IN THE SUPREME COURT OF FLORIDA THE FLORIDA BAR_ Supreme Court

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					                  IN THE SUPREME COURT OF FLORIDA

THE FLORIDA BAR,                                  Supreme Court Case
                                                  No.
      Complainant,

v.                                                The Florida Bar File Nos.
                                                  2008-50,977(17F)
DAVID MICHAEL SCOTT,                               2008-51,319(17F)
                                                  2009-50,085(17F)
      Respondent.


                                  COMPLAINT

      The Florida Bar, by and through undersigned counsel and pursuant to R.

Regulating Fla. Bar 3-3.2(b), hereby files its Complaint against David Michael

Scott and states as follows:

                               AS TO ALL COUNTS

      1.     Respondent is, and at all times material to this action was, a member

of The Florida Bar and subject to the jurisdiction and disciplinary rules of the

Supreme Court of Florida.

      2.     Seventeenth Judicial Circuit Grievance Committee "F," at a duly

constituted meeting and by majority vote of the eligible members present, found

probable cause to charge respondent with violation of the Rules Regulating The

Florida Bar, as set forth herein. The grievance committee chair has reviewed and

approved the instant Complaint.
                                   COUNTI
                    The Florida Bar File No. 2008-50,977(17F)

        3.    In 2006, Jerome Bison hired respondent in a breach of contract action.

        4.    Bison complained to the bar that respondent failed to take action in

the matter and was unresponsive. A grievance committee diverted respondent to a

LOMAS review.

        5.    Respondent successfully completed the LOMAS review on July 31,

2007.

        6.    Although respondent completed the LOMAS evaluation, Bison

advised the bar in late July 2007 that respondent had not improved his

communication with him and continued to neglect his pending civil case.

        7.    By letter dated August 15, 2007, the bar required a response from

respondent no later than August 27, 2007, regarding his failure to communicate

with Bison.

        8.    In his response to the bar by letter dated September 11, 2007,

respondent assured the bar that the communication problem was "rectified" and

that the civil case was "progressing adequately."

        9.    Subsequently, during the month of November 2007, respondent

scheduled and cancelled several meetings with Bison who, to the date of filing this

complaint, has not been able to discuss his civil case with respondent.
       10.    By letter dated December 28, 2007, the bar required a response from

respondent. Respondent failed to respond.

       11.    On March 12, 2008, respondent appeared at a live hearing as required

by Seventeenth Judicial Circuit Grievance Committee "F".

      12.     On March 14, 2008, bar counsel sent respondent a letter by certified

mail requesting that respondent contact him immediately. Respondent failed to

contact bar counsel.

      13.     On April 16, 2008, bar counsel sent an email to respondent in an

attempt to contact respondent.

      14.     Due to respondent's failure to contact bar counsel, on April 16, 2008,

respondent was notified that another live hearing was scheduled for May 14, 2008.

Respondent failed to appear at the live hearing.

      15.     Attempts by the bar to communicate with respondent have failed and

respondent failed to appear before a grievance committee which had required his

attendance.

      16.     By the conduct set forth above, respondent violated R. Regulating Fla.

Bar 3-4.2 [Violation of the Rules of Professional Conduct as adopted by the rules

governing The Florida Bar is a cause for discipline.]; 3-4.3 [The commission by a

lawyer of any act that is unlawful or contrary to honesty and justice, whether the

act is committed in the course of the attorney's relations as an attorney or
otherwise, whether committed within or outside the state of Florida, and whether

or not the act is a felony or misdemeanor, may constitute a cause for discipline.];

4-1.4(a) [A lawyer shall: (1) promptly inform the client of any decision or

circumstance with respect to which the client's informed consent, as defined in

terminology, is required by these rules; (2) reasonably consult with the client about

the means by which the client's objectives are to be accomplished; (3) keep the

client reasonably informed about the status of the matter; (4) promptly comply

with reasonable requests for information; and (5) consult with the client about any

relevant limitation on the lawyer's conduct when the lawyer knows or reasonably

should know that the client expects assistance not permitted by the Rules of

Professional Conduct or other law.]; and 4-8.4(g)(2) [A lawyer shall not fail to

respond, in writing, to any official inquiry by bar counsel or a disciplinary agency,

as defined elsewhere in these rules, when bar counsel or the agency is conducting

an investigation into the lawyer's conduct. A written response shall be made: ....

(2) within 10 days of the date of any follow-up written investigative inquiries by

bar counsel, grievance committee, or board of governors.].

                                 COUNT II
                   The Florida Bar File No. 2008-51,319(17F)

      17.    On or about March 14, 2008, Antonio Pomerleau complained to The

Florida Bar that respondent was hired on a contingency basis and embezzled

Pomerleau's share of his settlement.
       18.     On May 2, 2006, respondent deposited in his trust account a

settlement check from Federal Insurance Company in the amount of $15,000.00

regarding Mr. Pomerleau's matters.        See Exhibit A, which is a copy of the

$15,000.00 check and is attached hereto.

       19.     Respondent's Final Closing Statement & Disbursement of Settlement

Funds clearly shows that the net to client, Mr. Pomerleau, was $5,348.55. See

Exhibit B, which is a copy of the final statement and is attached hereto.

       20.     Respondent failed to pay Mr. Pomerleau the $5,348.55.

       21.     Pomerleau also alleged that respondent 1) failed to perform any work

on the matter; 2) failed to communicate with him regarding the matter; and 3)

failed to return the files.

       22.     Following the receipt of the complaint, the bar required a response

from respondent via letter dated March 19, 2008, and sent to respondent's official

bar address.

       23.     To date, respondent has failed to respond.

       24.     As a result of the embezzlement allegation, The Florida Bar obtained

records from respondent's trust fund account bank.

      25.      Bar Auditor Carl Totaro performed a review of the trust account

records for respondent for the period April 1, 2006, through October 31, 2006.
      26.    The review disclosed that respondent misappropriated at least

$18,500.00 of client funds by disbursing funds to himself and that respondent

caused shortages in his trust account. A copy of the auditor's report is attached

hereto as Exhibit C.

      27.    The audit concluded that the shortages were caused by respondent's

misappropriation of client trust funds.

