HomeMy Public PortalAboutPRR 16-2257From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com]
Sent: Thursday, June 30, 2016 7:37 AM
To: Bill Thrasher <bthrasher@gulf-stream.org>; Rita Taylor <RTaylor@gulf-stream.org>;
rsweetapple@sweetapplelaw.com; cbailey@sweetapplelaw.com; GRichman@richmangreer.com;
DCostonis@richmangreer.com; RTrice@richmangreer.com; LTorres@bergersingerman.com;
KKadlac@richmangreer.com; mramirez@richmangreer.com; LFreire@richmangreer.com;
dvitale@sweetapplelaw.com
Subject: Request to Inspect Public Records - earliest 3 comm. between Sweetapple and Richman about
RICO
Dear Custodian of Records,
I request to inspect certain public records for the purpose of informing myself of the historic and current
workings of the Town of Gulf Stream and its associated entities, vendors, consultants, advisers, contractors
and agents. The records I wish to inspect may be material to current, anticipated or presently unforeseen legal
action. In addition, Inspection of these records is essential to my ability to make informed comments in an
upcoming public hearing. The production of any and all responsive records is therefore urgent and must be
acted upon in compliance with Florida Statutes and established case law as soon as possible.
Before making this public record request, I first searched online and in the public records portion of your
agency's website hoping I could locate the public records I seek without having to write you directly.
Unfortunately I cannot find the records I request to inspect.Therefore I am writing you now and requesting you
make every effort as required by law to produce these public records without delay. I believe the records I seek
to inspect may be in your custody AND/OR in the custody of entities under contract with your agency -
namely Sweetapple, Broeker & Varkus and Richman Greer, P.A.. As a courtesy to you and your contractors
and to assist In expediting my access to records responsive to this request I am notifying persons that may
have custody of these public records at the law firms of Sweetapple, Broeker & Varkus and Richman Greer,
P.A. of this request by copy of this email. Do not assume my act of copying these contractors with this request
relieves you of any of your duties under Florida Statute. I ask that you contact these entities yourself, inform
them of their obligations under Florida Statute and produce any responsive records in their custody as soon as
possible.
I make this request pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119 of the Florida
Statutes. I hereby reserve all rights granted to me under the Florida Constitution and Florida Statutes.
I ask that you take the following action:
• Read this entire request carefully and respond accordingly.
• If you are not the custodian of the public records described herein please determine who that person is
and notify me immediately in order that I may make this request to the appropriate person without
delay.
• Reference Florida Statutes and appropriate case law when responding to this record request.
• Do NOT produce any records other than records responsive to this request.
• Identify by name the person or persons responding to this request.
• Respond to this public record request in a singular manner and do not combine this request with any
other public record requests when responding to this request.
" O n c e y o u h a v e d e t e r m i n e d t h a t y o u d o o r d o n ' t h a v e a n y r e c o r d s i n y o u r c u s t o d y r e s p o n s i v e t o t h i s
r e q u e s t , i m m e d i a t e l y a c t t o o b t a i n a n y r e s p o n s i v e r e c o r d s t h a t m a y b e i n t h e c u s t o d y o f
y o u r c o n t r a c t o r ( s ) .
" P r o v i d e t h o s e r e c o r d s f o r i n s p e c t i o n t h a t d o n o t r e q u i r e e x t e n s i v e u s e o f i n f o r m a t i o n t e c h n o l o g i e s o r
e x t e n s i v e s t a f f t i m e o r b o t h i n e x c e s s o f 1 5 m i n u t e s a n d a l o n g w i t h t h e p r o d u c t i o n o f t h o s e r e c o r d s
p r o v i d e t h e c o s t f o r p r o d u c i n g t h e b a l a n c e o f t h e r e s p o n s i v e r e c o r d s .
A s b a c k g r o u n d t o t h i s r e q u e s t 1 c a l l y o u r a t t e n t i o n t o t h e d i s m i s s a l o f t h e T o w n ' s R I C O c o m p l a i n t b y
t h e E l e v e n t h C i r c u i t , f i l e d 0 6 / 2 1 - 2 0 1 6 i n C a s e : 1 5 - 1 3 4 3 3 . 1 u n d e r s t a n d t h i s d e c i s i o n c o n c l u d e s t h e
l i t i g a t i o n o f t h e R I C O p r o s e c u t i o n o f C h r i s t o p h e r O ' H a r e b y t h e T o w n o f G u l f S t r e a m . T h e r e f o r e r e c o r d s
p r e v i o u s l y e x e m p t f r o m s . 1 1 9 . 0 7 ( 1 ) a n d s . 2 4 ( a ) , A r t . I o f t h e S t a t e C o n s t i t u t i o n a r e n o l o n g e r
e x e m p t a n d m u s t b e p r o d u c e d f o r i n s p e c t i o n . H e r e i s t h a t s t a t u t e f o r y o u r r e f e r e n c e :
1 1 9 . 0 7 1 G e n e r a l e x e m p t i o n s f r o m i n s p e c t i o n o r c o p y i n g o f p u b l i c r e c o r d s .
( 1 ) A G E N C Y A D M I N I S T R A T I O N . ( d ) 1 . A p u b l i c r e c o r d t h a t w a s p r e p a r e d b y a n a g e n c y
a t t o r n e y ( i n c l u d i n g a n a t t o r n e y e m p l o y e d o r r e t a i n e d b y t h e a g e n c y o r e m p l o y e d o r r e t a i n e d b y
a n o t h e r p u b l i c o f f i c e r o r a g e n c y t o p r o t e c t o r r e p r e s e n t t h e i n t e r e s t s o f t h e a g e n c y h a v i n g
c u s t o d y o f t h e r e c o r d ) o r p r e p a r e d a t t h e a t t o r n e y ' s e x p r e s s d i r e c t i o n , t h a t r e f l e c t s a m e n t a l
i m p r e s s i o n , c o n c l u s i o n , l i t i g a t i o n s t r a t e g y , o r l e g a l t h e o r y o f t h e a t t o r n e y o r t h e a g e n c y , a n d
t h a t w a s p r e p a r e d e x c l u s i v e l y f o r c i v i l o r c r i m i n a l l i t i g a t i o n o r f o r a d v e r s a r i a l a d m i n i s t r a t i v e
p r o c e e d i n g s , o r t h a t w a s p r e p a r e d i n a n t i c i p a t i o n o f i m m i n e n t c i v i l o r c r i m i n a l l i t i g a t i o n o r
i m m i n e n t a d v e r s a r i a l a d m i n i s t r a t i v e p r o c e e d i n g s , i s e x e m p t f r o m S . 1 1 9 . 0 7 ( 1 ) a n d s . 2 4 ( a ) , A r t . I
o f t h e S t a t e C o n s t i t u t i o n u n t i l t h e c o n c l u s i o n o f t h e l i t i g a t i o n o r a d v e r s a r i a l a d m i n i s t r a t i v e
p r o c e e d i n g s .
I r e q u e s t t o i n s p e c t t h e t h r e e e a r l i e s t c r e a t e d r e c o r d s o f c o m m u n i c a t i o n b e t w e e n a n y a t t o r n e y a t
t h e f i r m O f S w e e t a p p l e , B r o e k e r & V a r k u s a n d a n y a t t o r n e y a t t h e f i r m o f R i c h m a n G r e e r . P . A . t h a t
i s w h o l l y o r p a r t l y c o n c e r n i n g R I C O * . P l e a s e d o n o t i n c l u d e a n y r e c o r d s o f c o m m u n i c a t i o n t h a t a r e
a l r e a d y a v a i l a b l e o n l i n e a s p a r t o f t h e T o w n ' s p u b l i s h e d m i n u t e s o f p u b l i c m e e t i n g s . T h e r e c o r d s
r e q u e s t t o i n s p e c t m a y i n c l u d e b u t n o t b e l i m i t e d t o e l e c t r o n i c r e c o r d s s u c h
a s e m a i l s , v o i c e m a i l , t e x t m e s s a g e s , s o c i a l m e d i a , a n d d i g i t a l f i l e s l o c a t e d o n c e l l
p h o n e s , c o m p u t e r h a r d d r i v e s , f l a s h d r i v e s , s e r v e r s , c l o u d s t o r a g e , g o o g l e d r i v e
a n d s i m i l a r f o r m s o f h a r d a n d s o f t e l e c t r o n i c d e v i c e s c a p a b l e o f c o n t a i n i n g
e l e c t r o n i c r e c o r d s .
F I R S T P R O D U C E R E C O R D S T H A T D O N O T R E Q U I R E E X T E N S I V E U S E O F I N F O R M A T I O N
T E C H N O L O G I E S O R E X T E N S I V E S T A F F T I M E O R B O T H I N E X C E S S O F 1 5 M I N U T E S A N D A L O N G
W I T H T H O S E R E C O R D S P R O V I D E T H E C O S T F O R P R O D U C I N G T H E B A L A N C E O F T H E R E S P O N S I V E
R E C O R D S .
*The word "RICO" as used above means the entire scope of the Town of Gulf Stream's RICO complaint
process from initial concept through consideration, planning, initiation, application, appeal and
resolution.
I ask you to take note of §119.07(1)(c) Florida Statues and your affirmative obligation to (1)
promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes
making reasonable efforts to determine from other officers or employees within the agency whether such a
record exists and, if so, the location at which the record can be accessed." I am, therefore, requesting that you
notify every individual and entity in possession of records that may be responsive to this public records request,
including individuals and entities under contract with your agency, to preserve and produce all responsive
records on an immediate basis.
If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or
disclosure please cite the specific exemption as required by §119.07(1)(e) of the Florida Statutes and state in
writing and with particularity the basis for your conclusions as required by §119.07(1 Kf) of the Florida Statutes.
Produce for my inspection all responsive records and ONLY redact that portion of the record that you consider
exempt. To be clear, if you consider an entire record to be exempt, produce that record In its entirety with all
portions redacted that you consider exempt. I specifically ask you to do this In order that I may Inspect fully
redacted records for the purpose of challenging a particular redaction or establishing a reference for a future
request of a record that Is only temporarily exempt, as in the case of a public record that was prepared by an
agency attorney exclusively for litigation and is only exempt from disclosure until the conclusion of the litigation.
I ask you to note that under 4119.07(2Na) of the Florida Statutes that a person who has custody of a public
record and who asserts that an exemption applies to a particular public record or part of such record shall
delete or excise from the record only that portion of the record with respect to which an exemption has been
asserted and validity applies, and such person shall produce the remainder of such record for inspection and
examination.
