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“Plaintiffs”,
__________________________________________________________________________/
Here, no summons for “J. R. BUSSE” had been “issued” pursuant to the public record, Docket.
Here on its face, said “Affidavit” was fraudulent, because no “summons” for “J. R. BUSSE”
2. On or around “03/31/2010”, the Clerk of this Court reportedly “issued a summons” regarding
“J R BRUSSE”:
“J R BRUSSE” WAS NOT ANY PARTY TO THIS FRAUDULENT ACTION
3. “J R BRUSSE” has not been any named party to this facially fraudulent action. See Docket.
6. Prevention of foreclosure fraud is a top-ranking public agenda. Under public policy, the
perjury. Dr. Busse objected to “Plaintiff’s” and Plaintiff Attorney’s perjury and demanded the
Court to intervene.
THE AFFIDAVITS AND PUBLIC RECORDS ON FILE DID NOT ESTABLISH THE
9. Dr. Jorg Busse had moved this Court to compel objectively partial Judge Eugene C. Turner to
SHOW CAUSE why the Affidavits and Public Records on file did not conclusively evidence the
prima facie frivolity and illegality of Defendants’ claims and why said facially fake cause(s)
2
ARBITRARY, CAPRICIOUS & VOID SO-CALLED “ORDERS” & “RULINGS”
10. Under separate cover, Dr. Jorg Busse had moved this Court to compel objectively partial Judge
Eugene C. Turner to SHOW CAUSE why his so-called “rulings” and “orders” were not on their
faces irrational, arbitrary, capricious, and null & void as evidenced by the public record
11. Dr. Busse filed a lawsuit against Defendant Eugene C. Turner in U.S. District Court. See
publications at www.scribd.com.
recorded debt in the name of “J.R. BRUSSE” attached to Dr. Busse’s property pursuant to the
public record;
7. An Order compelling Eugene C. Turner to SHOW CAUSE why Defendants’ facially frivolous
and illegal claims should not be summarily dismissed as supported by the Affidavits and Public
3
8. An Order compelling Eugene C. Turner to SHOW CAUSE why his “orders” and “rulings” were
not on their faces irrational, arbitrary, capricious, and null & void as evidenced by the public
Turner, because he was so impaired that he could not perform the essential duties of a judge in
10. An EMERGENCY Order disqualifying and recusing objectively impaired Judge Eugene C.
Turner, because no reasonable, intelligent, and fit judge, juror, and/or person in Turner’s shoes
could have possibly determined Dr. Busse’s “liability” without first obtaining the absolutely
11. An EMERGENCY Order disqualifying and recusing objectively impaired Judge Eugene C.
Turner, because no reasonable, intelligent, and fit judge, juror, and/or person in Turner’s shoes
could have possibly refused to give full credit to the record evidence of payments by Dr. Busse
12. An Order compelling said Judicial Officer Turner and the Court to show good cause why said
13. An Order compelling said Judicial Officer Turner and the Court to show good cause why said
judicial Officer must not be disqualified under the Rules and based upon the conclusive
evidence of Dr. Busse’s payments to the Plaintiff Association on file in this and the related
Case;
14. An Order compelling said Judicial Officer Turner and the Court to show good cause why said
judicial Officer did not conceal that Dr. Busse was NEVER served;
4
15. An Order compelling the Plaintiff to disclose and produce the Association’s “common expense”
16. An Order compelling the Plaintiff to disclose and produce the Association’s “accounting”
17. An Order dismissing Plaintiff’s fraudulent Complaint with prejudice pursuant to said Official
18. An Order providing Dr. Busse with mandatory access to the case file prior to any hearing;
19. An Order for service of a notice of hearing upon Dr. Busse under said Rules;
20. An Order declaring the fraudulent lien null and void and/or not in effect and Defendant’s record
21. An Order declaring any and all unapproved assessments null and void under said By-Laws and
Public Records;
22. An Order compelling the Association to disclose any and all accounting and other records since
2003 pursuant to said By-Laws, and Ch. 718, Condominiums, Florida Statutes, and in particular
23. An Order sanctioning Chene M. Thompson, Esq., Florida Bar 541540, for the prima facie
perjury and fraud on the Court she and her firm, Richard D. DeBoest, II, Condo & HOA Law
Group, LLC, 2030 McGregor Blvd., Fort Myers, FL 33901, perpetrated on the record when
Thompson swore to and filed the fraudulent Affidavit (01/28/2010) to mislead this Court.
