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THE HONEYWELL

SCANDAL
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JACK N. PETERSON
IMAGES OF A FRAUDSTER

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6/22/2010 13 indicted in $100M mortgage fraud s…

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13 indicted in $100M mortgage fraud scheme
S EARC H THIS S ITE The indictment charges the alleged conspirators, including at least two closing attorneys, with enterprise
corruption, grand larceny, scheme to defraud and conspiracy involving 19 fraudulent mortgage
transactions. Read on for the details.
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(7/9/2009)

Manhattan District Attorney Robert M. Morgenthau has announced the indictment of 13 individuals and a
mortgage origination company for perpetrating over $100 million in mortgage fraud over a four-year period
DAILY NEWS in the New York City metropolitan area. In addition, 12 individuals have already waived indictment and
pleaded guilty to felonies relating to their participation in the mortgage fraud scheme.
PRINT EDITION
The indictment charges 13 individuals and
RESOURCES the mortgage company, AFG Financial Group
ABOUT Inc., with enterprise corruption, grand larceny,
scheme to defraud and conspiracy involving
19 fraudulent mortgage transactions. The
defendants include the principals and a
number of employees of the mortgage
company, as well as bank employees,
appraisers and three attorneys. Two other
attorneys are among the defendants who
already pleaded guilty. The crimes charged in
the indictment occurred between June 2004
and April 2009 with the bulk of the fraudulent
FREE E-mail News closings occurring from mid-2005 through
the end of 2007.
Your e-m ail:
The 10-month investigation leading to today’s
Your zip code: indictment revealed that AFG Financial Group
(AFG), along with a network of co-
Delivered twice a week conspirators and accomplices, located distressed residential real estate properties in New York City and
surrounding counties. They then engaged in a fraudulent scheme to steal millions of dollars from lending
banks in Manhattan and elsewhere using sham sales of those properties. The conspirators caused the
banks to front millions of dollars to finance purchases of the properties. They then walked away with most
of the cash, leaving behind over-valued properties and worthless mortgage papers.

AFG was located in Long Island and was the primary vehicle of the fraudulent scheme. AFG held itself out
as a legitimate mortgage broker. It was founded by defendants Aaron Hand, Eugene Culbreath and Eric
Shields. Hand was the President of the company and ultimately controlled the criminal enterprise.
Culbreath and Frank Miale were the principal lieutenants and controlled the day-to-day operations,
including supervising the execution of fraudulent real estate mortgage transactions. Shields held the title
of CEO and held AFG’s mortgage broker license. He also participated in and ran some of the sham
mortgage transactions.

The AFG criminal enterprise represented to lending institutions that it put together arms-length residential
real estate transactions to be financed by secured mortgages. In fact, AFG’s business model was focused
solely on defrauding the lending banks of millions of dollars, Morgenthau said. AFG paid property locaters,
Get Connected
including defendants Jerry Strklja and Maria Albertina, to find properties suitable for their fraudulent
ventures. Generally these were properties owned by people in financial distress. AFG paid recruiters,
including defendants Marilyn Mateo, Darlita Bostic, Allyson Hinds, Rajmohan Autar and Giovanni
Muniveto to find straw buyers. The straw buyers were told they had the opportunity to participate in risk-free
real estate transactions. They were often told that the transactions would help distressed home owners
save their homes, while earning the straw buyer and other investors a healthy return on their investment.
Instead, after an initial up-front payment, the straw buyers received nothing. Because the defendants failed
to make any mortgage payments after the first few months, the mortgage loans went quickly into default
and the straw buyers’ credit ratings were ruined. And, the sellers’ homes went into foreclosure.

Once a straw buyer had been recruited and matched to a specific property, the AFG criminal enterprise
used forgeries and false records to enhance the fraud by falsifying the straw buyer’s loan worthiness.
Defendants Matthew McDermott, Wayne Sisman, Salvatore Trapani and Christopher Carr and other
AFG employees created forged documents such as W-2’s and bank statements to increase the straw
Today's Reader Poll buyer’s apparent income and assets so they could borrow more money. They also assembled the false

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6/22/2010 13 indicted in $100M mortgage fraud s…
loan packages to submit to lenders, assisted in the sham closings and helped launder the stolen funds.
Corrupt property appraisers, including defendant Stephen Martini, provided written appraisals that inflated
the apparent values of the properties beyond their true market value. Bank employees, including defendant
Jennifer Schiff, provided documents verifying that the forged bank statements were accurate. Finally, AFG
submitted the fraudulent applications with false statements and forged documents to mortgage lenders
such as Countrywide Home Loans or New Century Mortgage Corp., where defendants Jeffrey Phelan and
Patrick Kuhl were employees. In exchange for a share in the illicit proceeds, Phelan, Kuhl and other still-
uncharged lending institution employees made sure that the loan applications were processed quickly
and without proper diligence or investigation.

