Posts Tagged ‘UBS’

SHORES OF PANAMA LAWSUIT UPDATE

ShoresOfPanama

REMEMBER “PANAMA PARTNERS” “PANAMA HOLDINGS” AND “ROBERT WOLF” OF PREVIOUS ARTICLE ON THIS BLOG SUCH AS “HOLDER HAS TIES TO THE PANAMA CITY MOB’

IT SEEMS THE DEFENDANTS HAVE BARRON/REDDING, JUDGE JAMES B. FENSOM’S OLD FIRM, REPRESENTING THEM INSTEAD OF BRIAN HESS. GUESS WHO REPORTEDLY WORKS FOR THEM???? I HEAR CAROL LYNN BRUST GRISSETT….

REMEMBER ARNONE????

REMEMBER GULF COAST TITLE???

REMEMBER CHICAGO TITLE???

REMEMBER WHITE WESTERN MEN’S CLUB???

REMEMBER FLORIDA TITLE????

REMEMBER REV. J.W. HUNT???

REMEMBER GLENN HESS???

REMEMBER PANAMAED!!!!

Federal Trial Update from the good guys:

Federal Trial:  As you probably know the Shores Federal trial started on Wednesday January 27th.   Today, Feb 3rd at 6PM the trial ended with a verdict from the jury.  The suit was against 4 bulk buyer board members for not doing their fiduciary responsibilities because they:

 

  • Gave away our beach to Shores of Panama Holdings LLC  (a bulk buyer company)
  • Took over the front desk for the bulk buyer hotel rental business at no rental compensation to the association as owners of the front desk
  • Paid the bulk buyer from Association funds $551,171 over the past 3 years for a debt going back to 2009 that the association did not owe.

 

ELEVEN MILLION, NINE HUNDRED AND SIX THOUSAND ONE HUNDRED AND SEVENTY ONE DOLLARS.

 

$11,906,171

 

YES, that is the amount the jury awarded the Association at Shores of Panama.  It is $1,906,171 in actual dollar value that they took from the association and $10,000,000 in punitive damages.

 

There is a lot of work to go and we are already planning our next steps with our attorneys.  The Federal trial established the framework for success in the remaining legal actions coming this year.

 

We believe we are in very good position for settlement discussions.  For those owners who want to settle…this puts us in excellent negotiating position.

 

Personally I want to thank all owners who believed in the board, supported us, prayed for us and never gave up hope.  I want to thank John Townsend and John Cottle from Becker & Poliakoff for doing outstanding work as our attorneys.

 

Personally I want to thank Denise Hindes who led the legal effort and put 100’s of hours into all our legal efforts.  I surely could not have done anywhere close to what Denise was able to accomplish in her leadership of our legal actions.

 

Personally I want to thank the board directors who stuck to our strategy in the lawsuits.  We believed we were justified in all our dealings.

 

And Personally, I want to thank my circle of close friends who are owners at Shores.  Your support, encouragement and comments of appreciation sustained me over the past years.

 

We, the board, commit to look out after the interests of all unit owners.   There is so much more to come. I’ll be providing another update soon.

 

BREAKING NEWS FROM THE “OFFSHORES” OF PANAMA:

We are proud to announce A MAJOR VICTORY for the individual unit owners at Shores of Panama.  Judge Overstreet via a Summary Judgement has ruled that the Front Desk is the property of the Association.  This ruling happened this past Thursday.  I attached the Judge’s order to this email.  If you don’t want to read the whole order, the summary version of his decision is as follows:

 

  1. Shores of Panama Resort Community Association owns and is entitled to exclusive possession of the front desk at Shores of Panama I as part of the Commercial Registration Unit.
  2. The Clerk is directed to issue a writ of possession in favor of Shores of Panama Resort Community Association to eject Shores of Panama Club LLC from the front desk at Shores of Panama I.
  3. Shores of Panama Club, LLC shall provide to Shores of Panama Resort Community Association an accounting of the income and profits received from its operations of the front desk.

 

DONE AND ORDERED in Chambers, Bay County, Florida this 13th day of January, 2016

 

This is a huge win for us.  It’s interesting that the judge is requiring the Club to give the association an accounting of the revenues and profits of the front desk during their use of our property.  It’s too early to determine the reasoning behind this order but must certainly be good news for the association.  We have a closed board meeting with our Attorney this coming Monday to discuss the proper and legal process to take over of the front desk.  Although we know in general what we will be doing with the front desk we will need to quickly decide on the certain steps to make the front desk beneficial to all owners.

 

As expected the Bulk Buyer has already issued a request for a “stay” to Judge Overstreet’s order.  Our attorney’s has already written our response to their request of the stay. We are tweaking the response and will it with Judge Overstreet first thing Tuesday morning (Court is closed on Monday).   We feel good that our response very sufficiently expresses the reasons the “stay” should not be granted and that the judge will not order the “stay”.  The hearing for the motion is scheduled for this coming Tuesday afternoon.

 

 

Federal Trial:  NOT SO GOOD NEWS about the Federal Trial.  Judge Hinkle issued the order that the jury trial will take place in the Federal Courthouse in Tallahassee.  Although we are challenging the change of location, it looks fairly certain that the trial will be held in Tallahassee.  The facilities in Tallahassee are significantly better than those in PCB.