24. An Order taking judicial notice of the Plaintiff Association’s said By-Laws, Public Records,
5
CERTIFICATE OF SERVICE AND PUBLICATION
I HEREBY CERTIFY that a true and correct copy of the above pleading has been furnished to the
Plaintiff, Granada Condominium Homes Association, Inc., and/or its agent of record, Platinum
Property Management, LLC, North Collier Corporate Center II, 1016 Collier Center Way, Suite
102, Naples, FL 34110, Chene M. Thompson, Esq., Florida Bar 541540, Richard D. DeBoest, II,
Condo & HOA Law Group, LLC, 2030 McGregor Blvd., Fort Myers, FL 33901, and to reassigned
Judge Eugene C. Turner, Naples Courthouse, 3301 E. Tamiami Trail, Naples, FL 34112, on this 27th
day of July, 2010. The pleading is also being published worldwide. See, e.g., www.scribd.com.
CC: Donna Woodruff, Facsimile: 239-252-8020, Clerk of Courts; Angela Turner, J.A.
6
7/27/2010 Public Inquiry
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7/27/2010 Public Inquiry
THIS AC TIO N/MO TIO N TO STR IKE ASSO C PLEADINGS AS SHAM
08/27/2009 MO TIO N
& NO TIC E O F PUBLIC ATIO N O F P LAINTIFF C R O SS C LAIMANTS C O NC LUSIVE
EVIDENC E O F FR AUD O N THE C O UR T & FR AUDULANT C LAIM/AC TIO N BY GR ANADA
08/27/2009 MO TIO N
& NO TIC E EMER GENC Y FO R DISC LO SUR E O F ASSO C IATIO NS AC CO UNTING REC O R DS
BY ANY & ALL ACC O UNTING ENTITIES PUR SUANT TO C H 718 FLA STAT
08/27/2009 R EQ UEST FO R ADMISSIO NS TO JULIA N JAC KSO N
08/27/2009 MO TIO N TO C O MP EL BY DR JO R GE BUSSE
08/27/2009 NO TIC E
O F JO INDER O F JULIA N JAC KSO N/EMER GENC Y MO TIO N TO STR IKE ASSO C IATIO N
PLEADINGS/NO TIC E O F ASSO C IATIO N FR AUD O N C O UR T
08/27/2009 NO TIC E
O F FR AUD AND FALSE PR ETENSES O F NO N PAYMENT O F C O NDO FEES/MEMO R ANDUM
IN SUPPO R T O F ASSO C IATIO N FR AUD O N C O UR T
08/27/2009 NO TIC E
O F JO INDER O F JULIA N JAC KSO N/EMER GENC Y MO TIO N TO STR IKE/NO TIC E O F
FR AUD
08/31/2009 AFFIDAVIT O F NO N-SER VIC E O F SUMMO NS DR JO R GE R BUSSE
08/31/2009 AFFIDAVIT O F NO N-SER VIC E O F SUMMO NS DR JO R GE BUSSE
12/11/2009 AFFIDAVIT O F NO N-SER VIC E O F SUMMO NS JANE DO E
12/11/2009 AFFIDAVIT O F NO N-SER VIC E O F SUMMO NS JR BUSSE
12/11/2009 AFFIDAVIT O F NO N-SER VIC E O F SUMMO NS UNKNO W N TENANT
01/29/2010 AFFIDAVIT O F DILIGENT SEAR C H/C O NSTR UC TIVE SER VIC E
JR BUSSE/JANE DO E AS UNKNO W N SPO USE O F JR BUSSE/UNKNO W N TENANTS
01/29/2010 MO TIO N
FO R APP O INTMENT O F GUARDIAN ATTO R NEY AND ADMINISTR ATO R AD LITEM BY