Again I ask that you provide only those records for inspection that do not require extensive use of information
technologies or extensive staff time or both in excess of 15 minutes. Take note of §119.07(4)(a)3.(d)
Florida Statues and if you anticipate that any records exist, the production for inspection of which will require
extensive use of information technologies or extensive staff time or both in excess of 15 minutes, then
please provide those records that can be produced within the first 15 minutes and advise me of the cost you
anticipate to be incurred by your agency for the remaining records prior to incurring this cost. Please do not
Incur any costs on my behalf without first obtaining my written authorization to proceed. If you produce only a
portion of all existing responsive records, please tell me that your response Includes only a portion of all
existing records responsive to this request.
If the public records being sought are maintained by your agency or contactors for your agency, in an electronic
format please produce the records in the original electronic format in which they were created or
received. See §119.01(2)(f), Florida Statutes.
If you anticipate the need to Incur any costs that I would be statutorily required to pay in order to inspect these
public records which would exceed $1.00 please notify me in advance of your incurring that cost with a written
estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages
and/or records, as well as to distinguish the cost of labor and materials. Again, please do not incur any costs on
my behalf without first obtaining my written authorization to proceed.
A record that does not exist because of its disposition requires the creation of a disposition record. In all
instances where you determine a record does not exist please determine if the record once existed and in its
replacement provide the disposition record for my inspection.
The term public records, as used herein, has the same meaning and scope as the definition of Public records
adopted by the Florida Legislature as 5119.011021of the Florida Statutes.
Please contact me at the email address shown below and request clarification if there is any part of this record
request you do not understand.
All responses to this public records request should be made In writing to the following email address:
chrisoharegulfstream@gmall.com
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
June 30, 2016
Chris O'Hare [mail to: chrisohareeulfstrearnPgrnail.coml
Re: GS #2257 (earliest 3 comm. between Sweetapple and Richman about RICO)
I request to inspect the three earliest created records of communication between any attorney at
the firm of Sweetapple, Broeker & Parkus and any attorney at the firm of Richman Greer, P.A. that
is wholly or partly concerning RICO* Please do not include any records of communication that
are already available online as part of the Town's published minutes of public meetings. The
records I request to inspect may include but not be limited to electronic records such as emails,
voice mail, text messages, social media, and digital files located on cell phones, computer hard
drives, flash drives, servers, cloud storage, google drive and similar forms of hard and soft
electronic devices capable of containing electronic records.
Dear Chris O'Hare [mail to: chrisohareeulfstreamccDgmail.coml,
The Town of Gulf Stream has received your public records requests dated June 30, 2016. The
original public record request can be found at the following link htto://www2.eulf-
stream.ora/weblink/0/doc/95015/Paael.asox. Please let this response be responsive for all parties.
Please be advised that the Town of Gulf Stream is currently working on a large number of
incoming public records requests. The Town will use its very best efforts to respond to you in a
reasonable amount of time with the appropriate response or an estimated cost to respond.
Sincerely, Town Clerk, Custodian of the Records
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via a -m
August 18, 2016
Chris O'Hare [mail to: chrisohareeulfstream(agrnail.com]
Re: GS #2185 (wantman - jf), GS #2186 (wantman — GS comm), GS #2188 (wantman — BS),
GS #2249 (RICO comm with attorneys at Jones Foster), GS #2251 (RICO comm between
and/or among attorneys at Richman Greer), GS #2252 (RICO comm with attorneys at
Jones Foster by Town staff), GS #2255 (records between and/or among attorneys at Jones
Foster Johnston & Stubbs P.A: RICO), GS #2257 (earliest 3 comm. between Sweetapple
and Richman about RICO), GS #2259 (earliest 3 comm. between Jones Foster and
Richman about RICO)
This is a request for records in your custody AND in the custody of contractors. Please
immediately forward this request to them for their production of records. Any and all public
records of communication between The Wantman Group (including all partners, employees and
agents) and the law firm of Jones Foster Johnston & Stubbs P.A. (including all attorney, partner
and employee members of that firm), the subject of which is wholly or partly regarding the
Town's RICO complaint and appeal against Christopher O'Hare.
This is a request for records in your custody AND in the custody of contractors. Please
immediately forward this request to them for their production of records. Any and all public
records of communication between The Wantman Group (including all partners, employees and
agents) and the Town of Gulf Stream (including all employees, appointees, ojficials, assignees,
and consultants including Town Manager, Town Clerk, Town Police Chief, Town
Commissioners, Town Mayor, Town Departments, Town Police Officers, Town Employees, Town
Engineer) the subject of which is wholly or partly regarding the Town's RICO complaint and
appeal against Christopher O'Hare.
This is a request for records in your custody AND in the custody of contractors. Please
immediately forward this request to them for their production of records. Any and all public
records of communication between The Wantman Group (including all partners, employees and
agents) and the law firm of Sweetapple, Broeker & IVarkus (including all attorney, partner and
employee members of that firm), the subject of which is wholly or partly regarding the Town's
RICO complaint and appeal against Christopher O'Hare.
I request to inspect all records of communication between any Town Commissioner of the Town
of Gulf Stream and any attorney at the firm of Jones Foster Johnston & Stubbs P.A. (the entire
firm known collectively as the Town Attorney) that is wholly or partly concerning RICO. Please
do not include any records of communication that are already available online as part of the
Town's published minutes ofpublic meetings.
I request to inspect all records of communication created by any attorney at the firm of Richman
Greer, P.A. that is wholly or partly concerning the Town of Gulf Stream's RICO complaint. I
remind you that any communication between and/or among attorneys at this firm that was made
on behalf of the Town is a record of the public's business and therefore it is a public record and
subject to disclosure as per §119.07 of the Florida Statutes and Article 1, Section 24 of the
Florida Constitution.
I request to inspect all records of communication between any member of the Town staff
(including Town Manager and Town Clerk) of the Town of Gulf Stream and any attorney at the
firm of Jones Foster Johnston & Stubbs P.A. (the entire firm known collectively as the Town
Attorney) that is wholly or partly concerning RICO. Please do not include any records of
communication that are already available online as part of the Town's published minutes of
public meetings.
I request to inspect any internal* record created by any attorney at the firm of Jones Foster
Johnston & Stubbs P.A. the subject matter of which is wholly orpartly concerning the Town of
Gulf Stream's RICO complaint**. These records I request to inspect include but are not limited
to any record that was prepared by any attorney at the firm of Jones Foster Johnston & Stubbs
P.A. or prepared at the express direction of any so described attorney, that: • reflects a mental
impression, conclusion, litigation strategy, or • legal theory of the attorney or the agency, or
that was prepared exclusively for civil or criminal litigation or for adversarial administrative
proceedings, or • that was prepared in anticipation of imminent civil or criminal litigation or
imminent adversarial administrative proceedings, These records may include but not be limited
to electronic records such as emails, voice mail, text messages, social media, and digital files
located on cell phones, computer hard drives, flash drives, servers, cloud storage, google drive
and similar forms of hard and soft electronic devices capable of containing electronic records.
PLEASE NOTE: • FIRST PRODUCE FOR MYINSPECTIONANYRECORDS OF INTERNAL
COMMUNICATIONBETWEENAND AMONG PERSONS 17V THE FIRMINCL UDING
RECORDS THAT MAYNOT HAVE BEEN COPIED OR SHARED WITHANYPERSONS
OUTSIDE THE FIRM. • PRODUCE RECORDS THAT DO NOT REQUIRE EXTENSIVE USE
OF INFORMATION TECHNOLOGIES OR EXTENSIVE STAFF TIME OR BOTH IN EXCESS
OF 15 MINUTESAND ALONG WITH THOSE RECORDS PROVIDE THE COST FOR
PRODUCING THE BALANCE OF THE RESPONSIVE RECORDS *The word "internal" as
used above means a record of communication between and among persons in the firm; a record
created by a person in the firm for the primary purpose of recording and making available
information or knowledge to persons in the firm; a record archived in the firm which documents,
memorializes or otherwise records an event, fact, impression, opinion, strategy, plan, or
conclusion. **The phrase "RICO complaint" as used above means the entire scope of the Town
of Gulf Stream's RICO complaint process from initial inspiration through consideration,
planning, initiation, application, appeal and resolution.
I request to inspect the three earliest created records of communication between any attorney at
the firm of Sweetapple, Broeker & Varkus and any attorney at the firm of Richman Greer, P.A.
that is wholly or partly concerning RICO*. Please do not include any records of communication
that are already available online as part of the Town's published minutes of public meetings. The
records I request to inspect may include but not be limited to electronic records such as emails,
voice mail, text messages, social media, and digital files located on cell phones, computer hard
drives, flash drives, servers, cloud storage, google drive and similar forms of hard and soft
electronic devices capable of containing electronic records.
I request to inspect the three earliest created records of communication between any attorney at
the firm of Jones Foster Johnston & Stubbs, P.A. and any attorney at the firm of Richman Greer,
P.A. that is wholly or partly concerning RICO*. Please do not include any records of
communication that are already available online as part of the Town's published minutes of
public meetings. The records I request to inspect may include but not be limited to electronic
records such as emails, voice mail, text messages, social media, and digital files located on cell
phones, computer hard drives, flash drives, servers, cloud storage, google drive and similar
forms of hard and soft electronic devices capable of containing electronic records.
Dear Chris O'Hare [mail to: chrisoharegulfstream(@, mail.coml,
The Town of Gulf Stream has received your public records requests dated May 18, 2016, May
19, 2016, May 20, 2016, June 24, 2016, June 25, 2016, June 26, 2016, June 28, 2016, June 30,
2016, July 1, 2016 and July 2, 2016. The original public record requests can be found at the
following links:
http://www2.gulf-stream.org/weblink/0/doc/90746/Pa
eg l.asnx
http://www2.gulf-stream.org/weblink/O/doc/90745/Pagel.aspx
httT)://www2.gulf-stream.org/weblink/O/doc/90814/Pagel.asi)x
htW://www2.gulf-stream.org/weblink/O/doc/94484/Pagel.aspx
httv://www2.gulf-stream.org/weblink/O/doc/94678/Pagel.asvx
htW://www2.gulf-stream.org/weblink/O/doc/94684/Pagel.asl2x
htti)://www2.galf-stream.org/weblink/O/doc/94727/Pagel.asl)x
httv://www2.gulf-stream.org/weblink/O/doc/95015/Pagel.asi3x
http://www2.gulf-stream.org/weblink/O/doc/95239/Pagel.aspx
Your statement that records regarding the RICO lawsuit are no longer subject to the work
product exemption under the Public Records Act is incorrect.