At the sham real estate closings, AFG brought in lawyers to play the roles of legal counsel for buyers,
sellers and banks. Instead of looking after their clients’ interests, these lawyers made sure that the
closings went smoothly, that no one asked any questions, and that the principals of AFG received the
lion’s share of the funds obtained from the defrauded banks. Defendants Marc Zirogiannis and Fred Lax
generally represented the banks. In so doing, they betrayed their clients and caused their clients' funds to
be stolen.

Zirogiannis and Lax also ran title companies that were employed as part of the scheme.They received into
their title company escrow accounts closing funds from the banks that were, according to the fraudulent
closing documents, supposed to go to the sellers of the properties. Instead, Zirogiannis and Lax re-
directed these funds to shell accounts controlled by the principal members of AFG. Defendants Edmond
Berookhim, Kenneth Law and Kathleen Scanlon were paid by AFG to represent buyers and sellers at the
sham closings, a role sometimes played by Lax and Zirogiannis as well. These attorneys often did not
meet or communicate with their so-called clients until the day of the closings, did not negotiate closing or
contract terms, and generally betrayed their clients’ interests and were paid off by AFG for their efforts. In
addition, defendant Sharon Thompson posed as a real estate agent at the closings and received a portion
of the closing funds that was then laundered back to the AFG principals.

In one particularly brazen sham transaction, the defendants created an appraisal report for a two-family
home with a stated value of more than $500,000. In reality, the location was a vacant lot. Defendant
Stephen Martini was paid by the AFG participants to create the bogus appraisal report. The AFG
participants then altered the title paperwork – changing the designation vacant land to reflect a certificate of
occupancy for a two-family structure. Armed with the false appraisal and title documentation, the AFG
group then proceeded with their typical sham closing. This deal alone accounted for over $500,000 in
stolen proceeds.

The larcenies in the indictment charge the defendants with stealing over $12 million in lending proceeds
through trickery and fraud, mostly from banks in Manhattan. In fact, the efforts of the AFG Criminal
Enterprise appear to have defrauded banks of well in excess of $100 million. In addition, their efforts
undermined a financial system that is relied upon by individuals, government and business for its
accuracy and integrity. The mortgages fraudulently obtained by AFG were quickly securitized and sold into
the secondary market as collateralized debt obligations. Bond rating companies assigned qualitative
values to these securitized mortgage instruments, assuming that they were, in fact, arms-length
transactions secured by real property owned by bona fide owners.

Morgenthau also noted flaws in the city’s deed recording and registration system, as well as scant
regulatory oversight of the mortgage industry, helped the defendants in their criminal endeavors. District
Attorney Morgenthau called for accountability in the financial sector, reform of the regulatory system and
substantial changes to the city and state’s oversight procedures. “These defendants were able to get away
with this conduct for four years because the mortgage industry simply passed the defective loans to the
secondary markets with little motivation to scrutinize the actual risks; industry regulators paid little or no
attention; and the city and state’s systems provide for no verification of property sales. These defendants
and others who commit mortgage fraud contributed to the failure of the securitized debt market. Our
investigation will continue as we make efforts to hold accountable those who cheat, lie and steal to
undermine our financial systems for personal gain.”

All of the defendants were indicted for enterprise corruption, a class B felony punishable by up to 8 1/3 to
25 years in prison; grand larceny in the second degree, a class C felony punishable by up to 5 to 15 years
in prison; scheme to defraud in the first degree, a class E felony punishable by up to 1 1/3 to 4 years in
prison; and conspiracy in the fifth degree, a class A misdemeanor punishable by up to 1 year in jail. In
addition, defendants AFG, Hand, Culbreath, Zirogiannis, Law, Phelan, Striklja, Mateo, Shields, Autar, and
Hinds were indicted for grand larceny in the first degree, a class B felony.

The investigation is continuing, Morgenthau stated.