GR ANADA C O NDO HO MES INC
02/08/2010 NO TIC E O F SER VIC E
O F MO TIO NS & O BJEC TIO NS 02/01/2010 UPO N HO NO R ABLE MIC HAEL J PR O VO ST
02/08/2010 NO TIC E
O F PLAINTIFF'S FR AUDULENT LIEN/O BJEC TIO NS TO PLAINTIFF'S MO TIO N &
AFFIDAVIT/MO TIO NS TO DISMISS & FO R SANC TIO NS BY DR JO R G BUSSE
02/08/2010 NO TIC E
O F PLAINTIFF'S FR AUDULENT LIEN/O BJEC TIO NS TO PLAINTIFF'S MO TIO N &
AFFIDAVIT/MO TIO NS TO DISMISS & FO R SANC TIO NS BY DR JO R G BUSSE
02/08/2010 MO TIO N FO R SANC TIO NS BY DR JO R G BUSSE
02/08/2010 PLAINTIFF FR AUD & FO R GER Y-EVIDENC E O F BY DR JO R G BUSSE
02/08/2010 NO TIC E
O F PR EVIO US FILING O F BUSINESS R EC O R DS & EVIDENC E O F FR AUD BY
DR JO R G BUSSE
02/08/2010 NO TIC E O F FILING
O F BUSINESS R EC O R DS AND EVIDENC E O F DEFENDANT'S FR AUDULENT AC C O UNTING
02/08/2010 NO TIC E O F P LAINTIFF FR AUD / FILED BY DR JO R G BUSSE
02/08/2010 NO TIC E
O F PLAINTIFF'S FR AUD AND FR AUD O N C O UR T / FILED BY DR JO R G BUSSE
02/11/2010 O R DER O F R EASSIGNMENT TO EUGENE C TUR NER
02/11/2010 C O RR ESPO NDENC E FR O M C O UNSEL TO JUDGE
W ITH C O PY O F MO TIO N TO APPO INT GUAR DIAN ATTO R NEY & ADMINISTR ATO R
AD LITEM
02/11/2010 O R DER O F R EC USAL O F JUDGE MIC HAEL J PR O VO ST S/PR O VO ST 02/11/10
02/15/2010 O R DER APP O INTING ATTO R NEY AD LITEM, GUAR DIAN AD LI
02/16/2010 MO TIO N TO DISMISS AS FR ADULENT & FR IVO LO US AND FO R EXPENSES
02/16/2010 NO TIC E O F SER VIC E
O F MO TIO N UP O N R EASSIGNED JUDGE EUGENE C TUR NER /MO TIO N TO DISMISS
AS FR ADULENT AND FR IVO LO US AND FO R EXP ENSES
02/16/2010 NO TIC E
O F PLAINTIFFS FR AUD O N THE C O UR T NO TIC E O F SER VIC E O F MO TIO NS UPO N
R EASSIGNED JUDGE MO TIO N TO DISMISS AS FR ADULENT & FR IVO LO US & EXP ENSES
02/16/2010 NO TIC E
O F PLTS FR AUD O N THE C O UR T NO TIC E O F SER VIC E O F MO TIO NS UP O N R EASSIGN
JUDGE/MO TIO N TO STR IKE PLAINTIFFS MO TIO N AS FR AUDULENT & SC ANDALO US
02/16/2010 NO TIC E
O F PLAINTIFF FR AUD O N THE C O UR T MO TIO N TO STR IKE PLAINTIFFS MO TIO N AS
FR AUD & SC ANDALO US AND MO TIO N TO C O MPEL SER VIC E
02/17/2010 DEFENDANT
DEC LAR ATO R Y STATEMENTS IN SUPPO R T O F MO TIO N TO DISMISS THIS FR AUDULENT
apps.collierclerk.com/…/Case.aspx?UC… 2/4
7/27/2010 Public Inquiry
AC TIO N/DEFENDANT'S MO TIO N TO Q UIET TITLE BY DR J R BUSSE
02/17/2010 NO TIC E O F SER VIC E
O F PLEADINGS UP O N R EASSIGNED JUDGE EUGENE C TUR NER BY DR JO R G BUSSE
02/17/2010 MO TIO N TO Q UIET TITLE BY DR J R BUSSE
