory assistance ......
.." (Fla Stat. §
119.07(4)(d)).
50. Chapter 119 also extends the transparency requirement, as well as an obligation to
respond to public records request, to a "contractor," defined as "an individual, partnership,
corporation, or business entity that enters into a contract for services with a public agency and is
acting on behalf of the public agency...." See section 119.0701.
51. In addition to criminal penalties, public officers (or "contractors') are subject to
prevailing party attorneys' fees in civil court upon a showing of "unlawful refus[al] to permit a
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• public record to be inspected or copied..." Notably, this prevailing party fee provision is one-
sided and can only be invoked by the party making the public records request, and not the agency
or contractor responding to the request.
52. It is this threat of prevailing party attorneys' fees that is the nucleus around which
the Defendants created their scheme to defraud and extort, and organized their RICO Enterprise
to cavy out that scheme.
a. The Origins of the Scheme to Defraud and Extort.
Martin O'Boyle gets a taste of the potential ill-gotten gains associated
with exploiting the Public Records Act.
53. Martin O'Boyle already had an extensive history filing public records requests in
New Jersey, Florida and elsewhere. Martin O'Boyle previously used the public records process
in an abusive fashion to file thousands of requests and vexatious and frivolous lawsuits, to
IS cripple local governments into granting his development plans and other demands.
54. By way of example, in the case of Martin E. O'Boyle v. Peter Isen, 2014 WL
340104 (N.J.SuperA.D.)5, the Superior Court of New Jersey, Appellate Division, noted:
From September 2007 through early July 2008, plaintiff [Martin
O'Boyle] and members of his family filed multiple requests pursuant to the Open
Public Records Act (OPRA), N.J.S.A. 4TIA-1 to -13. Longport's only clerk
worked part-time, and she did not address the requests within the time required by
statute. At one point, the clerk went to the emergency room because of the stress
she attributed to the flood of OPRA requests. And, in February 2008, the
Borough's solicitor notified plaintiff that it would not accept any additional
OPRA requests he filed, explaining that the numerous requests were substantially
disrupting governmental services. The solicitor claimed that Longport had
received 190 requests on October 16 and 17 and thirty filed October 31, 2007.
5 In the Isen ease, Martin O'Boyle sued a resident of Longport for claiming Martin O'Boyle was "the enemy of
Langone. The suit for defamation was dismissed by summary judgment and affirmed by the appellate court.
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9 55. Similarly, when his daughter was being prosecuted for driving under the influence
in Palm Beach County, Florida, Martin O'Boyle inundated the Palm Beach County State
Attorney's Office both individually and through some of the other Defendants with over 1,300
requests for public records.
56. At one point, Martin O'Boyle had an application with four variance requests
pending before the Town when his vexatious campaign of public records requests began in 2013.
One of the variances in the request was granted, but O'Boyle was sent a letter of denial
pertaining to the other three requests on March 24, 2013.
57. From February 2013 to July 2013, Martin O'Boyle filed hundreds of public
records requests with the Town, overwhelming the records custodian with a nearly constant
barrage of requests. When the Town's limited staff could not keep up with the records requests
• in what Martin O'Boyle believed to be a reasonable period of time, he began filing public
records lawsuits.
58. From April to July 2013, Martin O'Boyle filed approximately 16 public records
lawsuits in his name and that of his affiliated entities, including Defendants Commerce Croup
and AH. Many were filed as separate actions on the same day to further burden the Town in
responding to the complaints and to increase the costs of the litigation.
59. In July 2013, the Town settled with Martin O'Boyle and paid him $180,000.00,
an amount Martin O'Boyle claimed to have accrued in attorney's fees although his suits had
been prosecuted prose.
60. As a result of the foregoing experiences, and with Jonathan O'Boyle having
graduated from law school in 2012, Martin O'Boyle and Jonathan O'Boyle realized that they
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• could use the Public Records Act not just to frustrate the workings of city governments, but also
to generate an ill -gained profit for themselves. Thus, no longer was Martin O'Boyle's goal
simply to torment local governments, bullying them into caving to his demands. The purpose
was now to extort money.
61. In or around January 2014, Martin O'Boyle and his son, Jonathan O'Boyle, met
for the purposes of developing a scheme to defraud and extort whereby they would form one or
more contrived not-for-profit corporations. The purpose of the not-for-profit corporations would
be to file thousands of public records requests with municipalities, government entities and state
contractors throughout the State of Florida Receipt and review of the requested records was not
the O'Boyle's priority. What Martin O'Boyle and Jonathan O'Boyle were really interested in
was trying to cause the recipient of the public records request to overlook the request and then
. slap the recipient with a lawsuit or pre -suit settlement demand for an amount far in excess of
their costs and fees and from which they would pocket a generous profit.
ii. Creation of the O'Boyle Law Firm and lis Feeder Individuals and
Entities.
62. Accordingly, and despite the fact that Jonathan O'Boyle was not a Florida lawyer,
he opened and ran the O'Boyle Law Firm as a foreign profit corporation on February 10, 2014.
This law firm was opened and operated from his father's corporate offices of the Commerce
Group, located in Deerfield Beach Florida Both Martin O'Boyle and Commerce Group financed
all activities of the O'Boyle Law Firm.
63. Once they had the law firm in place, Martin O'Boyle, Jonathan O'Boyle, and the
O'Boyle Law Firm required "clients" —pre -textual plaintiffs that they could use in sending out
frivolous and fraudulent public records requests and accompanying lawsuits. Accordingly,
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• Martin O'Boyle and Jonathan O'Boyle, along with Ring and DeMartini, decided to activate
several of Martin O'Boyle's dormant corporations and not -for -profits, and to form several new
not-for-profit entities, including Defendants CAFI, OPR, and PAI, as a front to make public
records requests and create litigation for the O Boyle Law Firm which then could be used to
defraud and extort Class Members into paying inflated settlement amounts and lime their pockets
with the proceeds derived therefrom.
64. Martin O'Boyle, Jonathan O'Boyle, Ring and DeMariini knew that they could
not, on the surface, own and control the non -profits they now intended to create as well as the
law firm to which all of the so-called "clients" would be referred. So, to further wrap their
scheme to defraud and extort in a shroud of legitimacy, they needed someone who is familiar
with government transparency—someone that had vast experience in making public records
• request and someone with a reputation for doing so. They found that someone in Joel Chandler.
b. Joel Chandler is Used to Lend Legitimacy To the Scheme To Defraud and
Extort.
65. In January 2014, Martin O'Boyle and Jonathan O'Boyle contacted Joel Chandler
(hereinafter referred to as "Chandler"). At the time Chandler had been working as a self-
employed civil rights and public information activist. Chandler had considerable experience in
making public records requests and in public records request litigation throughout the State of
Florida, and had garnered a reputation as being a government transparency advocate.
66. Chandler was invited to the O'Boyle home in Gulf Stream, Florida, where both
Martin and Jonathan O'Boyle resided. At the initial meetings, Chandler, the O'Boyles, and
Witmer discussed the O'Boyle Law Firm's capacity for handling public records litigation
throughout the state.
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• 67. As a result of the meetings, Martin OBoyle incorporated an alleged not-for-profit
entity. Now, Martin O'Boyle and his various entities were funding not only the O'Boyle Law
Firm, but also a feeder organization—CAF1.6
68. Martin O'Boyle, on his own and through his other entities, provided actual cash to
CAFI and the O'Boyle Law Firm as well as other consideration such as free rent, use of
employees, and vehicles. To do this, Martin O'Boyle used both his own personal assets, and the
assets of his business, Commerce Group.
69. Martin O'Boyle caused the entity, CAFI, to be incorporated in Florida and
directed that his three close business associates, William Ring, Denise DeMartini, and Brenda
Russell be named as the board of directors.
70. Martin O'Boyle also agreed with Chandler that he would hire Chandler to serve
• as the Executive Director of CAFI at a six -figure salary as well as substantial benefits. .
71. Chandler's actual duty was to travel the state making hundreds of public records
requests to public entities and state contractors. Thereafter, any evidence that would serve as a
pretext for a lawsuit was to be forwarded immediately to Jonathan O'Boyle for the filing of
litigation. Both CAFI and the O'Boyle Law Firm were operating from a room located in
Commerce Group's offices.
