Screen v. Clean Image of Miami, Inc. et al

Filing 74

ORDER on Emails to the Court. Signed by Magistrate Judge Jonathan Goodman on 4/6/2012. (Attachments: # 1 Exhibit A (Part 1), # 2 Exhibit A (Part 2), # 3 Exhibit B) (dkc)

Spencer.,

Raymond c(tlled me 10 tell me that Puja would be drivillg the chi ldren li'o\1l the park to Dr.
Bodan's oCfice. Th is is not her call. Under my w'[l tch, I will not allow my dml gil tcr to drive on
836 unfil 1 fecI comfo ·tab le that she is ca pable Oil a highway. r cannot prevent the mother Ii'oln
c~posing her to dange r, as she has in the past, but under my 'MItch, ( will take {hem or Raymund
willlllake other ann nge mcnts.

If Raym ond demand s 1 let )J uj a ta ke them against my d i ~:ud i 11 and tatllerly .Judgment then she
wi U denw ll el so ill email <Inc! \vritin g, Tbis way if something happens to them ill [ru nt 0 f my
eyes, I won't feel guilty becal1se of an egotistical GA L.

CEO

CL EA.N I M AGE CORPORATION

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Please see nllr website at: WWIV.clccx pe r icil ce .cnlll

" We have been servillg Sonth Plorirla's most prestigious facillties in South Florida for over 18
years ..
• 01lr eli ell ts who ge t rater! by Press G<lllICY <llld G<lllllp po lis have been surveyed consistently
over the 95% percentile thl'es[lnld ill cleanlilless each iluartel". "
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has cl1 ange a. If you CllO not. Illl llai r:: a ch sn ge re q u e~t, you m a~ & e r ece IYJr\g: this
nc tl ce as a resull of a pr em iu m change on yo ur po l ic y a n I I/e r r~ ry date" '1 Please
r efer ence y our po lic y co nir act fo r m o r e info rm ati on.
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i\!landira Rudf2.

Ban i<, Name :

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TranSi t Numbe r:

2631 9 1387

Account Numbel :

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TotAl Or afl Amount :

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27th of each mo nth

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Please uote ih8t II your po licy is I\ ot paid to Ihe current
pr emiums may be draft ed' fro en your ac coun1. These dr'3rts

yo ur select ed dr8fl date.

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If you have any question s' o r w is h to ch ai1ge all Y of the infor m<jl
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pl ea se contacl us at 1- 800- 732-5543. Our represe nt alives are
all abl e i}l1 onday to

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Fri day 8:00 A.lvl. 10 7:00 P. M. Eastern Ti ll1e.

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In~urancc prcduct~ H e i~ZllCCl D',': .J ell') HJnco ck Li fe In su rance Comp~"y (U.S.A ,) ' n}
JoM Ha ,'e n,,!.; Ll r" Ins urance CClmp,lI)'1 cor ~eYI Yar i(. Valt)", lla , tlY 10595 a mi Jol)l1 Hi
(.(l lleC<!"l).ly I l;lerrea t,) ':5 JO I\ n Hancock .

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Service Office:
Life New Business
197 Clarenoor) Streel
Boston r..1A 02116-5010

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Temporary Life Insurance Receipt and Agreeme nt
iii John Hancock Life Insurance Company (U.S.A.)

o John Hancock Variable Ufe Insurance Company
o John Hancock Life Insurance Company
( he relnJ~e(

referred to a9 TM Company)

Prirl! ar.duse bl2ck ink.

RECEIPI
T,'le CompZrlY
acknowledges receipt

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PROPOSEDLIFE INSUREDA IFE TWO)
2. Name

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SignatlKe ot

"9.n\IR~gfster~d Rcp""9f1laU'~

TEMPORARY LIFE INSURANCE AGREEMENT
This Temporary Ufe Insurance Agreement is hereby entered into as follows:

ALL PREMIUM CHECKS MUST BE MADE PAY
ABLE TO THE COMPANY AND SENT TO THE SERVICE OFFiCE ADDRESS.
DO NOT MAKE CHECKS PAYABLE TO THE AGEfllT OR LEAVE THE PAYEE BLANK.
pay a death benefit to the beneficiary named in the application if the Proposed Life Insured, or
the Surviving Proposed Life Insured under a survivorship plan, dies while this Agreement is in effect, subject to the
terms and conditions set oul below.
1. WHEN AGREEMEN.T APPLIES. No coverage will be pro\~ded under this Agreement if any of the lallowing apply:
(a) any of the Questions in the TemporalY life Insurance Agreeme nt Applicalion are answered 'Yes· or left blank; or.
(b) any Proposed life Insured is under age 20 or over age 70 (nearest b1rthday) ;is o{ (he dale that this Temporary Life Insurance
Receipt and Agreement Is Signed bl'the AgenVRegistered Representative rUle Effective Dale"): ai'\d,
(e) Ihe amount applied (or under the above referenced Application for Life Insurance is more than $10,000,000 of irdividual coverage or
.$15,000,000 of sUNivorship coverage.
2. LIMITED AMOUNT OF INSURANCE. The amount of Temporary lite Insurance coverage provided by The Compat1y will be the lesser of:
(a) the amount of insurance applied (or including supplemenlary benefits and accidental death benem; or.
(b) $1.000,000 for individual coverage 0( $5,000,000 (or sLlrvivorship coverage .

This maximum amount of coverage app~es 10 Ihe total amount under Ulis Agreement and any olher Temporary Ufe Insurance

Agreemenl with The Company covering !he Proposed life Insured. If Ihere are Iwo or more parsons proposed for insurnnce, this

maximum amount appl!es \0 the 101.:31 coverage.