 

  1. Trial starts at 8:30 Monday Jan 25th  Eastern Standard Time.  Jury selection will take about 2 hours and then will go directly into the trial.  Monday is when the plaintiff and defendant attorneys give their briefs.  Actual testimony could start sometime that Monday afternoon.
  2. On Tuesday, Wednesday and Thursday the trial will begin at 9AM.  Note that Tallahassee is in Eastern Time Zone which is one hour earlier than PCB.  The Federal Courthouse is downtown Tallahassee at 111 N Adams Street.
  3. There is no trial on Friday.
  4. If we are not done the first week, the trial will resume on Monday Feb 1st.
  5. Denise, me and our attorney will be staying in Tallahassee from Sunday until Thursday.  If necessary will return the following Monday.  Owners are welcome to stay in Tallahassee or do day trips.
  6. It is about 2 ½ hour trip to the Tallahassee courthouse.  Be sure to factor in that Tallahassee is in Eastern Time Zone.

 

 

This is a mass email with blind copies to about 425 owners.  It contains information about what is going on at Shores of Panama to help keep you abreast of the issues.  Although I am on the Board of Directors, this email and information is NOT official Board information.  All official Board communications will come to you via EmeraldView Management.

COURT NEWS: Update on the May 14th weekend: On the morning of the scheduled deposition of Serge Halberthal (April 23rd) the bulk buyer’s attorney filed an emergency motion for protective order to prevent Serge from being deposed. The bulk buyer also filed a motion to strike and vacate our dismissal to nullify settlement agreement and nullify the quit claim deed. (The Proxy) In short, the bulk buyer is arguing that Judge Fensom doesn’t have jurisdiction regarding the beach settlement agreement since it was dismissed by the Bulk Buyer controlled BOD after the fraudulent quit claim deed was filed.  As a result of this stall tactic our attorneys filed a motion for continuance in order to obtain Serge’s deposition prior to the beach settlement being heard. Judge Fensom granted us a continuance in order to secure a deposition from Serge prior to the beach settlement hearing. Unfortunately, this will cause the beach settlement hearing to be postponed to a future date to be determined on May 14th.  On May 14th there will be a short hearing to determine if Judge Fensom has jurisdiction and if not the case will be heard by Judge Overstreet at a future date to be determined. If Judge Fensom determines that he has jurisdiction the COA attorneys will request a new hearing date where the beach settlement agreement along with the beach lawsuit will be heard simultaneously. This could dramatically speed up the entire process if both are heard simultaneously.

PROXY VOTE:  I’m sure you are all aware of the Proxy vote for the beach that took place April 18th.  Since the old board deeded our beach to one of their LLCs it is necessary to go to court just to get back what was already ours.  Florida Statute 718.3026(3) provides a possible way that we can rescind the beach settlement agreement.  This is the reason for the proxy.  We need a 50% plus 1 vote to obtain a majority.  That is 388 votes.  We received 405 proxies so successfully gained our goal.  It was filed with the courts so is officially on record.  It will be used in the court hearings.

FEDERAL LAWSUIT:  There is a trial by jury in November in Federal Court.  In this suit some current and former board members are being personally sued for actions they took while being on the board.  In this trial the Board is asking for reimbursements for actual and punitive damages.  The bulk buyer filed to have the suit dismissed but just 2 days ago the federal judge ruled that we have a valid suit and rejected the bulk buyer appeal.

BUILDING SHIFT:  It is unfortunate that an owner (Mr. Bill) sent out a mass email implying that we might have trouble with a shifting building.  Personally I look at the email as a “The sky is falling” tactic.  Why this was done I don’t know. The Board, our maintenance, original developer, FDIC, management companies and an engineering company have known about this for years.  About 3 years ago the engineering company installed a meter device on the gap so it can monitor any shift.  It is common to have a slight amount of shifting in a building.  During initial construction the 2 buildings were not perfectly aligned.  The Board and management company are monitoring it and as of now there is no significant movement.  No need to panic.  This is also part of our building defects investigation.

CLEARLY ABUSE OF JUDICIAL DISCRETION:

SOPFensomOrder

LAST TWO WEEKS: 

On Wednesday June 25th the Division ruled on the recall and the ruling is in favor of us owners.  Effective June 25th the four new members filling the board positions are owners Denise Hindes, Jerry Dow, Enoch Hartman and myself.  This completed our 7 month recall effort.

On June 30th we held our first organizational board meeting and election of officers resulted in:  President – Dean Lautzenheiser, Vice President – Denise Hindes, Secretary – Enoch Hartman and Treasurer – Jerry Dow.  The other three board members controlled by the bulk buyer did not participate in the board meeting.  I see this as consistent with their past behavior that they do not want to work with owners.

THEN…:

 

After that Monday board meeting we stayed at Shores through Thursday and put in 12 hour days working on organization and issues and priorities.  Denise also spent very significant amount of time both at Shores and from home working on the same and we had a couple other owners working with us.  Fact is our team put in a massive amount of work to get things started to correct so many issues at Shores that have been ignored for so long. The next step was a 2nd board meeting slated for July 7th to get board vote approval to move forward with our plans.