Indeed, the RICO suit is not concluded for purposes of the work product exemption under the
Public Records Act because of your filing of post judgment motions. See Wagner v. Orange Cty,
960 So. 2d 785 (Fla. 5th DCA 2007). As a result, to respond to each of the foregoing requests
will require extensive clerical or supervisory assistance. Specifically, the records that you seek
will need to be reviewed by the Town's attorneys to determine if they were created by counsel
exclusively for litigation or in anticipation of imminent litigation and reflect the mental
impressions, conclusions, litigation strategies, or legal theories of the Town's attorneys or
otherwise exempt under Florida Statutes § 119.0171(1)(d)I until the conclusion of the litigation.
The Town is willing to hold this request in abeyance until such time as the RICO lawsuit is
concluded for purposes of the work product exemption under the Public Records Act. Please
advise whether you would like the Town to do so or whether you would like estimates of the cost
that will be incurred to review and redact all of the records that you seek for work product
privileged material.
Sincerely,
Town Clerk
Custodian of the Records
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
September 22, 2016
Chris O'Hare [mail to: chrisohareeulfstream(ia gmail.com
Re: GS #2185 (wantman - jt), GS #2186 (wantman — GS comm), GS #2188 (wantman — BS),
GS #2249 (RICO comm with attorneys at Jones Foster), GS #2251 (RICO comm between
and/or among attorneys at Richman Greer), GS #2252 (RICO comm with attorneys at
Jones Foster by Town staff), GS #2255 (records between and/or among attorneys at Jones
Foster Johnston & Stubbs P.A.- RICO), GS #2257 (earliest 3 comm. between Sweetapple
and Richman about RICO), GS #2259 (earliest 3 comm. between Jones Foster and
Richman about RICO)
This is a request for records in your custody AND in the custody of contractors. Please
immediately forward this request to them for their production of records. Any and all public
records of communication between The Wantman Group (including all partners, employees and
agents) and the law firm of Jones Foster Johnston & Stubbs P.A. (including all attorney, partner
and employee members of that firm), the subject of which is wholly or partly regarding the
Town's RICO complaint and appeal against Christopher O'Hare.
This is a request for records in your custody AND in the custody of contractors. Please
immediately forward this request to them for their production of records. Any and all public
records of communication between The Wantman Group (including all partners, employees and
agents) and the Town of Gulf Stream (including all employees, appointees, officials, assignees,
and consultants including Town Manager, Town Clerk, Town Police Chief, Town
Commissioners, Town Mayor, Town Departments, Town Police Officers, Town Employees, Town
Engineer) the subject of which is wholly or partly regarding the Town's RICO complaint and
appeal against Christopher O'Hare.
This is a request for records in your custody AND in the custody of contractors. Please
immediately forward this request to them far their production of records. Any and all public
records of communication between The Wantman Group (including all partners, employees and
agents) and the law firm of Sweetapple, Broeker & varkuus (including all attorney, partner and
employee members of that firm), the subject of which is wholly or partly regarding the Town's
RICO complaint and appeal against Christopher O'Hare.
I request to inspect all records of communication between any Town Commissioner of the Town
of Gulf Stream and any attorney at the firm of Jones Foster Johnston & Stubbs P.A. (the entire
firm known collectively as the Town Attorney) that is wholly or partly concerning RICO. Please
do not include any records of communication that are already available online as part of the
Town's published minutes ofpublic meetings.
I request to inspect all records of communication created by any attorney at the firm of Richman
Greer, P.A. that is wholly or partly concerning the Town of Gulf Stream's RICO complaint. I
remind you that any communication: between and/or among attorneys at this firm that was made
on behalf of the Town is a record of the public's business and therefore it is a public record and
subject to disclosure as per §119.07 of the Florida Statutes and Article 1, Section 24 of the
Florida Constitution.
1 request to inspect all records of communication between any member of the Town staff
(including Town Manager and Town Clerk) of the Town of Gulf Stream and any attorney at the
firm of Jones Foster Johnston & Stubbs P.A. (the entire firm known collectively as the Town
Attorney) that is wholly or partly concerning RICO. Please do not include any records of
communication that are already available online as part of the Town's published minutes of
public meetings.
I request to inspect any internal* record created by any attorney at the firm of Jones Foster
Johnston & Stubbs P.A. the subject matter of which is wholly or partly concerning the Town of
Gulf Stream's RICO complaint**. These records I request to inspect include but are not limited
to any record that was prepared by any attorney at the firm of Jones Foster Johnston & Stubbs
P.A. or prepared at the express direction of any so described attorney, that: • reflects a mental
impression, conclusion, litigation strategy, or • legal theory of the attorney or the agency, or
that was prepared exclusively for civil or criminal litigation or far adversarial administrative
proceedings, or • that was prepared in anticipation of imminent civil or criminal litigation or
imminent adversarial administrative proceedings, These records may include but not be limited
to electronic records such as emails, voice mail, text messages, social media, and digital files
located on cell phones, computer hard drives, flash drives, servers, cloud storage, google drive
and similar forms of hard and soft electronic devices capable of containing electronic records.
PLEASE NOTE: • FIRST PRODUCE FOR MYINSPECTIONANY RECORDS OF INTERNAL
COMMUNICATION BETWEENAND AMONG PERSONS IN THE FIRMINCLUDING
RECORDS THAT MAY NOT HAVE BEEN COPIED OR SHARED WITHANYPERSONS
OUTSIDE THE FIRM. • PRODUCE RECORDS THAT DO NOT REQUIRE EXTENSIVE USE
OF INFORMATION TECHNOLOGIES OR EXTENSIVE STAFF TIME OR BOTHINEXCESS
OF 15 MINUTES AND ALONG WITH THOSE RECORDS PROVIDE THE COST FOR
PRODUCING THE BALANCE OF THE RESPONSIVE RECORDS. *The word "internal" as
used above means a record of communication between and among persons in die firm; a record
created by a person in the firm for the primary purpose of recording and making available
information or knowledge to persons in the firm; a record archived in the firm which documents,
memorializes or otherwise records an event, fact, impression, opinion, strategy, plan, or
conclusion. **The phrase "RICO complaint" as used above means the entire scope of the Town
of Gulf Stream's RICO complaint process from initial inspiration through consideration,
planning, initiation, application, appeal and resolution.
I request to inspect the three earliest created records of communication between any attorney at
the firm of Sweetapple, Broeker & Varkus and any attorney at the firm of Richman Greer, P.A.
that is wholly or partly concerning RICO*. Please do not include any records of communication
that are already available online as part of the Town's published minutes ofpublic meetings. The
records I request to inspect may include but not be limited to electronic records such as emails,
voice mail, text messages, social media, and digital files located on cell phones, computer hard
drives, flash drives, servers, cloud storage, google drive and similar forms of hard and soft
electronic devices capable of containing electronic records.
I request to inspect the three earliest created records of communication between any attorney at
the firm of Jones Foster Johnston & Stubbs, P.A. and any attorney at the firm of Richman Greer,
P.A. that is wholly or partly concerning RICO*. Please do not include any records of
communication that are already available online as part of the Town's published minutes of
public meetings. The records I request to inspect may include but not be limited to electronic
records such as emails, voice mail, text messages, social media, and digital files located on cell
phones, computer hard drives, flash drives, servers, cloud storage, google drive and similar
forms of hard and soft electronic devices capable of containing electronic records.
Dear Chris O'Hare [mail to: chrisoharegulfstreamna,gmail.coml,
The Town of Gulf Stream has received your public records requests dated May 18, 2016, May
19, 2016, May 20, 2016, June 24, 2016, June 25, 2016, June 26, 2016, June 28, 2016, June 30,
2016, July 1, 2016 and July 2, 2016. The original public record requests can be found at the
following links:
httu://www2.gulf-stream.ore/weblink/0/doc/90746/Pagel.aspx
httn://www2.gulf-stream.org/weblink/O/doc/90745/Pagel.asvx
http://www2.gulf-stream.org/weblink/O/doc/90814/Pagel.ast)x
http://www2.gulf-stream.org/weblink/0/doc/94484/Pa eg l.asax
http://www2.gulf-stream.org/weblink/O/doc/94678/Pagel.aspx
httu://www2.gulf-stream.org/weblink/0/doc/94684/Pa eg 1_aspxx
httr)://www2.gulf-stream.org/weblink/O/doc/94727/Pagel.aspx
http://www2.gulf-stream.org/weblink/O/doc/95015/Pagel.asvx
hLtp://www2.gulf-stream.org/weblink/O/doc/95239/Pagel.asr)x
On August 18, 2016, we sent you an e-mail stating that the Town is willing to hold these requests
in abeyance until such time as the RICO lawsuit is concluded for purposes of the work product
exemption under the Public Records Act. Please advise whether you would like the Town to do
so or whether you would like estimates of the cost that will be incurred to review and redact all
of the records that you seekfor work product privileged material.
As you know, the Town's policy is if we do not hear back from you within 30 days of our
response to you, we will consider the request closed. It is now past the 30 day mark. We are
willing to give you an additional 30 days to advise whether you would like the Town to hold the
above record requests in abeyance until such time as the RICO lawsuit is concluded for purposes
of the work product exemption under the Public Records Act or whether you would like
estimates of the cost that will be incurred to review and redact all of the records that you seek for
work product privileged material. If we do not hear back from you within 30 days of this letter,
we will consider these requests closed.
Sincerely,
jz"I f oW". 9wr
As requested by Rita Taylor
Town Clerk, Custodian of the Records
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
December 6, 2016
Chris O'Hare [mail to: chrisohareeulfstream(7a gmail.coml
Re: GS #2257 (earliest 3 comm. between Sweetapple and Richman about RICO)
I request to inspect the three earliest created records of communication between any attorney at
the firm of Sweetapple, Broeker & Yarkus and any attorney at the firm of Richman Greer,
P.A. that is wholly or partly concerning RICO*. Please do not include any records of
communication that are already available online as part of the Town's published minutes of
public meetings. The records I request to inspect may include but not be limited to electronic
records such as emails, voice mail, text messages, social media, and digital files located on cell
phones, computer hard drives, flash drives, servers, cloud storage, google drive and similar
forms of hard and soft electronic devices capable of containing electronic records.