      28.    By the conduct set forth above, respondent violated R. Regulating Fla.

Bar 3-4.2 [Violation of the Rules of Professional Conduct as adopted by the rules

governing The Florida Bar is a cause for discipline.]; 3-4.3 [The standards of

professional conduct to be observed by members of the bar are not limited to the

observance of rules and avoidance of prohibited acts, and the enumeration herein

of certain categories of misconduct as constituting grounds for discipline shall not

be deemed to be all-inclusive nor shall the failure to specify any particular act of

misconduct be construed as tolerance thereof. The commission by a lawyer of any

act that is unlawful or contrary to honesty and justice, whether the act is committed

in the course of the attorney's relations as an attorney or otherwise, whether

committed within or outside the state of Florida, and whether or not the act is a

felony or misdemeanor, may constitute a cause for discipline]; 4-1.3 [A lawyer

shall act with reasonable diligence and promptness in representing a client.];

4-1.4(a) [A lawyer shall: (1) promptly inform the client of any decision or
circumstance with respect to which the client's informed consent, as defined in

terminology, is required by these rules; (2) reasonably consult with the client about

the means by which the client's objectives are to be accomplished; (3) keep the

client reasonably informed about the status of the matter; (4) promptly comply

with reasonable requests for information; and (5) consult with the client about any

relevant limitation on the lawyer's conduct when the lawyer knows or reasonably

should know that the client expects assistance not permitted by the Rules of

Professional Conduct or other law.]; 4-8.4(a) [A lawyer shall not violate or attempt

to violate the Rules of Professional Conduct, knowingly assist or induce another to

do so, or do so through the acts of another.]; 4-8.4(c) [A lawyer shall not engage in

conduct involving dishonesty, fraud, deceit, or misrepresentation, except that it

shall not be professional misconduct for a lawyer for a criminal law enforcement

agency or regulatory agency to advise others about or to supervise another in an

undercover investigation, unless prohibited by law or rule, and it shall not be

professional misconduct for a lawyer employed in a capacity other than as a lawyer

by a criminal law enforcement agency or regulatory agency to participate in an

undercover investigation, unless prohibited by law or rule.]; 4-8.4(d) [A lawyer

shall not engage in conduct in connection with the practice of law that is

prejudicial to the administration of justice, including to knowingly, or through

callous indifference, disparage, humiliate, or discriminate against litigants, jurors,


                                          7
witnesses, court personnel, or other lawyers on any basis, including, but not limited

to, on account of race, ethnicity, gender, religion, national origin, disability, marital

status, sexual orientation, age, socioeconomic status, employment, or physical

characteristic.]; 4-8.4(g)(l) [A lawyer shall not fail to respond, in writing, to any

official inquiry by bar counsel or a disciplinary agency, as defined elsewhere in

these rules, when bar counsel or the agency is conducting an investigation into the

lawyer's conduct. A written response shall be made within 15 days of the date of

the initial written investigative inquiry by bar counsel, grievance committee, or

board of governors.]; 5-l.l(b) [Money or other property entrusted to an attorney

for a specific purpose, including advances for fees, costs, an.d expenses, is held in

trust and must be applied only to that purpose. Money and other property of

clients coming into the hands of an attorney are not subject to counterclaim or

setoff for attorney's fees, and a refusal to account for and deliver over such

property upon demand shall be deemed a conversion.]; and 5-1.2(b)(5)(A) [The

following are the minimum trust accounting records that shall be maintained:

... (5) A separate cash receipts and disbursements journal, including columns for

receipts, disbursements, transfers, and the account balance, and containing at

least (A) the identification of the client or matter for which the funds were

received, disbursed, or transferred. ...].




                                             8
                               COUNT III
                   The Florida Bar File No. 2009-50,085(17F)

      29.    Kurt Merolla retained and paid respondent $5,000.00 for a property

damage claim against the owner of the boat who ran into Merolla's boat.

      30.    Respondent failed to show up for court and Merolla's case was

dismissed.

      31.    Respondent failed to advise Merolla about the dismissal, and, in fact

lied to his client about what happened.

      32.    Respondent agreed to refund Mr. Merolla $5,000.00 and issued check

#1205 for that amount from the operating account of David M. Scott, P.A. See

Exhibit D, which is a copy of the check and attached hereto.

      33.    Respondent's check #1205 was returned unpaid for non-sufficient

funds (NSF). See Composite Exhibit E.

      34.    Mr. Merolla has been unsuccessful in reaching respondent since the

check bounced in June 2008.

      35.    Respondent failed to respond to bar counsel inquiry dated July 24,

2008, which required his response to the allegations.

      36.    By the conduct set forth above, respondent violated R. Regulating Fla.

Bar 3-4.2 [Violation of the Rules of Professional Conduct as adopted by the rules

governing The Florida Bar is a cause for discipline.]; 3-4.3 [The standards of

professional conduct to be observed by members of the bar are not limited to the
observance of rules and avoidance of prohibited acts, and the enumeration herein

of certain categories of misconduct as constituting grounds for discipline shall not

be deemed to be all-inclusive nor shall the failure to specify any particular act of

misconduct be construed as tolerance thereof. The commission by a lawyer of any

act that is unlawful or contrary to honesty and justice, whether the act is committed

in the course of the attorney's relations as an attorney or otherwise, whether

committed within or outside the state of Florida, and whether or not the act is a

felony or misdemeanor, may constitute a cause for discipline]; 4-1.3 [A lawyer

shall act with reasonable diligence and promptness in representing a client.];

4-1.4(a) [A lawyer shall: (1) promptly inform the client of any decision or

circumstance with respect to which the client's informed consent, as defined in

terminology, is required by these rules; (2) reasonably consult with the client about

the means by which the client's objectives are to be accomplished; (3) keep the

client reasonably informed about the status of the matter; (4) promptly comply

with reasonable requests for information; and (5) consult with the client about any

relevant limitation on the lawyer's conduct when the lawyer knows or reasonably

should know that the client expects assistance not permitted by the Rules of

Professional Conduct or other law.]; 4-8.4(a) [A lawyer shall not violate or attempt

to violate the Rules of Professional Conduct, knowingly assist or induce another to

do so, or do so through the acts of another.]; 4-8.4(c) [A lawyer shall not engage in


                                         10
conduct involving dishonesty, fraud, deceit, or misrepresentation, except that it

shall not be professional misconduct for a lawyer for a criminal law enforcement

agency or regulatory agency to advise others about or to supervise another in an

undercover investigation, unless prohibited by law or rule, and it shall not be

professional misconduct for a lawyer employed in a capacity other than as a lawyer

by a criminal law enforcement agency or regulatory agency to participate in an

undercover investigation, unless prohibited by law or rule.]; 4-8.4(d)[ A lawyer

shall not engage in conduct in connection with the practice of law that is

prejudicial to the administration of justice, including to knowingly, or through

callous indifference, disparage, humiliate, or discriminate against litigants, jurors,

witnesses, court personnel, or other lawyers on any basis, including, but not limited

to, on account of race, ethnicity, gender, religion, national origin, disability, marital

status, sexual orientation, age, socioeconomic status, employment, or physical

characteristic.]; and 4-8.4(g)(l) [A lawyer shall not fail to respond, in writing, to

any official inquiry by bar counsel or a disciplinary agency, as defined elsewhere

in these rules, when bar counsel or the agency is conducting an investigation into

the lawyer's conduct. A written response shall be made within 15 days of the date

of the initial written investigative inquiry by bar counsel, grievance committee, or

board of governors.].