3. ACCIDENTAL DEATH BENEFIT LIMITATION . If ihe benefits applied lor include arl accidental d(~a t h benefit, no such benefit will be
paid in respect 01 a dealh caused by:
(3) volunlarily laking or absorbing 01 any drug. medicine, sedative or poison (except in connection With any Propossd Lile Insured's
employmenl) unless prescribed by a licensed doctor other than the Proposed Life Insured; or,
(b) travel in any aircraft oUler than as a passenger.
4. DATE INSURANCE BEGINS. Insurance under this Agre ement will begin on the Effective Dale if The Company's application for life
insuranco has been compleled and a payment has been received by The Company for at least ol1e-t"'-Iellih of the annual premium {or
the base plan and any supplementary berleflls requested in the applicution. If payrnen! IS made by check or draft, no insurance will be
provided by this Agreement unless the check or draft Is honored when first presented for paymerll.
5. TeRMINATION AND REFUND OF PREMIUM. In~uranGe under thi~ Temporary Life Insurance Agreement will end on !he earliesl of:
(a) the 90th day after the date of (his Agreement
(b) the day before the dale insurance I.:3kes effect under the policy applied for,

(c} the dale The Company malls noUce to Ihe applicanl either declining to offer insurance 10 the applicant or offerii'\g insurance on a

basis other than as applied for.
Upon lerminatioo of Illis Tempornl)' life Insurance Agreement, The Company's only liability will be 10 refund !he premium paid without interesL
6. SUICIDE. If any person proposed (or insurance, whether sane or insane, commits suicide, The Company's only liability ViiI! bato refund
the premium paid without interest
7. MISREPRESENTATION. If there Is any material misrepresenlation in the Tempor.3.IY Life Insurance Agreeme.t11 Application.
The Company's only liability will be fa refund the premium paid without interest.
8. OTHER CONDITIONS . No one Is authOrized to change or waive any provision of this Agreement.
The Company vii!1

Give Ihls page to the Owner
NB60IY.US (1212001)

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2G!1·1~'02

07:39

91D2n2723

Bfl&T Lu.~ :t:.erton Nt:

P 2/3

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1.'1 Th"E ClR.CUIT COUIn OP THE ELEVENTH JUDICtAL
Cf.RcurriN AND fOR MIAMI·DADE COUNTY, FLORIDA
FMCE

D rrr R !lfRA'

89
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P~n
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CASENO, lO· O
10920 rc 2B

ooeilHusbsnd,

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MANDJRA !)DRA,
j

ENA FOR. PROD'llerr0H OF DOCUMENrS FROM NONF'AIrf'L

YOU I S'r go CO MlrcllJdI t.t W
w,llC, :l \ 91 C<JraI Wuy, SUllo $04, Ml.Ul.l.I, FlonCe.
33145, on No .::mOOr 9, 201 1, in 2:15 p.m.. 5.D.d bri.cg with you nt tb:lt time ~nd 1)lacQ the
···-·--fOTIOl'lil1g.; blln.ldC'.s t;'C~I:d~ ~&tcd with Mandlm.o,,\ldta, Soelnl g~~--Y:"'·N-\Jm-b-·CI'--'-/)'\ ~·
:- .~"""IJ,-?S15, what{ sho is the prinl.n}' u~\!I\1 bolder, joGJ.ll\!:co\l(\{ holder. or lUJtho~d :;igru>JOl'1 Cl1
the !I~l1l1f fr m the years 2COS·pre;eot.
Thcsd1cmS wHl be. Inspected ~d may be oo~lcd at \hat time. You wnt IlOt ba,vc to luvc

li\~ original it.s.

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You ay obey 1hls subpot'n~ by provIding ~6~bl~ copies oCthe items to b~ prodtlCcd ~
Ine party or siner uttorncy whc~ Ml'IlO QPpcan on this 1iU0f«na 00 or WOI'(; the schc-du!ed
oOie Dfprodu tion:. You O'ICly conditloo thcl'(ef>JlrdiM of the COpiC3llpQ1\ pa.yraC1\t in ~<Icmoo of
Ule reasoM1.lt CCSl ofpl'cparnnoD. Uyou m:lil or<lelivcr tM cop1~ ~o tho nrtol'lloywb.ose llAl11~
app¢m on thi subpoena bot9t'o tb~ <hlC indlC1led above, Y \l do not have \0 IlWCjr in p ~ on,
C
Y()U 'J bo In eon~mpt of court If you roll till (1) Apl'~nr as spc:-clJlcd; (.2) forol.sb
the r~rd5' stead of appcnr/Jl.g ClJ provr(lcd ~bIlvei I)l'~) obloet to Ibis ijUbpO~DD,

Yau e only be exClUc<I by t!1¢ P~~1i weose IlAlT1C tq)ptll.."S on 'his 5\lOI=¢i;na end, uoto>s
c;;(CIlScd. by tb \ ;pC1'l?on or (ho CoUl't, YOII ilicll \'(l:ifJoQd lI.S dL"Cctcx\,

EXHIBuT A

2u'lHi'-02 07:40

91027227t3 »

BBtT Lu,r,oartG() lie

P 3/3

ClERK OF 'fHE CrRCU11' COURT
(SEAl.)

ThJs pm to

I
t

th oI!ol<rt:

[f ;--e\l rl'~ :" ?

Q

3)';

HIM out b, t.,"'c court o)."fiUed in \'.'itU info,m£ltiQn YO~I have 0 taioed f~~)\1

fs<;>n with ndisnblii(y who 1l~cL\ al\j' accoll'\l'®\lut\cn il'l ol,.,r~r 10 psrtidpatlO (1\ th(~

\)r()c ~1ng. 'I tl :'!.l ~ ntittG\l, at no cost tI)

{)ram
(Ilddrw)

•

DopulYCltd<

you, to tbe lltovision of certain t$Sisbl.llCO. P !c~c

•

<;"(nltflCI

{It! Ispholl e)

_

,within 2 WOr 'ng d:lYs ofyollr I'i:Qeipt oftll!, 1ub!>oeoa. If you ~re hC:U10i!, or VO!cd Im.pP.ltM,
cal! TOD 1·8 ()'9:iS.m I .
IFY th~t t save noti~g to C cloer ~al y to thi~ Ilct:¢Ii of rny lntcnt 10 ~l:rvo ~
'lay
a p~oon who \$ not a pMty to this :\CHell dlrcctins ili!!! pe:so:'t to pr¢du~c
dQcllmeot$ tIlitlS) v:ithm:t dtpOildor.. I Also cmfi that no obJaclion under Florida Ru.le of
Civil prnc cdC \.35 t hag 'c~n r;~iv¢d by !he undo~ignoo within 10 4~y:l oi S
eMCC of lbis
notice, if" e~ was by hand dcUv~:'Y IYr c,[lF-'l'09nalo fuc2\rcilc tl'il.'l\-Im/~.s{ou., :!!lrt withb IS d,:ys
ieG~io;.~, by mall.