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Jack N. Peterson
How I concealed
fake “legal
descriptions”:

Doc. # 5:
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

JORG BUSSE,

Plaintiff,

vs. Case No. 2007 CV 228 FtM 29 SPC

LEE COUNTY, FLORIDA, and its


BOARD OF COUNTY COMMISSIONERS, and
THE LEE COUNTY PROPERTY APPRAISER, and
STATE OF FLORIDA BOARD OF TRUSTEES
OF THE INTERNAL IMPROVEMENT TRUST FUND,
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION,

Defendants.
________________________________________________/

DEFENDANT LEE COUNTY’S MOTION TO DISMISS FOR FAILURE


TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED; OR
IN THE ALTERNATIVE, A MOTION FOR SUMMARY JUDGMENT; OR
IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT
AND MEMORANDUM OF LAW IN SUPPORT THEREOF

Comes now Defendant, LEE COUNTY, a political subdivision of the State of Florida, by and

through its counsel, pursuant to Fed. R. Civ. P. 12(b)(6), 12(e), and 56(b) and moves the Court to

dismiss the referenced matter and as grounds would state:

1. Plaintiff’s complaint, filed pro se and read most generously, is an apparent attempt

to enhance the value of the Plaintiff’s real property by attaching to it littoral or riparian rights.

(a) As Plaintiff avers at paragraph 3(b), and more fully describes at paragraphs

16 and 66, Plaintiff’s lot abuts not a waterway, but an alleyway or street.

(b) Beyond Plaintiff’s mere assertions of littoral rights, no averment presented,

however poorly pleaded, establishes any factual basis that Plaintiff’s lot abuts a waterway; therefore,
no riparian rights attach per Florida law.

(c) In the absence of any littoral rights, Plaintiff cannot claim any right to a dock

permit denied to him by Lee County as averred in paragraphs 79 and 80.

2. In paragraph 46, Plaintiff admits to his companion law suit now pending in state

court. LEE COUNTY is not yet a party in that suit (Case No. 06CA-3185). Should LEE COUNTY

be joined, the County, in the interest of judicial economy, will remove the case to this Court.

3. In Plaintiff’s state case, his complaints utilize attachments of copies of his lot

description from public records including aerial photos which clearly depict his lot’s location as

platted and as it exists today over 1200 feet from the Gulf of Mexico’s waters. (Those attachments

are attached here as exhibits A and B to the Memorandum of Law).

4. In the alternative, the aforesaid notwithstanding, and reading Plaintiff’s complaint

most generously, the averments remain so vague or ambiguous that defendant, LEE COUNTY,

cannot reasonably frame a responsive pleading. To wit: the majority of the numbered paragraphs

state various legal holdings from state and federal courts, Florida statutory law, administrative rules,

and opinions of the Florida Attorney General (see paragraphs 7, 9, 11, 13, 15). Other averments

simply make statements apparently based on the Plaintiff’s readings of various authorities, legal or

otherwise (see paragraphs 20, 21, etc.). While, for instance, paragraph 10 appears to state a cause

of action, no facts are presented to support the allegation. In sum, Plaintiff’s complaint is neither

short or plain or sufficient enough to allow a responsive pleading.

5. In the alternative, pursuant to Fed. R. Civ. P. 56(b), since LEE COUNTY is

submitting matters outside the pleadings, for example exhibits A and B, the Court shall treat the

matter as a motion for summary judgment. Vanero v. City of Tampa, 830 F. Supp. 1457, 1458

2
(1993)(J. Kovachevich).

6. Plaintiff has apparently named and served both “Lee County” and “its Board of

County Commissioners” as defendants. By statute, the proper party in interest is simply “Lee

County.” Therefore, Defendant moves to dismiss “its Board of County Commissioners.”

WHEREFORE, LEE COUNTY moves this Court to dismiss the complaint or, in the

alternative, order the Plaintiff to file a petition for relief that, even minimally, meets the Rules of

pleading; or grant the Defendant, LEE COUNTY, summary judgment.

MEMORANDUM IN SUPPORT

A motion made under Federal Rule 12(b)(6) tests the sufficiency of the complaint and cannot

be granted “unless it appears beyond doubt that the plaintiff can prove no set of facts” entitling him

to relief. Conley v. Gibson, 355 U.S. 41, 45-46 (1951).