                                           11
      WHEREFORE, The Florida Bar, complainant, respectfully requests that

David Michael Scott, respondent, be appropriately disciplined in accordance with

the Rules Regulating The Florida Bar.

                               Respectfully submitted,



                               JUAN CARLOS ARIAS, #76414
                                   Counsel
                               The Florida Bar
                               5900 North Andrews Avenue, Suite 900
                               Fort Lauderdale, Florida 33309
                               (954) 772-2245



                               KENNETH LAWRENCE MARVIN, #200999
                               Staff Counsel
                               The Florida Bar
                               651 East Jefferson Street
                               Tallahassee, Florida 32399-2300
                               (850)561-5600

                        CERTIFICATE OF SERVICE

       I HEREBY CERTIFY that the original of the foregoing Complaint has been
furnished by regular U.S. mail to The Honorable Thomas D. Hall Clerk, The
Supreme Court of Florida, 500 South Duval Street, Tallahassee, Florida 32399-
1925; a true and correct copy by regular U.S. mail and by certified mail #7006
3450 0001 0670 9017, return receipt requested, to David Michael Scott,
respondent, at Law Office of David M. Scott, P.A., 8551 West Sunrise Boulevard,
Suite 210, Plantation, Florida 33322-4007; and by regular U.S. mail to Juan Carlos
Arias, Bar Counsel, The Florida Bar, Lake Shore Plaza II, 1300 Concord Terrace,
Suite 130, Sunrise, Florida 33323, on this ^ day of
2009.


                               KENNETH LAWRENCE MARVIN

                                        12
                                                                 NOTICE OF TRIAL COUNSEL

        PLEASE TAKE NOTICE that the trial counsel in this matter is Juan Carlos
 Arias, Esq., whose address and telephone number are: The Florida Bar, Lake Shore
 Plaza II, 1300 Concord Terrace, Suite 130, Sunrise, Florida 33323, telephone
 number (954) 835-0233. Respondent need not address pleadings, correspondence,
 etc. in this matter to anyone other than trial counsel and to Staff Counsel, The
 Florida Bar, 651 East Jefferson Street. Tallahassee, Florida 32399-2300.

                                                                MANDATORY ANSWER NOTICE

 RULE 3-7.6(h)(2), RULES OF DISCIPLINE,                                               PROVIDES   THAT   A
 RESPONDENT SHALL ANSWER A COMPLAINT.




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                                                       THE FLORIDA BAR'S
                                                                      EXHIBIT
                                                           L A W O F F I C E OF
                                                D A V I D M. SCOTT, P.A.
                                                      Attorney and Counselor at Law
                                                         PINE ISLAND COMMMONS
                                                   8551 WEST SUNRISE BLVD., Surr£210
                                                       PLANTATION, FLORIDA 33322

ADMITTED FLORIDA; U S DISTRICT                                                                          TELEPHONE: (954)318-1400
COURT, SOUTHERN, MIDDLE & NORTHERN                                                                      FACSIMILE. (954)476-2382
DISTRICTS OF 17LORJDA, 11™ CIRCUIT U S                                                                  WEBSITE' www davidscottlaw com
COURT OF APPEALS                                                                                        E-MAIL: dscoti@davidscottlaw.com


                       FINAL CLOSING STATEMENT & DISBURSEMENT OF SETTLEMENT FUNDS
                                         (ANTONIO POMERLEAU v. FEDERAL INSURANCE COMPANY)



                                         TOTAL AMOUNT OF SETTLEMENT                      $15,000.00
                                                                                                    f
                                                                                               •t

                                         LESS DEDUCTIONS:
                                           ATTORNEY FEE DAVID M. SCOTT:                  <7,460.00>
                                           LITIGATION COSTS:
                                                  COURT REPORTER FEES                    <-l,596.45>
                                                  EXPERT WITNESS C. STEPHENS             < 595.0O

                                                 TOTAL DEDUCTIONS                        <9.651 00>

                                         NET TO CLIENT                                   $ 5,348.55




          I, ANTONIO POMERLEAU, DO HEREBY ACKNOWLEDGE THAT I HAVE READ, UNDERSTOOD AND APPROVE THE
   ABOVE STATED CLOSING STATEMENT, AND APPROVE AND AUTHORIZE THE DISBURSEMENT OF FUNDS AS SET FORTH ABOVE. I
   FURTHER ACKNOWLEDGE THAT I AM COMPLETELY SATISFIED WITH THE MANNER IN WHICH MY ATTORNEY, THE LAW OFFICE
   OF DAVID M. SCOTT, P.A., HAS HANDLED THE WITHIN PERSONAL INJURY ACTION AND FURTHER ACKNOWLEDGE THAT HE HAS
   FULFILLED ALL OBLIGATIONS UNDER THE TERMS OF OUR RETAINER AGREEMENT AND APPROVE OF THE DIVISION OF FEES
   INDICATED ABOVE. I FURTHER AGREE THAT IN THE EVEN1] THERE ARE ANY FUTURE BILLS THAT ARE OUTSTANDING AND NOT
   ACCOUNTED FOR IN THIS STATEMENT I WILL REMAIN SOLELY RESPONSIBLE FOR ANY OUTSTANDING BILLS INCLUDING, BUT
   NOT LIMITED TO: DOCTOR BILLS, HOSPITAL BILLS, HOSPITAL LIENS. MEDICAL LIENS, MEDICAID LIENS. ETC. FINALLY, IT IS
   UNDERSTOOD AND AGREED THAT IN THE EVENT THERE ANY CLAIMS BROUGHT AGAINST DAVID M. SCOTT, ESQ., AND/OR THE
   LAW OFFICE OF DAVID M. SCOTT, P.A., FOR ANY AMOUNTS OUTSTANDING AND NOT ACCOUNTED FOR IN THIS CLOSING
   STATEMENT, 1 WILL HOLD HARMLESS AND WILI AGREE TO INDEMNIFY THEM FOR ANY SUCH CLAIMS.
   DATED: MAY 12,2006