9
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lI.ITCIle.t.L &; WEST, L~c

ArtQ:t',.lyl ~ PC'~tion:rlH~
Tctr.l ~~I( 'il<J!!~1i15
1101 ~W""w:"'5C>1

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from :'v(l;un i-D;)dt! . Browurd or P:·~!m 2e::u~h COlinry, Florid.:! "r dies.

---

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...-:: ­

GENERA~,

I\FFIDA\fIT STA liNG FACTS ON lNFORMA nOf'{ Fl,GTU,o.L EVIDENC =
hN D OC CURAI ,IC ES
;,,; ~': :,:
....

STATE OF FLORIDA

..

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COUNTY OF MIAMI-DADE

PERSONALLY appeared before me,

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the

undersi gn ed authority In and said COUh t\! and state,

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"',-;c~_h[ J ' " 1,.. . _ o havrng been o~ing tlrst dutv SWO rri bv L h,~~n d ers l gJ1ed No t-}(V Public,
)Nh

rlepos es and says:

"1.

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.

"

,iI,(fia llt is witn ess c d is informed in the area of such In fo , tn,ptlo'n pre;;E;ll tea -I,1'ereby': pre s-e lll$ tl SOlJnd
lil
.
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an Cll ysis 2nd

On August 25

th

~

in go od fait h, states th e tollo\vil g :

,

20 11 I wen t in to th e (GPO to be in te rv iew ed by Detect ive "!Ven t ze,l ab out th

Shirley Martin ez . The Detective showed me a f,l ict ure of JOI1\€
3S

he ha d corne in t o fill out an application

Fe~;Il_a n,de..z ;:li,d~ as ked \(.:, ha d ~e e-n

for Bu siness Relation s a ~d:i!)t~'~\lie~:~dwith Dave,

a pic ture of Gl ebys Grin an and asked if I saw her. I t old

Payrol l Fral!d conducte.d t)"v

h1'11 no , ,T,ne de~~ctiv~\ hen i!lformed
,~<,

'

him, I Col d

him tliat I had

Det , \iIle ntz.::1also show ed m e
rne tl13 t accordin g t o Jorge,

,.:."-

Glebys Clnd Ms. Mariti nez that they d id work for ,C:.l~,~~: .t!J,! a ge, J.lnd th at Dave RucJri'l hired the m personally, I replied tha t

Dave did not hire him lJecalise dLII'ing the Intervi el;i/ he feksu.spiciops 'lbo ut Jorge Fe rnande z and he walked away ~a\{lng " I
ca nnot work far someone who canf"lot trust hi$ ~,~'pl~yeesl) . ;' :::.,;, ' ·.c'·". ",:",''.
The detective said, how do YOIl

know;. t'I~~t

the'Ydid

:~~; t.

'of ,'"

'~'6t:,worJ~t: for Clean
' ~:,,~. ~~~:~-

Image if Dave hired them?

I told him that ail
,;

report to me as; l , was ' t~ e oR~.ratio Fls ma nager and I handle all payroll time-sheets, None or the people
.. ~" .
.: ~ . ~ .... : ;~ ;'\{':.
who cashed the checks or the peop le-" i l~ the :p,Lctures wo'rked fo r Cleall Image or had an application or signed in to payroll

employees bave to

"

-~. '

::'

time-sheets.

....­

The detective asked

"

wr9~dge's :Rf~;01!,,_ 'lt\)ld\; lm that I turn

in the payroll sheets to Shirley and she enters them on-line in

the computer. The ollJy day S h'i'~~~y 'ca m,e ill to work early would be on the days she ente l'ed paYI'OII, and could have
entered transac!JQ:n's

and transmit

p~'~·roll.

be(Q,re
I

Dave would log 'i~_ ~fter

I got

tl~?.(e . t~' November,

Dave told me to train 011 payroll with Shirley 50 I watched her enter

never enter~!d it myself or had a Sign on ID until she left.

Shirl ~/ ~118 :i~~tl ke t!le changes and transmit payroll.

The detective said accordlllg to Shirley,

I told him that Dave never did payroll and does

not know how to' do, payroll. '~:!The detective lool<ed surprised and asked me, how tan the president of the company not
k.now how to do

pay~~iI7(1 tcild him tllat's why he hiles someone to do the payroll.

do the pavroll now ar1d Dave does IiOt do it. BeSides, Dave was hardly
detective said what hlJppens when you are sick,

In

I also told him that I am the only Or1e to

the office when Shirley used to do payroll. The

I told him that I haVEn't been sick so far and it can be done from your

home If that is the case ilnd I told him that you can see the IP Log where Sh irley did enter into

pByrol1 several times from

her house IP, because it wa~ not the offlLe JP . The detective gave a face like he did not want to believe me. I asked him,
why would Dave write a check 10 an employee who did not work there and not benefit from it? The detective did not

answer.