Plaintiff claims riparian rights. As the Florida Supreme Court articulated in 1895, “in a suit

to enjoin trespass upon riparian rights, the allegations of the bill must be clear and precise as to the

title.” Axline v. Shaw, 35 Fla. 305, 309, 17 So. 411, 412 (1895). The Axline court then examines

the claimant’s deed as to the boundaries of the subject real property: “In order for one to have

riparian rights, there must be an actual water boundary of the land in connection with which such

rights are claimed. Id at 310, 17 So. at 413. The Axline court concludes: “Such a boundary is land,

and not water, and does not confer riparian rights under our statute.” Id. at 305, 17 So. at 412.

Since Axline, the statutory definition of Florida sovereignty lands now extends to the ordinary

high water mark. §253.141(1) Fla. Stat. (2006). Plaintiff’s deed (attached as exhibit “A”) simply

conveys lot 15A. The lot is clearly outlined on the plat map as a 50' x 130' lot bounded by a street

right-of-way of 60 feet (attached exhibit “B”). Lot 15A is not bounded by water of any sort. Lot

3
15A does not extend to the “shore” as in Axline, or even the ordinary high water mark as depicted

on the plat. Florida law states: “The land to which the owner holds title must extend to the ordinary

high water mark of the navigable water in order that rights may attach. §253.141(1) Fla. Stat.

(2006).

Since there are no riparian rights appurtenant to the Plaintiff’s lot, the complaint is fatally

deficient and must be dismissed.

Respectfully submitted,

/s/ Jack N. Peterson


JACK N. PETERSON
Assistant County Attorney
Florida Bar No. 0832774

CERTIFICATE OF SERVICE

I HEREBY CERTIFY, that a true and correct copy of Lee County’s Motion to Dismiss has
been furnished by U.S. Mail to: Jorg Busse, Plaintiff, Post Office Box 1126, Naples, FL 34106-1126;
Reagan Kathleen Roane, Assistant General Counsel, 3900 Commonwealth Boulevard, Number 35,
Tallahassee, FL 32399-3000; and Kenneth W. Wilkinson, Lee County Property Appraiser, 2480
Thompson Street, Fort Myers, FL 33901, on this 1st day of May, 2007.

By: /s/ Jack N. Peterson


Jack N. Peterson
Assistant County Attorney
Florida Bar No. 0832774
DAVID M. OWEN
LEE COUNTY ATTORNEY’S OFFICE
2115 Second Street
Post Office Box 398
Fort Myers, Florida 33902-0398
Telephone No. (239) 533-2236
Facsimile Phone No. (239) 485-2118
PETERSJN@leegov.com

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http://www.youtube.com/watch?v=frrlmChUoVs&feature=player_embedded#!
U.S. GOVERNMENT FORGERY “O.R. 569/875”

http://www.youtube.com/watch?v=frrlmChUoVs&feature=player_embedded#!
http://www.youtube.com/watch?v=frrlmChUoVs&feature=player_embedded#!

DEF. JACK N. PETERSON


IMAGES OF CONSPIRACY
TO CONCEAL CORRUPTION
AND GOVERNMENT SCAM
O.R. 569/875

http://www.youtube.com/watch?v=frrlmChUoVs&feature=player_embedded#!
http://www.youtube.com/watch?v=frrlmChUoVs&feature=player_embedded#!

JACK N. PETERSON
http://www.youtube.com/watch?v=frrlmChUoVs&feature=player_embedded#!
http://www.youtube.com/watch?v=frrlmChUoVs&feature=player_embedded#!

http://www.scribd.com/Judicial%
20Fraud

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6/22/2010 HONEYWELL PROSECUTION: ”ALL UN…

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webmail.aol.com/…/PrintMessage.aspx 2/4
6/22/2010 HONEYWELL PROSECUTION: ”ALL UN…
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Subject: HONEYWELL PROSECUTION: ”ALL UNNUMBERED AND ACCRETED LANDS”
Date: Tue, Jun 22, 2010 4:29 pm
Attachments: HONEYWELL_PROSECUTION__”ALL_UNNUMBERED_AND_ACCRETED_LANDS”.pdf (264K)

webmail.aol.com/…/PrintMessage.aspx 3/4
Jennifer Franklin Prescott, Judicial Crime Victim
Dr. Jorg Busse, Governmental Crime Victim
http://www.scribd.com/JUDICIAL%20FRAUD