About 45 minutes prior to the July 7th scheduled board meeting an attorney for the bulk buyer showed up with a court injunction to stop all board activity.  We had to cancel the meeting or be in contempt of court.  The bulk buyer also filed a “trial de novo” with the circuit court to contest our winning the Division ruling.  What does that mean???  It means we will spend another $8,000 in attorney fees to defend our position.  We have a very strong case and their filing is very weak.  It is only meant to stall the inevitable and cost us money. The bulk buyer claimed they will out spend us in legal proceedings to get their way.  This is there latest effort.  Unfortunately because of the way these are filed the payment of attorney fees relies on contributions.  Only 1/3rd of the owners are contributing money to our legal efforts to save Shores.  We need contributions to pay the attorney.  Please contribute.

JACK GOLD:

 

A consultant hired by the bulk buyer, Jack Gold, has been calling owners to solicit input on how to solve problems at Shores to benefit everyone.  He talks of working together to make the place better, but does not want to hear the 2 year history of the bulk buyer not willing to work with us owners.  Jack is a consultant with probably no powers whatsoever to make changes at Shores.   He would not tell me who specifically hired him.  He admitted he has no authority to sign any contract or agreement.  He said he is a “listener” and will report his findings to “someone or all”.  He would not say who he reports to.  We briefly discussed a face to face meeting next Thursday but he couldn’t commit to be able to sign any agreement or make decisions to move forward…he would only be there to listen.  No need for any meeting with him. Three bulk buyer employees from their Brooklyn NY home office have been to Shores to “listen” and nothing ever came of it.  I believe Jack’s true mission is to contact owners to make them feel like the bulk buyer really cares about us in hopes that we will be nice to them and maybe even vote for them in upcoming election.  “The best prediction of future behavior is past behavior “– Dr. Phil. The bulk buyer has never acted on any requests given by owners.  Don’t expect this behavior to change.

GOING FORWARD:

We have a hearing with the judge next Wednesday, July 16th at 3:30.  This hearing is before Judge Fensom to dissolve the injunction that the judge ordered.  The injunction did not remove any of us owner Board members, it simply stopped us from making any Board decisions.   Our attorney, working mainly with Denise, created a very good strategy and defense.  Their evidence plus the witnesses called to testify will present a very compelling case that we think the judge cannot ignore.  We feel confident that the injunction will be dissolved and we can move forward with making changes at Shores.  We will stay after the Wednesday hearing to work on matters going forward.  Our next hurdle that they threw at us is the trial de novo and we should have a court hearing before end of month.

Nothing will change unless we stay the courses and be in control of the Board. Please consider donating to the legal fund if you have not yet done so.  Contact me and I can give you the details of contributing to the fund.

If you want to contact a Board member the email information is:  Denise Hindes (dhindes@allinonemgmt.com), Enoch Hartman (enochjr@bellsouth.net), Jerry Dow (jadow@RFSDelivers.com) and Dean (D_Lautz@bellsouth.net)

Sent: Friday, June 27, 2014 3:31 PM

Subject: Shores Update

This is a mass email with blind copies to about 375 owners.  It concerns general information about what is going on at Shores of Panama.  This email and information I provide is coming to you as simply a unit owner in SOP resort. Dean Lautzenheiser

 

RECALL STATUS: 

Our recall effort started January 6th when we turned in 404 votes to the Division for the recall.  This Wednesday June 25th the Division ruled on the recall and the ruling is in favor of us owners.  Effective June 25th Stewart Berman, Aaron Klein, Solly Halberthal and Isere Halberthal are no longer on the board.  Effective Wednesday June 25th the four new members filling the board positions are Denise Hindes, Jerry Dow, Enoch Hartman and myself.

 

Effective immediately the individual owners now control the majority of the Board while the bulk Buyer has a minority 3 members!  It was a 6 month effort but we finally cleared this first big hurdle.  We anticipate that the bulk buyer will create more hurtles to overcome.  The good news is that in having the majority of the board, we are in a much better position for addressing future issues.

BOARD MEETING:

 

The first Board meeting of the new Board will be Monday, June 30th at 1PM. Since the COA has no suitable meeting space at Shores we will have the meeting off-site.  It will be held on the ground floor Event Center at Grand Panama Beach Resort, 11800 Front Beach Road.  This is about 2 miles west of Shores on Front Beach Road.  The Event Center is on the ground floor in the tower on the north side of the road…not beachside.  When turning in you will see a garage tunnel through the building.  Go through it and park anywhere on the west side or in the 2 story parking garage west of the tower.

You may attend in person or call in.  The call-in numbers are:

Call in:  866-415-4341

Code:  253 721 3408

This first board meeting will be organizational in nature to elect new officers, talk about financial transition, building security transition, association records transition and other matters that may come up.  At least 3 of the new board members will be in PCB most of next week to have meetings with the management group and others to get things rolling.  Some things we will be able to do quite soon but other things will continue to take court action.  We will be researching these next week.

We thank everyone for their support.  We will need many volunteers in the near future to work on various projects.  Let me know if you can help…have already heard from several volunteers.