~Ir

ilddi.tional space is needed refer LO attachment as Part II of Affidavit,

~./)

GENERAL !~~F IDi~, V!

l

ST,ll,TING F ,~\CTS ON IN ':OR.IVIATIOI L FACTtJAL EVIDENCE
AND OCC UR.4 JC ES

Th e detective the n changed t he subject and tol d me t hat, did yo u kn o w Dave ha s a Ve( 6 5 peop le o n payroll with bad So ci al
Security Nurnbers .:m d so m e of them are deceased? i rol d him tha t I d iscov er'e d t hat earlier when peop le ca lle d in saying
tha l the ir lax reI urns ha d the wrong social security nu mbers on th em . I inf'orm ed Oave and we cont~ cted th e r ay ro ll
company and found out that the numbers were tota lly off. Dave asl<ed me to correct them immediately. I later pulled all
the current employees and found that even Dave's Social Security Number was ch anged and he did not know about it. I
Wf:'1H irtto pdor p ilYI'1) 1I reg isters and fo uneJ th at they did have the correct social security numbers, but at so m

pOint l'l1 <l ny

numb ers were ch anged .

H Ie lietectlve loo ked at me and said, tha t l1e w ill be inve stigati ng th ~ socia l securit y nu mber~ as it "va s a federal offence and

thal if Da ve did chan ge t he num bers, tha t Ile ,,"Quid be fe dernlly prosecute ci. I asked him;·' will! woul d Dave chan ge th e
' 1

So i' l Scw ri !,! Numbe rs wh e n he il<l~ legallv

ciigible em plOyees"! He sai d he do es

llot.l~n ovJ

g3'Je me the impression that he wanted to believe Shi rlE"l . 11' see n: ed ill his to ne an d

'N hy. Dave w ou ld do

trlat, ,"n d

I;;~y 1~J)gud-ee. as if,tbe detective w (!. s

m ore ntCI'ested in tryin g 1'0 fi nd fiJult in Dave than the real reason wh'l Vi P. I'(o pohed t he cri m e of Ghost·Employee;.
. "
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.~
- -

I

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hy thi! (1 etective, (e cillled.:·'s~ v eril l conv~rs 3tiqn s with S h i rk~lJ. One of tr e
..... .wDver.s.a.rions...w..as lila uhe...comp lai oed,lhar s he .\;'!ant ed.to .quit b,2 CiWS~ n2\lE:'·.5,u.sfJ.ecte·dJJ.eLQf p.assmgjnrorma.tiQI) to his.

I need t o add t ho t afte l' being intEi'\l iE' w ed

•

wife about wh at he was do ing. On anot hc r occa sion rig ht at ( he
beca use Dave is going to have my m other
im/ ol ved .

arr e ~l:ed

,

sh e

_

qu'it" she

toid m~ th at I need to be carer'll

for stealing··gis ·jr;-v¥.?lrY.., She aiso said tha t. I Il eeo to qu it and no t get
.;.:~.
. '. '. ':: , ::.~;;.: .

I cl ea rly remember anot her conv ersation which did not

make:sen~e

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she g~::...rtlLU.QJ!1 P ~!lY_ th ree m o_ ths Qefore the
n

I'

time

':

at

._

tiie--,time. On Janu arv 25,2011, Shirley tol d me that
' ;"; .

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-

.

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l;ds.s_o m e. ~ n d c~;e j~~~D.,_ I did not know w hy she wa s s<lying that, bu t

_ _ ---_
---_ --

she also added t ha t I S
l10uld come a nd work fo r her .beca use· she vJas·a·n 'officer, and aft er the divo rce eithf'r ~h e would ge t
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the co m pany or his w ife M an d
_~a would o:",n t h ~,,~~J:Y':~y. .~~!lE-a.y ~-g~ ~- t9. je.!.I :. She sa id " and trus t me, you do n't wa nt
_

towor[< fo r hi.

wrfe

because

she is a

bjt.chl , .

I dic not
l'

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kllpw wha t

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she was talking abou t the n, although I did get sca red I

"

st aye d with Clean Image because I . ~id ri6.r I ~ e ~.,'.w)Ve d.o;:.:~ny t h i ng unusuill. At the time I did not know th at Shirley opened

own company and that she had : ~~o len·· a,~' that mo'ney. later we found emails belwc>en Sh irley, D2ve's wife, Det.
Ramesh NyBerg and De·rective~:(tarlos BaiXpli, . W e. (l lso noted all payroll records prior to November 2010 are missing. In
her

November I slal1ed

main ti'l.If\(n~· ~ i·I :' P.-~YI:OIl:i~c8 rd ~ · ~nd timesheets .
.!,~~ -.~ : ... ;.~; -~"_:::~-i": '

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Her personnel files and Daniel Castillo are also missing .

t ~'!'::;~j;.~~

The dCly I learned thdt :S.h irley was ca ugh t,for bank fraud, she calle d me and told me that she was going to file a

order on Dave . .I1.).e.'fol iJI-::,ing
Angela
file

Mond~.v 8 0~l lce officers came to file a restraining order on Dave.

Commis';j~ng p ri~r 'lQ ,th~ co~';"t

charges.

resl rainin~

Shirley was in contact with

date and asked Dave for $5000 00 so she would drop the restraining order Clnd

))01

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A ng~ la pleaded to Dave to give it to he r but Dave refused. She also told Ansela that the cops wanted to catth

Dave violating the restra in ing~p rder a nd arrest him, but she refuse d to entrap him.
".'-'. ~

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Affiant t\Jome :b'-'--"CI...>-.......r-.:p:~_-7I'-7--,P==--'-<.:,:........::--<...:::=-_ __ _ _
Affian t Signature:

,/

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~

SWORN to and subscd6ed before me, on this _ _ _ day of

Date:_U._~I_q_h_\__

SeQ~,Nlbec

&1
~
j'lfadditional spa ce is needed refer to attachment as Part !I of AffidaVit,

. 2011_.