02/17/2010 C O RR ESPO NDENC E FR O M JUDGE TO JR BUSSE
02/18/2010 NO TIC E O F APPEAL O R DER R ENDER ED 2/15/10 C ER TIFIED C O PY 10-01-AP
02/18/2010 C O RR ESPO NDENC E FR O M DR JO R GE BUSSE R E NO TIC E O F AP PEAL
02/18/2010 AFFIDAVIT
BY JO R G BUSSE MD MBA MM IN SUPP O R T O F MO TIO N TO DISMISS, Q UIET TITLE,
R ELEASE LIEN & O F FR AUD O N THE C O UR T & PER JUR Y BY PLAINTIFF & C O UNSEL
02/18/2010 MO TIO N
(EMER GENC Y) FO R R EVIEW O F C ASE FILE & NO TIC E O F DEMAND FO R JUR Y TR IAL
02/19/2010 NO TIC E O F SER VIC E
O F NO TIC E O F APPEAL UP O N R EASSIGNED JUDGE EUGENE TUR NER
R EC EIVED BY JUDGE TUR NER FEB 18, 2010
02/22/2010 C O RR ESPO NDENC E FR O M
APP EAL C LER K TO JUDGE TUR NER NO TICE O F FILING APPEAL O F FINAL O R DER
02/22/2010 UNDELIVER ED MAIL
J R BUSSE & JANE DO E/O R DER O F R EASSIGNMENT S/PIVAC EK 2/10/10
02/22/2010 UNDELIVER ED MAIL
UNKNO W N TENANTS/O R DER O F R EASSIGNMENT S/PIVAC EK 2/10/10
02/23/2010 NO TIC E O F SER VIC E O F EMER GENC Y MO TIO NS UPO N R EASSIGNED JUDGE
02/23/2010 MO TIO N EMER GENC Y FO R PUBLIC R EC O R D AC C ESS
02/25/2010 NO TIC E O F SER VIC E
02/25/2010 MO TIO N
FO R SC HEDULING O F HEAR ING O F MO TIO NS AND NO TIC E O F UNAVAILABILITY
2/24/10
02/26/2010 NO TIC E O F SER VIC E
DEMAND FO R JUR Y TR IAL/NO TIC E O F SER VIC E O F MO TIO N/MO TIO N FO R
SC HEDULING/NO TIC E O F UNAVAILABITY /BUSSE
03/02/2010 NO TIC E O F P UBLIC ATIO NS/ DEMAND FO R JUR Y TR IAL
03/03/2010 MO TIO N FO R JUDIC IAL NO TIC E
O F PUBLIC LY R EC O R DED ASSO C IATIO N BY LAW S & DEC LAR ATIO N O F C O NDO MINIUM
& IN SUPP O R T O F MO TIO NS TO DEC LAR E TITLE/DEMAND JUR Y TR IAL BY DR BUSSE
03/03/2010 DEC LAR ATIO N O F TAKING
& PUBLIC R EC O R D EVIDENC E IN SUP PO RT O F NULL & VO ID LIEN & MO TIO N TO
DEC LAR E SUBJEC T TITLE AUTO MATIC ALLY Q UIETED/DEMAND JUR Y TR IAL
03/10/2010 NO TIC E O F HEAR ING 4/5/10 11:00 PENDING MO TIO NS
03/31/2010 SUMMO NS ISSUED
J R BR USSE/ UNKNO W N SP O USE/ HANDED TO P LAINTIFFS ATTO R NEY AT C O UNTER
04/05/2010 NO TIC E O F SER VIC E
MO TIO N TO DISMISS BEC AUSE O F DEFENDANT'S FR AUD O N THE C O UR T/MO TIO N FO R
AC C ESS TO C ASE FILE PR IO R TO HEAR ING & SER VIC E O F NO TIC E O F HEAR ING
04/05/2010 MO TIO N TO DISMISS
BEC AUSE O F DEFENDANT'S FR AUD O N THE C O UR T/MO TIO N FO R AC C ESS TO C ASE
FILE PR IO R TO HEAR ING/SERVIC E O F NO TIC E O F HEAR ING BY PLAINTIFF
04/05/2010 MO TIO N TO DISMISS
BEC AUSE O F DEFENDANT'S FR AUD O N THE C O UR T/MO TIO N FO R AC C ESS TO C ASE