72. Prior to meeting the O'Boyles, Chandler had earned approximately $5,000.00
during the year 2013. Upon opening the alleged foundation, Martin O'Boyle agreed to pay
Chandler $120,000.00 per year and to provide him with a car to drive around the state to make
public records requests. Martin O'Boyle advised Chandler that he would entirely fiord the
s So-called "Feeder" relationships have previously drawn the scrutiny of the Florida Bar, which hes found them to
be unethical (See FL Etb. Op. 02-8).
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• foundation and law firm on an unlimited basis, including the payment of all court filing fees.
Martin O'Boyle, Jonathan O'Boyle, Ring and DeMartini did not tell Chandler at the time, but
had planned that they were going to require that all of CAFI's clients be represented by the
O'Boyle Law Firm, that Chandler would not have exclusive control over whether a claim is
settled and for how much, and that the O'Boyle Law Firm, CAFI, Martin O'Boyle, and Jonathan
O'Boyle intended to obtain fraudulent settlements from unwitting defendants by claiming their
fees and costs are an amount far in excess of what they actually were.
73. On January 27, 2014, Chandler was hired to act as Executive Director and CAR
was incorporated
74. As instructed, and in furtherance of the scheme to defiaud and extort, albeit
unwittingly, Chandler began creating public records requests and legal claims and referred these
• to the newly created O'Boyle Law Firm.
c. O'Hare's Involvement
75. In or about 2013, Chandler had previously met with Defendant Christopher
O'Hare to discuss public records litigation. O'Hare was upset with the Town over the denial of
his zoning application regarding construction of a metal roof.
76. In an attempt to force the Town to approve his roof, O'Hare recruited Chandler
and along with the co -Defendants began to inundate the Town with public records requests.
77. O'Hare met regularly with Martin O'Boyle and Jonathan O'Boyle and agreed to
work in concert with them and to file hundreds of public records requests in his own name as
well as under fictitious names with the clerk for the Town of Gulf Stream.
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• 78. O'Hare further agreed that after the Town was incapacitated and unable to timely
and fully respond to the public records requests, the O'Boyle Law Firm would represent him in
litigation against the Town, to generate money for the firm and the members of the Enterprise.
79. O'Hare began making public records requests to the Town in July 2013.
80. Initially, those public records requests were made by O'Hare in his own name or
using anonymous email addresses ultimately determined to be associated with O'Hare.7
81. Although O'Hare would make numerous requests in a single day, the Town
initially did not assess any special service charges to him for extensive use of information
technology resources or extensive clerical or supervisory assistance before maldng responsive
records available.
82. In response to sixty (60) individual public records requests O'Hare submitted to
• the Town in a single day - an January 16, 2014, the Town wrote to O'Hare to advise that since
August 2013, O'Hare had made more than 500 public records requests, that the Town had
•
already spent more than 200 hours responding to Mr. O'Hare's prior requests, that O'Hare had
failed to retrieve the vast majority of documents gathered by the Town in response to his
requests, and that O'Hare had failed to pay the copy charges associated with those documents
that had been made available or to pay estimates associated with other requests.
83. Thereafter, the Town began to assess special service charges against O'Hare for
his extensive use of information technology resources and/or extensive clerical or supervisory
assistance associated with responding to his requests.
'See note 3, supm
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• 84. To avoid those special service charges associated with the time spent responding
to requests from a single individual and make the Town believe that numerous individuals were
requesting records, O'Hare began making public records requests in a single day or within a few
days to the Town using fictitious or fraudulent personal identification. The fraudulent aliases
used by O'Hare, many of which mock the names of Town officials including Town Manager Bill
Thrasher, Mayor Scott Morgan and Commissioners Donna White, Joan Orthwein and Robert
Ganger, include:
Imawaty Tirtarahardja imawatysagmail.com
Janto Djajaputra iantodiaiaouhw@gmail.com9
Rodrigo Tejera teierateierateieraQ il.comro
Nevada Smith nevadasmitheowboy@email.comrl
Frank Smith frank.smith.iconoclasKa,gmail.com12
Hokuikekai Keihanaikukauakahihuliheekahaunaele
I10iOi001ll0iiO111100iOii01Ill(a wrrail.com
• Buffy Howell buffyhowellna gmail.com
Bobby Gangrene bobbvganmenePgmail.com
Billy Trasher billytrasher(algmail.com
' When a cursor bovers over this email address, a link appears to chrisoharaWfetreaar(4zmail.coro. O'Hare has
filed at least one public records lawsuit seeking recovery under the Public Records Act for a public records request
filed in the name of haawety Tkmrabardja See O'Hare v. GuyStream, Case No. 2014CAD08327XXXXMB AF
(15m Judicial Circuit in and for Palm Beach County).
' When a cursor hovers over this email address, a link appears to cluisohareaulhhearnQzmail.com. Moreover,
O'Hare has filed public records lawsaits seeking recovery under the Public Records Act far a public records request
filed in the name of Jamo I)jajaputra See O Hare v. Guff Stream, Case No. 2014CA006848XXXXMB AB (15'"
Judicial Circuit in and for Palm Beach County); O'Hare v. GulfSaeam, Case No. 2014CA007516XXXXMB AD
(151h Judicial Circuit in and for Palm Beach County).
"when a cursor hovers over this email address, a link appears to cAsrtail.com. O'Hare has filed at least one public
records lawsuit seeking recovery maker the Public Records Act for a public records request filed in the name of
Rodrigo Tejera See OHare v. Gulf Stream, Case No. 2014CA006848XXXXMB AB (15° Judicial Circuit in and
for Palm Beach County).
11 when a cursor bovers over this email address, a link appears to chrisohatceulfst camAzmail.com
lr When a cursor hovers over this email address, a link appears to 04gmatl.com.
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• Scotty Margin scottvmorein(,amail.com
Gonna White sonnawhiteAgmail.com
Freddy Farnsworth Frederick.freddv.famsworth(a)gmail.com
Groan Orthwein
groanorthweinAzmail.com
Americo Vespuchi
discover.the.recordAagmail.com
Patrick Henry
no.gov.secrets(alemail.com
Wyatt Burp
ok coral.recordna,email.com
Prigs Hypocrites
yries.and hvnocritesrammail.com
Harry LaFarge
lafargetechna,gmail.com13
85. O'Hare has made hundreds of additional public records requests to the Town
using fictitious or fraudulent personal identification and continues to do so in order to
fiaudulently induce the Town not to assess special service charges against him associated with
the extensive use of resources and clerical or supervisory assistance.
86. O'Hare has turned the nearly one thousand public records requests he has made
• against the Town into more than two dozen lawsuits.
87. O'Hare has been a client of the O'Boyle Law Firm generally, and Jonathan
O'Boyle in particular, since the firm's inception in January 2014. The O'Boyle Law Firm
represents him in approximately 10 of the public records suits he has brought against the Town,
with the first such suit filed by the O'Boyle Law Firm on his behalf on January 22, 2014.
88. On May 8, 2014, O'Boyle and O'Hare formally joined forces as Plaintiffs against
the Town with the filing of a Complaint to Enforce Florida's Public Records and Open Public
Meetings Act. See O'Boyle and O Hare v. Town of Gulf Stream, Case No.
" O'Hare has filed at least one public records lawsuit secling recovery under the Public Records Act for a public
records request filed in the name of Harry LaFarge. See O Hare v. GuIf Shram, Case No. 2014CC012274XXXMB
AB (15'b .rudicial Circuit in and for Palm Beach County).
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• 2014CA005628XXXXMB AG (Circuit Civil Division, 151i Judicial Circuit in and for Palm
Beach County).
e. Chandler Realizes He is Being Used.
89. Towards the end of March and in early April 2014, Chandler learned that Ring
and Martin O'Boyle were making public records requests directed to the Town of Gulf Stream,
allegedly at the behest of CA 7L without his knowledge or consent
90. In April 2014, when Chandler inquired as to why he was not informed about all
lawsuits filed by CAFI, the organization over which he was the executive director, DeMartini
explained to Chandler that she was Martin O'Boyle's key employee and the director on the board
of CAR to whom Chandler was to report. DeMartini further explained that she would be
directing the flow of litigation to the O'Boyle Law Firm and that she would be calling the shots.
• 91. DeMartini, a non -lawyer, attended law firm meetings with Chandler and
participated in reviews of all client matters, not just CAFI cases. She made personnel decisions
for the O'Boyle Law Firm and managed the alleged law firm's finances while claiming to be a
board member of CAFI.
92. During this same time, DeMartini demanded that Chandler produce a minimum
quota of 25 new lawsuits a week for the O'Boyle Law Firm to file.