CERTIFIED FACSIMILE TO 239-461-2179


UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
CHAMBERS
Charlene Edwards Honeywell, U.S. District Judge
Bettye G. Samuel, Judicial Assistant
Libby Figgers, Courtroom Deputy

RE: PRESCOTT v. HONEYWELL, 2:2010-cv-00390


PRESCOTT v. ALEJO, 2:2009-cv-00791
BUSSE v. STEELE, 2:2010-cv-00089

YOUR PATTERN OF CORRUPTION, CONCEALMENT, & FRAUD ON COURT

Fraudulent Pretenses of “Lee County” “ownership” of fake “land” ”parcels”;


Facially Forged “parcel” “12-44-20-01-00000.00A0”;
Facially Forged “parcel” “07-44-21-01-00001.0000”;
Criminal Concealment of Record Lack of any Lee County title/ownership;
Fraud by Defendant Lee County Property Appraiser Kenneth M. Wilkinson;
Extension of Def. Wilkinson’s Crimes by Def. Attorney Jack N. Peterson
Bogus “Legal Descriptions” in Honey-from-Hell’s Court (see Florida Bar, Uniform Title
Standards)

Dear Honey from Hell:

1. Your “legal advice” is as “frivolous” as the fake “legal descriptions” in your Court:

”ALL UNNUMBERED AND ACCRETED LANDS”

2. Your “incomprehensible” “contention” of “frivolity” is further fiction from your Court of


fabrications. The fear of further “frivolous” fabrications and NAZI style terror is
punishing. The Plaintiffs are forwarding the conclusive evidence of the CORRUPTION in
your Court to law enforcement authorities.
3. By presenting to this Court pleadings, written motions, and other papers, the Plaintiffs
certified that to the best of their knowledge, information, and belief, formed after an
inquiry reasonable under the circumstances, you criminally concealed and conspired to
conceal well-evidenced Government CORRUPTION and fraudulent Government “claims”
of “Government ownership” of non-existent and forged “land” “parcels” “12-44-20-01-
00000.00A0” and “07-44-21-01-00001.0000”.
4. “Frivolity” and “vexatiousness” were not any “defense” and not warranted under existing
law. You presented “sanctionability” and “frivolity” for unlawful purposes such as to
harass the Plaintiffs, cause unnecessary delay, and needlessly increase the cost of litigation.
See Fed. R. Civ. P. 11.
5. No competent, honest, and intelligent judge in your shoes could have possibly concocted
that the proof of Government CORRUPTION and fake “land parcels” on the record was
“not meritorious”.
6. No intelligent, fit, and professional judge in your shoes could have possibly perverted
Florida’s Eminent Domain, Adverse Possession, and Record Marketable Title Act the way
you did. Your dishonesty, incompetence, and threats on the record have been terrorizing
and punishing. The Plaintiffs fear for their fundamental rights and are suing you,
PRESCOTT v. HONEYWELL, Case # 2:2010-cv-00390-36-DNF.
7. Defendants’ fraudulent denials of Plaintiffs’ factual contentions were not warranted on the
record evidence and not reasonably based on belief or a lack of information. See Fed. R.
Civ. P. 11(b).
8. Your fraudulent perversions of Plaintiffs’ well proven factual contentions were not
warranted on the record evidence and not reasonably based on belief or a lack of
information. See Fed. R. Civ. P. 11(b).
9. Pursuant to the public record evidence, your belief and policy are CORRUPTION and
terror, and the Plaintiffs objected.
10. You concealed the prima facie criminality and nullity of, e.g., forged “land” “parcels” “12-
44-20-01-00000.00A0” and “07-44-21-01-00001.0000” and Government ownership claims
in the record absence of any Government title evidence.
11. The record conclusively proved your intimidating contempt of the law, and in particular
of, e.g., Chapters 712; 73, 74; 95, Florida Statutes; and Florida and Federal Constitutions.
12. The Plaintiffs defend against your NAZI style Court CORRUPTION and demand
EMERGENCY relief from your well-proven fraud upon the Court and legally
“incomprehensible” bogus contentions of “frivolity”.