(
IYJc7k---­

, - - ,-

GENERAl. AFFfO/\V1T STA TiN G f ACTS ON INF ORMATI ON,
A ND OCCURANCES

I

F l~\CTUA L EV\DE ~,! CE

STATE OF FLORIDA
COUNTY OF MIAMI-DADE

PER SONALLY 2ppeare d be fore m e, the u nde rsi gned (luthon t y 'n <lna c;aicl co unt\' and state,

(J2cqLlffrr~LO hCQ'"who having bee n being fi rs t cJut'! sworn by th e u.ndersig ned
.
d ep oses an d

5FJ YS·

Affiant is In for med III the are;:) o f slich informa t ion p re s ~ nt ed hereby pre se nts
_

. _

g oel fiJ ith , <;.tates t h lO foilo w in g:
_ _ ~ ..

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l ot ary Pub lic,

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sou nd an alvsis anel in

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I 5[ Clrted vJo l"ki n(:l at Clea n Imag e in Octo ber and wa s trained 0 man age t he elll pfoV cE5 bV Da ve and to do

pa'lroll bv Shirley Martinez. I spen t

2l

lot of ti ll1e wi t h Sh irley and sh e w as very nice t o me. During th at time

..lJe had a cllent.3 t Lincoln LPC called Ne stor R<lrn ir el w ho kept c'2 i1 ing for Ine to come to his b ll ild ing fo r thi ngs
t hat w ere not our responsibilitV. One day in November he email ed m e to con' ffiunicate with him direct IV an d
na t to get Dave involved. I told Dave this and he told me to w rite Nestor a rep ly th at I had to notifv him of
everything going on in the company . Nestor then stopped calling me.
L<lter. Shirley would communicate directly with Nestor and take me to his bUildings. We kept getting
complainls only from Sheila in the Inter-America Suite. I could not understand wl,y because as lhe operations
person, I checked on that suite every

day and everything was left perfect. One day after a complaint I visited

the suite and the receptionist told me that Sheila had come earlier to ruffle a plant and then made a complaint

The same thing also happened in S&K properties where Shirley would deal with Carla . For the next
few weeks, Shirley would often ask me to go to lunch with Nester an d her. She also "-,,ked me if Nesto l· had <l
cha nee to speak to me yet. ! asked her about what and she said never mind.
to Nestor.

From then on, mostly Nestor dealt wIth ShIrley. In January, we received a termInation letter from both S&K

ann LPC for 5 properties without cause to be effective March 1, 2011. Dave tried to negotiate with both

clients and told me that they would reconsider. On the last week of the termination date, Dave asked me to
go check all

the properties. As ( was going to check the properties, Shirley told me not to bother, because she

knew they were not going to renew the contracts. I still checked them as Dave asked and the following
Monday there was another company

In place as Shirley said .

By this time Dave had caught that Shirley was having the payroll delivered to her house and made lots of
unauthorized Bank Charges. By the time I came to work I found Dut that Shirley was not coming back, Dave
stopped the payroll from going to her house and delivered to the office . Dave also found a se ries of emalls
between Shirley and Nestor from November forward about meeting and talking after 6.pm.

"'Ii additional space is needed refer to attachment as Part II of Afiid;JVit.

..

/

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C~E l

.ERP,t l... F':':ifJ,ti.VlT STA TING Fi.\CTS ON INFORMATION, FACTUAL EVtDENCE

AND OCCUR A NCES

When we received payroll and sorted the checks, I round

check was issued to D<1r1ie l
Cast illo, Sh irlev's husband , Daniel Costil lo's check ,-.vas not enclos ed in the package Bnd I brought this to Dave's
atten t ion Da niel Castill o was not worl<i ng fo r us ,
0'1 th e

ledge r th31

C1

Dave r.hen h8Q me go through mo re of t he payroll ledger f rom Novem ber on and fou~'d ,t:nore peop le. 'Nho din

Castill o, Michelle F,~~'n,andf22, and J
:orge "HNi'\<Jndcz (1! 1
rr: ce ivmg cherks, bu t did not work fO I' LIS , Sin ce Novembe r, I nevel' saw the c ebk~ t;'t0~5e IJ edr)le eVE: r corne
to t he office I fou nd alm ost 523,00000 of che cks iss ued 1:0 p eop le !N~'D dia not wor~ ' for us: Sin ce November ,
! 'J.j,)S <'it th e office and ol1lv Shirle y l'v1artil~ el w as issued a log-on tor' r:<ly.- Day paV!'!JJL-@_c1_~V.gll_tllP.iAgtLl __ ___ '_
~\/<1tched 1m do p<lyroll, 51'ii~eya l -'::;'iv~ el)t~retp"~~~~-il:,-r.;~r~w;'~;'" fd'id '~ oti~;' 'that sh e CR~l~~' i ,~ '~a;fi~;th; ;: ,~, e- ·
nnt \liork for

n

, ' __ ' __

-,

on the

rla y~

'J, b'J t CNere iss ued

che ck s, I found Maritzo

she entered payroll.

Dave asked me ro ch~ck the Bi3ni< statements t o see .,::- cashed ~dt't~e checks. Asl INent check by ch eck, I
who
­
nOliced th2t most ofth0 chec ks issu ed to the employee,s, vq,e re changed and ca shed by a Jorge Fernand ' 2,

the one issued to Jorge Hernandez, was sig ned bY ' J~j~e Fernnnde:z. and depOSited in the Si\me bank
account, Coincidentally I recall meeting a Jorg~ Luis Fernan iiel(;who opened up my bank (lccoont at
EV(>[l

Wachovia,

Januar~j'i3, 201i::JqJge Fer,nandez and Daniel Castillo opened lip a cleaning

later we discovered that on

'tb"e. address on the website being the same as Shirley
Maritl1ez. We called the number and Shirley picked up the phone,

company called Global Outsourc'e.5olutlons 'with

Before she quit she spoke to m'e.s,everaLt,iJT)es <lnd tried to tell me that Dave was going to have my mother
arrested and tried to

.

convin~~ me':that Dave was dangerous and that he tried to kiss her and she was scaring
. I .:~

me about Dave:"'Although I did 'n,o t se~ anything of that nature ha ppen, Shirley cried and was ver.I convincing
"

th()t Dave would have my moth~r arrested for

stealing his necklace. My mother deans Dave's house,

'had a mental problem

CIt

and needed mental help.