            THE LAW OFFICE OF DAVID M. SCOTT, P.A.                             PARADISE FOUND, LLC
                              r, /
                       / J
            BY:
                  DAVID M. SCOTT, ESQ.                                                ANTONIO POMERLEAU,
                                                                                      ITS PRESIDENT


                  ANTONIO POMERLLAU                                    THE FLORIDA BAR'S
                  INDIVIDUALLY                                                 EXHIBIT
                                       THE FLORIDA BAR
                                         CYPRESS FINANCIAL CENTER, SUITE 900
                                            5900 NORTH ANDREWS AVENUE
JOHN F. HARKNESS, JR.                         FT. LAUDERDALE, FL 33309                              954/772-2245
  EXECUTIVE DIRECTOR                                                                              WWW.FLOR1DABAR.ORG


                                               November 12, 2008


        Juan Arias
        Bar Counsel
        The Florida Bar
        5900 North Andrews Ave. Suite 900
        Fort Lauderdale, FL 33309


        Re: David Michael Scott, TBF File No. 2008-50,977(17F) & 2008-51,319(17F)

        Dear Mr. Arias:

        Qualifications of Auditor and Scope of Preliminary Review
        I have been a Certified Public Accountant licensed in the State of Florida since 1997. Pursuant to
        your request, I have performed a preliminary review on the trust account books and records of
        the above named attorney for the period April 1, 2006 through October 31, 2006 to determine
        whether or not the records and procedures complied with the requirements of The Florida Bar
        Rules governing trust accounts. During the review period, the trust account was the David M.
        Scott PA FL Bar Foundation IOTA Account #xxxxxxxxx(4689) at SunTrust Bank.

        Complaint
        On or about March 14, 2008, Antonio Pomerleau complained to The Florida Bar that Mr. Scott
        was hired on a contingency basis and embezzled Mr. Pomerleau's share of his settlement.

        Subpoenaed Records
        A subpoena was served on SunTrust Bank, requiring production of trust account records for the
        review period identified above, including bank statements, cancelled checks (front and back),
        wire transfers (incoming and outgoing), fund transfers (incoming and outgoing), cashiers checks
        issued with supporting documentation, items deposited with corresponding deposit slips, any
        debits and credits posted to the account identified as David Scott Trust account
        #xxxxxxxxx(4689), and any other accounts in which this person has signatory capacity. A copy
        of the bank subpoena is attached and identified as Exhibit 1.

        The records that were provided by the bank included copies of the requested documents
        identified in the bank subpoena, and those records were received in a piecemeal manner on
        November 3, 2008, and November 10, 2008.


                                                   THE FLORIDA BAR'S
                                                        EXHIBIT
Preliminary Review Findings and Shortages
A preliminary review of the respondent's trust records revealed the following: The reconstructed
client ledger card for Antonio Pomerleau indicated an undistributed positive balance of
$5,348.55 as of June 6, 2006. Mr. Scott's Final Closing Statement & Disbursement of Settlement
Funds for Mr. Pomerleau indicates $5,348.55 net amount due to the client. On May 2, 2006 a
settlement check from Federal Insurance Co. in the amount of $15,000 in regard for Antonio
Pomerleau was deposited into the trust account. The complainant, Mr. Pomerleau indicated he
never received any proceeds from the settlement. Mr. Scott issued check #514 from his trust
account on May 31, 2006, payable to David M. Scott in the amount of $7,460.00 with a memo
note: Pomerleau. Check #514 was paid by the bank on May 31, 2006. Mr. Scott issued check
#515 from his trust account on June 6, 2006, payable to Charles M. Stephens in the amount of
$595.00 with a memo note: expert witness fee Pomerleau vs. Federal Insurance Co. Check #515
was paid by the bank on June 9, 2006. Mr. Scott issued check #516 from his trust account on
June 6, 2006, payable to Klein, Bury, Reif, & Applebaum in the amount of $1,596.45 in regard
to the Pomerleau matter with a memo note: invoices 449499, 442175, 445021, 446938. Check
#516 was paid by the bank on June 14, 2006. No payments to Mr. Pomerleau were noted. As
such, Mr. Scott should still be holding Mr. Pomerleau's funds in his trust account. The
reconstructed Antonio Pomerleau client ledger card with copies of the supporting transactions
and the Final Closing Statement & Disbursement of Settlement Funds for Mr. Pomerleau are
attached and identified as composite Exhibit 2.

Mr. Scott misappropriated $18,150 of client funds as of the end of the review period. This is a
result of $18,500 of disbursements from his trust account to himself. Mr. Scott issued check #525
from his trust account on August 17, 2006, payable to David M. Scott in the amount of $5,000
with a memo note that was left blank on the check. Check #525 was paid by the bank on August
17, 2006. Mr. Scott made $13,500 of over the counter withdrawals from his trust account. These
disbursements did not identify or provide any documentary support to indicate the client or
matter for which funds were disbursed, as required by Rule 5-1.2(b)(5)(A). These unidentified
transactions resulted in a shortage of at least $18,500 in Mr. Scott's trust accounts which is a
violation of Rule 5-1.l(b). A schedule detailing these transactions with support from the bank
are attached to this report and identified as composite Exhibit 3. As of October 31, 2006, the Mr.
Scott's trust account had an overdrawn balance of ($4,942.45), clearly demonstrating that he
failed to hold Mr. Pomerleau's money in trust. Mr. Scott has misappropriated settlement
proceeds and converted trust funds to his own use and purposes. A copy of the October 2006
bank statement is attached to this report in previously identified Exhibit 3.

Conclusion/Opinion of Auditor
There is clear, convincing and undeniable evidence that the above shortages were caused by Mr.
Scott misappropriating client trust funds. Mr. Scott has not applied client trust fund money
received for a specific purpose as mandated by Rule 5-1.l(b). That rule also provides that a
refusal to account for and deliver over such property on demand shall be deemed a conversion.