93. In May 2014 DeMartini notified Chandler that she had full access to all of the
O'Boyle Law Firm's internal records and client files. She shared all client reports with Chandler,
not just reports concerning CAFI.
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• 94. After discovering that public records requests were being filed in the name of the
foundation without his knowledge, Chandler again directed that all public records requests on
behalf of CAR be made by himself, or at the very least, that he be advised they are being made.
95. On May 16, 2014, DeMartini asked Chandler for a recap of the number of cases
referred by CAFI to the O'Boyle Law Firm from January through May. DeMartini expressed her
frustration to Chandler that he has only generated 211 cases in the 12 weeks since CAR was
created
96. During May 2014 Chandler learned that the O'Boyle Law Firm had no written fee
agreements or engagement letters between the O'Boyle Law Firm and CAR
97. By the end of May, DeMartini and Jonathan O'Boyle continued to express their
frustration to Chandler. Chandler insisted on reviewing and verifying all lawsuits to be filed by
• CAR DeMartini and O'Boyle expressed concern that Chandler's review was slowing down the
flow of litigation generated by the firm.
98. By this point, it had become abundantly clear to Chandler that DeMartini, Ring
and O'Boyle were only concerned with the volume of cases that could be generated, and of
course the profits that could be had in such cases by way of fraudulent settlement demands,
rather than any public service. This suspicion was confirmed when Chandler's repeated attempts
to inform Ring and DeMartini of opportunities to work with civil rights groups, public agencies,
student groups and journalists on open government issues were completely ignored
99. In June 2014, it came fall circle. Chandler learned that Martin O'Boyle, Jonathan
O'Boyle, the O'Boyle Firm, Commerce Group, CAFI, Ring, and DeMartini were operating a
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• RICO Enterprise that was engaged in a scheme to defraud and extort the defendants with the
hundreds if not thousands of public records requests that were made.
100. The scheme involved the firm demanding monetary settlements on behalf of
CAR (or others) far beyond the actual attorneys' fees and expenses incurred and contemplated in
F.S. § 119.12, and to keep all of the proceeds, including the "windfall'. If the demands were not
met, then the scheme called for intimidation via threat of additional bogus public records
requests and frivolous litigation until the demands were met.
101. On June 30, 2014 Chandler arrived at the Commerce Group/CAFI/O'Boyle Law
Firm office and presented his letter of resignation to Ring. hnmediately thereafter, Marlin
O'Boyle demanded that Chandler retract his statement (in an email) confirming Jonathan
O'Boyle's complicity in the scheme to defraud and extort. Martin O'Boyle threatened Chandler
• that if he did not retract his statements concerning Jonathan O'Boyle's involvement in the
"windfall" scheme, Chandler would "force us to respond by making your life very unpleasant".
Thereafter Chandler refiised to retract the emails and Martin O'Boyle repeated his threats several
times.
102. As part of the scheme, the O'Boyle Law Firm has now filed hundreds of spurious
lawsuits on behalf of O'Boyle, O'Hare, CAFL and other pretextual entities and individuals
including Defendants CG, SDG, OPR, PAI, AH, Commerce GP, CGA, CRO, AE, CRG. These
defendants have become engaged in a massive scheme to generate and collect attorneys' fees
from Florida agencies and state contractors beyond any fees actually earned.
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• d. How the scheme operates: the Example of Gulf Stream.
103. The Town Of Gulf Stream has become the epicenter of the RICO Enterprises'
scheme—a sort of example, of what the Enterprise will do to all Class Members if allowed to
continue with its pattern of racketeering activity.
104. Through the RICO Enterprise, Defendants have joined forces to barrage the Town
with nearly 2,000 public records requests from fictitious e-mail addresses and purported not -for -
profits. (See Composite Exhibit `B.') Shortly thereafter, Defendants file suit against the Town,
asserting unreasonable delay and seeking fees under the Public Records Act. At the same time,
they threaten the Town that if it will not settle, it will be faced with hundreds of additional public
records requests and dozens of lawsuits, along with the crippling associated costs of both.
105. For instance, in the first 28 days of September, 2013, the Town received 121
. public records requests or approximately 6 requests per business day. All of those requests were
made by Defendant Chris O'Hare (115) or Joel Chandler (6). With the exception of two requests
made by O'Hare's attorney, Lou Roeder, Esq., all of O'Hare's requests were made to the Town
by inconspicuous e-mail addresses that failed to indicate the requests were made on behalf of
O'Hare: emailfmder.mail.mailR mail.com
RKNMr1N QUER PA
oublicdomearchQ®ail.com
Wwl.w.er.e.rei
permiLrecord.scarch(il mrail.com recordmublicRa
oo.com. and
account -
information aapacificwest.com
106. O'Hare's requests were not spread over time; instead, he barraged the Town with
multiple requests in a single day, e.g., 18 requests on September 4, 2013, 24 requests on
September 20, 2013 and 58 requests on September 23, 2013. (See Composite Exhibit On
September 29, 2013, a Sunday, O'Hare sent the Town approximately 40 public records requests
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• in a four (4) -hour period The Town responded to the requests, producing documents, providing
estimates of fees authorized by the Public Records Act or advising O'Hare that no responsive
documents existed O'Hare ultimately filed 7 lawsuits over those September 29, 2013, requests,
alleging that the Town unreasonably delayed in responding to his requests, and has continued to
litigate those suits solely to extract settlement payouts from the Town — even though documents
have been produced, he has failed to pay the required estimates or be has been unable to identify
responsive records that exist but were not produced
107. In the fust 20 days of January 2014, O'Hare made approximately 94 public
records requests to the Town by e-mail. Then, on January 21, 2014, O'Hare and O'Boyle joined
forces to hit the Town with 15 public records requests in a single day; O'Hare making his
requests by a -mail and O'Boyle making his in person. One of these was a request by O'Boyle for
a copy of the Town's sign -in -log. Although the Town produced the record to O'Boyle in less
than 2 business days, the newly formed O'Boyle Law Firm seized on the opportunity to sue the
Town on O'Boyle's behalf, asserting unreasonable delay and seeking attorney's fees.
108. By June 2014, the Enterprise had made more than 1,000 public records requests to
the Town and filed more than two dozen public records suits against it, including more than one
dozen suits seeking statutory attorneys' fees filed by The O'Boyle law Firm. In the month of
June 2014 alone, the Enterprise hit the Town with approximately 180 public records requests.
These requests were made by a -mail from Defendants O'Hare (using fictitious names), O'Boyle,
CAFI, SDG, CGA, AH and Commerce GP. As noted infra, O'Boyle and O'Hare then appeared
at the July 11, 2014 Town Commission meeting overtly threatening to cause the Town to spend
increased legal fees or settle with him at risk of continued public records requests and lawsuits.
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• e. How the scheme operates: the example of Wantman Group.
109. On Saturday, April 19, 2014, Wantman Group received an email from "An
Onomy" seeking the "Certificate of Insurance referenced on Page 6 of 16 of the South Florida
Water Management District contract 4600002690." A true and correct copy of the email is
attached as part of Composite Exhibit "D:'
110. Approximately 3 weeks later, on or around May 8, 2014, and without any further
inquiry to the Wantman Group, including a simple confumation that the public records request
was in fact received, CAFI, through its attorneys, Defendants Taylor and the O'Boyle Law Firm,
filed a two -count complaint seeking a copy of the requested record, an immediate hearing, a
declaration that Wantman Group violated Section 119.11, and of course, an award of attorneys'
fees and costs. A true and correct copy of the two -count complaint is attached hereto as part of
• Composite Exhibit "D."
111. In response to the two -count complaint, Wentman Group, through counsel, sent a
letter advising Mr. Taylor and CAM that "Wantman was not aware of the Chapter 119 request,"
as it was sent to an obscure individual and not the records custodian of Wantman. The letter also
attached a copy of the requested document "in the spirit of cooperation," and demanded that the
lawsuit be dismissed. A true and correct copy of the May 29, 2014 letter from counsel is
attached hereto as part of Composite Exhibit "D."
112. Before Wantman Group even filed its Answer and Defenses to the complaint,
Defendants Taylor, O'Boyle Law Firm, and CAR sent an email to Wantman Group's counsel
offering to settle the public records dispute for $3,923.00. A true and correct copy of the email
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0 and attached draft settlement agreement from Defendants Taylor, O'Boyle Law Firm and CAR
is attached hereto as part of Composite Exhibit "D."