/s/Jennifer Franklin Prescott, Judicial Crime Victim


/s/Dr. Jorg Busse, Governmental Crime Victim
http://www.scribd.com/JUDICIAL%20FRAUD
CC: Federal Bureau of Investigation
Florida Department of Law Enforcement
U.S. Department of Justice
Florida Bar

2
FACE of FRAUD
Honey from Hell
“Honey, it ain’t an
“adverse ruling” …
IT’S FRAUD!
Doc. # 210, 06/22/2010

SHOW CAUSE
why you are not a
CROOK !
Case 2:09-cv-00791-CEH-SPC Document 210 Filed 06/22/10 Page 1 of 3

UNITED STATES DISTRICT COURT


MIDDLE DISTRICT OF FLORIDA
FT. MYERS DIVISION

JENNIFER FRANKLIN PRESCOTT,


DR. JORG BUSSE,

Plaintiffs,

v. CASE NO. 2: 09-CV-791-FtM-36SPC

ROGER ALEJO; KENNETH M. WILKINSON;


JACK N. PETERSON; ROGER DESJARLAIS;
LEE COUNTY, FLORIDA; LEE COUNTY
VALUE ADJUSTMENT BOARD; LORI L.
RUTLAND; STATE OF FLORIDA, BOARD OF
TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND; STATE OF FLORIDA,
DEPARTMENT OF ENVIRONMENTAL
PROTECTION; CHAD LACH; CHARLES "BARRY"
STEVENS; REAGAN KATHLEEN RUSSELL;
KAREN B. HAWES; CHARLIE GREEN; BOB JANES;
BRIAN BIGELOW; RAY JUDAH; TAMMY HALL;
FRANK MANN; UNITED STATES ATTORNEY(S);
SEAN P. FLYNN; E. KENNETH STEGEBY; DAVID
P. RHODES; A. BRIAN ALBRITTON; CYNTHIA A.
PIVACEK; JOHNSON ENGINEERING, INC.; STEVEN
CARTA; MIKE SCOTT; HUGH D. HAYES; GERALD
D. SIEBENS; STATE OF FLORIDA ATTORNEY
GENERAL; WILLIAM M. MARTIN; PETERSON
BERNARD; SKIP QUILLEN; TOM GILBERTSON,

Defendants.
/

ORDER

THIS CAUSE is before the Court on Plaintiffs’ Emergency Motion for Recusal of Judge

Charlene Edwards Honeywell, filed on June 17, 2010 (Dkt. 193).

Under 28 U.S.C. § 455(a),“[a]ny justice, judge, or magistrate judge of the United States shall

disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” Any
Case 2:09-cv-00791-CEH-SPC Document 210 Filed 06/22/10 Page 2 of 3

doubt must be resolved in favor of recusal. Davis v. Kvalheim, 261 Fed. Appx. 231, 233 (11th Cir.

Jan. 8, 2008)(citing Murray v. Scott, 253 F.3d 1308, 1310 (11th Cir. 2001)). When considering

recusal, the potential conflict must be considered as it applies to the entire case. Murray, 253 F.3d

at 1310-11. “The test under § 455(a) ‘is whether an objective, disinterested, lay observer fully

informed of the facts underlying the grounds on which recusal was sought would entertain significant

doubt about the judge’s impartiality.’” Johnson v. Wilbur, No. 09-10078, 2010 WL 1610328, at *4

(11th Cir. Apr. 22, 2010)(quoting Parker v. Connors Steel Co., 855 F.2d 1510, 1524 (11th Cir.

1988)).

A judge is equally obligated to preside over a case when there is no legitimate reason to

recuse as he is to recuse when the law and facts require. U.S. v. Malmsberry, 222 F. Supp. 2d 1345,

1349 (M.D. Fla. 2002)(citing U.S. v. Greenspan, 26 F.3d 1001 (10th Cir. 1994)). Section 28 U.S.C.

§ 455 (b) outlines certain situations in which partiality is presumed and recusal is required.1 After

reviewing the explicitly enumerated conflicts of interest in which recusal is mandatory under Section

455(b), if the court does not find that any apply, the judge is obligated to continue to preside over