Based on my examination and the exceptions to the trust accounting rule violations noted above,
it is my professional opinion that Mr. Scott is not in substantial compliance with the minimum
trust accounting requirements adopted by The Florida Bar.
Sincerely,


Carl Totaro, CPA
Branch Auditor

Attachments
                         IN THE SUPREME COURT OF FLORIDA
                              (Before a Grievance Committee)

THE FLORIDA BAR,                                            Witness Subpoena Duces Tecum
                                                            [To Testify and Produce Evidence]

IN RE: CONFIDENTIAL PROCEEDING BY
THE FLORIDA BAR UNDER THE RULES
OF DISCIPLINE                                               TFB File Nos. 2008-50,977(17F)
                                                                          2008-51,319(17F)

TO:    SUNTRUST
       SunTrust Subpoena
       7474 Chancellor Drive
       Orlando, FL 32809

       YOU ARE HEREBY COMMANDED to appear before Carl Totaro, Branch Auditor, at
The Florida Bar. 5900 North Andrews Avenue. Suite 900, Fort Lauderdale, Florida 33309 on
November 7, 2008, at 10:00 a.m. and have with you the following documents:

       Copies of bank statements, canceled checks (front & back), detailed wire
       transfers (incoming & outgoing), detailed fund transfers (incoming &
       outgoing), cashiers checks issued with supporting documentation, items
       deposited with corresponding deposit slips, any debits or credits posted to the
       accounts identified as David Scott Trust Account, Account #^||HHB0p
       for the period of April 1, 2006 through December 31, 2006, and any other
       accounts in which this person has signatory capacity for the period of April
       1, 2006 through December 31. 2006. [PLEASE PROVIDE ACTUAL SIZE
       IMAGES]

In lieu of appearance you may submit the requested materials by courier or certified mail to Carl
Totaro, CPA, Branch Auditor, prior to November 7, 2008, If you have any questions regarding
this matter, please contact The Florida Bar at (954) 772-2245, extension 2234.

         Please be advised that The Florida Bar is an arm of the Supreme Court of The State of
Florida, and therefore is entitled to receive state government charges for photocopying and
research time. Any questions regarding these charges should be directed to The Florida Bar. For
failure to comply as herein required, you may be deemed to be in contempt of the Supreme Court
of Florida.

       Dated this            day of                      _, 2008.

                                                   By:
                                                         DAVID SCHULSON, CHAIR
  RETURN OF SERVICE                                      Seventeenth Judicial Circuit
I CERTIFY that the foregoing                             Grievance Committee "F"
subpoena was served this
day of                , 200_, by
                                                                                        THE FLORIDA BAR'S

       (method of service)                                                                   EXHIBIT




(Signature and Title of Person Making Service)
Rule 3-7.4(h) Rights and Responsibilities of the Respondent. The respondent may be required to
testify and to produce evidence as any other witness unless the respondent claims a privilege or
right properly available to the respondent under applicable federal or state law. The respondent
may be accompanied by counsel. At a reasonable time before any finding of probable cause or
minor misconduct is made, the respondent shall be advised of the conduct which is being
investigated and the rules that may have been violated. The respondent shall be provided with all
materials considered by the committee and shall be given an opportunity to make a written
statement, sworn or unsworn, explaining, refuting, or admitting the alleged misconduct.

Rule 3-7.4(i) Right of the Complaining Witness. The complaining witness is not a party to the
disciplinary proceeding. Unless found to be impractical by the chair of the grievance committee
due to unreasonable delay or other good cause, the complainant shall be granted the right to be
present at any grievance committee hearing when the respondent is present before the committee.
Neither unwillingness nor neglect of the complaining witness to cooperate, nor settlement,
compromise, or restitution will excuse the completion of an investigation. The complaining
witness shall have no right to appeal.

Rule 3-7.11(d)(7) Contempt. Any persons who without adequate excuse fail to obey such a
subpoena served upon them may be cited for contempt of this court in the manner provided by
this rule.




You are specifically and expressly hereby noticed that, should you fail to fully
comply with this grievance committee subpoena, such failure shall be considered
by the grievance committee at its next regularly scheduled meeting to determine
whether there is probable cause to support a finding that such conduct constitutes
a violation of the following Rules Regulating The Florida Bar: 3-7.11(d)(7),
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                                                       THE FLORIDA BAR'S
                                                                 EXHIBIT
             SUNTRUST BANK                                                        PAGE 1 OF 1
             P O BOX 622227                                                       36/EOO/0175/0/ 40
             ORLANDO FL 32862-2227
                                                                                  05/31/2006




         SlUVfTRUST                                                               ACCOUNT
                                                                                  STATEMENT




             DAVID M SCOTT PA                                                     QUESTIONS? PLEASE CALL
             FL BAR FOUNDATION IOTA                                               1-800-786-8787
             8551 W SUNRISE BLVD STE 210
             PLANTATION FL 33322-4007




             NOW IS THE TIME TO TAKE ADVANTAGE OF OUR GREAT CD RATES.
             STOP BY YOUR LOCAL BRANCH, CALL 800 .SUNTRUST OR VISIT SUNTRUST .COM.
             SUNTRUST BANK, MEMBER FDIC.


                                          ACCOUNT SUMMARY
ACCOUNT TYPE                         ACCOUNT NUMBER               STATEMENT PERIOD              TAXPAYER ID

 TOTAL BUSINESS BANKING                                       05/01/2006 - 05/31/2006             59-1004604

 DESCRIPTION                             AMOUNT      DESCRIPTION                                      AMOUNT
 BEGINNING BALANCE                    $2,492.26      AVERAGE BALANCE                              $10,152.00
 DEPOSITS/CREDITS                    $22,500.00      AVERAGE COLLECTED BALANCE                     $8,927.80
 CHECKS                              $15,577.26      NUMBER OF DAYS IN STATEMENT PERIOD                   31
 WITHDRAWALS/DEBITS                      $57.00
 ENDING BALANCE                       $9,358.00

                                           DEPOSIT 'S/CREDITS
 DATE             AMOUNT SERIAL #                         DATE              AMOUNT SERIAL #
 05/02         15,000.00                 DEPOSIT          05/31          7 , 500 .00               DEPOSIT

 DEPOSITS/CREDITS! 2                      TOTAL ITEMS DEPOSITED:   2

                                               CHECK;3
 CHECK                   AMOUNT DATE                                   CHECK                    AMOUNT DATE
 NUMBER                          PAID                                  NUMBER                          PAID
 511                     617.26 05/01                                  513                    2,500.00 05/03
 512                   5,000.00 05/08                                  514                    7,460.00 05/31