SOPRecall Ruling June 25 2014 y Leah Simms

Sent: Tuesday, June 03, 2014 5:58 PM

Subject: SHORES OF PANAMA LAWSUIT UPDATE

This is a mass email with blind copies to about 375 owners.  It concerns general information about what is going on at Shores of Panama.  This email and information I provide is coming to you as simply a unit owner in SOP resort. Dean Lautzenheiser

 

OVERVIEW:

 

Many, many owners have written about their disgust of Shores and their dreams of a great beach investment evaporating.  Some are getting out.  Others can’t.  We are the unfortunate investors of a developer’s greed by keeping the pools, front desk and commercial areas as private, for profit business.  To top it off, we are the unfortunate recipients who are receiving even worse economic strangulation by a group of greedy business people out of Brooklyn New York.  And that strangulation can only be resolved in court…they are not about to negotiate anything with us.  They won’t even reply to my emails.

 

The recall has been 4 ½ months in the process so we are getting very close to a decision.  We are confident we owners will take over the majority of the board this month.  Unfortunately we were assigned a very incompetent arbitrator on our case.  The legal suit against the Club concerning amenity fees and egress/ingress is basically on hold until we take over the board.  Serge’s Club tactics for wrist bands, rude front desk employees, rude pool guards and general owner and guest abuse is getting worse.  There is no evidence at all that without legal and board action from us owners that things will improve.  “Serge’s group” just doesn’t care about us.  Be sure to read the last paragraph in this update.

 

RECALL STATUS: 

Our recall effort started January 6th when we turned in 404 valid votes for the recall.  Of course the Board rejected it by claiming, without any evidence, that 167 ballots were forged.  Unconscionable!  The arbitrator assigned to our case is Leah Simms and she has proven to be incompetent.  Instead of going into the disgusting details, just read the attached article about Leah Simms.  We are not the only COA suffering from her actions. Last Friday we sent a letter of complaint to the Director of the Condo Division at the Department of Business and Professional Regulations.  We will aggressively pursue our complaint to get resolution within a couple weeks.  It is expensive to have our lawyer involved but we have no other options.  The sad thing to consider is that if we had gotten a competent arbitrator in January, we would have taken over the board months ago.

WHEN WE TAKE OVER THE BOARD THERE ARE SOME THINGS THAT WE CAN DO IMMEDIATELY.

  • We will take the locks off of the COA gates.  The Club cannot have any locked gates if they are not hooked into the fire alarm system.  The COA owns the fire alarm system and we will not let them tap in.  That eliminates them from just installing their own locked gates.
  • We will take control of the finances.  They just bounced a $130,000 association check.  We do not know how much money we have in the bank.  We do not know if we are paying our bills.
  • We will make the Club pay their portion of electricity, water and garbage that they are using off the Association.
  • We will find out if we have adequate insurance for the building and insured at the proper FEMA designated flood zone.
  • We will have a manned front lobby desk for security, owner and guest help.
  • We will make a 2014 budget and abide by it.  We will find out the details and costs of the internet system.
  • We will immediately start the cleaning of the building and repair of equipment.
  • We will proceed with the lawsuit about amenity fees.

SHORES CONDITION:

 

We continue to get reports from owners and guests at Shores that the building looks as bad as ever.  It seems some of the damage and filthy grime from Spring Break has been taken care of but the building is in need of an overall good scrub-down.  The CAM told me a month ago that he was looking into it but no action yet.  The new general manager is Steve Dunn and he can be reached at agm@shorescoa.com.  My recommendation is not to call the Front Desk for anything other than wrist band issues.  If you have a unit problem it is best to call Security.

We are getting constant owner and guest stories of very bad experiences in getting wristbands.  Rules change constantly.  Per the Club Agreement that we are supposed to abide by, owner guests and guests staying in the owners unit have the same rights as owners.  Thus it is illegal for them to be charging in the first place.  This is at the very core of our legal suit.  It is quite clear that “Serge” will not give up this free $2 million revenue stream without a major fight.  It has to go to court if we ever want relief.  That costs money.

LEGAL ACTION:

 

The lawsuit is still in place and we are waiting for the Recall to get approved before proceeding.  It appears all upfront motions and delays are done so ready to go straight to discovery, depositions and then trial.  A Developer (Breland) lawsuit has been filed against the FDIC and bulk buyer that may help our case too.

Serge has filed a personal lawsuit against me and my wife via one of their LLCs, Shores of Panama 1.  That was filed December 31, 2013. My attorney replied with a Motion to Dismiss.  Nothing was heard from them until last month when their attorney agreed that their original filing was poorly written and redundant (they originally had 147 counts against us).  He said they would revise their suit against me and refile.  Basically, the suit says Dean and my wife Rhonda are liars, we hung around the sales office and harassed their sales reps, we sought out potential owners and convinced them not to buy at Shores and stopped the sales of units to the point that they could not meet their mortgage requirements and had to refinance because of us.  Of course their filing had no documentation or affidavits attached to prove their claims.

Rhonda and I are not in the least concerned about losing this lawsuit.  We believe it is solely intended by Serge to intimidate us and cost us legal fees.  We are not intimidated but are paying fees out of our pocket.  I have mentioned previously that they are ruthless.  They use legal suits at their whim whether there is a case or not.

CONTRIBUTIONS NEEDED: 

There are about 120 owners out of about 375 owners who have contributed to the lawsuit and recall efforts.  Thus about 1/3rd of the owners are supporting the efforts to make Shores a good investment and a wonderful vacation or 2nd home place.  When we win the lawsuit and recall it will favor every owner whether your rent your unit or not.  We need more participation.  Serge’s attorneys’ delays and motions to dismiss plus the incompetence in the State Division has greatly increased attorney participation and thus fees.  (Serge is using 7 PCB attorneys plus his main attorney out of Miami.)