1
“[A judge] shall also disqualify himself in the following circumstances: (1) Where he
has a personal bias or prejudice concerning a party, or personal knowledge of disputed
evidentiary facts concerning the proceeding; (2) Where in private practice he served as lawyer in
the matter in controversy, or a lawyer with whom he previously practiced law served during such
association as a lawyer concerning the matter, or the judge or such lawyer has been a material
witness concerning it; (3) Where he has served in governmental employment and in such
capacity participated as counsel, adviser or material witness concerning the proceeding or
expressed an opinion concerning the merits of the particular case in controversy; (4) He knows
that he, individually or as a fiduciary, or his spouse or minor child residing in his household , has
a financial interest in the subject matter in controversy or in a party to the proceeding, or any
other interest that could be substantially affected by the outcome of the proceeding; (5) He or his
spouse, or a person within the third degree of relationship to either of them, or the spouse of such
a person: (I) Is a party to the proceeding, or an officer, director, or trustee of a party; (ii) Is acting
as a lawyer in the proceeding; (iii) Is known by the judge to have an interest that could be
substantially affected by the outcome of the proceeding; (iv) Is to the judge’s knowledge likely to
be a material witness in the proceeding.” 28 U.S.C. § 455(b).
Case 2:09-cv-00791-CEH-SPC Document 210 Filed 06/22/10 Page 3 of 3

the case. See Lawal v. Winners Int’l Rests Co. Ops., Inc., No. 1:04-CV-0913-WSD, 2006 WL

898180, at *4 (N.D. Ga. Apr. 6, 2006)(holding a trial judge has as much obligation not to recuse

herself when there is no reason to do so as she does to recuse herself when the converse is true).

Based on a review of Plaintiffs’ Emergency Motion for Recusal, the Court does not find that

its impartiality might reasonably be questioned. The Plaintiffs’ allegations in support of the Motion

for Recusal pertain to the Court’s issuance of a Rule 11 Order To Show Cause and the Plaintiffs’

disagreement with rulings of the Court. Adverse rulings are not grounds for recusal. Accordingly,

it is hereby ORDERED that Plaintiffs’ Emergency Motion for Recusal of Judge Charlene Edwards

Honeywell, (Dkt. 193) is DENIED.

DONE AND ORDERED at Ft. Myers, Florida, on June 22, 2010.

COPIES TO:
COUNSEL OF RECORD AND UNREPRESENTED PARTIES

-3-
Honey-from-Hell
What the heck
is that ?

IMPEACH HONEYWELL:

Not a
“legal description”
But a
Prescription of perversion
http://www.scribd.com/Judicial Fraud

http://www.scribd.com/Judicial%20Fraud
48
STEAMROLLER:
I trust in title forgery

Judge Charlene E. Honeywell


6/22/2010 Scott Hawkins

Our Firm Attorneys Practice Groups Firm New s Legal Updates Careers

Scott Gardner Hawkins Practice Groups


Business/Corporate
President-Elect Designate, The S ervices
Florida Bar Eminent Domain
Employment Law
Florida Bar Board Certified Business Litigation Litigation
Municipal Law
Lawyer
Martindale-Hubbell AV Rated Attorney
Education
J.D., Univ. of Florida, 1983
Scott, the firm's Vice-Chair (and Shareholder since B.S.B.A., honors, Univ. of
1990) and a the President-Elect Designate of The Florida, 1980
Florida Bar (2010 - 2011), practices commercial M .B.A., Univ. of
litigation with an emphasis on intellectual property, Edinburgh,
trade secret disputes, covenants not to compete Scotland, 1985
and real estate litigation. He also has significant
shawkins@jones-foster.com civil and administrative litigation experience in areas Bar Admissions
involving environmental and land use disputes and The Florida Bar
disputes involving claims arising under ERISA American Bar Association
direct dial: (561) 650-0460
Plans. His clients include technology companies Palm Beach County Bar
direct fax: (561) 650-0436
(internet technology, software development, Association
pharmaceutical product development), major
505 S outh Flagler Drive property land owners and insurance companies.
S uite 1100 Court Admissions
Scott will take the seat of President of The Florida
West Palm Beach, FL U.S. Supreme Court
Bar in 2011.
33401 All Florida State Courts
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A former President of the Palm Beach County Bar the 11th Circuit
Association, Scott was awarded Palm Beach U.S. District Courts for the
Atlantic University’s American Free Enterprise Day Southern,
Companion Medal in 2003. Scott was named "Most M iddle and Northern
Productive Young Lawyer" by The Florida Bar's Districts
Young Lawyers Section in 1995. He is listed as a
Corporate Counsel Super Lawyer and a Florida
Super Lawyer by Law & Politics Super Lawyers (extended bio)
Magazine; and is listed in The Best Lawyers in
America. Scott also has been recognized as one of
the Top Lawyers in South Florida by the South
Florida Legal Guide and listed as one of Florida
Trend Magazine's Legal Elite (2004).