113. Notwithstanding the document had now been produced voluntarily, Defendants
Taylor, the O'Boyle Law Firm, and CAFI refused to dismiss the lawsuit, requiring Wantmnn
Group to Answer the same.
114. Upon receipt of the Answer, Defendants Taylor, O'Boyle Law Firm, and CAR
immediately sent form discovery (not even tailored to the Wantman Group, but containing things
completely inapplicable to Wantman) as an indirect threat that more litigation is to follow if the
settlement demands are not assented to.
115. In all, Wantman Group has incurred substantial damages in having to respond to
the bogus records request and then defend against the frivolous litigation.
. 116. This scheme to defraud and extort has directly injured the Class members as well
as the Plaintiffs. To date, Gulf Stream has been injured in the amounts and categories set forth in
Composite Exhibit "E" and Exhibit "F" hereto.
117. In light of the foregoing, Plaintiffs were damaged as a direct result of the RICO
Enterprise based on Defendants' fraudulent claims, backed -up by Defendant's extortion and
threats calculated to cause Class Members to spend money responding to bogus public records
requests and defending frivolous lawsuits.
VL. COUNT I—Violation of 18 U.S.C. § 1964(a) and (c).
118. Plaintiffs' adopt and incorporate by reference paragraphs I through 117 above as
though fully set forth herein.
R OMAN MEEK. PA
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• 119. Plaintiffs' seek relief under 18 U.S.C. § 1964(a) of RICO to prevent and restrain
Defendants from committing future violations of section 1962, including, but not limited to,
ordering the Defendants to divest themselves of their interest in the Enterprise; impose
reasonable restrictions on the future activities or investments of the Defendants to ensure no
further engagement in a similar endeavor as described herein; and order dissolution of all
corporate defendants.
120. Plaintiffs also seek relief under 18 U.S.C. § 1964(c) of RICO, and seek threefold
the damages sustained by the Plaintiffs and the Class Members, along with costs of this suit,
including a reasonable attorney fee.
121. The Plaintiffs, and each Class Member that Plaintiffs represent are persons within
the meaning of 18 U.S.C. § 1964(c) and § 1961(3).
Is 122. 18 U.S.C. § 1962(c) makes it unlawful "for any penton employed by or associated
with any enterprise engaged in, or the activities of which affect; interstate or foreign commerce,
to conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs through
a pattern of racketeering activity." Through § 1964(c), "any person injured in his business or
property by reason of a violation of section 1962 of this chapter may sue therefore in any
appropriate United States District Court and shall recover threefold the damages he sustains and
the cost of the suit, including a reasonable attorney's fee...." Because the Plaintiffs, along with
the Class Members, were injured in their business or property by Defendants' violation of 1962,
they are entitled to threefold their damages, attorneys' fees and costs.
a. Tire Enterprise.
RKHMAN WUk PA
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• 123. The Defendants, through themselves and through their employees and agents,
formed a union and association -in -fact enterprise that engages in, and the activities of which
affect, interstate commerce. This Enterprise has as its goal, a scheme to defraud and intimidate
through acts of extortion, municipalities, municipal agencies, private contractors of
municipalities and anyone else subject to, or even arguably subject to, the Sunshine Law, into
paying unjustified, grossly inflated and fraudulent settlement amounts so as to create and
increase profits to the Enterprise.
124. Every Defendant had a role or position in the Enterprise, all of which worked
together towards the common goal of defrauding or extorting municipalities, municipal agencies,
private contractors of municipalities and anyone else subject to or even arguably subject to the
Sunshine Law. The Defendants' respective roles and their importance to the Enterprise, as well
• as how it advanced the interest of the Enterprise are as follows:
a. Martin O'Boyle: Martin O'Boyle is one of the engineers of the Enterprise's
scheme to defraud and extort, as well as its principal financier through his various
business entities. Martin O'Boyle directs the Enterprise, and is responsible for the
following actions taken to advance the goal of the Enterprise:
i. Financing the opening and continued existence of the O'Boyle Law Firm,
along with his son, Jonathan O'Boyle;
ii. Financing the opening and continued existence of CAR, OPR and PAI;
iii. Directing the operations of CAFI, OPR and PAI through his appointed
directors and key employees of his other business entities such as
Commerce Group.
RKHMAN &area, PA
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• iv. Utilizing his other business entities including Commerce Group, SDG,
AH, CGA, CRO, AE and CRE to make spurious, frivolous, and baseless
public records requests and to file resulting lawsuits to either generate
windfall fees for himself, Jonathan O'Boyle, Ring, DeMartini and the
O'Boyle Law Firm; or to extort a settlement payment for the victims.
v. Mandating, under threat of no funding, that:
1. CAFI file no less than 25 cases per week,
2. All cases filed by CAR and the other Defendants be referred to the
O'Boyle Law Firm; and,
3. All cases be settled for an amount substantially in excess of the
fees and costs incurred in the case.
b. Jonathan O'Boyle. Jonathan O'Boyle is one of the engineers of the Enterprise's
scheme to defraud and extort, along with his father Martin O'Boyle. To advance
the interest of the Enterprise, Jonathan O'Boyle has taken the following actions:
i. Creating, and sustaining the O'Boyle Law Firm, a necessary element of
the Enterprise;
ii. Filing spurious, frivolous, and baseless public records requests as well as
resulting lawsuits solely to generate windfall fraudulent and extortive fees
for Martin O'Boyle, Jonathan O'Boyle, Ring, DeMartini and the O'Boyle
Law Firm;
iii. Directing the prosecution of hundreds of public records suits filed by the
O'Boyle Law Firm throughout the State of Florida on behalf of other
RICHMAN GRIMIL PA
•
ir.i•w.err. r.m
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is members of the Enterprise including, but not limited to, his father Martin
O'Boyle, O'Hare, CAFI, Commerce Group, OPR, PAI, AH, CGA, CRO,
AE, and CRG.
iv. Ordering that public records suits be filed on behalf of Florida plaintiffs,
such as Chandler, without knowledge or consent of the Plaintiffs; and,
v. Ordering that, as a pattern and practice, all public records suits would be
settled for an amount substantially in excess of the actual fees and costs
incurred to generate a profit for the Enterprise, and directing that
settlement demands be made by the O'Boyle Law Firm to the Class
Members in accordance with this pattern and practice using the mail or
wires.
c. Christopher O'Hare. Christopher O'Hare has taken the following actions to
advance the Enterprise's scheme to defraud:
i. Filing spurious, frivolous, and baseless public records requests as well as
resulting lawsuits solely to generate fees for himself, Martin O'Boyle,
Jonathan O'Boyle and the O'Boyle Law Firm and,
ii. Fraudulently misrepresenting his identity in order to induce violation of
the Public Records Act and to avoid fees owed by him thereunder.
d. William Ring. William Ring is one of the engineers of the Enterprise's scheme to
defraud and extort, having served as Martin O'Boyle's "right-hand" for more than
25 years. To advance the interest of the Enterprise, Ring has taken the following
actions:
RIOIM/W GRFER, PA
• rrr•wavr�r�n
35
DENISE000268
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• L Assisting with the creation of not-for-profit Defendants CAFL PAI and
OPR for the sole purpose of generating fraudulent, extortive and windfall
attorney's fees by the filing and prosecution of frivolous public records
lawsuits;
ii. Directing the operations of CAFI through key employees of Martin
O'Boyle's other business entities such as Commerce Group.
iii. Mandating under threat of no funding, that:
1. All cases filed by CAFI and the other Defendants be referred to the
O'Boyle Law Firm; and,
2. All cases be settled for an amount substantially in excess of the
fees and costs incurred in the case.
• iv. Filing spurious, frivolous, and baseless public records requests as well as
resulting lawsuits solely to generate fees for Martin O'Boyle, Jonathan
O'Boyle, Ring, DeMartini and the O'Boyle Law Finn;
v. Ordering, that as a pattern and practice, all public records suits would be
settled for an amount substantially in excess of the actual fees and costs
incurred to generate a profit for the Enterprise; and,
vi. Purporting to serve as the Florida supervising attorney of the O'Boyle
Law Firm (notwithstanding his total lack of litigation experience) in order
to hide the fact that non -Florida attorney Jonathan O'Boyle is truly
directing the firm's activities, all in violation of the Rules Regulating the
Florida Bar.