The normal asking contribution has been $500 per unit.  We ask owners to contribute what they can…we appreciate all donations.  We have received donations from $100 to over $4,000.  Please contribute what you can.  You can send the check made out to me at our home address below OR you can make the check out to Becker & Poliakoff, our legal firm.  Please join in.  If we have no money to pay the attorney, it is certain we will have to stop the suit and the bulk buyer (plus Serge) will “rob” each unit between a $1,000 and $2,000 in amenity fees EACH YEAR.  It has to stop.

Dean Lautzenheiser

6650 Polo Drive

Cumming GA 30040

(770) 634-5474

D_lautz@bellsouth.net

PLEASE READ THIS:  Leah Simms Article

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R.I.P. Earl Kedrick Durden (1936-2010)

Earl K. Durden--Gov.Jeb Bush

 

Kedrick Earl Durden, 73, of Panama City Beach, Fla., passed away Sunday, April 25, 2010 in his home surrounded by his family. Mr. Durden was born Sept. 29, 1936, in Hartford, Ala. He was the oldest child of the late Kedrick and Martha Strickland Durden. He will be remembered as a loving son, brother, husband and father, loyal friend, successful businessman and a longtime philanthropist in his community, state and nation.

Mr. Durden graduated from Rehobeth High School in Dothan, Ala., in 1954 where he was voted “Most Likely to Succeed” and lettered in football. He served in the United States Air Force from 1954 to 1958. While continuing to serve in the United States Air Force Reserve and managing a large furniture store in Topeka, Kan., from 1959 to 1962, Mr. Durden also earned a bachelor’s degree in accounting and finance from Washburn University.

After graduation from Washburn, Mr. Durden was hired by AT&T where he completed an extensive management training program. He then was hired as the manager of the Accounting Department for the newly built paper mill in Cedar Springs, Ga. He next took an assignment with his company, Great Northern Nekoosa, in Millinocket, Maine. After successfully completing this assignment, Mr. Durden transferred back to Cedar Springs in 1967 where he was promoted to vice president, general manager and director of the paper-mill owned railroad, the Chattahoochee Industrial Railroad. He served in this position until 1975, during which time he also was a member of the paper mill’s Executive Committee and was the project manager for a major mill expansion. During that period, the Chattahoochee Industrial Railroad was recognized as the most efficiently operated railroad in the United States.

During Mr. Durden’s tenure with Great Northern Nekoosa, he was also a member and state coordinator of the Executive Reservist in the Office of Emergency Transportation; president, director and member of the Executive Committee of Tri-Rivers Waterway Development Association; served on the Committee of 100 and the Transportation Committee of the Georgia State Chamber of Commerce; and served as a governor of the Georgia Business and Industry Association, representing railroads in the state.

From 1975 to 1980, Mr. Durden began a very successful transportation consulting practice. His clients included DuPont, Jim Walters Corp., Lundy-Thagard Oil Co. and Green Bay Packaging Corp..

During this same time period, Mr. Durden started up several disparate businesses in and around the Dothan, Ala., area, including a furniture store, a wooden pallet manufacturing plant and sawmill, an electric motor sales, repair and maintenance company, and two restaurants and nightclubs. Mr. Durden also served as president of the Northview High School Quarterback Club.

In 1980, Mr. Durden founded two companies, Rail Management Corp. and Rail Switching Services Inc. Rail Management Corp. owned and operated short line railroad companies all across the United States, eventually acquiring and operating 16 different railroads, including the Bay Line Railroad, which connected Panama City to Dothan. Rail Switching Services Inc., which Mr. Durden co-founded with his longtime friend and mentor, C.F. Fischer III of Dothan, provided in-plant rail services to large volume rail users all across the United States. Rail Switching Services’ first operation was serving the paper mill in Panama City.

Mr. Durden was an icon in the railroad industry with a reputation for operating the most efficient and safely run railroads in the United States. He sold Rail Management Corporation in 2005 and Rail Switching Services in 1995.

Mr. Durden served as chairman of the American Short Line and Regional Railroad Association for many years. Due to his successful advance of railroad legislation during his tenure, the association began an annual award, the “EARL” Award, which stood for Efforts in Advancing Rail Legislation. This award is given annually to the individual who demonstrates the best efforts in this area.

Mr. Durden moved from Dothan to Panama City in 1988. He founded a local community bank which was eventually acquired by Superior Bank of Birmingham, Ala. Mr. Durden continued to serve on the board for Superior Bank until his death.

He was a past chairman of the Florida Transportation Commission and served as a commission member for eight years. During his tenure, Mr. Durden was largely credited with securing the funding for the new Hathaway Bridge and the four-laning of State 79 and State 77. Last week, the Florida Legislators honored Mr. Durden for his contribution to the economic development of Panama City, Fla., by renaming a four-mile portion of State 79 the “K. Earl Durden Highway.”