©Copyright 2005 Jones Foster Johnston & Stubbs, P.A. All Rights Reserved

jones-foster.com/scott hawkins bio.htm 1/2


39
40
41
42
Case 2:10-cv-00089-CEH-TGW Document 21 Filed 06/11/10 Page 1 of 2

UNITED STATES DISTRICT COURT


MIDDLE DISTRICT OF FLORIDA
FT. MYERS DIVISION

DR. JORG BUSSE; JENNIFER FRANKLIN


PRESCOTT,

Plaintiffs,

v. CASE NO. 2:10-CV-89-FtM-36TGW

JOHN EDWIN STEELE; SHERI POLSTER


CHAPPELL; ROGER ALEJO; KENNETH
M. WILKINSON; JACK N. PETERSON;
GERALD BARD TJOFLAT; RICHARD JESSUP;
CIRCUIT JUDGE BIRCH; CIRCUIT JUDGE
DUBINA; RICHARD ALLAN LAZZARA;
CHARLIE CRIST; LEE COUNTY VALUE
ADJUSTMENT BOARD; LORI L. RUTLAND;
EXECUTIVE TITLE CO.; JOHNSON
ENGINEERING, INC.,

Defendants.
/

ORDER

THIS CAUSE is before the Court on two motions filed by Plaintiffs. On June 1, 2010,

Plaintiffs filed "Emergency Motions for Full Faith & Credit and Equal Court Access" (Dkt. 15). On

June 4, 2010, Plaintiffs filed an Emergency Motion to Enjoin Record Crimes & “Public Sale” Scam

Perpetrated by Defendant Corrupt Official Kenneth M. Wilkinson, Emergency Motion to Enjoin

Record Crimes and “Order Directing Public Sale of Real Property,” By Defendant Corrupt Official

Kenneth M. Wilkinson, Doc. # 432-3, 05/21/10, Public Notice of Prima Facie Criminality of

“Wilkinson’s Motion for Entry of Order Directing Public Sale of Real Property and Incorporated

Memorandum of Law,” Doc. #432, 05/21/2010, and Cover Up of Corruption Under Fraudulent

Pretenses of “Frivolity” (Dkt. 18). Upon review of the Motions, the Court finds no emergencies
Case 2:10-cv-00089-CEH-TGW Document 21 Filed 06/11/10 Page 2 of 2

have been presented. Therefore, the Motions will be addressed in due course after Defendants have

had the opportunity to respond. Additionally, the Court instructs Plaintiffs that under Local Rules

“[t]he unwarranted designation of a motion as an emergency motion may result in the imposition of

sanctions.” M.D. Fla. R. 3.01(e). These Motions and any future motions seeking similar action from

the Court are not to be designated as “emergencies.” Failure to comply with the Local Rules of the

Middle District of Florida may result in sanctions.

DONE AND ORDERED at Ft. Myers, Florida, on June 11, 2010.

COPIES TO:
COUNSEL OF RECORD AND UNREPRESENTED PARTIES

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6/22/2010 Electronic Case Filing | U.S. District Co…
INTAPP

U.S. District Court


Middle District of Florida (Ft. Myers)
CIVIL DOCKET FOR CASE #: 2:10-cv-00089-CEH-TGW

Busse et al v. Steele et al Date Filed: 02/09/2010


Assigned to: Judge Charlene E. Honeywell Jury Demand: Plaintiff
Referred to: Magistrate Judge Thomas G. Wilson Nature of Suit: 440 Civil Rights: Other
Case in other court: 10-12133-I Jurisdiction: Federal Question
Cause: 28:1331 Fed. Question

Plaintiff
Jorg Busse represented by Jorg Busse
Suite 2200
C/O Legal and Consular Department
100 N. Biscayne Blvd.
Miami, Fl 33132
239/595-7074
PRO SE

Plaintiff
Jennifer Franklin Prescott represented by Jennifer Franklin Prescott
P.O. Box 845
Palm Beach, FL 33480
PRO SE

V.
Defendant
John Edwin Steele

Defendant
Sheri Polster Chappell

Defendant
Roger Alejo

Defendant
Kenneth M. Wilkinson represented by Jack Neil Peterson
Lee County Attorney's Office
2115 Second St
PO Box 398

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