 CHECKS: 4

                                           WITHDRAWALS/DEBITS
 DATE            AMOUNT SERIAL #         DESCRIPTION

 05/03             32.00                UAF PAID ITEMS PENALTY
 05/31             25.00                MAINTENANCE FEE

WITHDRAWALS/DEBITS:      2


                                        BALANCE ACTIVITY HISTORY
DATE                BALANCE               COLLECTED  DATE                  BALANCE                COLLECTED
                                           BALANCE                                                 BALANCE
05/01              1,875 .00               1,875.00 05/05                14 ,343. 00              14 ,343.00
05/02             16, 875 .00              1, 875.00 05/08                9 ,343 . 00              9 ,343 .00
05/03             14,343 .00                - 657.00 05/31                9,358. 00                1,858.00
05/04             14,343 .00              13, 893.00




                                              MEMBER FDIC
              OSD-ORLANDO
              RESEARCH DEPARTMENT
              FL-ORLANDO-6201

              COPY REFERENCE: 20081027000102     SS
              10/27/08 11:20:40 2 WEB JOBT81027111630
              0018248861+ 30060502       07
              15000.00      • •
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    COPY REFERENCE: 20081027000102     SS
    10/27/08 11:20:40 2 WEB JOBT81027111630
    0018248861+ 20060502      07
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                                                                                                                           60-160
            FEDERAL INSURANCE COMPANY                                                                                       433
            ONE FINANCIAL CENTER                                                                005-02248914
            BOSTON, MASSACHUSETTS 02111-2697
                                                      Melton Bank N. A.     04/11/06
CHUBB GP/ 0007684368/000001/01-0                     PITTSBURGH. PA
PAY TO THE DAVID SCOTT TRUST ACCOUNT***11**31*****11**11*11**11*11*11*11*11**11******11***
 ORDER OF    **>«*XXX*X««XXXXX*XKKKXXXXXXX***XXX«X«X*»X«*«X»KKXXKXXX*X*«*XXKX«XK
THE SUM OF FIFTEEN THOUSAND AND 00/100**********************|BB^BS15,000.00
             *K»XKKKK*XXXK»XXXXXXXXS*XX*XX«XKKKKK»XSXXXX*»XXXXi

IN SETTLEMENT OF ENGINE CLAIM-FULL & FINAL SETTLEMENT
    FERTIG & GRAMUNG
    200SE13THST
    ATTN: CHRIS FERTIG
    FORT LAUDERDALE FL 33316-1822
                              DO NOT ACCEPT VNiESS A TRUE WATERMARK 15 VISIBLE WHEN HEW UP TO uAlJ 1 HORTXt* 0 SICNATURH




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Date                   Seq Num                                             Amount                    Serial Num
05/31/06               19080764                                            7460.00                   514




                                                                    SUNTRUST BANK                             0514
            Law Office of David M. Scott, P.A. Trust Account          63-215/631
            Pine Island Commons
            8551 West Sunrise Blvd.
            Suite 210
            Plantation. FL 33322


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COPY REFERENCE: 20081027000100     SS
10/27/08 11:20:39 5 WEB JOBT81027111630
0020400006 20060609       07
595.00       ______g              000000




     Law Office of David M. Scott, P.A. Trust Account
                                                        SUNTRUST BANK                           0515
                                                          63-215/531
     Pine Island Commons
     8551 West Sunrise Blvd.
     Suite 210
     Plantation. FL 33322

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     FL-ORLANDO-6201

     COPY REFERENCE: 20081027000100     SS
     10/27/08 11:20:39 6 WEB JOBT81027111630
     0020518446 onnfinfiia     m
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                                                                   SUNTRUST BANK                               0516
                Law Office of David M. Scott, P.A. Trust Account     63 21 £'631
                Pine Island Commons
                8551 West Sunrise B)vd
                Suite 210
                Plantation. FL 33322

- PAY TO THE
' ORDER OF _                                  .
                                                                                                           DOLLARS |9| £•



                                             691OO-3147 O S - t 2 - O 6                       er 90 days




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                                                                                                                      7
                                                         LAW OFFICE OF
                                               D A V I D M. SCOTT, P . A .
                                                     Attorney and Counselor at Law
                                                       PINE ISLAND COMMMONS
                                                  8551 WEST SUNRISE BLVD , SUITE 210
                                                      PLANTATION, FLORIDA 33322

ADMITTED FLORIDA, U S DISTRICT                                                                        TELEPHONE: (954)318-1400
COURT, SOUTHERN, MIDDLE & NORTHERN                                                                    FACSIMILE: (954) 476-2382
DISTRICTS OF FLORIDA, 11™ CIRCUIT U S                                                                 WEBSITE, wwvv.davidscottlaw com
COURT OF APPEALS                                                                                      E-MAIL: dscoti@davidscottlaw.com


                      FINAL CLOSING STATEMENT & DISBURSEMENT OF SETTLEMENT FUNDS
                                        (ANTONIO POMERLEAU v. FEDERAL INSURANCE COMPANY)



                                        TOTAL AMOUNT OF SETTLEMENT                      $15,000.00

                                        LESS DEDUCTIONS:
                                          ATTORNEY FEE DAVID M. SCOTT:                  <7,460.00>
                                          LITIGATION COSTS:
                                                COURT REPORTER FEES                     <-l,596.45>
                                                EXPERT WITNESS C STEPHENS               < 595.00>