During his time in Panama City, Mr. Durden was a member of the Florida Base Relocation Appointment Committee, served on the Bay County Economic Development Alliance, chaired the K-12 grade Sub-Committee of the Florida State University-Panama City Presidential Blue Ribbon Committee, was on the board of the Florida Council of 100, a director of the James Madison Institute, and director and past chairman of the Florida Justice Reform Institute.

Mr. Durden was an active participant and proponent for his community and the states of Florida, Alabama and Georgia. He was named by the Florida Trend Magazine as one of the 100 most influential persons in Florida.

Earl was beloved by his family, friends and associates. He drove to Slocomb, Ala., every Sunday to eat lunch with his beloved parents, brothers and sisters until his parents’ deaths. He has left a huge void and will be sorely missed.

He is survived by his loving wife, Karen Levy Durden of Panama City Beach, Fla.; his son, Michael Durden of Panama City Beach and Miami, Fla.; and his two stepsons, Patrick Green of Panama City Beach, Fla., and James Green of Tampa, Florida. He is also survived by his siblings, Lawrence Durden and his wife, Patsy, of Abbeville, Ala., Wynell Dawsey and her husband, Walter “Chunky,” of Dothan, Ala., Charlotte Price of Miami, Fla., Sandra McAlister and her husband, Jerry “Skeet,” of Slocomb, Ala., Roger Durden and his wife, Barbara, of Dothan, Ala., Judy Duell and her husband, Ron, of Compass Lake, Fla; nieces and nephews, Royce Dawsey, Rodney Dawsey, Rhonda Dawsey Jordan, Robin Dawsey, Bobby Price, Wendy Price Caiboya, David Durden, Donna Durden Walker, Vicki Durden Munn, Sherry Durden Davis, Paige McAllister, Derrick Duell, Troy Duell, and many great-nephews and great-nieces.

He is preceded in death by his parents and a niece, Jerri Lynn Hovey.

Funeral services for Mr. Durden will be held at 2 p.m. Wednesday, April 28, 2010, at the First Baptist Church of Panama City with the Rev. Clyde Ellison officiating. Private family entombment will follow. Asked to serve as pallbearers are George Roberts, David Spencer, James Finch, Harry Sipple, Scott Helms and Larry Parker. Honorary pallbearers are Charles Hilton, Charles Whitehead, former Speaker, Allan Bense, Lowell “”Jake”” Jacobsen, Leo N. Crowley, James F. Kress, Mack Dove, Burl Lane, Frank Harrell, Bob Sandage, Edwin Clark, Cecil Bowden (deceased), Euell Benton (deceased), C.F. Fisher, III, Sen. Don Gaetz, Rep. Jimmy Patronis, Rep. Marti Coley, Gov. Jeb Bush, U.S. Rep. Spencer Bachus, Gov. Charlie Crist, Floyd Skinner and Corby Myers.

FOLLOW THE YELLOW BRICK ROAD….

http://people.equilar.com/bio/k.-earl-durden-superior-bancorp/salary/58185#.Vr8269ByyMk

 

 

ERIC HOLDER HAS TIES TO PANAMA CITY BEACH, FLORIDA MOB

UPDATE ON FEDERAL TRIAL:

FEDERAL TRIAL THIS MONTH:  The federal trial will begin on Monday January 25th in the Federal Courthouse in Panama City.  This trial is a suit against 4 of the bulk buyer board members for lack of fiduciary duties while serving on the board.  We are asking for monetary damage.  The four former board members being sued by us are Solly and Isere Halberthal (brother and son of Serge), Josh Ostreicher (Read Properties CFO) and Yaakov Glatter (an employee of Read Properties in Brooklyn, NY).  There are 3 issues in this suit:

·         Unlawful taking of the beach property by the bulk buyer

·         Unlawful payment of about $525,000 debt to the bulk buyer for past debt

·         Unlawful use of the front desk (pre-trial agreement that the front desk has a value of $100,000 per year)

 

Actual damages, punitive damages and attorney fees can be granted by the jury.

 

The results of this trial will set the stage for negotiations.  Robert Wolf (CEO of Read Properties) has responded and agreed to our request for settlement negotiations and these will start taking place after the trial.

 

The Federal Courtroom is very small.  We anticipate a seating capacity of only 25.  We don’t think there will be many guests of the defendants.  We want as many owners to attend as possible but the doors will be closed when the room fills up.  I will be posting more information about this in the elevators and lobby windows the weekend before the trial.

 

REMEMBER JODY BRELAND COUCH???

http://www.wkrg.com/story/29112419/2-pain-management-doctors-arrested-in-mobile-on-drug-fraud-charges

http://www.advancedbackgroundchecks.com/johnpatrick+couch/27106442

http://www.advancedbackgroundchecks.com/jody+breland/269592417

http://www.corporationwiki.com/Florida/Panama-City/emerald-view-association-management-llc/26636991.aspx

CARE HOUSE

http://www.corporationwiki.com/Florida/Panama-City-Beach/care-house-inc-2891954.aspx

WHO TOTED THE NOTE TO RONNIE GILLEY’S COUNTRY CROSSING???

WILLIAM H.T. “UNCLE BUCKY” BUSH’S LORD ABBETT…..

http://www.corporationwiki.com/Florida/Panama-City-Beach/ebb-tide-development-of-bay-county-inc-4067809.aspx

BREAKING NEWS FROM THE “OFFSHORES” OF PANAMA:

This is a mass email with blind copies to about 425 owners.  It contains information about what is going on at Shores of Panama to help keep you abreast of the issues.  Although I am on the Board of Directors, this email and information is NOT official Board information.  All official Board communications will come to you via EmeraldView Management.