Dear Chris O'Hare [mail to: chrisohareeulfstreamna gmail.coml:
The Town of Gulf Stream received your public records requests on June 30, 2016. You should
be able to view your request and partial response at the following links:
httv://www2.gulf-stream.org/weblink/O/doc/95015/Paiiel.aspx
The Town interprets your request to include correspondences between any attorney or someone
acting on his or her behalf. The Town has spent well in excess of 15 minutes on your request to
determine those records responsive to these requests. While we believe these are the three
earliest communications responsive to this request, to be sure of that fact, the Town requests
approximately an additional hour of paralegal support at $125.00 per hour, the labor cost of the
personnel providing the service, per Fla. Stat. § I I9.07(4)(d). If the costs of producing these
documents will exceed your deposit, the Town will provide you with an initial production of
responsive records and an estimate for the production of any additional responsive records. If the
costs of production are less than the deposit, the Town will provide you with the responsive
records and a refund.
(One hour at $125.00) = Deposit Due: $125.00 in cash or check.
Upon receipt of your deposit, the Town will use its very best efforts to further respond to your
public records request in a reasonable amount of time. If we do not hear back from you within
30 days of this letter, we will consider this request closed.
Sincerely,
{Zati ee ZOW44, F"
As requested by Rita Taylor
Town Clerk, Custodian of the Records
IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA
TOWN OF GULF STREAM, CASE NO.:
DIVISION:
Plaintiff,
V.
MARTIN E. O'BOYLE, JONATHAN
O'BOYLE, DENISE DEMARTINI,
WILLIAM RING, CHRISTOPHER O'HARE,
COMMERCE GROUP, INC., THE O'BOYLE
LAW FIRM, P.C., INC., and CITIZENS
AWARENESS FOUNDATION, INC.
Defendants.
FA
COMPLAINT
Plaintiff, TOWN OF GULF STREAM, sues Defendants, MARTIN E. O'BOYLE,
JONATHAN O'BOYLE, DENISE DEMARTINI, WILLIAM RING, CHRISTOPHER O'HARE,
COMMERCE GROUP, INC., THE O'BOYLE LAW FIRM, P.C., and CITIZENS AWARENESS
FOUNDATION, INC., and says:
JURISDICTION AND VENUE
1. This is a cause of action for damages in excess of $15,000 and for injunctive relief and
is within this court's jurisdiction.
2. The wrongful and criminal acts complained of herein occurred in Palm Beach County,
Florida. Venue is therefore appropriate in this court
3. All conditions precedent and necessary to bring this action have either been
performed, have occurred, have been waived or otherwise excused.
PARTIES
4. Plaintiff, Town of Gulf Stream, (hereinafter referred to as "Gulf Stream") is a Florida
municipal Corporation located in Palm Beach County, Florida
Town of Gulfstream v. Martin E. O'Boyle, et al.
CASE NO. (PALM BEACH COUNTY)
juris.
juris.
juris.
juris.
5. Defendant, Martin O'Boyle, is a resident of Palm Beach County, Florida and is sui
6. Defendant, Jonathan O'Boyle, is a resident of Palm Beach County, Florida and is sui
7. Defendant, Denise DeMartini, is a resident of Broward County, Florida and is sui
8. Defendant, William Ring, is a resident of Broward County, Florida and is sui juris.
9. Defendant, Christopher O'Hare, is a resident of Palm Beach County, Florida and is sui
10. Defendant, Commerce Group Inc., is a Florida Profit Corporation with its principal
place of business in Deerfield Beach Florida, which conducts business in Palm Beach County,
Florida.
11. Defendant, The O'Boyle Law Firm, P.C., Inc., is a Foreign Profit Corporation,
purporting to be an interstate law firm, with its principal place of business in Deerfield Beach Florida,
which conducts business in Palm Beach County, Florida.
12. Defendant, Citizens Awareness Foundation, Inc., is an alleged Florida Non -Profit
Corporation with its principal place of business in Deerfield Beach Florida, which conducts business
in Palm Beach County, Florida.
FACTUAL ALLEGATIONS
13. Jonathan O'Boyle caused the O'Boyle Law Firm to be formed as a Pennsylvania
Corporation on November 14, 2013.
2
Town of Gulfstream v. Martin E. O'Boyle, et al.
CASE NO. (PALM BEACH COUNTY)
14. Upon information and belief, at the time of registering the O'Boyle Law Firm, P.C.,
Inc. (hereinafter referred to as the "O'Boyle Law Firm"), as a Florida foreign profit corporation, the
O'Boyle Law Firm had no real business presence in Philadelphia, Pennsylvania.
15. It further appears that at that time:
a. The O'Boyle Law Firm did not own or lease any commercial space in
Pennsylvania.
b. The O'Boyle Law Firm did not have a business telephone line in Pennsylvania.
c. The O'Boyle Law Firm had no employees and paid no salaries in Pennsylvania.
d. The O'Boyle Law Firm did not pay city or state taxes in Pennsylvania.
e. The O'Boyle Law Firm did not obtain an occupational license to conduct business
in the City of Philadelphia.
f The O'Boyle Law Firm's sole principal, officer and director, Jonathan O'Boyle,
used his Florida cell phone number (561-758-1223), as the firm telephone number.
g. Jonathan O'Boyle is a member of the Pennsylvania Bar, but not of the Florida Bar.
It. Jonathan O'Boyle advised the Pennsylvania Bar that he is an out-of-state attorney
with an address in Gulf Stream, Florida.
i. Jonathan O'Boyle advised the Pennsylvania Bar that his address is in the Town of
Gulf Stream, Florida at 23 N. Hidden Harbour Drive, his parent's home address.
16. Before and during January 2014, Martin O'Boyle and his son, Jonathan O'Boyle, met
for the purposes of developing a criminal scheme 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 request with municipalities, government entities and state contractors throughout
3
Town of Gulfstream v. Martin E. O'Boyle, et al.
CASE NO. (PALM BEACH COUNTY)
the State of Florida and to develop lawsuits for his firm to prosecute in Florida and "shake down"
local government for legal fees.
17. Prior to forming the not-for-profit Corporation, Martin O'Boyle already had an
extensive history filing public requests in New Jersey, Florida and elsewhere. Martin O'Boyle uses
the public records request process in abusive fashion to file thousands of requests and to file vexatious
and frivolous lawsuits in order to cripple local governments into granting his development plans and
other demands.
18. In the case of Martin E. O'Boyle v. Peter Isen, 2014 WL 340104 (N.J.Super.A.D.),
issued by the Superior Court of New Jersey, Appellate Division, on appeal from case no. L-2341-08 is
attached hereto as Exhibit "V. The Court noted,
From September 2007 through early July 2008, plaintiff and members of his
family filed multiple requests pursuant to the Open Public Records Act (OPRA),
N.J.S.A. 47:1A-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.
In the Isen case, Martin O'Boyle sued a resident of Longport for claiming Martin O'Boyle was "the
enemy of Longport". The suit for defamation was dismissed by summary judgment and affirmed by
the appellate court.
19. Similarly, when his daughter was being prosecuted for driving under the influence,
Martin O'Boyle inundated the Palm Beach County State Attorney's Office both individually and
through companies he controls with over 1,300 requests for public records. (Attached hereto as
Exhibit "2")
Ll
Town of Gulfstream v. Martin E. O'Boyle, et at.
CASE NO. (PALM BEACH COUNTY)
20. O'Boyle Law Firm clients have filed _ public records requests to Gulf Stream since
February 10, 2014. The O'Boyle Law Firm has filed _ public records lawsuits against the City of
Gulf Stream since February 10, 2014.
21. Upon information and belief, The O'Boyle Law Firm has filed public records
requests lawsuits throughout the state since its incorporation in Florida.
22. By January 2014 Jonathan O'Boyle was residing with his parents in Gulfstream,
Florida, had passed the Pennsylvania Bar and become a member of the Pennsylvania Bar. Jonathan
O'Boyle advised the Pennsylvania Bar that he was not actively practicing in Pennsylvania and was in
fact residing in Gulfstream, Florida.
23. By January 2014 Jonathan O'Boyle had taken the Florida Bar exam but was not a
member of the Florida Bar. Jonathan and his father desired that Jonathan begin practicing in Florida.
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 Inc., (hereinafter referred to as
"Commerce Group") located in Deerfield Beach Florida. Both Martin O'Boyle and Commerce Group
financed all activities of the O'Boyle Law Firm.
24. Recognizing that the filing of thousands of public records requests would lead to
litigation and statutory fee entitlements, Martin O'Boyle and Jonathan O'Boyle decided to form one
or more not-for-profit entities as a front to make public records requests and create litigation for the
O'Boyle Law Firm.
25. During 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
61
Town of Gulfstream v. Martin E. O'Boyle, et at.
CASE NO. (PALM BEACH COUNTY)
records requests and in public records request litigation throughout the State of Florida. 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 and the O'Boyles discussed the soon to be created Florida
O'Boyle Law Firm's capacity for handling public records request litigation throughout the state.
26. As a result of the meetings, Martin O'Boyle decided to incorporate an alleged
not-for-profit entity by the name of Citizens Awareness Foundation, Inc., (hereinafter referred to as
"CAFI"). The true purpose of the foundation was actually to make as many public records requests as
possible to government agencies and state contractors in order to create frivolous and vexatious
litigation in Florida for the O'Boyle Law Firm. Martin O'Boyle agreed that he would fund the
pretextual foundation and the pretextual law firm, through his own personal funds and through his
enterprise, Commerce Group. 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.
27. Martin O'Boyle also agreed with Chandler that he would hire Chandler to serve as the
Executive Director of CAFI. 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 the foundation and the O'Boyle Law Firm were operated from a room located in
Martin O'Boyle's Commerce Group offices.
28. Prior to meeting the O'Boyle's, Chandler had earned approximately $5,000.00 during
the year 2013. Upon opening the alleged foundation, Martin O'Boyle agreed to pay Chandler
S 120,000.00 per year and to provide him with a car to drive around the state to make public records
0
Town of Gulfstream v. Martin E. O'Boyle, et al.
CASE NO. (PALM BEACH COUNTY)
requests. Martin O'Boyle advised Chandler that he would entirely fund the foundation and law firm
on an unlimited basis including the payment of all court filing fees.