RRNMAM GRFER. PA
• wr. W.err. r.tli
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• e. Denise DeMartini. Denise DcMartini is one of the engineers of the Enterprise's
scheme to defraud and extort, having served as Martin O'Boyle's "left-hand" for
more than 25 years. To advance the interest of the Enterprise, DeMartini has
taken the following actions:
i. Assisting with the creation of not-for-profit Defendants CAFI, PAI and
OPR for the sole purpose of generating fraudulent, extortive and windfall
attorney's fees by the filing and prosecution of frivolous public records
lawsuits;
ii. Directing the operations of CAR through key employees of Martin
O'Boyle's other business entities such as Commerce Group.
iii. Mandating under threat of no funding, that:
1. CAM file no less than 25 cases per week;
2. All cases filed by CAR and the other Defendants be referred to the
O'Boyle Law Firm; and,
3. All cases be settled for an amount substantially in excess of the
fees and costs incurred in the case.
iv. Ordering, that as a pattern and practice, all public records suits would be
settled for an amount substantially in excess of the actual fees and costs
incurred to generate a profit for the enterprise; and,
v. Managing the operations of the O'Boyle Law Firm while simultaneously
serving as an officer of its clients, including CAFI, and sharing
confidences of those clients.
DENISED00270
RKHMAM riMM PA
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0 £ Commerce Group. To advance the interest of the Enterprise, Martin O'Boyle's
real estate development company, the Commerce Group, has taken the following
actions:
i. Financing the opening and continued existence of the O'Boyle Law Firm
and the not-for-profit Defendants CAFI, OPR and PAI; and,
ii. Filing spurious, frivolous, and baseless public records requests as well as
resulting lawsuits solely to generate fees for Martin O'Boyle, Jonathan
O'Boyle, Ring, DeMartini and the O'Boyle Law Firm.
g. Public Awareness Institute, Inc. To advance the interests of the Enterprise, the
Florida not-for-profit PAI has taken the following actions:
i. Incorporating as a Florida not-for-profit corporation for the sole purpose
• of generating windfall attorney's fees by the filing and prosecution of
frivolous public records lawsuits; and,
ii. Filing spurious, frivolous, and baseless public records requests as well as
resulting lawsuits solely to generate windfall fees for Martin O'Boyle,
Jonathan O'Boyle, Ring, DeMartini and the O'Boyle Law Firm.
h. Citizens Awareness Foundation, Inc. To advance the interests of the Enterprise,
the Florida not-for-profit CAFI has taken the following actions:
i. Incorporating as a Florida not-for-profit corporation for the sole purpose
of generating windfall attorney's fees by the filing and prosecution of
frivolous public records lawsuits; and,
FUON ar W. Ea, PA
• xrr.w�INY�ra
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DENISE000271
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• ii. Filing spurious, frivolous, and baseless public records requests as well as
resulting lawsuits solely to generate fraudulent, extortive, and windfall
fees for Martin O'Boyle, Jonathan O'Boyle, Ring, DeMartini and the
O'Boyle Law Firm.
L Our Public Records, LLC. To advance the interests of the Enterprise, the
Florida not-for-profit OPR has taken the following actions:
i. Incorporating as a Florida not-for-profit corporation for the sole purpose
of generating windfall attorney's fees by the filing and prosecution of
frivolous public records lawsuits; and,
ii. Filing spurious, frivolous, and baseless public records requests as well as
resulting lawsuits solely to generate fraudulent, extortive and windfall fees
• for Martin O'Boyle, Jonathan O'Boyle, Ring, DeMartini and the O'Boyle
Law Firm
j. Stopdirtygovernment, LLC. To advance the interests of the Enterprise, SDG has
filed spurious, frivolous, and baseless public records requests as well as resulting
lawsuits solely to generate fraudulent, extortive and windfall fees for Martin
O'Boyle, Jonathan O'Boyle, Ring, DeMartini and the O'Boyle Law Firm.
k. Airline Highway, LLC. To advance the interests of the Enterprise, AH has filed
spurious, frivolous, and baseless public records requests as well as resulting
lawsuits solely to generate fiaudulent, extortive and windfall fees for Martin
O'Boyle, Jonathan O'Boyle, Ring, DeMartini and the O'Boyle Law Firm
DENISED00272
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0 1. Commerce GP, Inc.. To advance the interests of the Enterprise, Commerce GP
has filed spurious, frivolous, and baseless public records requests as well as
resulting lawsuits solely to generate fraudulent, extortive and windfall fees for
Martin O'Boyle, Jonathan O'Boyle, Ring, DeMartini and the O'Boyle Law Firm.
m. CG Acquisition Co., Inc. To advance the interests of the Enterprise, CGA has
filed spurious, frivolous, and baseless public records requests as well as resulting
lawsuits solely to generate fraudulent, extortive and windfall fees for Martin
O'Boyle, Jonathan O'Boyle, Ring, DeMartini and the O'Boyle Law Finn.
n. CRO Aviation, Inc.. To advance the interests of the Enterprise, CRO Aviation,
Inc. has filed spurious, frivolous, and baseless public records requests as well as
resulting lawsuits solely to generate fraudulent, extortive and windfall fees for
• Martin O'Boyle, Jonathan O'Boyle, Ring, DeMartini and the O'Boyle Law Firm.
o. Asset Enhancement, Inc. To advance the interests of the Enterprise, Asset
Enhancement, Inc. has filed spurious, frivolous, and baseless public records
requests as well as resulting lawsuits solely to generate fraudulent, extortive and
windfall fees for Martin O'Boyle, Jonathan O'Boyle, Ring, DeMartini and the
O'Boyle Law Firm
p. Commerce Realty Group, Inc. To advance the interests of the Enterprise, CRG
has filed spurious, frivolous, and baseless public records requests as well as
resulting lawsuits solely to generate fraudulent, extortive and windfall fees for
Martin O'Boyle, Jonathan O'Boyle, Ring, DeMartini and the O'Boyle Law Firm
RIWMAM GREEK, PA
• IYnl.w�[t�nwa
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• q. The O'Boyle Law Firm. At the center of the Enterprise's scheme to defraud, the
O'Boyle Law Firm has taken the following actions to advance the Enterprise's
interests:
i. Profiting from improper illegal, and unethical feeder and fee -sharing
relationships and sharing space with its non -lawyer clients, including
Defendants Commerce Group, CAFI, OPR and PAI;
ii. Filing spurious, frivolous, and baseless public records requests as well as
resulting lawsuits on behalf of its feeder clients, all of which are entities
affiliated with and funded by the Enterprise or its members; and,
iii. Using the mail and wires to demand that putative Class Members settle
public records lawsuits in an amount substantially in excess of the actual
• fees and costs incurred to generate a profit for the Enterprise and
fraudulently misrepresenting the amount of those fees and costs.
r. Ryan Witmer. Ryan Witmer is one of the engineers of the Enterprise's scheme to
defraud, along with his law school classmate and friend Jonathan O'Boyle. To
advance the interest of the Enterprise, Witmer took the following actions:
i. Creating the O'Boyle Law Firm and agreeing to serve as its purported
Florida supervising attorney in order to hide the fact that non -Florida
attorney Jonathan O'Boyle is truly directing the firm's activities, all in
violation of the Rules Regulating the Florida Bar;
ii. Causing the O'Boyle Law Firm to profit from improper illegal and
unethical feeder and fee -sharing relationships and to share space with its
al WAM GREK PA
• lA».Me�Yn rdi
41
DENISE000274
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non -lawyer clients, including Defendants Commerce Group, CAFI, OPR
and PAI;
iii. Facilitating the unlicensed practice of law by Jonathan O'Boyle;
iv. Filing spurious, frivolous, and baseless public records requests as well as
resulting lawsuits; and,
v. Using the mail and wires to demand that putative Class Members settle
public records lawsuits in an amount substantially in excess of the actual
fees and costs incurred to generate a profit for the Enterprise and
fraudulently misrepresenting the amount of those fees and costs.
s. Giovani Mesa. An attorney with the O'Boyle Law Firm, Mesa has taken the
following actions to advance the Enterprise's scheme to defraud:
• i. Filing spurious, frivolous, and baseless public records requests as well as
resulting lawsuits; and,
u. Using the mail and wires to demand that putative Class Members settle
public records lawsuits in an amount substantially in excess of the actual
fees and costs incurred to generate a profit for the Enterprise and
fraudulently misrepresenting the amount of those fees and costs.
t. Nickalaus Taylor. An attorney with the O'Boyle Law Firm, Taylor has taken the
following actions to advance the Enterprise's scheme to defraud:
i. Filing spurious, frivolous, and baseless public records requests as well as
resulting lawsuits; and,
RMMAN GPEER PA
42
DENISE000275
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0 ii. Using the mail and wires to demand that putative Class Members settle
public records lawsuits in an amount substantially in excess of the actual
fees and costs incurred to generate a profit for the Enterprise and
fraudulently misrepresenting the amount of those fees and costs.