                                                TOTAL DEDUCTIONS                        <9.651.00>

                                        NET TO CLIENT                                   $ 5,348.55



           I, ANTONIO POMERLEAU, DO HEREBY ACKNOWLEDGE THAT I HAVE READ, UNDERSTOOD AND APPROVE THE
   ABOVE STATED CLOSING STATEMENT, AND APPROVE AND AUTHORIZE THE DISBURSEMENT OF FUNDS AS SET FORTH ABOVE. I
   FURTHER ACKNOWLEDGE THAT I AM COMPLETELY SATISFIED WITH THE MANNER IN WHICH MY ATTORNEY, THE LAW OFFICE
   OF DAVID M. SCOTT, P.A., HAS HANDLED THE WITHIN PERSONAL INJURY ACTION AND FURTHER ACKNOWLEDGE THAT HE HAS
   FULFILLED ALL OBLIGATIONS UNDER THE TERMS OF OUR RETAINER AGREEMENT AND APPROVE OF THE DIVISION OF FEES
   INDICATED ABOVE. I FURTHER AGREE THAT IN THE EVEN'] THERE ARE ANY FUTURE BILLS THAT ARE OUTSTANDING AND NOT
   ACCOUNTED FOR IN THIS STATEMENT I WILL REMAIN SOLELY RESPONSIBLE FOR ANY OUTSTANDING BILLS INCLUDING, BUT
   NOT LIMITED TO: DOCTOR BILLS, HOSPITAL BILLS, HOSPITAL LIENS. MEDICAL LIENS, MEDICAID LIENS. ETC. FINALLY, IT IS
   UNDERSTOOD AND AGREED THAT IN THE EVENT THERE ANY CLAIMS BROUGHT AGAINST DAVID M. SCOTT, ESQ., AND/OR THE
   LAW OFFICE OF DAVID M. SCOTT, P.A., FOR ANY AMOUNTS OUTSTANDING AND NOT ACCOUNTED FOR IN THIS CLOSING
   STATEMENT, 1 WILL HOLD HARMLESS AND WILI AGREE TO INDEMNIFY THEM FOR ANY SUCH CLAIMS.
  DATED: MAY 12, 2006

            THE LAW OFFICE OF DAVID M. SCOTT, P.A.                          PARADISE FOUND, LLC
                             r, /

            BY:___^
                DAVID M. SCOTT, ESQ.                                                 ANTONIO POMERLEAU,
                                                                                     ITS PRESIDENT



                 ANTONIO POM£RLLAU
                 INDIVIDUALLY
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                                             THE
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                                                      3
    OSD-ORLANDO
    RESEARCH DEPARTMENT
    FL-ORLANDO-6201

    COPY REFERENCE: 20081027000100     SS
    10/27/08 11:22:53 14 WEB JOBT81027111730
    0017739504 20060817       07
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                                                                       SUNTRUST BANK            0525
              Law Office of David M. Scott, P.A. Trust Account
 fift         p
                                                                              BMIS/SSI
               lne Island Commons                                       -J^
              8551 West Sunrise Blvd.
              Suite 210
              PlantaUon, FL 33322

PAY TO THE
ORDER OF _                                                                               $
             Tl1                                                                             DOLLARS g| g




                                                     SliniiWTIH.   48172H&
                                                     2377 Vl
            SUNTRUST BANK                                                  PAGE 1 OF 1
            P O BOX 522227                                                 36/EOO/0175/0/ 40
            ORLANDO FL 32862-2227
                                                                           09/30/2006




         StnvfTRUST                                                        ACCOUNT
                                                                           STATEMENT




            DAVID M SCOTT PA                                               QUESTIONS? PLEASE CALL
            FL BAR FOUNDATION" IOTA                                        1-800-78S-8787
            8551 W SUNRISE BIATO STE 210
            PLANTATION FL 33322-4007




            EFFECTIVE SEPTEMBER 15, 2006, A NEW RULE MAKES SOME BUSINESS CHECKS ELIGIBLE FOR
            CONVERSION TO ELECTRONIC DEBITS. TO BETTER UNDERSTAND THIS NEW RULE AND ITS
            POSSIBLE IMPACT ON YOUR ACCOUNT, VISIT SUNTRUST. COM/CHECKCONVERS ION


                                         ACCOUNT SUMMARY
ACCOUNT TYPE                        ACCOUNT NUMBER           STATEMENT PERIOD           TAXPAYER ID

TOTAL BUSINESS BANKING                                                                   59-1004604

DESCRIPTION                             AMOUNT   DESCRIPTION                                 AMOUNT
BEGINNING BALANCE                    $6,956.55   AVERAGE BALANCE                         $10,141.55
DEPOSITS/CREDITS                     $6,350.00   AVERAGE COLLECTED BALANCE                $9,506.55
CHECKS                                    $.00   NUMBER OF DAYS IN STATEMENT PERIOD              30
W ITHD RAWAL S / DEB I TS            $2,005.00
ENDING BALANCE                      $11,301.55

                                        DEPOSITS/CREDITS
  DATE            AMOUNT SERIAL       DESCRIPTION
  09/15         6,350.00              ATM DEPOSIT

DEPOSITS/CREDITS: 1                    TOTAL ITEMS DEPOSITED: 3

                                        WITHDRAWALS/DEBITS
DATE               AMOUNT SERIAL      DESCRIPTION

 09/21              5.00              ACCOUNT ANALYSIS FEE
 09/28          2,000.00              OVER-THE-COUNTER WITHDRAWAL

WITHDRAWALS/DEBITS:         2


                                     BALANCE ACTIVITY HISTORY
DATE                 BALANCE           COLLECTED DATE                 BALANCE            COLLECTED
                                        BALANCE                                           BALANCE
09/01               6,956.55            6,956.55 09/21              13,301.55            13,301.55
09/15              13,306.55            6,956.55  09/28             11,301.55            11,301.55
09/18              13,306.55           13,306.55




                                           MEMBER FDIC
            SUNTRUST BANK                                                    PAGE 1 OF 1
            P O BOX S22227                                                   3S/EOO/0175/0/ 40
            ORLANDO FL 32862-2227
                                                                             10/31/2006




         StnvfTRUST                                                          ACCOUNT
                                                                             STATEMENT




            DAVID M SCOTT PA                                                 QUESTIONS? PLEASE CALL
            FL BAR FOUNDATION IOTA                                           1-800-785-8787
            8551 W SUNRISE BLVD STE 210
            PLANTATION FL 33322-4007




            LOOKING FOR THE PERFECT BUSINESS GIFT FOR YOUR CLIENTS OR EMPLOYEES?
            ASK ABOUT OUR SUNTRUST VISA GIFT CARD THAT CAN BE USED EVERYWHERE IN THE
            UNITED STATES THAT VISA DEBIT CARDS ARE ACCEPTED.
            STOP BY YOUR LOCAL BRANCH, CALL 800.318.0210 OR VISIT SUNTRUST. COM/GIFTCARD

                                         ACCOUNT SUMMARY
ACCOUNT TYPE                        ACCOUNT NUMBER            STATEMENT PERIOD              TAXPAYER ID

TOTAL BUSINESS BANKING                                     10/01/2006 - 10/31/2006           59 -1004604

DESCRIPTION                             AMOUNT     DESCRIPTION                                   AMOUNT
BEGINNING BALANCE                   $11,301.55     AVERAGE BALANCE                            $2,356.93
DEPOSITS/CREDITS                           $.00    AVERAGE COLLECTED BALANCE                  $2,356.93
CHECKS                               $5,000.00     NUMBER OF DAYS IN STATEMENT    PERIOD             31
WITHDRAWALS/DEBITS                  $11,244 .00
ENDING BALANCE                       $4,942.45-