29. On January 27, 2014, Chandler was hired to act as Executive Director and CAFI was
incorporated. No board meetings were called or occurred. Instead, Martin O'Boyle undertook to
direct the foundation, through his operatives that he placed on the board. Martin O'Boyle threatened
to stop the flow of money when his orders were not followed by CAFI.
30. As instructed, Chandler began creating public records requests and legal claims and
referring these to the alleged O'Boyle law firm. By February 24, 2014 the flow of litigation caused
Chandler to expresses concern that the O'Boyle Law Firm was not adequately prepared for upcoming
hearings.
31. In March 2014, Chandler suggested that one lawsuit, CAFI v. Barnes & Noble College
Bookstore, be referred to the Thomas & LoCicero law firm in Tampa for filing. Chandler was advised
by Martin O'Boyle's operatives that all public record request lawsuits by the foundation must be
referred to the O'Boyle Law Firm for filing.
32. From January to at least July of 2014 Jonathan O'Boyle resided permanently at his
parents' home in Gulf Stream, Florida. During that time Jonathan O'Boyle directed the O'Boyle Law
Firm from his father's offices at Commerce Group, including removing attorneys who were handling
CAFI cases. At no time did Chandler direct that specific attorneys be removed from CAFI cases or
authorize such personnel change. These decisions were made and directed by Jonathan O'Boyle.
33. Despite the fact that Jonathan was not a Florida licensed attorney, he also offered
Chandler legal counsel with regard to Chandler's own personal cases pending in the State of Florida.
(Attached hereto as Exhibit 11311). Jonathan O'Boyle further emailed Chandler to advise that he had
assigned a Florida pending case to himself to handle. (Attached hereto as Exhibit `14").
7
Town of Gulfstream v. Martin E. O'Boyle, et al.
CASE NO. (PALM BEACH COUNTY)
34. At the end of March and in early April 2014, Chandler learned that William Ring and
Martin O'Boyle were making unauthorized public records requests directed to the Town Of Gulf
Stream, allegedly at the behest of CAFI.
35. In April 2014 Defendant Denise DeMartini (hereinafter referred to as "DeMartini")
explained to Chandler that she was Martin O'Boyle's key employee and the director on the board of
CAFI, to whom Chandler was to report. DeMartini further explained that she would be directing the
flow of litigation to the O'Boyle Law Firm.
36. Also during April, DeMartini advised Chandler that Martin O'Boyle had approved the
CAFI mission statement. DeMartini 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.
37. During April 2014 DeMartini demanded that Chandler produce a minimum of 25 new
lawsuits a week for the alleged O'Boyle law firm to file.
38. During this time Chandler also learned from an attorney at the O'Boyle Law Firm that
Jonathan O'Boyle had been drafting lawsuits and filing them under the attorney's name without the
attorney's knowledge or consent. (Attached hereto as Exhibit "5"). Chandler was informed that this
was done on more than one occasion and that Jonathan O'Boyle directed lawyers in the firm on
settlement strategies.
39. In May 2014 DeMartini notified Chandler that she had full access to all of the O'Boyle Law
Finn's internal records and client files. She shared all client reports with Chandler, not just reports
concerning CAFI.
0
Town of Gulfstream v. Martin E. O'Boyle, et al.
CASE NO. (PALM BEACH COUNTY)
40. Based upon Chandler's learning that public records requests were being filed in the name of the
foundation without his approval, Chandler again directed that all public records requests on behalf
of CAM be made by Chandler and Chandler alone.
41. On May 16, 2014 DeMartini asked Chandler for a recap of the number of cases that were referred
by the foundation to the O'Boyle Law Firm during January through May. DeMartini expressed
her frustration to Chandler that he has only generated 211 cases in the 12 weeks since CAFI was
created.
42. On May 19, 2014 Chandler met with Ring and DeMartini and again demanded that public records
requests and lawsuits cease being filed without his knowledge or approval. After consulting with
Martin O'Boyle, Ring and DeMartini agreed that this would no longer occur and confirmed that
Chandler had the sole authority to make public records requests as well as to commence or to
settle public record request lawsuits. Despite this, the O'Boyle Law Firm again filed another
lawsuit against the town of Gulf Stream allegedly on behalf of CAFI without Executive Director
Chandler's knowledge or approval.
43. 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 CAFI.
44. At the end of May 2014, DeMartini repeatedly requested that Chandler prepare verified
complaints to be used by the O'Boyle Law Firm in public records request litigation. She
specifically requested a template that could be used by the O'Boyle Law Finn. Chandler refused
to comply with this demand and explained that his independent attorney had expressed concern
that such action might constitute unauthorized practice of law. Despite this, DeMartini continued
to attempt to coax Chandler to draft lawsuits for the O'Boyle Law Firm.
E
Town of Gulfstream v. Martin E. O'Boyle, et al.
CASE NO. (PALM BEACH COUNTY)
45. 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 the foundation.
DeMartini and O'Boyle expressed concern that Chandler's review was slowing down the flow
of litigation generated by the firm.
46. 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 rather than any public service.
Chandler's repeated attempts to infonn Ring and DeMartini of opportunities to work with civil
rights groups, public agencies, student groups and journalists on open government issues were
completely ignored.
47. On May 28 2014, DeMartini emailed Chandler demanding that more cases be filed.
48. On June 2, 2014 William Ring denied Chandler's request for authorization to refer cases to other
law firms besides the O'Boyle Law Firm.
49. On June 11, 2014 Chandler met with his private attorneys concerning what he perceived as
serious ethical issues regarding CAFI and the O'Boyle Law Firm. His attorneys unanimously
recommended to Chandler that he resign from the alleged foundation.
50. On June 12, 2014, Chandler met with Barbara Peterson of the Florida First Amendment
Foundation to seek her counsel on his concerns about the alleged foundation and the O'Boyle
Law Firm. Barbara Peterson advised Chandler to resign and that his resignation should be made
publicly.
51. On or about June 16 Chandler learned that Martin O'Boyle's Commerce Group receptionist
Mohler had been directed by Martin O'Boyle to file lawsuits against the Town of Gulf
Stream naming CAFI as plaintiff. Mohler also disclosed that she had been using the CAFI email
10
Town of Gulfstream v. Martin E. O'Boyle, et al.
CASE NO. (PALM BEACH COUNTY)
address without Chandler's knowledge or consent at the direction of Martin O'Boyle and
Commerce Group in order to serve public records requests on behalf of CAFI.
52. In June 2014. Chandler learned that the O'Boyle Law Firm was engaged in an attorneys' fee
"windfall scheme". The scheme involved the firm demanding monetary settlements on behalf of
CAFI 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".
53. Ring, Jonathan O'Boyle and DeMartini requested that Chandler approve the scheme. Thereafter
Chandler learned that Ring, DeMartini and Jonathan O'Boyle actually represented that Chandler
had approved the scheme, even though he had vehemently objected to it. (Attached hereto as
Exhibit "V).
54. On June 19, Ring and DeMartini advised they were resigning from the board of CAFI and that
Chandler would become a board member and president. Chandler responded by calling Ring and
inquiring "Do I have any say in this?" Ring responded by saying that the decision had been made
and that he and DeMartini would be working more closely with the law firm and that Ring would
become a partner in the law firm.
55. At the same time Chandler learned that Mohler was continuing to make public records requests at
Martin O'Boyle's direction to the town of Gulf Stream. These were made to appear as if they were
being made on behalf of the Citizens Awareness Foundation even though Chandler was unaware
of the requests and never consented to these being made by CAFI.
56. On June 23, 2014 amended articles are filed on behalf of CAF with the Florida Secretary of State.
These dropped Ring and DeMartini as board members. Peter DiLeo, Kathleen Laca and Joel
Chandler were listed as new members of the board along with Brenda Russell. Chandler was
named as the president. Chandler was never consulted nor did he authorize such change.
Town of Gulfstream v. Martin E. O'Boyle, et al.
CASE NO. (PALM BEACH COUNTY)
57. In late June 2014 Chandler learned that the law firm was still engaging in the "windfall" scheme
by demanding and collecting more in legal fees than was actually earned in filed cases. (Attached
hereto as Exhibit 167)
58. When Chandler expressed his outrage he was advised that the "windfall" settlements were in
accordance with the O'Boyle Law Firm policy. Chandler decided at that time that was "the final
straw" and drafted his letter of resignation.
59. On June 27, 2014 Ring advised Chandler not to direct his concerns about the fine's "windfall"
scheme to attorneys at the O'Boyle Law Finn, but instead to deal with Ring.
60. On June 30, 2014 Chandler arrived at the Commerce Group/CAF/O'Boyle Law Firm office and
presented his letter of resignation to Ring. Immediately thereafter Martin O'Boyle demanded that
Chandler retract his email confirming Jonathan O'Boyle's complicity in the "windfall" scheme.
(Attached hereto as Exhibit 11811). Martin O'Boyle threatened Chandler that if he did not retract
his email concerning Jonathan O'Boyle's involvement in the "windfall" scheme, Chandler would
"force us to respond by making your life very unpleasant". Thereafter Chandler refused to retract
the emails and Martin O'Boyle repeated his threats several times.
61. Upon Chandler's resignation, DeMartini continued to seek Chandler's help in accessing data so
that more lawsuits could be filed, allegedly on behalf of CAFI. Ring echoed the request seeking
assistance from Chandler to locate data to allow additional lawsuits to be filed by the alleged
O'Boyle Law Finn.
62. As part of the scheme the O'Boyle Law Firm has now filed hundreds of spurious lawsuits on
behalf of the CAFI and other pretextual entities and individuals. 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.
12
Town of Gulfstream v. Martin E. O'Boyle, et al.
CASE NO. (PALM BEACH COUNTY)
63. The O'Boyle Law Firm is not a bona fide interstate law firm and is actually engaged in the
unauthorized practice of law. It has no legal right to initiate any litigation or to demand or collect
attorneys' fees.
64. In furtherance of the , the O'Boyle Law Firm, which is not a lawful interstate law firm, has
repeatedly transmitted settlement demands to municipalities and other government agencies
based upon fraudulent representation of attorneys' fees incurred and has collected monies which
are not and were not owed.
65. Thereafter Chandler sent the following letter to numerous recipients. (Attached hereto as Exhibit
«9").
66. He thereafter provided the following voluntary sworn statement. (Attached hereto as Exhibit
"10").