+~

dore me, on this

~di:lY of ~{\e.

-t;))i!l~'~ STEFANIE MADSEN

'% ~

Q
...

~ Commission II DD 984791
Expiras Ap!1126, 2014

~

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e..Y'ti5cItl'h'V:'oy ~bvIn» eco.l.,'\:5-701'

.

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My Commission Expires :_ __ _ _ _ _ _ _ __

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additional space IS needed refer to attachment as Part !I of Affidavit.

She also

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Ramesii I--! yberg
<ra mesh.nj'berg@gma il.col1l

>
03/04/2012 12:03 PM

To gooc
[e-mail]1S .gov

ce
bee
Fwd: Vi sitalion. ,. Subpoena for Tda!. Federiil Case on
Mond y

3 attach menls

,.----;c------ .---.- .- . - --­

-~
Suilpoena for Tlial Federal

e sse Ma ter Acadil l11y .tif

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Your .Honor,

Please see Tbis mess age from Mr. Rucl r8, which has ,'I rtached the s lbpot'-l1il he had served at my

work . I :un (ll so sending all th e lllatc ri aJ ~ wit h it courier 5(1 rhat you will get it emly iVfonclay

mOi'mng.

Thank

YOll,

Mandi ra Rudra
---_. ----- Forwarded message ---------­
From : M , n dira Ru dl"a <mandira.rucira@gm,a i1.eom>
Dale: \"led, Feb 29, 201 2 at 4 :41 PM
Subject: f wd : Vi~ ita ti o n .. .. Subpoena for Trial. Federal Case on Monday
To: "ramesh,n:y:Q.~rg(@.gm ail. com" <ramesh.nyberg@,gmai1.com>

---------- Forwarded message --- ------­
From: "Dave Rudra" <Dave@genesismauagement.l1s>

Dnk ' Feb 29, 2012 4:30 PM

Subject: Visitation .... Subpoella for Trial. Federal Case on Monday

To : "Mand ira Rudra" <rnanclira. [e-mail]>, <[e-mail] m>, "Stuart Abramson"

<lawstu08@gmail .coru>

Cc: "Spencer" <[e-mail]> , <Preferred proc e~ho t m a il . com>

Due to an upcol1ling Federa l Case, 1 will be preoccupied tonig,ht, You may plc\l1 Clccordingly \-\lith
the children, In (he future, I will establish that YOli may drop off the c.h il dren either at (l1)' work
or ho me during visiUlrion . I will drop the ch ildren back to your hOllse. Thjs way (he burden on
me is relieved as YOll have refused to le t any of my friends and help pick theln up when I <1m

{. -n
.
I

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\

Dave Rudra
=

R2mesl1 Nyberg Q amest1,llybcrg@gmail,com>
Saturday, MSI'ch 10, 2012 2:41 PM
[e-mail]
swesl@m itchell andwesLcom
Re· Goodm an Emai ls from NyBerg . In Federal Case

From:

Sent:
To:

Cc:
Subject:

ML Rudr(J,

Y Oll may believe \vhafever you \-"ish. What is fact is that Y0 1l includ~d me in your lawsuit by putting my name

on (he exhibit list , and trying to include my divorce ill your deiel1s.,. You drag people into your lega l problems ,

Fi nd tilen you complain about them '?

Whomever r com municate with, is ent'i rdy' my business , so if you l1avc it compl"int, lodge it :·;omewhere else [mel

don 't bother me nbout i1.

On S(\[, i'v(ar 10, 20 12 at I :55 PM, <i , ~lvdi{) !'! e nes i: IH~·11 1.ag e m('n t.lI s> wrote:
Hello

~ilr.

NyBe rg,

I wa s curious as to
Goodm an yourself.
co u rtroom before?
Lawsuit is taking it
Em ail. Please stop
Thanks
Dave

e n~ail s (attached ) fo r Ma ndi ra and send in g t hem to Judge
Was Judge Good man suppo se d t o 'N ei g ht til e fact th at y ou ma y have bee n his
I know you use d to w rite Ma nd ira' s sc hoo! projects before, but int erfer ing in a Federal
J bit to far . IVl a ndira is no t capa ble of writing suc h lett ers a nd you sent I:hem from your
il1terferlng in ot her lawsuits moving forward.

why you would be writ ing

Dave Rudra
""
From:

Sent:
To:

Cc:
Subject:

Ramesh Nyberg <ramesh.nyberg@g mail com"
Wednesday, March 14, 20 12 8:17 prvl
[e-mail]
w.washington 22 1@gmai!.com; lawstu08 @gmail.com; mil acleworker18@aof com,
wg lasko@gcp rob atefavJ.com
Re: Em ails to Burnste in

1'm stlre he'll be intrigued to hear all abOln ir.

On Wec\, Mar 14, 20 J 2 at 5:23 PM, <Dave1().!.l.cncsis nW)}3£! c: mcn t. u s> wrote:

NyBerg,

It was b ro ught to my attention that y ou are em aili ng Bu rn ste in update s of INhat you wan t hi m t o I<now.