FILE PR IO R TO HEAR ING & SER VIC E O F NO TIC E O F HEAR ING BY PLAINTIFF
04/05/2010 NO TIC E
O F PUBLISHED "R IPO FF R EPO R T" R EGARDING FR AUD O N C O UR T BY PLAINTIFF'S
ATTO R NEYS IN SUP PO R T O F MO TIO N TO DISMISS O N DEFENDANTS FR AUD O N C O UR T
04/05/2010 MO TIO N TO DISMISS
BEC AUSE O F DEFENDANTS FRAUD O N THE C O UR T/MO TIO N TO AC C ESS TO C ASE FILE
PR IO R TO HEAR ING & SER VIC E O F NO TIC E O F HEARING BY PLAINTIFF ASSO C IATI
04/05/2010 MO TIO N
FO R AC C ESS TO C ASE FILE PR IO R TO HEAR ING & SER VIC E O F NO TIC E O F
HEARING UNDER THE R ULES BY JO R GE R BUSSE MD MM MBA
04/05/2010 ATTO R NEY C HENE THO MPSO N PR ESENT FO R PLAINTIFF/ DEFENDANT NO T
PR ESENT/ ATTO R NEY THO MSP O NS MO TIO N TO DENY ALL O F DEFENDANTS
MO TIO NS - GR ANTED/ DEFENDANTS MO TIO N TO STR IKE ALL O F PLAINTIFFS
PLEADINGS - DENIED/ DEFENDANTS MO TIO N O F FR AUD - DENIED/ DEFENDANTS
MO TIO N EXTINGUISHING - DENIED/ DEFENDANTS MO TIO N FO R PLAINTIFF TO
PR O DUC E ALL R EC O R DS - DENIED (NO SPEC IFIC R EC O R DS R EQ UESTED)/
DEFENDANTS MO TIO N TO Q UITE TITLE - DENIED/ DEMAND FO R JUR Y TR IAL
FR O M DEFENDANT - BO TH AR E DENIED/ DEFENDANTS MO TIO N TO DELC AR E LEAN
FR AUDULANTE - DENIED/ DEFENDANTS MO TIO N FO R DEC LAR EING ASSESSMENT -
DENIED/ DEFENDANTS MO TIO N FO R SANC TIO NS AGAINST ATTO R NEY THO MPSO N -
DENIED/ DEFENDANTS MO TIO N FO R C O UR T TO TAKE JUDIC IAL NO TIC E O F
PLAINTISS ASSO C IATIO N LAW S - DENIED/ DEFENDANTS NO TIC E O F JO INDER O F
apps.collierclerk.com/…/Case.aspx?UC… 3/4
7/27/2010 Public Inquiry
JULIA N JAC KSO N, R O BER T MUR R ELL, JO HN PIER R E VAN DO NGEN, KEVIN
GAFFR EY AND R O BER T C SAMO UC E - DENIED/ ALL P ENDING DEFENSE MO TIO NS
AR E DENIED/ ATTO R NEY THO MPSO N TO PR EPAR E AND O R DER LISTING ALL THE
MO TIO NS AND SUBMIT THE O R DER TO THE C O UR T
04/05/2010 MINUTES - HEAR ING SEE SC HEDULE MINUTES FO R DETAILS
04/05/2010 MO TIO N FO R JUDIC IAL NO TIC E
04/05/2010 C ER TIFIC ATE O F FILINGS & DELIVER IES UPO N JUDGE TUR NER
04/12/2010 O BJEC TIO N TO FR AUDULENT & ER R O NEO US O R DER BY JO R G BUSSE
04/12/2010 MO TIO N FO R P RO DUC TIO N O F ALL C O MMO N EXPENSE R EC O R DS BY JO R G BUSSE
04/12/2010 MO TIO N FO R P RO DUC TIO N O F ALL AC CO UNTING R EC O R DS BY JO R G BUSSE
04/13/2010 MO TIO N FO R R EC USAL O F JUDGE TUR NER
04/13/2010 MO TIO N FO R JUDIC IAL NO TIC E O F JUDGE PIVAC EKS MO TIO N TO DISMISS
04/13/2010 NO TIC E O F SER VIC E