Respectfully submitted,
SWEETAPPLE, BROEKER & VARKAS, PL
Counsel for Plaintiff
20 S.E. 3`d Street
Boca Raton, Florida 33432
Telephone: (561) 392-1230
E-Mail:pleadings@sweetapplelaw.com
f�
13
ROBERT A. SWEETAPPLE
Florida Bar No. 0296988
Renee Basel
From: Cynthia Bailey <cbailey@sweetapplelaw.com>
Sent: Wednesday, August 6, 2014 3:16 PM
To: grichman@richmangreer.com; OConnor, Joanne M.
Subject: O'Boyle
Attachments: Complaint.docx; Possible Legal Theo ries.Gulfstream.docx
Good afternoon,
Attached please find Bob's proposed Complaint and list of Possible Legal Theories for your review. Additionally, he has
indicated that he is attempting to schedule a meeting for Tuesday. Thank you.
Very truly yours,
CYNTHIA J. BAILEY
Certified Paralegal / Florida Certified Paralegal / Florida Registered Paralegal
Sweetapple, Broeker & Varkas, P.L.
20 SE 3rd Street
Boca Raton, FL 33432
(561) 392-1230 (t) x. 305
(561) 394-6102 (f)
CBailev(@sweetapplelaw.com
www.sweetapplebroeker.com
Our address has changed. Please update your files
to indicate our new address. Thank you.
STATEMENT OF CONFIDENTIALITY
The information in this e-mail is confidential and may be legally privileged. If you are not the named
addressee, or if this message has been addressed to you in error, you are directed not to read,
disclose, reproduce, distribute, disseminate, maintain, save or otherwise use this email. Please
contact the sender at the above number immediately. Delivery of this message to any person other
than the intended recipient(s) is not intended in any way to waive privilege or confidentiality.
POSSIBLE LEGAL THEORIES
• Pure bill of discovery
• Declaratory judgment
• Racketeering influenced corrupt organization
• Civil remedies for criminal wrongdoing
• Class action on behalf of other governmental entities who have been defrauded out of
money
• Abuse of process
• Fraud
• Unauthorized practice of law
• Injunction
• Champerty or maintenance
• Bar complaint
ISSUES
• Are the Citizen Awareness Foundation and other foundations formed by Martin
O'Boyle bona fide?
• Is the O'Boyle law firma bona fide interstate law firm? Is the firm or Jonathan O'Boyle
engaged in the unauthorized practice of law?
• Is the use of runners or alter egos to fabricate public records requests and lawsuits
permissible?
• Does the defendant's conduct in using contrived foundations or aliases amount to wire
or mail fraud to the extent these requests and demands for inflated attorneys' fees
were sent by email?
• What is the effect of public records requests being served and lawsuits being filed by
Martin O'Boyle and the O'Boyle Law Firm on behalf of the Citizens Awareness
Foundation when this was not authorized by the Executive Director?
" C a n c l a i m s f o r a b u s e o f p r o c e s s b e b r o u g h t a g a i n s t C h r i s t o p h e r O ' H a r e f o r b r i n g i n g
d o z e n s o f l a w s u i t s a n d f i l i n g m u l t i p l e p u b l i c r e c o r d s r e q u e s t i n o r d e r t o c o m p e l t h e
t o w n t o i s s u e h i m a b u i l d i n g p e r m i t ?
" W h a t a r e t h e r a m i f i c a t i o n s o f t h e O ' B o y l e L a w F i r m n o t h a v i n g w r i t t e n c o n t i n g e n c y o r
f e e a g r e e m e n t s w i t h C i t i z e n s A w a r e n e s s F o u n d a t i o n o r o t h e r s ?
" W h a t a r e t h e r a m i f i c a t i o n s o f t h e O ' B o y l e L a w F i r m r e p r e s e n t i n g t h a t i t i s o w e d
a t t o r n e y s ' f e e s i n e x c e s s o f a c t u a l t i m e e x p e n d e d ?
" C a n c o n t i n g e n c y f e e s a n d l o a d s t a r m u l t i p l i e r s b e u t i l i z e d u n d e r t h e c u r r e n t s c e n a r i o ?
" A r e o t h e r v i c t i m s w i l l i n g t o j o i n i n e f f o r t s t o s t o p t h e s e a b u s e s ?
" H a s J o n a t h a n O ' B o y l e c o m m i t t e d p e r j u r y i n h i s p r o h o c v i c e a p p l i c a t i o n s ?
" W h a t c r i m i n a l r e m e d i e s a r e a v a i l a b l e t o t h e t o w n a n d o t h e r v i c t i m s f o r t h e s e a b u s e s ?
Renee Basel
From: Cynthia Bailey <cbailey@sweetapplelaw.com>
Sent: Wednesday, August 6, 2014 3:15 PM
To: 9richman@richmangreer.com; JOConnor@jonesfoster.com
Subject: O'Boyle
Attachments: Complaint.docx; Possible Legal Theories.Gulfstream.docx
Good afternoon,
Attached please find Bob's proposed Complaint and list of Possible Legal Theories for your review. Additionally, he has
indicated that he is attempting to schedule a meeting for Tuesday. Thank you.
Very truly yours,
CYNTHIA J. BAILEY
Certified Paralegal / Florida Certified Paralegal / Florida Registered Paralegal
Sweetapple, Broeker & Varkas, P.L.
20 SE 3rd Street
Boca Raton, FL 33432
(561) 392-1230 (t) x. 305
(561) 394-6102 (f)
CBailey(a)sweetapplelaw. com
www.sweetapplebroeker.com
Our address has changed. Please update your files
to indicate our new address. Thank you.
STATEMENT OF CONFIDENTIALITY
The information in this e-mail is confidential and may be legally privileged. If you are not the named
addressee, or if this message has been addressed to you in error, you are directed not to read,
disclose, reproduce, distribute, disseminate, maintain, save or otherwise use this email. Please
contact the sender at the above number immediately. Delivery of this message to any person other
than the intended recipient(s) is not intended in any way to waive privilege or confidentiality.
IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA
TOWN OF GULF STREAM, CASE NO.:
DIVISION:
Plaintiff,
V.
MARTIN E. O'BOYLE, JONATHAN
O'BOYLE, DENISE DEMARTINI,
WILLIAM RING, CHRISTOPHER O'HARE,
COMMERCE GROUP, INC., THE O'BOYLE
LAW FIRM, P.C., INC., and CITIZENS
AWARENESS FOUNDATION, INC.
Defendants.
COMPLAINT
Plaintiff, TOWN OF GULF STREAM, sues Defendants, MARTIN E. O'BOYLE,
JONATHAN O'BOYLE, DENISE DEMARTINI, WILLIAM RING, CHRISTOPHER O'HARE,
COMMERCE GROUP, INC., THE O'BOYLE LAW FIRM, P.C., and CITIZENS AWARENESS
FOUNDATION, INC., and says:
JURISDICTION AND VENUE
1. This is a cause of action for damages in excess of $15,000 and for injunctive relief and
is within this court's jurisdiction.
2. The wrongful and criminal acts complained of herein occurred in Palm Beach County,
Florida. Venue is therefore appropriate in this court
3. All conditions precedent and necessary to bring this action have either been
performed, have occurred, have been waived or otherwise excused.
PARTIES
4. Plaintiff, Town of Gulf Stream, (hereinafter referred to as "Gulf Stream") is a Florida
municipal Corporation located in Palm Beach County, Florida
Town of Gulfstream v. Martin E. O'Boyle, et al.
CASE NO. (PALM BEACH COUNTY)
juris.
juris.
juris.
juris.
5. Defendant, Martin O'Boyle, is a resident of Palm Beach County, Florida and is sui
6. Defendant, Jonathan O'Boyle, is a resident of Palm Beach County, Florida and is sui
7. Defendant, Denise DeMartini, is a resident of Broward County, Florida and is sats
8. Defendant, William Ring, is a resident of Broward County, Florida and is sui juris.
9. Defendant, Christopher O'Hare, is a resident of Palm Beach County, Florida and is sui
10. Defendant, Commerce Group Inc., is a Florida Profit Corporation with its principal
place of business in Deerfield Beach Florida, which conducts business in Palm Beach County,
Florida.
11. Defendant, The O'Boyle Law Finn, P.C., Inc., is a Foreign Profit Corporation,
purporting to be an interstate law firm, with its principal place of business in Deerfield Beach Florida,
which conducts business in Palm Beach County, Florida.
12. Defendant, Citizens Awareness Foundation, Inc., is an alleged Florida Non -Profit
Corporation with its principal place of business in Deerfield Beach Florida, which conducts business
in Palm Beach County, Florida.
FACTUAL ALLEGATIONS
13. Jonathan O'Boyle caused the O'Boyle Law Firm to be formed as a Pennsylvania
Corporation on November 14, 2013.
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Town of Gulfstream v. Martin E. O'Boyle, et al.
CASE NO. (PALM BEACH COUNTY)
14. Upon information and belief, at the time of registering the O'Boyle Law Firm, P.C.,
Inc. (hereinafter referred to as the "O'Boyle Law Firm"), as a Florida foreign profit corporation, the
O'Boyle Law Firm had no real business presence in Philadelphia, Pennsylvania.
15. It further appears that at that time:
a. The O'Boyle Law Firm did not own or lease any commercial space in
Pennsylvania.
b. The O'Boyle Law Firm did not have a business telephone line in Pennsylvania.
c. The O'Boyle Law Firm had no employees and paid no salaries in Pennsylvania.
d. The O'Boyle Law Firm did not pay city or state taxes in Pennsylvania.
e. The O'Boyle Law Firm did not obtain an occupational license to conduct business
in the City of Philadelphia.
f The O'Boyle Law Firm's sole principal, officer and director, Jonathan O'Boyle,
used his Florida cell phone number (561-758-1223), as the firm telephone number.
g. Jonathan O'Boyle is a member of the Pennsylvania Bar, but not of the Florida Bar.
It. Jonathan O'Boyle advised the Pennsylvania Bar that he is an out-of-state attorney
with an address in Gulf Stream, Florida.
i. Jonathan O'Boyle advised the Pennsylvania Bar that his address is in the Town of
Gulf Stream, Florida at 23 N. Hidden Harbour Drive, his parent's home address.
16. Before and during January 2014, Martin O'Boyle and his son, Jonathan O'Boyle, met
for the purposes of developing a criminal scheme 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 request with municipalities, government entities and state contractors throughout
3
Town of Gulfstream v. Martin E. O'Boyle, et al.