125. The members of the Enterprise set forth above, function in a fashion so as to
become a continuing unit which furnishes a vehicle for the commission of the racketeering
activity set forth below. The continuity of the Enterprises' actions will be repeated in the future
if it is allowed to continue.
a. Pattern of Racketeering.
126. Pursuant to 18 U.S.C. § 1961(1), "racketeering activity" includes the predicate
crimes of mail fraud (18 U.S.C. § 1341), wire fraud (I8 U.S.C. § 1343), and extortion (18 U.S.C.
• 1951). Under to 18 U.S.C. § 1341, "whoever, having devised or intending to devise any scheme
or artifice to defraud, or for obtaining money or property by means of false or fraudulent
pretenses, representations, or promises... for the purpose of executing such scheme or artifice or
attempting so to do" and uses the mails or other commercial carrier to do so, commits mail fraud.
Similarly, under IS U.S.C. § 1343, "Whoever, having devised or intending to devise any scheme
or artifice to defraud, or for obtaining money or property by means of false or fraudulent
pretenses, representations, or promises, transmits or causes to be transmitted by means of wire,"
commits wire fraud. Under 18 U.S.C. § 1951, extortion is "the obtaining of property from
another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear
(including fear of economic loss) ....
Rl HMM Gama. PA
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• 127. All members of the Enterprise have committed at least one predicate act of mail
fraud, wire fraud, or extortion, which, when combined, constitutes a pattern of racketeering
undertaken by the Enterprise to accomplish the goals of the Enterprise. Examples of predicate
acts by each member of the Enterprise is set forth on the charts attached hereto as Composite
Exhibit "B"14 and Exhibit "F." (these charts are exemplary, and by no means exhaustive). In
addition to the mail and/or wire fraud predicate acts committed by the RICO Enterprises'
members, O'Hare and Martin O'Boyle have blatantly threatened to cause the Town to spend
increased legal fees or settle.
128. For example, at the July 11, 2014 Town Commission Meeting, O'Boyle said to
the commissions; "why would you spend $1,700 when on your very best day, best day you win
$450? ...You want to lower the legal fees, you want to get rid of the lawyer fees? What you
• spent you could have settled with this guy [O'Hare] ... You would have spent half the money and
everyone would have been happy."
129. At this same meeting, Martin O'Boyle, when addressing the Town's budget,
suggested that "you won't have to worry about millage rate" if the Town would "sit down and
try to solve" the issues with O'Hare—described by O'Boyle as `the guy that wants to do nothing
but file law suits...."
130. However, Mr. O'Hare's most obvious act of extortion occurred at a September
12, 2014 Commission Tentative Budget Hearing, when, while referencing the outstanding public
records requests, he stated: "There's a lot on the board and a lot more cumin'. Be so much easier
just to get this settled instead of spending more money each time the lawyers write a letter than it
14 Unless otherwise indicated, each of the Public Retards request contained in Composite Exhibit "B" was made via
email or facsimile and constitutes a use of the wires.
RIWMM GREER. PA
• rrr.war,`. a..d�
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• would take to settle some of these things." A month later, Mr. O'Hare reiterated these threats at
the October 10, 2014 Town Commission meeting, stating that "So many of these cases could be
resolved by just admitting guilt [and] paying the attorneys' fees .... I meant a typical public
records case settled for .....what was Joel Chandlers? Was it $1,500 to make him go away? And
yet you spend $20,000 saying no, we're not guilty and we're not gonna cooperate. That's just
not a good use of public money."
131. In addition to the verbal threats, Martin O'Boyle and O'Hare have also attempted
mutiny -styled rallies of the citizens to try and pressure the Town into settling the scores of public
records requests. In January of 2015, Martin O'Boyle and O'Hare published the "Gulf Stream
Patriot," a professionally prepaid bulletin in large part devoted to seeking support to force
settlement of all of the public records lawsuits. In this bulletin, O'Boyle and O'Hare suggest to
• the residents of the Town that: "Because of the stout costs, [of the public records litigation] the
residents are the ones being punished! Let's all hope a resolution is in sight; and the costs
disappear."
132. On the back page, the "Gulf Stream Patriot" states that the "hottest topic" in the
Town right now is the public records litigation. Accordingly, the bulletin then asks the readers to
answer the following question in an online survey: "Are you in favor of the Town reaching a
peaceful resolution with Mr. O'Boyle and Mr. O'Hare, which would end all the expenses and
litigation in a prompt fashion?"
133. Each of these statements made by either O'Boyle or O'Hare is an overt threat that
additional frivolous public retards requests and accompanying litigation will follow if the Town
RICHMAN GREEK PA
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• does not agree to settle the current cases. Accordingly, each of these statements is an act of
extortion, carried out to fiuther the goal of the scheme to defraud and extort.
134. Each of these actions is a regular way of doing business for the enterprise's
members and threatens repetition in the future.
b. Reliance.
135. The frivolous and often inconspicuous public records requests, as well as the false
and disguised identity of the requester, along with the fraudulent settlement demands that were
sent by the mails and the wires were justifiably relied upon by Plaintiffs and Class Members
when they paid the fraudulent and inflated settlement demands or when they retained additional
staff and spent additional resources in responding to the same.
c. Proximate Cause and Damages.
• 136. The wrongful conduct of the enterprise set forth above, including the acts of mail
fraud, wire fraud, and extortion have directly harmed the Plaintiffs and the Class Members. The
Plaintiffs and the Class members were and are being extorted to pay inflated and fraudulent
settlement demands based on the frivolous and often inconspicuous public records requests made
by the enterprise, amounts they would not otherwise have paid.
137. In addition, when the volume of the frivolous public records request began to
increase exponentially as the scheme to defraud and extort progressed, the Plaintiffs and Class
Members were forced to incur additional internal costs associated with having to try and respond
to the same. See the spreadsheet attached hereto as Composite Exhibit "E," setting forth the
amount of additional internal costs the Town was forced to absorb as a result of the Enterprises'
pattern of racketeering.
FUOfMM GMER PA
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138. Finally, the acts of extortion were directly intended to cause the Plaintiffs to spend
money defending frivolous actions having no nexus or relation to the original settlement
demands as to which they were being coerced to comply with and pay. The Plaintiffs had a pre-
existing right to be free from the threats of the previously unrelated public records requests and
frivolous litigation, and the resolution of the threatened public records requests and litigation
would not impact the resolution of the case in which the threats were made but for the
extortionate nature of the threats. The threatened public records requests and frivolous litigation
were simply used as leverage to influence and gain compliance with fraudulent settlement
demands made in unrelated cases—a tool to extort additional money fmm the Plaintiffs. See the
spreadsheet attached hereto as Exhibit "F' outlining the amount spent in defending against the
frivolous public records requests and accompanying litigation brought to achieve a simple yet
• calculated goal of causing the Town to hemorrhage money and consider settling.
139. There is no person who has more directly sustained these injuries than the
Plaintiffs and Class Members, and the injuries are a direct and intended result of the enterprise's
scheme to defraud the Plaintiffs, as well as the mail and win: fraud acts undertaken as part of the
scheme to defraud the Plaintiffs and Class Members.
140. Pursuant to 18 U.S.C. § 1964(c), Counter -Plaintiff requests an award of attorneys'
fees and costs for having to bring the instant suit.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs, on their own behalf and on behalf of all other similarly
situated, pray for relief and judgment as follows:
RKMMMI GREK PA
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• a. Certifying the proposed Class and approving Plaintiffs Town of Gulf Stream and
Wantman Group, Inc, as class representatives;
b. Appointing Richman Greer, P.A as class counsel;
c. Awarding Plaintiffs and the Class treble damages in an amount to be proven at
trial, along with costs, interest, an attorneys' fees; and
d. Entering whatever orders the Court deems necessary to divesting the Defendants
from their interest in the enterprise and imposing reasonable restrictions on the
future activities or investments of the Defendants to prohibit them from engaging
in a similar type endeavor,
e. Awarding any further relief the Court deems just and proper.
JURY DEMAND
Plaintiffs demand a trial by jury on all issues so triable.