O F MO TIO N FO R R EC USAL O F JUDGE TUR NER AND MO TIO N FO R PR O DUC TIO N O F
ALL AC C O UNTING
04/29/2010 NO TIC E O F APPEAL
JUDIC IAL IMPAIR MENT AND O BSTR UC TIO N O F JUSTIC E 10-03-AP
04/29/2010 NO TIC E O F SER VIC E O F 4/29/10 NO TIC E O F APPEAL
04/29/2010 NO TIC E PUBLIC NO TIC E
04/29/2010 NO TIC E O F EMER GENC Y AND UNAVAILABILITY UNTIL FUR THER NO TIC E
05/05/2010 C O RR ESPO NDENC E FR O M C O UNSEL TO JUDGE
05/10/2010 O R DER DENYING ALL DEF PENDING MO TIO NS
05/12/2010 O R DER O F R EC USAL DENIED
05/28/2010 NO TIC E O F APPEAL O R DER R ENDER ED 5/10/10 C ASE 10-04-AP C ER TIFIED C O PY
05/28/2010 MO TIO N EMER GENC Y MO TIO N FO R R EC USAL O F JUDGE TUR NER
05/28/2010 NO TIC E O F INTENT TO TO SUE JUDGE TUR NER
W e dne sda y night is re gular m ainte nance tim e on our se rve rs; as a re sult brie f outage s m ay occur.
W e apologize in advance for a ny inconve nie nce .
apps.collierclerk.com/…/Case.aspx?UC… 4/4
7/23/2010 Records: CEO Jerry Williams, Dave Wa…
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Today Local Bonita State National/World Crime Education Weather Columnists Regions Community Obituaries
There are 405 “holders” of private stock identified on Orion Bancorp’s registration list.
FGCU professor killed himself at Naples
Some names are repeated two or three times, with a different number of shares, waterfront bar
Published 7/21/2010 at 5:06 p.m. 105 com m ents
indicating multiple holdings.
Collier School Board candidates sound
off on ‘kick a Jew day’ at forum
Jerry Williams, Orion’s embattled ex-CEO, owned the Published 7/22/2010 at 8:00 p.m. 56 com m ents
most shares – 798,323.
VIDEO: Lee deputy suspended, after DUI,
property damage charge
The second-largest number of shares – 613,994 – were in Published 7/23/2010 at 11:29 a.m. 21 com m ents
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7/23/2010 Records: CEO Jerry Williams, Dave Wa…
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In October of last year, Williams told employees he planned to give them each a $100
Orion gift card, plus an additional vacation day in 2010, for the holidays, instead of Calendar
throwing the usual party. JUL JUL JUL BROWSE
Nine days before The five other directors of Orion Bancorp’s board – Earl the Mind"
Sidney & Berne Davis Art Center
Orion Bank closed Holland of Fort Myers, Brian Schmitt of Marathon, James
Torok of Sarasota, Alan Pratt of Vero Beach and James Treasures of the Atocha: 10 a.m.