CASE NO. (PALM BEACH COUNTY)
the State of Florida and to develop lawsuits for his firm to prosecute in Florida and "shake down"
local government for legal fees.
17. Prior to forming the not-for-profit Corporation, Martin O'Boyle already had an
extensive history filing public requests in New Jersey, Florida and elsewhere. Martin O'Boyle uses
the public records request process in abusive fashion to file thousands of requests and to file vexatious
and frivolous lawsuits in order to cripple local governments into granting his development plans and
other demands.
18. In the case of Martin E. O'Boyle v. Peter Isen, 2014 WL 340104 (N.J.Super.A.D.),
issued by the Superior Court of New Jersey, Appellate Division, on appeal from case no. L-2341-08 is
attached hereto as Exhibit "1". The Court noted,
From September 2007 through early July 2008, plaintiff and members of his
family filed multiple requests pursuant to the Open Public Records Act (OPRA),
N.J.S.A. 47:1A-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.
In the Isen case, Martin O'Boyle sued a resident of Longport for claiming Martin O'Boyle was "the
enemy of Longport". The suit for defamation was dismissed by summary judgment and affirmed by
the appellate court.
19. Similarly, when his daughter was being prosecuted for driving under the influence,
Martin O'Boyle inundated the Palm Beach County State Attorney's Office both individually and
through companies he controls with over 1,300 requests for public records. (Attached hereto as
Exhibit "2").
11
Town of Gulfstream v. Martin E. O'Boyle, et al.
CASE NO. (PALM BEACH COUNTY)
20. O'Boyle Law Firm clients have filed
February 10, 2014. The O'Boyle Law Firm has filed
Gulf Stream since February 10, 2014.
public records requests to Gulf Stream since
public records lawsuits against the City of
21. Upon information and belief, The O'Boyle Law Firm has filed public records
requests lawsuits throughout the state since its incorporation in Florida.
22. By January 2014 Jonathan O'Boyle was residing with his parents in Gulfstream,
Florida, had passed the Pennsylvania Bar and become a member of the Pennsylvania Bar. Jonathan
O'Boyle advised the Pennsylvania Bar that he was not actively practicing in Pennsylvania and was in
fact residing in Gulfstream, Florida.
23. By January 2014 Jonathan O'Boyle had taken the Florida Bar exam but was not a
member of the Florida Bar. Jonathan and his father desired that Jonathan begin practicing in Florida.
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 Inc., (hereinafter referred to as
"Commerce Group") located in Deerfield Beach Florida. Both Martin O'Boyle and Commerce Group
financed all activities of the O'Boyle Law Firm.
24. Recognizing that the filing of thousands of public records requests would lead to
litigation and statutory fee entitlements, Martin O'Boyle and Jonathan O'Boyle decided to form one
or more not-for-profit entities as a front to make public records requests and create litigation for the
O'Boyle Law Firm.
25. During 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
5
Town of Gulfstream v. Martin E. O'Boyle, et al.
CASE NO. (PALM BEACH COUNTY)
records requests and in public records request litigation throughout the State of Florida. 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 and the O'Boyles discussed the soon to be created Florida
O'Boyle Law Firm's capacity for handling public records request litigation throughout the state.
26. As a result of the meetings, Martin O'Boyle decided to incorporate an alleged
not-for-profit entity by the name of Citizens Awareness Foundation, Inc., (hereinafter referred to as
"CAFI"). The true purpose of the foundation was actually to make as many public records requests as
possible to government agencies and state contractors in order to create frivolous and vexatious
litigation in Florida for the O'Boyle Law Firm. Martin O'Boyle agreed that he would fund the
pretextual foundation and the pretextual law firm, through his own personal funds and through his
enterprise, Commerce Group. 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.
27. Martin O'Boyle also agreed with Chandler that he would hire Chandler to serve as the
Executive Director of CAFI. 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 the foundation and the O'Boyle Law Firm were operated from a room located in
Martin O'Boyle's Commerce Group offices.
28. Prior to meeting the O'Boyle's, 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
3
Town of Gulfstream v. Martin E. O'Boyle, et al.
CASE NO. (PALM BEACH COUNTY)
requests. Martin O'Boyle advised Chandler that he would entirely fund the foundation and law firm
on an unlimited basis including the payment of all court filing fees.
29. On January 27, 2014, Chandler was hired to act as Executive Director and CAFI was
incorporated. No board meetings were called or occurred. Instead, Martin O'Boyle undertook to
direct the foundation, through his operatives that he placed on the board. Martin O'Boyle threatened
to stop the flow of money when his orders were not followed by CAFI.
30. As instructed, Chandler began creating public records requests and legal claims and
referring these to the alleged O'Boyle law firm. By February 24, 2014 the flow of litigation caused
Chandler to expresses concern that the O'Boyle Law Firm was not adequately prepared for upcoming
hearings.
31. In March 2014, Chandler suggested that one lawsuit, CAFI v. Barnes & Noble College
Bookstore, be referred to the Thomas & LoCicero law firm in Tampa for filing. Chandler was advised
by Martin O'Boyle's operatives that all public record request lawsuits by the foundation must be
referred to the O'Boyle Law Firm for filing.
32. From January to at least July of 2014 Jonathan O'Boyle resided permanently at his
parents' home in Gulf Stream, Florida. During that time Jonathan O'Boyle directed the O'Boyle Law
Firm from his father's offices at Commerce Group, including removing attorneys who were handling
CAFI cases. At no time did Chandler direct that specific attorneys be removed from CAFI cases or
authorize such personnel change. These decisions were made and directed by Jonathan O'Boyle.
33. Despite the fact that Jonathan was not a Florida licensed attorney, he also offered
Chandler legal counsel with regard to Chandler's own personal cases pending in the State of Florida.
(Attached hereto as Exhibit 11311). Jonathan O'Boyle further emailed Chandler to advise that he had
assigned a Florida pending case to himself to handle. (Attached hereto as Exhibit "4").
7
Town of Gulfstream v. Martin E. O'Boyle, et al.
CASE NO. (PALM BEACH COUNTY)
34. At the end of March and in early April 2014, Chandler learned that William Ring and
Martin O'Boyle were making unauthorized public records requests directed to the Town Of Gulf
Stream, allegedly at the behest of CAFI.
35. In April 2014 Defendant Denise DeMartini (hereinafter referred to as "DeMartini")
explained to Chandler that she was Martin O'Boyle's key employee and the director on the board of
CAFI, to whom Chandler was to report. DeMartini further explained that she would be directing the
flow of litigation to the O'Boyle Law Finn.
36. Also during April, DeMartini advised Chandler that Martin O'Boyle had approved the
CAFI mission statement. DeMartini 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
Finn and managed the alleged law firm's finances while claiming to be a board member of CAFI.
37. During April 2014 DeMartini demanded that Chandler produce a minimum of 25 new
lawsuits a week for the alleged O'Boyle law firm to file.
38. During this time Chandler also learned from an attorney at the O'Boyle Law Firm that
Jonathan O'Boyle had been drafting lawsuits and filing them under the attorney's name without the
attorney's knowledge or consent. (Attached hereto as Exhibit "5"). Chandler was informed that this
was done on more than one occasion and that Jonathan O'Boyle directed lawyers in the firm on
settlement strategies.
39. 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.
E
Town of Gulfstream v. Martin E. O'Boyle, et al.
CASE NO. (PALM BEACH COUNTY)
40. Based upon Chandler's learning that public records requests were being filed in the name of the
foundation without his approval, Chandler again directed that all public records requests on behalf
of CAFI be made by Chandler and Chandler alone.
41. On May 16, 2014 DeMartini asked Chandler for a recap of the number of cases that were referred
by the foundation to the O'Boyle Law Firm during January through May. DeMartini expressed
her frustration to Chandler that he has only generated 211 cases in the 12 weeks since CAFI was
created.
42. On May 19, 2014 Chandler met with Ring and DeMartini and again demanded that public records
requests and lawsuits cease being filed without his knowledge or approval. After consulting with
Martin O'Boyle, Ring and DeMartini agreed that this would no longer occur and confirmed that
Chandler had the sole authority to make public records requests as well as to commence or to
settle public record request lawsuits. Despite this, the O'Boyle Law Firm again filed another
lawsuit against the town of Gulf Stream allegedly on behalf of CAFI without Executive Director
Chandler's knowledge or approval.
43. 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 CAN.
44. At the end of May 2014, DeMartini repeatedly requested that Chandler prepare verified
complaints to be used by the O'Boyle Law Firm in public records request litigation. She
specifically requested a template that could be used by the O'Boyle Law Firm. Chandler refused
to comply with this demand and explained that his independent attorney had expressed concern
that such action might constitute unauthorized practice of law. Despite this, DeMartini continued
to attempt to coax Chandler to draft lawsuits for the O'Boyle Law Firm.
E
Town of Gulfstream v. Martin E. O'Boyle, et al.
CASE NO. (PALM BEACH COUNTY)
45. 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 the foundation.
DeMartini and O'Boyle expressed concern that Chandler's review was slowing down the flow
of litigation generated by the firm.
46. 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 rather than any public service.
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.
47. On May 28 2014, DeMartini emailed Chandler demanding that more cases be filed.
48. On June 2, 2014 William Ring denied Chandler's request for authorization to refer cases to other
law firms besides the O'Boyle Law Firm.
49. On June 11, 2014 Chandler met with his private attorneys concerning what he perceived as
serious ethical issues regarding CAFI and the O'Boyle Law Firm. His attorneys unanimously
recommended to Chandler that he resign from the alleged foundation.
50. On June 12, 2014, Chandler met with Barbara Peterson of the Florida First Amendment
Foundation to seek her counsel on his concerns about the alleged foundation and the O'Boyle
Law Firm. Barbara Peterson advised Chandler to resign and that his resignation should be made
publicly.
51. On or about June 16 Chandler learned that Martin O'Boyle's Commerce Group receptionist
Mohler had been directed by Martin O'Boyle to file lawsuits against the Town of Gulf
Stream naming CAM as plaintiff. Mohler also disclosed that she had been using the CAFI email
10
Town of Gulfstream v. Martin E. O'Boyle, et al.
CASE NO. (PALM BEACH COUNTY)
address without Chandler's knowledge or consent at the direction of Martin O'Boyle and
Commerce Group in order to serve public records requests on behalf of CAFI.
52. In June 2014. Chandler learned that the O'Boyle Law Firm was engaged in an attorneys' fee
"windfall scheme". The scheme involved the firm demanding monetary settlements on behalf of
CAFI 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".