Respectfully submitted this 12th day of February, 2015.
RICHMAN GREER, P.A.
• Counsel for Plaintiffs
One Clearlake Centre, Suite 1504
250 Australian Avenue, South
West Palm Beach, Florida 33401-5016
Telephone: (561) 803-3500
Facsimile: (561) 820-1608
By: lsl Gerald F. Richman
GERALD F. RICHMAN
Florida Bar No.: 066457
m ichman(&nchmant3eer.com
dcostorrisArichmmagmer.com
ERIC M. SODHI
Florida Bar No.: 0583871
esodbi@sichmanpseer.com
mramirezna.richmanereer.wm
RKHMM Barg, PA
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DENISEOD0281
Case 9:15-cv-80182-KAM Document 1 Entered on FLSD Docket 02/12/2015 Page 49 of 49
• LEORA B. FRELRE
Florida Bar No.: 0013488
Ifreire(&richmanereer.corn
•
WOiMAN CREFR PA
• r..i.w.arae. wai
49
DENISEOD0282
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
DENISE DEMARTINI,
Plaintiff,
V.
CASE NO.: 9:16-cv-81371-BB
TOWN OF GULF STREAM, WANTMAN
GROUP, INC., RICHMAN GREER, P.A.,
GERALD F. RICHMAN, and ROBERT A.
SWEETAPPLE,
Defendants.
PLAINTIFF'S RESPONSES AND OBJECTIONS TO
SWEETAPPLE'S FIRST SET OF INTERROGATORIES
Pursuant to Rule 33 of the Federal Rules of Civil Procedure, Plaintiff Denise DeMartini
("Plaintiff') respectfully submits these responses and objections (the "Responses") to Defendant
Robert Sweetapple's ("Sweetaoole") First Set of Interrogatories (the "Interrogatories") as
follows:
GENERAL RESPONSES AND OBJECTIONS
1. Plaintiff reserves all objections with respect to the relevance, materiality, or
admissibility of all information provided in response to the Interrogatories.
2. Plaintiff objects to the Interrogatories to the extent that no relevant timeframe is
provided to otherwise limit the scope of Plaintiff's responses. Unless otherwise agreed, Plaintiff
will limit her responses to information in existence from January 1, 2014 through the present
date.
DEFENDANTS
EXHBff
DESOUZA LAW, P.A.
101 NE THIRD AVENUE, SURE 1500 • FORT LAUDERDALE, FL 33301
TELEPHONE (954) 603-1340
3. Plaintiff reserves the right to supplement and/or amend these responses and
objections or to supply additional documents at any time if further information becomes
available to Plaintiff in the course of her diligence inquiries, through discovery, or otherwise.
4. The foregoing General Responses and Objections shall be considered as made, to
the extent applicable, in response to each of the Document Requests as if the General Responses
and Objections were fully set forth in each specific response, even if such response also sets
forth specific objections.
INTERROGATORIES
1. Please state the name, address, and telephone number of any person preparing or
aiding in the preparation of answers to these Interrogatories.
Response: Denise Colombo DeMartini; 345 Lake Point Place, Merritt Island, FL 32953.
Plaintiff may be contacted through undersigned counsel at 954-603-1340.
2. Identify each and every statement alleged in the Amended Complaint to have
been made by Robert Sweetapple, including, but not limited to: (a) who the statement was made
to; (b) the address and telephone number of that individual; (b) when the statement was made;
(d) where the statement was made; and (e) the substance of any such statements.
Response:
In July 2014, Sweetapple met with Joel Chandler (Plaintiff docs not have Mr. Chandler's
address or telephone number) in Lakeland, FL and stated to Mr. Chandler that Martin E.
O'Boyle, Mr. O'Boyle's son, Plaintiff, and various others associated with Mr. O'Boyle had
committed criminal acts of racketeering that Gulf Stream would be pursuing. On July 24, 2014,
Sweetapple met with Mark Hanna (Plaintiff does not have the address or telephone number of
Mr. Hanna) and Joanne O'Connor in a conference room at the Jones Foster offices in West Palm
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DESOUZA LAW, P.A.
101 NE THIRD AVENUE, SUITE 1500 • FORT LAUDERDALE„ FL 33301
TELEPHONE (954) 603-1340
Beach, FL. During this meeting, Sweetapple stated to Mr. Hanna that Mr. O'Boyle, Mr.
O'Boyle's son, Plaintiff, and various others associated with Mr. O'Boyle had committed acts of
extortion, abuse of process, and racketeering, and that both the Florida Bar and the state attorney
was investigating these crimes. On August 12, 2014, Sweetapple met with Mark Hanna at
Sweetapple's office in Boca Raton, FL. During this meeting, Sweetapple again stated to Mr.
Hanna that Mr. O'Boyle, Mr. O'Boyle's son, Plaintiff, and various others associated with Mr.
O'Boyle had committed acts of extortion, abuse of process, and racketeering, and that both the
Florida Bar and the state attorney was investigating these crimes. On September 3, 2014,
Sweetapple, Scott Morgan, Joanne O'Connor, Mark Hanna, Christopher O'Hare, and Lou
Roeder participated in a meeting regarding resolution of certain of Mr. O'Hare's lawsuits against
Gulf Stream. Plaintiff is not privy to the details of that meeting but believes that Sweetapple
again repeated his allegations that Plaintiff and others had committed racketeering violations and
were guilty of various other crimes.
3. List the names and addresses of all persons who are believed or known by you,
your agents, or your attorneys to have any knowledge concerning any of the alleged statements
made by Robert Sweetapple, and specify the subject matter about which the witness has
knowledge.
Response: Robert Sweetapple — information concerning the slanderous statements made by
Sweetapple; Mark Hanna — information concerning the slanderous statements made by
Sweetapple; Joel Chandler — information concerning the slanderous statements made by
Sweetapple; Scott Morgan — information concerning the slanderous statements made by
Sweetapple; Joanne O'Connor — information concerning the slanderous statements made by
Sweetapple; Christopher O'Hare — information concerning the slanderous statements made by
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DESOUZA LAW, P.A.
101 NE THIRD AVENUE., SUITE 1500 • FORT LAUDERDALE, FL 33301
TELEPHONE (954) 603-1340
Sweetapple. Plaintiff does not have addresses the aforementioned persons.
4. Identify any and all persons to whom Sweetapple "boasted" to that Plaintiff
Denise DeMartini and others "were conspiring together, were guilty of extortion, and were guilty
of violating the federal Racketeer Influenced and Corrupt Organizations Act," as alleged in
paragraph 26 of the Amended Complaint [D.E. 10].
Response: Mark Hanna, Joel Chandler, Scott Morgan, Joanne O'Connor.
5. Please state with specificity each and every date on which you allege Sweetapple
"boasted" to someone that Plaintiff Denise DeMartini and others "were conspiring together, were
guilty of extortion, and were guilty of violating the federal Racketeer Influenced and Corrupt
Organizations Act," as alleged in paragraph 27 of the Amended Complaint [D.E. 10].
Response: See response to Interrogatory No. 2. Discovery is ongoing.
6. Identify the individual who told Denise DeMartini that Sweetapple "boasted" to
others that Plaintiff Denise DeMartini and others "were conspiring together, were guilty of
extortion, and were guilty of violating the federal Racketeer Influenced and Corrupt
Organizations Act," as alleged in paragraph 26 of the Amended Complaint [D.E. 10].
Response: Plaintiff does not recall who told her about Sweetapple's statements, but believes
that she reviewed statements by Joel Chandler and a deposition transcript of Mark Hanna
concerning such statements.
7. State the facts and basis, if any, for your allegation that "Sweetapple's primary
motive in making the statements [described in paragraphs 26-28 of the Amended Complaint] was
not to report an alleged crime but rather to injure Plaintiffs reputation," as alleged in paragraph
31 of the Amended Complaint [D.E. 101.
Response: To Plaintiffs knowledge, neither Mark Hanna nor Joel Chandler work for or
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DESOUZA LAW, P.A.
101 NE TIIIRD AVENUE, SUITE 1500 • FORT LAUDERDALE, FL 33301
TELEPHONE (954) 603-1340
represent any law enforcement agency with investigative or prosecutorial authority. Further, at
the time Sweetapple made the aforementioned statements, Plaintiff was not associated in any
way — whether professionally or personally — with either Mr. Hanna or Mr. Chandler.