“Our team is working Aultman of Marathon – were big investors in the holding Florida’s sunken treasure ship
through the credit cycle Lovers Key State Park
company. In the group, Holland had the most shares –
and doing a great job in
273,136 – making him the second-largest individual Free diabetes screening at 10 a.m.
this difficult economy and
shareholder after Williams. Sweetbay
current regulatory Sweetbay - Colonial Boulevard
environment,” he wrote in
an e-mail obtained by the Dave Wannstedt, a former coach of the Miami Dolphins All About Color opening 6 p.m.
Daily News. “The reception
and head football coach at the University of Pittsburgh,
Art League of Bonita Springs
economy has taken its owned 71,008 shares.
toll in all of the
communities where we do More Events »
Other recognizable investors from Naples include Michael
business, but Orion is
preparing to take Kessous, founder and president of M.K. Developers Inc.;
advantage of new retired Collier Circuit Judge Ted Brousseau; Collier
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opportunities. There are County Judge Eugene Turner, and Al Bateman, a
positive signs of recovery developer and president of Bateman Communities. News Alerts
in our communities.”
One investor, Michael M. Viechec Jr. of New York, had just Naples Daily News Fan Page
_ Memo from Jerry Headlines & updates from
one share registered under his name. naplesnews.com
Williams, CEO
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“I had 10,186 shares and that was going to be my son’s Add this app to your Facebook profile
college education money,” said Luc Christian Mazzini, one
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of the many disappointed investors from Naples. “I originally invested with Orion Bank, Follow The Banner on Facebook
which was called Gulf Coast National Bank, all the way back in 1996.”
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After Orion received a cease-and-desist order in September from regulators to address
The Marco Eagle Fan Page
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7/23/2010 Records: CEO Jerry Williams, Dave Wa…
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its “unsafe and unsound practices,” Mazzini, a dentist, said he was reassured by a bank Follow The Marco Eagle on Facebook
executive that it was “no big deal.”
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Even as the bank’s finances worsened, Orion’s parent company was out trying to raise
more money from investors.
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The company sold at least $25 million in stock last year, with the first sale reported on
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June 24, according to a filing with the U.S. Securities and Exchange Commission. The
buyers aren’t disclosed in the filing. Business: e.g. salon
TMLS Heritage LLC, incorporated last June in Fort Lauderdale and managed by Mileto
Vincenzo, appears to be one of the latest investors. The company had 234,375 shares Location: e.g. Naples, FL
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Some investors remained private, registering their shares in the name of a depository
known as Cede & Co. Pow ered by Local.com
A trustee, Michael Polsky, has been appointed to liquidate Orion Bancorp’s assets. His
Miami attorney, Robert Schatzman, said he doesn’t expect shareholders to get any
money because there aren’t enough assets to sell to cover the millions owed to
creditors.
“Everybody who invested either through their pensions, or 401(k)s, or bought shares in
the private marketplace in the holding company lost money,” he said. “That money will
not be repaid.”
“I would like to get something. But I don’t think it’s going to happen,” said Leonard
Simons, an early investor from Miami.
Simons, 89, and his wife owned more than 8,000 shares in the holding company. Over
the years, they acquired more stock when they received shares instead of dividends.
In February, M&I Bank won a $16.9 million judgment against Orion Bancorp for business
loans that weren’t paid back. Collateral for those loans included rights to the holding
company’s corporate jet.
naplesnews.com/…/records-ceo-jerry-… 3/8
7/23/2010 Records: CEO Jerry Williams, Dave Wa…
M&I also had first priority security interest in all of Orion Bancorp’s deposit, operating
and other accounts.
FB Air Holdings Inc., an affiliate of Orion Bancorp, has filed for Chapter 11 bankruptcy
protection. It owns the corporate jet that Williams once used to fly around the state.
According to court records, the Piaggio Avanti P-180 business aircraft is valued at
nearly $3.8 million.