COURT NEWS: Update on the May 14th weekend: On the morning of the scheduled deposition of Serge Halberthal (April 23rd) the bulk buyer’s attorney filed an emergency motion for protective order to prevent Serge from being deposed. The bulk buyer also filed a motion to strike and vacate our dismissal to nullify settlement agreement and nullify the quit claim deed. (The Proxy) In short, the bulk buyer is arguing that Judge Fensom doesn’t have jurisdiction regarding the beach settlement agreement since it was dismissed by the Bulk Buyer controlled BOD after the fraudulent quit claim deed was filed.  As a result of this stall tactic our attorneys filed a motion for continuance in order to obtain Serge’s deposition prior to the beach settlement being heard. Judge Fensom granted us a continuance in order to secure a deposition from Serge prior to the beach settlement hearing. Unfortunately, this will cause the beach settlement hearing to be postponed to a future date to be determined on May 14th.  On May 14th there will be a short hearing to determine if Judge Fensom has jurisdiction and if not the case will be heard by Judge Overstreet at a future date to be determined. If Judge Fensom determines that he has jurisdiction the COA attorneys will request a new hearing date where the beach settlement agreement along with the beach lawsuit will be heard simultaneously. This could dramatically speed up the entire process if both are heard simultaneously.

PROXY VOTE:  I’m sure you are all aware of the Proxy vote for the beach that took place April 18th.  Since the old board deeded our beach to one of their LLCs it is necessary to go to court just to get back what was already ours.  Florida Statute 718.3026(3) provides a possible way that we can rescind the beach settlement agreement.  This is the reason for the proxy.  We need a 50% plus 1 vote to obtain a majority.  That is 388 votes.  We received 405 proxies so successfully gained our goal.  It was filed with the courts so is officially on record.  It will be used in the court hearings.

FEDERAL LAWSUIT:  There is a trial by jury in November in Federal Court.  In this suit some current and former board members are being personally sued for actions they took while being on the board.  In this trial the Board is asking for reimbursements for actual and punitive damages.  The bulk buyer filed to have the suit dismissed but just 2 days ago the federal judge ruled that we have a valid suit and rejected the bulk buyer appeal.

BUILDING SHIFT:  It is unfortunate that an owner (Mr. Bill) sent out a mass email implying that we might have trouble with a shifting building.  Personally I look at the email as a “The sky is falling” tactic.  Why this was done I don’t know. The Board, our maintenance, original developer, FDIC, management companies and an engineering company have known about this for years.  About 3 years ago the engineering company installed a meter device on the gap so it can monitor any shift.  It is common to have a slight amount of shifting in a building.  During initial construction the 2 buildings were not perfectly aligned.  The Board and management company are monitoring it and as of now there is no significant movement.  No need to panic.  This is also part of our building defects investigation.

This is a mass email with blind copies to about 375 owners.  It concerns general information about what is going on at Shores of Panama.  This email and information I provide is coming to you as simply a unit owner in SOP resort.

https://www.linkedin.com/profile/view?id=75684485&authType=NAME_SEARCH&authToken=sSYP&locale=en_US&srchid=1639572821398287186495&srchindex=9&srchtotal=27&trk=vsrp_people_res_name&trkInfo=VSRPsearchId%3A1639572821398287186495%2CVSRPtargetId%3A75684485%2CVSRPcmpt%3Aprimary

It seems the FDIC bailed out some Banks that had been robbed by some Developers in Panama City Beach, Florida and guess who was involved all along?

holderpic

ERIC HOLDER.

UBS, through “shell front companies” in New York, acquired Condos at the Shores Of Panama for pennies on the dollar.

This is how it all ties together:

Brad Birkenfeld worked for Switzerland’s largest bank, UBS. He exposed a multi-billion dollar international tax fraud scandal shortly after registering as an IRS whistleblower. It involved hundreds of billions of dollars (over 17,000 accounts) being hidden from IRS detection, largely by corporations and very wealthy individuals in the U.S. and U.K.

Birkenfeld was arrested for violating banking laws and was sentenced to 40 months at a federal prison in Pennsylvania. He is the only U.S. citizen to be sentenced for the scandal. At first, it was a secret to which wealthy Americans benefited from these tax evasion tactics, possibly because an unspecified number of the account holders were found to be U.S. Congressional leaders and other politicians.

Shortly before Eric Holder accepted President Obama’s offer to head the office of the Attorney General, he was legal council for UBS. It is also important to know that UBS’s President, Robert Wolf, is not only one of Obama’s golfing buddies, but one of his largest campaign contributors. Birkenfeld is scheduled to be released November 29, 2012.

BIRKENFELD IS SCHEDULED TO BE RELEASE JUST AFTER THE ELECTION!