Sweetapple therefore did not make the aforementioned statements with a primary motive of
reporting a crime. Given Mayor Scott Morgan's multiple statements that the RICO lawsuit and
the various state court counterclaims were designed to stop the filing of public records lawsuits
and the fact that Sweetapple also boasted about getting to Martin E. O'Boyle by going after his
son, it appears to Plaintiff that Sweetapple was motivated by spite and a singular desire to injure
Plaintiff's reputation in such a way that she would cease her business and personal relationships
with the other alleged participants in the RICO `enterprise.'
8. Please state the facts and the basis for your allegation contained in paragraph 116
of the Amended Complaint [D.E. 10], wherein you claim to have "sustained substantial
damages" as a result of the Sweetapple's allegedly "false and malicious statements" described in
paragraphs 26-28 of the Amended Complaint [D.E. 10].
Response: Sweetapple's aforementioned statements accused Plaintiff of committing serious
violations of state and federal criminal laws. These statements damaged Plaintiff's reputation
with those that heard Sweetapple speak and substantially contributed to Gulf Stream's filing of
the RICO lawsuit and various state court counterclaims. Sweetapple's statements contributed to
Plaintiffs loss of employment with CRO Realty, Inc. and her subsequent inability to obtain
suitable employment.
9. Please state the grounds, reason, and condition, if any, of your termination from
CRO Realty, Inc., as discussed in paragraph 1 I of the Amended Complaint [D.E. 10].
Response: The filing of the RICO lawsuit and the various state court counterclaims by Gulf
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DESOUZA LAW, P.A.
101 NE THIRD AVENUE, SUITE 1500 • FORT LAUDERDALE, FL 33301
TELEPHONE (954) 603-1340
Stream caused a negative shift in morale and temperament at the offices of CRO Realty, Inc.
Plaintiff expressed concern to her employer about these lawsuits and the allegations that Plaintiff
was part of some purported criminal conspiracy. Plaintiffs employer became distracted by the
Gulf Stream lawsuits and eventually gave Plaintiff an ultimatum that she would be fired if she
did not voluntarily terminate her employment. When Plaintiff did not terminate her
employment, her employer demanded that she travel to the Deerfield Beach office (from Merritt
Island) 5 days a week every week (rather than the 3 days a week every other week that Plaintiff
was previously traveling to Deerfield Beach). Plaintiff understood at that time that her employer
would terminate her employment if she did not meet these travel demands. Because the RICO
lawsuit and the state court counterclaims had caused a severe negative shift in Plaintiff's
employer, had caused Plaintiffs employer to make unreasonable demands, and because Plaintiff
wanted to make clear that she was not part of the alleged `enterprise,' she was left with no choice
but to separate from CRO Realty, Inc, on June 13, 2015 after approximately 23 years employed
thereat.
10. Describe your affiliations and/or relations with Martin E. O'Boyle from January
2014 to present.
Response: Martin E. O'Boyle was Plaintiffs supervisor at CRO Realty, Inc. from January
2014 until June 13, 2015. Plaintiff does not have any other affiliations and/or relations with
Martin E. O'Boyle and has had no contact with Mr. O'Boyle since the termination of her
employment with CRO Realty, Inc.
11. Describe your affiliations and/or relations with the entities known as Citizens
Awareness Foundation, Inc., and The O'Boyle Law Firm, P.C., Inc., from January 2012 to
present.
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DESOUZA LAW, P.A.
101 NE THIRD AVENUE, SUITE 1500 • FORT LAUDERDALE, FL 33301
TELEPI ZONE (954) 603-1340
Response: In January 2014, Plaintiff was named as Citizens Awareness Foundation, Inc.'s
("CAFI") treasurer. In July 2014 (following Joel Chandler's resignation), corporate papers were
filed with Florida's Division of Corporations which named Plaintiff as CAFI's President and a
director. Plaintiff has never held any title or position with the O'Boyle Law Firm, P.C. She was
asked to assist the O'Boyle Law Firm with its initial setup which included accounting, legal
software, and database management. Plaintiff was not paid anything in addition to her normal
salary from CRO Realty, Inc. for any work done on behalf of the O'Boyle Law Firm.
12. State whether you have ever drafted, submitted, authorized the submission and/or
requested to submit on behalf of another individual or entity a public records request under
Chapter 119, Florida Statutes. For each public records request, identify who the request was
made on behalf of, when it was submitted, and whether it resulted in a lawsuit or settlement.
Response: On May 13, 2014, Plaintiff (on her own behalf) made a public records request to the
Custodian of Financial Records for Brevard County Parks for certain reports relating to Kiwanis
Island Park on Merritt Island, Florida. Plaintiff received the requested documents as requested.
Plaintiff does not recall any other public records request made by Plaintiff. From time to time
prior to June 13, 2015, Plaintiff may have authorized the making of public records requests on
behalf of CAFI, but Plaintiff does not recall any specific request that she was asked to authorize
and does not believe she ever sent any such request on CAFI's behalf.
13. State whether you have ever participated in or authorized the initiation of a
lawsuit claiming violation(s) of Chapter 119, Florida Statutes, individually or on behalf of
another individual or entity, against the Town of Gulf Stream.
Response: Plaintiff does not recall any occasion on which she participated in or authorized the
initiation of a lawsuit claiming violation(s) of Chapter 119. From time to time while serving as a
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DESOUZA LAW, P.A.
101 NE THIRD AVENUE, SUITE 1500 • FORT LAUDERDALE, FL 33301
TELEPHONE (954) 603-1340
director and President of CAFI, Plaintiff may have been asked to authorize the filing of such a
lawsuit, but Plaintiff does not (without reviewing CAFI's records which Plaintiff does not have)
recall any specific lawsuit/occasion.
14. Identify every company or entity to which you have submitted an application for
employment or resume, including the name, telephone number, and mailing address of each
company or entity and the person it was submitted to. For each company or entity, state and
describe the position for which you applied, including any mandatory prerequisites for
employment in that position.
Response: Plaintiff applied to approximately 97 different businesses/government agencies for
employment after her employment with CRO Realty was ended. Plaintiff will produce the e-
mail applications for each such employment position in response to Sweetapple's document
requests in lieu of summarizing 97 different applications. In addition to the aforementioned e-
mail applications, Plaintiff also applied to various employers directly on such employer's
websites, but Plaintiff does not at this time recall specific employers/positions as no e-mail
confirmation was provided to Plaintiff. Plaintiff obtained interviews with the City of Cape
Canaveral and the Brevard Sheriff's Office, but neither agency offered Plaintiff an employment
position.
Dated: October 31, 2016. DESOUZA LAW, P.A.
101 NE Third Avenue
Suite 1500
Fort Lauderdale, FL 33301
Telephone: (954) 603-1340
DD esouza(2Wesouzal aw. co m
By: /s/ Daniel DeSouza. Esq.
Daniel DeSouza, Esq.
Florida Bar No.: 19291
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DESOUZA LAW, P.A.
101 NE THIRD AVENUE, SUITE 1500 • FORT LAUDERDALE, FL 33301
TELEPHONE (954) 603-1340
CERTIFICATE OF SERVICE
I hereby certify that on October 31, 2016, I served the foregoing document via e-mail on:
(1) Defendant Town of Gulf Stream at: HochmanngjambFcom and haill iambg.com: (2)
Defendant Robert Sweetapple at: ioshua.Eoldstein(a),,cskle al.com. barrv.Dostmanacskleeal.com.
and Kalilauren.Sinclair(a)cskle alg com. (3) Defendant Wantman Group, Inc. at:
Robert.Tacher(a)PetersonBemard.com; and (4) Defendants Richman Greer, P.A. and Gerald F.
Richman at: icohenna.wickersmith.com.
DESOUZA LAW, P.A.
By: /s/ Daniel DeSouza, Esq.
Daniel DeSouza, Esq.
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DESOUZA LAW, P.A.
101 NE THIRD AVENUE, SUITE 1500 • FORT LAUDERDALE, FL 33301
TELEPHONE (954) 603.1340
VERIFICATION
I�rivahereby attest that the answers to the foregoing
interrogatories are true and correct to the best of my knowledge and belief,
/Affiant
The foregoing instrument was acknowledged before me, under oath, this L� day of
CCM --`or 2016 by'1-rY11�A 1oi%hili , who is personally known -AQ me or has produced
as identification.
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NOTARY PUBLIC
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DESOUZA LAW, P.A.
101 NE THIRD AVENUE, SUITE 1500 • FORT LAUDERDALE, FL 33301
TELEPHONE (954) 603-1340