53. Ring, Jonathan O'Boyle and DeMartini requested that Chandler approve the scheme. Thereafter
Chandler learned that Ring, DeMartini and Jonathan O'Boyle actually represented that Chandler
had approved the scheme, even though he had vehemently objected to it. (Attached hereto as
Exhibit "6").
54. On June 19, Ring and DeMartini advised they were resigning from the board of CAFI and that
Chandler would become a board member and president. Chandler responded by calling Ring and
inquiring "Do I have any say in this?" Ring responded by saying that the decision had been made
and that he and DeMartini would be working more closely with the law firm and that Ring would
become a partner in the law firm.
55. At the same time Chandler learned that Mohler was continuing to make public records requests at
Martin O'Boyle's direction to the town of Gulf Stream. These were made to appear as if they were
being made on behalf of the Citizens Awareness Foundation even though Chandler was unaware
of the requests and never consented to these being made by CAFI.
56. On June 23, 2014 amended articles are filed on behalf of CAF with the Florida Secretary of State.
These dropped Ring and DeMartini as board members. Peter DiLeo, Kathleen Laca and Joel
Chandler were listed as new members of the board along with Brenda Russell. Chandler was
named as the president. Chandler was never consulted nor did he authorize such change.
11
Town of Gulfstream v. Martin E. O'Boyle, et at.
CASE NO. (PALM BEACH COUNTY)
57. In late June 2014 Chandler learned that the law firm was still engaging in the "windfall" scheme
by demanding and collecting more in legal fees than was actually earned in filed cases. (Attached
hereto as Exhibit 117").
58. When Chandler expressed his outrage he was advised that the "windfall" settlements were in
accordance with the O'Boyle Law Firm policy. Chandler decided at that time that was "the final
straw" and drafted his letter of resignation.
59. On June 27, 2014 Ring advised Chandler not to direct his concerns about the firm's "windfall"
scheme to attorneys at the O'Boyle Law Firm, but instead to deal with Ring.
60. On June 30, 2014 Chandler arrived at the Commerce Group/CAF/O'Boyle Law Finn office and
presented his letter of resignation to Ring. Immediately thereafter Martin O'Boyle demanded that
Chandler retract his email confirming Jonathan O'Boyle's complicity in the "windfall" scheme.
(Attached hereto as Exhibit 11811). Martin O'Boyle threatened Chandler that if he did not retract
his email concerning Jonathan O'Boyle's involvement in the "windfall" scheme, Chandler would
"force us to respond by making your life very unpleasant". Thereafter Chandler refused to retract
the emails and Martin O'Boyle repeated his threats several times.
61. Upon Chandler's resignation, DeMartini continued to seek Chandler's help in accessing data so
that more lawsuits could be filed, allegedly on behalf of CAFI. Ring echoed the request seeking
assistance from Chandler to locate data to allow additional lawsuits to be filed by the alleged
O'Boyle Law Finn.
62. As part of the scheme the O'Boyle Law Firm has now filed hundreds of spurious lawsuits on
behalf of the CAFI and other pretextual entities and individuals. 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.
12
Town of Gulfstream v. Martin E. O'Boyle, et al.
CASE NO. (PALM BEACH COUNTY)
63. The O'Boyle Law Finn is not a bona fide interstate law firm and is actually engaged in the
unauthorized practice of law. It has no legal right to initiate any litigation or to demand or collect
attorneys' fees.
64. In furtherance of the , the O'Boyle Law Firm, which is not a lawful interstate law firm, has
repeatedly transmitted settlement demands to municipalities and other government agencies
based upon fraudulent representation of attorneys' fees incurred and has collected monies which
are not and were not owed.
65. Thereafter Chandler sent the following letter to numerous recipients. (Attached hereto as Exhibit
11911)
66. He thereafter provided the following voluntary sworn statement. (Attached hereto as Exhibit
1110").
Respectfully submitted,
SWEETAPPLE, BROEKER & VARKAS, PL
Counsel for Plaintiff
20 S.E. 31a Street
Boca Raton, Florida 33432
Telephone: (561) 392-1230
E-Mail:pleadings@sweetapplelaw.com
13
ROBERT A. SWEETAPPLE
Florida Bar No. 0296988
Renee Basel
From:
Dottie Costonis <DCostonis@richmangreer.com>
Sent:
Thursday, August 7, 2014 5:11 PM
To:
cbailey@sweetapplelaw.com
Cc:
rsweetapple@sweetapplelaw.com; JOConnor@jonesfoster.com;
GRichman@richmangreer.com
Subject:
RE: Mtg w. Bob Sweetapple and Joanne O'Connor
Okay, Cynthia, confirmed, Tuesday at 10 a.m
Dottie Costonis / Legal Assistant to Gerald F. Richman
Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3506
Email: DCostonis@richmangreer.com
www.RichmanGreer.com
D
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is prohibited. Please immediately notify us by email and delete the original message..
From: Cynthia Bailey [mailto:cbailey@sweetapplelaw.com]
Sent: Thursday, August 07, 2014 3:48 PM
To: Dottie Costonis
Cc: Robert Sweetapple; OConnor, Joanne M. (JOConnor@jonesfoster.com)
Subject: RE: Mtg w. Bob Sweetapple and Joanne O'Connor
Dottie,
Let's plan for 10:00 a.m. at your office. I will email you if anything changes. Thank you.
Very truly yours,
CYNTHIA J. BAILEY
Certified Paralegal / Florida Certified Paralegal / Florida Registered Paralegal
Sweetapple, Broeker & Varkas, P.L.
20 SE 3rd Street
Boca Raton, FL 33432
f561) 392-1230 (t) x. 305
(561) 394-6102 (i)
CB ailev(a)sweetapplelaw. com
www.sweetapplebroeker.com
Our address has changed. Please update your files
to indicate our new address. Thank you.
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From: Dottie Costonis(mailto:DCostonis(arichmanareer.coml
Sent: Thursday, August 07, 2014 1:09 PM
To: Cynthia Bailey
Subject: RE: Mtg w. Bob Sweetapple and Joanne O'Connor
He has something from 12:30 to 2:30 on Tuesday. So we could set for 2:30 or 10 or 11. Let me know. Thanks.
0
Dottie Costonis / Legal Assistant to Gerald F. Richman
Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office: 561.803.3500
Fax: 561.820.1608
Direct: 561.803.3506
Email: DCostonisOrichmangreer.com
www.RichinanGreer.com
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and
cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and
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From: Cynthia Bailey[mailto:cba!levCa)sweetapplelaw.coml
Sent: Thursday, August 07, 2014 11:17 AM
To: Dottie Costonis
Subject: Mtg w. Bob Sweetapple and Joanne O'Connor
Hi Dottie,
Bob asked me to follow-up with you regarding scheduling a meeting on Tuesday for Mr. Richman, Mr. Sweetapple and
Ms. O'Connor. Do you have a time for this? Thanks!
Very truly yours,
CYNTHIA J. BAILEY
Certified Paralegal / Florida Certified Paralegal / Florida Registered Paralegal
Sweetapple, Broeker 8r. Varkas, P.L.
20 SE 3rd Street
Boca Raton, FL 33432
(561) 392-1230 (t) x. 305
(561) 394-6102 (f)
CBailev(@,sweetapplelaw.com
www.sweetapplebroeker.com
Our address has changed. Please update your files
to indicate our new address. Thank you.
STATEMENT OF CONFIDENTIALITY
The information in this e-mail is confidential and may be legally privileged. If you are not the named
addressee, or if this message has been addressed to you in error, you are directed not to read,
disclose, reproduce, distribute, disseminate, maintain, save or otherwise use this email. Please
contact the sender at the above number immediately. Delivery of this message to any person other
than the intended recipient(s) is not intended in any way to waive privilege or confidentiality.
POSSIBLE LEGAL THEORIES
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• Racketeering influenced corrupt organization
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• Class action on behalf of other governmental entities who have been defrauded out of
money
• Abuse of process
• Fraud
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• Injunction
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ISSUES
• Are the Citizen Awareness Foundation and other foundations formed by Martin
O'Boyle bona fide?
• Is the O'Boyle law firma bona fide interstate law firm? Is the firm or Jonathan O'Boyle
engaged in the unauthorized practice of law?
• Is the use of runners or alter egos to fabricate public records requests and lawsuits
permissible?
• Does the defendant's conduct in using contrived foundations or aliases amount to wire
or mail fraud to the extent these requests and demands for inflated attorneys' fees
were sent by email?
• What is the effect of public records requests being served and lawsuits being filed by
Martin O'Boyle and the O'Boyle Law Firm on behalf of the Citizens Awareness
Foundation when this was not authorized by the Executive Director?
" C a n c l a i m s f o r a b u s e o f p r o c e s s b e b r o u g h t a g a i n s t C h r i s t o p h e r O ' H a r e f o r b r i n g i n g
d o z e n s o f l a w s u i t s a n d f i l i n g m u l t i p l e p u b l i c r e c o r d s r e q u e s t i n o r d e r t o c o m p e l t h e
t o w n t o i s s u e h i m a b u i l d i n g p e r m i t ?
" W h a t a r e t h e r a m i f i c a t i o n s o f t h e O ' B o y l e L a w F i r m n o t h a v i n g w r i t t e n c o n t i n g e n c y o r
f e e a g r e e m e n t s w i t h C i t i z e n s A w a r e n e s s F o u n d a t i o n o r o t h e r s ?
" W h a t a r e t h e r a m i f i c a t i o n s o f t h e O ' B o y l e L a w F i r m r e p r e s e n t i n g t h a t i t i s o w e d
a t t o r n e y s ' f e e s i n e x c e s s o f a c t u a l t i m e e x p e n d e d ?
" C a n c o n t i n g e n c y f e e s a n d l o a d s t a r m u l t i p l i e r s b e u t i l i z e d u n d e r t h e c u r r e n t s c e n a r i o ?
" A r e o t h e r v i c t i m s w i l l i n g t o j o i n i n e f f o r t s t o s t o p t h e s e a b u s e s ?
" H a s J o n a t h a n O ' B o y l e c o m m i t t e d p e r j u r y i n h i s p r o h o c v i c e a p p l i c a t i o n s ?
" W h a t c r i m i n a l r e m e d i e s a r e a v a i l a b l e t o t h e t o w n a n d o t h e r v i c t i m s f o r t h e s e a b u s e s ?