A balance sheet for FB Air, which still employs a pilot or two, shows it had total assets of
nearly $7.6 million on Oct. 31, 2009. All of its assets will be sold to help pay off creditors
of Orion Bancorp.
Like many banks locally and nationally, Orion was hit hard by bad loans. The bank lost
$75 million in the third quarter of last year before regulators swooped in to shut it down
on a Friday the 13th.
Orion had more than $250 million in non-performing construction and commercial loans,
which means borrowers weren’t making their payments.
Records show that it appears mismanagement also could have played a role in the
bank’s downfall.
Williams was ousted as the bank’s CEO days before regulators closed it.
He’s accused of lying to regulators and making the bank appear in better shape than it
was. In June of last year, regulators allege that he illegally loaned about $60 million to
“straw borrowers,” who were fronting for borrowers who already had hit their loan limit.
They say he knew $15 million from those loans would be used to buy stock in the bank’s
parent company and he lied about it to regulators.
According to regulators, the questionable loans also enabled the borrowers to buy
“certain low-quality assets” from Orion. The mystery borrowers never were identified.
Daniel Buhs, president and CEO of Vanderbilt Bay Construction Inc. in Naples, owned
17,371 shares in Orion.
“Jerry made some bad decisions in the last few years that took the bank down,” he said.
“He should have sold the bank a few years ago and we all would have walked away as
millionaires.”
“My shares split several times and I never took any distributions,” he said. “It all went
back into stock.”
The bank chose to “do some very unwise loans with some pretty big numbers,” Buhs
said.
“I’m thoroughly disappointed, like all of us are. Jerry needs to be accountable for what he
has done,” he said.
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7/23/2010 Records: CEO Jerry Williams, Dave Wa…
He and his ex-wife invested $50,000 each in the bank. From 2005 to 2007, when Orion
was doing really well, the holding company paid out cash dividends, he said.
One year, Schroeder said, he got $15,000 to $16,000 in dividends, and another year he
got $10,000. So he ended up with about half of his money back.
At one time, he said, shares were valued at about $20. Now they’re down to zero.
“The people were always courteous and trustworthy and when they make money, hey you
believe in them,” Schroeder said.
Founded in 1977, Orion grew to become one of the most successful community banks in
the nation, ranking in the top 1 percent in the country for its performance in 2002.
Documents Before regulators closed the bank, it was hit with several
enforcement actions. The last, a cease-and-desist order,
Cease-and-desist called for Orion to increase its capital by no later than Nov.
order for Orion
Bancorp Inc. 20, 2009. The bank didn’t last that long.
Orion Bank Order _
Federal Reserve Bank
FDIC news release on Before Orion failed, Williams was a well-respected banker
Orion Bank
and community leader. He was named community banker
of the year by American Banker, a trade journal, in 2006.
In November, regulators swooped in to close Orion Bank. Williams was ousted from the
bank days before regulators closed it. No formal charges were brought.
“I was hoping there might be a few bucks left for shareholders,” Schroeder said. “But it’s
doubtful.”
© 2010 Naples Daily News. All rights reserved. This material may not be published,
broadcast, rewritten or redistributed.
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7/23/2010 Records: CEO Jerry Williams, Dave Wa…
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Comments » 8 Hide
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7/23/2010 Records: CEO Jerry Williams, Dave Wa…
should have not and was not lent out properly in the first place, the bank is
failing... Yet the CEO has all these LLC buying up properties/mortgages on the
cheap, and then selling them for a profit???
You tell me what all this is? It ain't that hard to connect the dots! There is so
much more come....
Chicken shiz.....what the hell does Bush have to do with this? If anything, this is
a classic example of the real republican parties work. The republican party is in
place to protect corporate America and screw the common folk! They are smart
in that they have all the common folk fooled with the whole religious
conservative thing and they blindly march to the beat.....asking no questions
and looking no further than the propaganda that is spewed their way.
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7/23/2010 Records: CEO Jerry Williams, Dave Wa…
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