Dave

GENERAL AFFIDAVIT STATING FACTS ON INFORMATION, FACTUAL EVIDENCE

AND OCCURANCES

STATE OF FLORIDA
COUNTY OF MIAMI-DADE

PERSONALLY appeared before me, the undersigned authority in and said c_ounty and state,

CIr:::tque.JJYY~'\,
deposes and

l,c)YT L .who having been being first duty sworn by !he undersigned Notary Public,

says:

Affiant is witness and is informed in the area of such information presented~,hereby'presents a sound
analysis and in good faith, states the following:
:':",
': ,
.. --On August 25t~, 2011 I went in to the (GPO to be interviewed by Deteci:i~~ Wentzel about the Payroll Fraud conducted by

~----- --.--------- -

--- -- --,-~--- -----.-- ---""-.- -~----

Shirley Martinez. The Detective showed me a picture of Jorge Fernandez.and ..asked'if I'had seen him. I told him that I had
as he had come in to fill out an application for Business Relations and intervielNed with Dave, DeL Wentzel also showed me
'" ,~."::_

,I .

l .

a picture of Glebys Grinan and asked if I saw her. I told hirn no. ,The detective then informed me that according to Jorge,
Glebys and Ms, Maritinez that they did work for CI~an Image 'and that Dave Rudra hired them personally. I replied that
Dave did not hire him because during the

intel\lie'~ he" f~lt-SLJ.S~iCiOus about Jorge Fernandez and he walked away saying "I
,_

cannot work for someone who ca nnot trust
The detective said, how do

I

-I:.r

hi_~_ ~mpI9yees".

know. ~hat they "did not,~orldor Clean Image if Dave hired them? I told him that all

YOLi

employees have to report to me as ,I was-the operati~ns ~anager and I handle all payroll time-sheets. None of the people
­
who cashed the checks or the people in, ;, the pictures worked for Clean Image or had an application or signed in to payroll
.
-­
~r

time-sheets,

-:-;... - .~.:..::.7':j:'(- •.

. ,'-.'

The detective asked who dde's
..

'.-

:

...

payr~lI , I 't ;ldbim that I turn in the payroll sheets to Shirley and she enters them on-line in
'.,

··Iv....

the computer. The only day Shii-ley came in to work early would be on the days she entered payroll, and could have
entered

transac,~ions

be'fore I got

t h~re, i~

November, Dilve told me to train on payroll with Shirley so I watched her enter

and transmit payroll, I never enter,ed it myself or had a sign on 10 until she left. The detective said according to Shirley,
Dave would

log'\~

after 5hirleyi ~n(f;";ake the changes and transmit payroll. I told him that Dave never did payroll and does

not know how to do_ payroIL-: The detective looked surprised and asked me, how can the president of the company

not

know how to do pay~~"117- It~id him that's why he hires someone to do the payroll. I also told him that I am the only one to
do the payroll now and Dave does not do it. Besides, Dave was hardly in the office when Shirley used to do payroll. The
detective said what happens when you are sick. I told him that I haven't been sick so far and it can be done from your
home if that is the case and I told him that you can see the IP log where Shirley did enter into payroll several times from
her house IP, because it was not the office IP. The detective gave a face like he did not want to believe me. I asked him,
why would Dave write a check to an employee who did not work there and not benefit from it? The detective did not
answer.

"If additional space is needed refer to attachment as Part II of Affidavit.

GENERAL AFFIDAVIT STATING FACTS ON INFORMATION, FACTUAL EVIDENCE

AND OCCURANCES

The detective then changed the subject and told liie th at, did you know Dave has over 65 people on payroll with bad Social

Security Numb~rs and some of them are deceased- I told him that I discovered that earlier when people called in saying
that their tax returns had the wrong social security numbers on them.

I informed Dave and we contacted the payroll

company and found out that the numbers were totally off. Dave asked me to correct them immediately. I later pulled all
the current employees and found that even Dave's Social Security Number was changed and he did not know about it. I
went into prior payroll registers and found that they did have the correct social security numbers, but at some point many
numbers were changed.
The detective looked at me and said, (hat he will be investigating the social security numbers as it was a federal offence and
that if Dave did change the numbers, that he would be federally prosecuted. I asked him," why would Dave change the
Social Security Numbers when he has legally eligible employees? He said he does noUmow

why Dave would

do that, and

gave me the impression that he wanted to believe Shirley. It seemed in his tone and body l<;lnguage, Cls if the detective was
more int erested in trying to find fault in Dave than the real reason why we

rep?rt~d the'crim~·ofGh9~t'E mpIOyees,

I need to add that after being interviewed by the detective, I recalled several conversations with Shirley.

One of the

e.o n.versaHollS_was..tha t...sheLompJa in.ed. tha Lsbe_wa nled.Jo..!l.UjtbeC3..4S.e'._D.a\l.e~,~s.p_e.cled~:~.e L~ f .pass ing. info rro at iOJ). to_bis_
wife about what he was doing. On another occasion right at the time she quit,. she told me that I need to be careful
because Dave is going to have my mother arrested for stealing his jeyvelry. , .She also said that I need to quit and not get
involved.
I clearly remember another conversation which did not make ..~~nse at the time. On January 25, 2011, Shirley told me that

she gives this company three months before the feds come andcc/ose it down. I did not know why she was saying that, but
she also added that I should come and work for her

_

becaus~ -~he ;1;·a.s a~ ·officer, and
_,­

after the divorce either she would get

the company or his wife Mandira would own the_company whe,n Dave goes to jail. She said "and trust me, you don't want
to work for his wife because she is a bitch>;. I did . t)ot k·now .what she was talking about then, although I did get scared I
. . ', , < ~:,_, ,:' :1":- '

,

stayed with Clean Image because I d.id not see_Qave do a nythlng unusual. At the time I did not know that Shirley opened
her own company and that she had ;.stol~i1-"~il · that money.
.
~.' ,

;'.

later we found emails between Shirley, Dave's wife, Det.

'"

Ramesh NyBerg and Detective··.(:arlos Baixali. ·:We also noted all payroll records prior to November 2010 are missing. In
November I started

main1~l. n ing ·a"lI ; p~·Yr-oli ~~·c()rd~;nd
: .-....:'

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; ;..,..,.,~

': ~~

...

',.

~\

timesheets. Her personnel files and Daniel Castillo are also missing.

.

The day I learned that Shirley w,ts ca ught for bank fraud, she ca lied me and told me that she was gOing to file a restraining
order on Dave. The 'following Monday B police officers came to file a restraining order on Dave. Shirley was in contact with
Angela Commiss(ong prior to the cO.!.Jrt date and asked Dave for S5000.00 so she would drop the restraining order and not
file charges.

Ang~l~

pleaded

to· Da 0~· to give it to her but Dave refused.