NOT JUST WHISTLING DIXIE-

CUTTING OFF “KNOWS” TO SAVE FACE

PART 1-

http://www.thebradentontimes.com/news/2012/08/29/investigative_reports/not_just_whistling_dixie/

PART 2-

http://www.thebradentontimes.com/news/2012/09/01/investigative_reports/not_just_whistling_dixie_part_2/

UPDATE: JAILED WHISTLEBLOWER GETS MILLION$

The whistleblower in a breakthrough tax fraud case against Swiss bank UBS AG has won a record-setting $104 million reward from the U.S. Internal Revenue Service, a handsome payout that could entice more informants to come forward.

Bradley Birkenfeld, who once confessed to smuggling diamonds in a toothpaste tube, was not present at the news conference on Tuesday where his award was announced by his lawyers.

He was released from prison just last month and is living in New Hampshire under home confinement at a friend’s estate where he is gardening and assisting with other jobs involving manual labor on the property, the lawyers said.

Based on netting roughly $44 million after paying federal taxes and legal fees, which tax lawyers not involved in the case called a reasonable estimate, Birkenfeld realized about $46,000 for each day he spent in prison.

In a case that shook Swiss banking to its core, UBS in 2009 entered into a deferred prosecution agreement and paid $780 million in fines, penalties, interest and restitution to settle charges that it helped thousands of wealthy Americans hide billions of dollars in secret Swiss accounts.

U.S. authorities are still investigating other Swiss banks.

Birkenfeld knew the inner workings of UBS and spilled many secrets about his former employer’s dealings with U.S. clients. But he was jailed after the government said that he withheld other information and he spent 30 months in prison.

He is scheduled to be freed from home confinement in late November and he is continuing to help government tax authorities with their investigations, said his lawyers, Stephen Kohn and Dean Zerbe, who would not discuss their cut of the award.
http://www.reuters.com/article/2012/09/11/us-usa-tax-birkenfeld-idUSBRE88A0TE20120911

PANAMA PARTNERS DEED:

http://records2.baycoclerk.com/oncoreweb/showdetails.aspx?id=6832940&rn=32&pi=2&ref=search

PANAMA HOLDINGS DEED:

http://records2.baycoclerk.com/oncoreweb/showdetails.aspx?id=6832941&rn=27&pi=1&ref=search

SHORES OF PANAMA, LLC DEED:

http://records2.baycoclerk.com/oncoreweb/showdetails.aspx?id=6832946&rn=68&pi=4&ref=search

SHORES OF PANAMA DEED:

http://records2.baycoclerk.com/oncoreweb/showdetails.aspx?id=6846820&rn=26&pi=1&ref=search

LADDER CAPITAL FINANCE, LLC. MORTGAGE:

http://records2.baycoclerk.com/oncoreweb/showdetails.aspx?id=6832955&rn=29&pi=1&ref=search

INTERESTING IP ADDRESSES:

http://whatismyipaddress.com/ip/75.76.49.28

http://whatismyipaddress.com/ip/69.1.42.248

LADDER CAPITAL FINANCE,, LLC.- LENDER LINK

http://www.laddercapital.com/

UBS
Dillon Read
Read

Shores of Panama Collateral….Georgia Co…

https://maps.google.com/maps?oe=utf-8&client=firefox-beta&q=3284+Northside+Parkway+NW+Atlanta+GA&ie=UTF-8&hq=&hnear=0x88f5055be0e65a1f:0x815c25140affdfb3,3284+Northside+Pkwy+NW,+Atlanta,+GA+30327&gl=us&ei=dnWzT9WmMeSU2AWfzKnpCA&oi=geocode_result

Panama Partners ties to Read
http://maps.google.com/maps/place?oe=utf-8&rls=org.mozilla:en-US:official&client=firefox-beta&um=1&ie=UTF-8&q=READ+PROPERTIES,+INC+NEW+YORK&fb=1&gl=us&hq=READ+PROPERTIES,+INC&hnear=0x89c24fa5d33f083b:0xc80b8f06e177fe62,New+York,+NY&cid=15390657786640310067

This is what I was working on yesterday relative to the Bay County Sheriff Deputy, Stephen Kyle Jencks, who is handling the Cyber Unit investigation into the Stalkers on Topix. Jencks’ inlaws sold Pier 99 Motel to Breland/Shores of Panama for $18 Million and the FDIC took a $75 Million hit and sold for 1/2 price to the Swiss Shell Companies, Panama Holdings, LLC and Panama Partners, LLC, in NY. They all tie to Silverton Bank, Shores of Panama Collateral, a Georgia Company, and Vision Bank, with ties to Charles Isler who was involved in the Robert Shawn Ellison murder case at Panama City Beach First Baptist Church lawsuit where he got $75K in attorney fees. This gets as deep as you want to go.
This is from the Bay County Clerk records:
http://records2.baycoclerk.com/oncoreweb/search.aspx?bd=1%2F1%2F1987&ed=5%2F18%2F2012&n=JENCKS%2C%20Stephen&bt=OR&d=5%2F18%2F2012&pt=-1&dt=ALL%20DOCUMENT%20TYPES&st=fullname

This is related info regarding Jerry Davis who is involved with Bank of Bonifay/Coastal Community Bank failure and much, much more:

http://records2.baycoclerk.com/oncoreweb/search.aspx?bd=1%2F1%2F1987&ed=5%2F18%2F2012&n=davis%2C%20jerry%20g.&bt=OR&d=5%2F18%2F2012&pt=-1&dt=ALL%20DOCUMENT%20TYPES&st=fullname