                                              CHECKS
CHECK                   AMOUNT DATE                               CHECK                    AMOUNT DATE
NUMBER                          PAID                              NUMBER                          PAID
524                   5,000.00 10/25

CHECKS: 1

                                         WITHDRAWALS/DEBITS
DATE             AMOUNT SERIAL fl      DESCRIPTION

 10/03         6,350.00                -OVER-THE-COUNTER WITHDRAWAL
 10/13         2,000.00                 OVER-THE-COUNTER WITHDRAWAL
 10/20             5, 00                ACCOUNT ANALYSIS FEE
 10/25            64, 00                NSF PAID ITEMS PENALTY
 10/25          ,800.00                 OVER-THE-COUNTER WITHDRAWAL
 10/31            25.00                 MAINTENANCE FEE

WITHDRAWALS/DEBITS:    6


                                       BALANCE ACTIVITY HISTORY
DATE                BALANCE              COLLECTED DATE                 BALANCE              COLLECTED
                                          BALANCE                                             BALANCE
10/01            11,301.55               11,301.55 10/20               2,945.55               2,945.55
10/03             4,951.55                4,951.55 10/25              -4,917.45              -4,917.45
10/13             2,951.55                2,951.55 10/31              -4,942.45              -4,942.45




                                            MEMBER FDIC
                                                       I
DAVJD M SCOTT. PA 020004                       1205
      4862SW135THAVE
     HOLLYWOOD, FL 33027
                                                '/em




                           THE FLORIDA BAR'S
                                EXHIBIT

                                  D
OOODD17B28Dt?Oa3
 This is a LEGAL COPY of your
 check. You ran use it the same
 wayyou would use the original


RETURN REASON-A
NOT SUFFICIENT
     FUNDS
             BANK OF AMERICA, N.A.                               Page 01 of 02                  H
             EAST RETURN ITEMS                                   Bank   : 00075
             P.O. BOX 2518                                       Center :
             HOUSTON, TX 77252-2518                              Divider: 8,446
                                                                 Code   :1

                                                                 Deposit Account:
                                                                 Charge Account :
                                                                 Store/Reference .-OOOOODOOOOOOOO
             KURT D MEROLLA
             2541 NE 15TH ST
             POMPANO BEACH FL             33062-8232
             US



                                                                Date of Notices 06-19-2008
Dear Valued Customeri

The item(s) below, which were deposited to your account, have been returned unpaid.
Ther-eforey -wer-foave- charged them -fro- your axseoarrirr- Please -adjust your records-fay—
subtracting the total shown below.

If you have any questions or need additional information, please contact one of our
Customer Service Representatives at 1-800-432-1000. Thank you for choosing Bank of
America.

Number of Returned Items:
Amount of Returned ItentCs):                    5,000.00
Return Items Fee:                                   0.00
Total:                                          5,000.00

SEQUENCE/   ABA NUMBER/          MAKER NAME/              RETURN REASON/                   AMOUNT
  DEP DATE    DEP AMOUNT           CHECK DATE               I.D.
6113617560 0670-0607                                   Insufficient Funds                5,000.00
  6/17/2008   5,000.00
               IMPORTANT NEWS ABOUT A NEW FEDERAL LAW AFFECTING YOUR CANCELLED CHECKS: CHECK 21
               The Federal Reserve Board provided the fallowing language to help explain
               your rights under Cheek 21. This disclosure applies only to accounts held
               by consumers.
                       IHPORTANT INFORMATION ABOUT YOUR CHECKING ACCOUNT
                               Substitute Checks and Your Rights

               What is a substitute check?
               To make check processing faster, federal law permits banks to replace original
               checks with "substitute checks". These checks are similar in size to original
               checks with a slightly reduced image of the front and back of the original check
               The front of a substitute check statesi "This is a legal copy of your check.
               You can use it the same way you would use the original check." You may use a
               substitute check as proof of payment just like the original check.

       -       Some or all of the checks that you receive back from us may be substitute checks
              This notice describes rights you have when you receive substitute checks from us
              The rights in this notice do not apply to original checks or to electronic
              debits to your account. However, you have rights under other law with respect
              to those transactions.
What ara my rights regarding substitute checks?                           - —     —
In certain cases, federal law provides a special procedure that allows you to request a refund
for losses you suffer if a substitute check is posted to your account Cfor example, if you thir
that we withdrew the wrong amount from your account or that we withdrew money from your accoun-t
more than once for the same check). The losses you may attempt to recover under this procedure
may include the amount that was withdrawn from your account and fees that were charged as a
result of the withdrawal (for example, bounced check fees).
The amount of your refund under this procedure is limited to the amount of your loss or the
amount of the substitute check, whichever is less. You also are entitled to interest on the
amount of your refund if your account is an interest-bearing account. If your loss exceeds the
amount of the substitute check, you may be able recover additional amounts under other law.
If you use this procedure, you may receive up to $2,500 of your refund (plus interest if your
account earns interest) within 10 business days after we receive your claim and the remainder c
your refund (plus interest if your account earns interest) not later than 45 calendar days afte
we receive your claim. We may reverse the refund later (including any interest on the refund)
if we are able to demonstrate that the substitute check was correctly posted to your account.

 How do I make a claim for a refund?
 If you believe that you have suffered a loss relating to a substitute check that you received
 and that was posted to your account, please contact us at the phone number listed on your bank
 statement, or write to us at:
 Bank of America
 Attn: Research and Adjustments
 PO Box 31590
.Tampa, FL 33631-5598 ._.                              -

You must contact us within 40 calendar days of the date that we mailed (or otherwise delivered
by a means to which you agreed) the substitute check in question or the account statement
showing that the substitute check was posted to your account, whichever is later. We will
extend this time period if you were not able to make a timely claim because of extraordinary
circumstances.
Your claim must include:
. A description of why you have suffered a loss (for example, you think the amount withdrawn
  was incorrect)j
. An estimate of the amount of your loss;
. An explanation of why the substitute check you received is insufficient to confirm that you
  suffered a loss; and
. A copy of the substitute check or the following information to help us identify the
  substitute check: the check number, the name of the person to whom you wrote the check,
  the amount of the check and the date of the check.