She also told Angela that the cops wanted to catch

Dave violating the re?training:?rder and arrest him, but she refused to entrap him.
A Hi an t N am e :~t..l.-<~d....<~':;'=+--::a-1"--,L-=""""'-'----""-"-='------

Affiant Signature : - - - - - . ' ' ' - - - - - - . f L - - - - f - H - - - - - - , - - - - - - ­ Date:- - - - - - ­

SWORN to and subscr

My Co m miss 10 n Ex pires

:---14\--+-9-'<-_I\-'--~_b=_+)--=?bc.......=....L..\vj-'----_ _

NOTAR PUB C

~ If additiona I space is needed refer to attachment as Part II of Affidavit.

NAME AFFIDAvIT AND SWORN STATEMENT
STATE OF FLORIDA

)
) SS:

COUNTY OF MIAMI-OADE)

I, the Declarant

/.

"

/

Identification FI Driver's License No:
date

('t:.JG::. /r.,)C, \ ~., )
1"
1/ •. ,

.2cn0/f« l./) q!lc' cw"./eD

f

/

,DOB

I Il-/ L '/7.3

~(gl(: 8.

7
, expiration

::; .- v, ,/ 2. " /S , do hereby certify, swear or affirm, and declare under penalty of
I

perjury that this is my legal name and that the following statements are true to the best
of my knowledge and that I can be asked to take a sworn deposition and or be asked
to appear in Court to testify of same.
Dave showed me the transcripts of the testimony that were given during the Leonard Screen
Case, I was present in the courtroom sitting on [he side of defendant, Dave Ruclra and Clean
Image's represenring lawyer Spencer West when Marissa Marino was asked on the stand whose
house she was staying in nod she answered "Ram", Then she was askcd jf she meant detective
Ramesl\ Nyberg and she ans\Vered "yes",

It should be noted that the information contained in

the transcripts is i.ncorrect. On page 10 Ihis instance referring to Ramesh Nyberg as Maresh ,

During the course of the tria! Spencer West, rhe lawyer for Clean Image was exhibiting behavior
and actions that became increasingly questionable. When attempts to locate Marissa were

unsuccessful. Mr. West suggested to the courts to have her arrested and brought in. by the US
Marshals , Upon Judge Goodman's suggestion to subpoena Marissa Marino's mother and or
brother in an effort to draw Ms. Marino to court. Mr, We!.i played a role as though he was using
his skills as a Jawyer to work againstlhe defendant's defense,

The night that the subpoena was

served for the family member(s) of Marissa Marino, Dave showed me a text from Spencer West
stating that Marissa Marino was served and called him to say that Leonard Screen did not work
overtime,

The following day in court Mr. West tried to convince Dave and me as

(0

the reasons why we

should get ahold of Marissa Marino and not have her to take the stand. He said we would lose
the headway that we had made so far with the trial, that if we did call her to testify it would work
against us and cause us to lose the trial. He said he spoke to Marissa Mnrino said she would

show up with a lawyer and she would deny everything and plead the 5th. He further told us that
Marissa said thaI she would say that she made a deal with Dave to pay him $7,000.00 nol to
prosecute her for allegedly admitting her crimes. Mr. West said his legal position was to not lise
her to testify in the case and his tone was very serious and direct. Mr West was vehement about
not having Marissa Marino take the stand or we would lose the case. Dave was very upset at
Mr. West and said, he would take his chances and put her on the stand anyway after he spent all
that money trying to locate her.

Personally I could not figure out how within 24 hours he completely changed his tone from
being upbeat and supportive about having Marissa Marino testify in conversations he had with
Dave the same night he received rhe: text that she would in fact come in voluntarily
stand, to trying to say anything in his power [hat would convince

LIS

\0

take the

from having Marissa Marino

take the stand. When 1 saw what Mr. West was trying to do and how he was trying to prevent

the trutb tram surfacing- I became so disgusted with him and I even told Mr.

West

a( that poinl

"I am so disgusted with you right now."

At another juncture in the trial we would be breaking for lunch and Dave went to the exhibits
desk and was searching for a particular trial exhibit that he would use after the break in his cross
examination. The document was nowhere to be found. When Dave asked Mr. West where was
the described document Mr. West replied. "J've seen many documents during this trial I don't

know which documem you're talking about Dave." Dave went on

LO

describe the document and

M.r. West began to become irritated attesting that he didn't know anything abou( that document.

During the lunch break Dave explained which document it was and we discussed the exact
labeling of the exhibit, that being 7 of exhibit P3. Dave said to me "T bet that document will be
there when we get back from !unch," I asked him why and he said, "you'll see it will be there
when we retum." Sure enough, when we got back Spencer was the first one in the courtroom
and greeted Dave and me, telling us that he came back early and found the document. This
document specitkally referred to Leonard Screen being a Supervisor and. Team leader making

him exempt

Another aspect of the trial that baffled me in terms offoul play came when Mr. Remer, the
plaintiff's lawyer, was cro,>s-examining Marissa Marino. Mr. Remer asked if Marissa Marino cut

a deal with Dave Rudra and continued further

(0

ask ifshe had paid him any money and how

much. Now the only way Mr. Remer could have knowledge of any existing agreement that took
place several years ago between Marissa Marino and Dave Rudra would be ifhe was tipped off
by Mr. West who spoke with Marissa Marino just prior 10 coming to court. During the opening

of the trial witness selecrion, Mr Remer listed Marissa as a witness but objected to using her and
claimed to the judge he did nOl have her contact in/ormation . Dave paid the process server four
times to skip trace her then serve her at the last hour. The proces<; server also took the stand on
the second day of trial.
/

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/ _ ~ // (i:::.,~~.,Pnt-#:.A n/ /1 .I

/ ·Signa1.ure of Declarant
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/
.

.J C"' r1 r1 '
'v.). n (J.: r ~'(j I,,·
Name of Declarant

fe'"

.3 I" : ..
J
Date: )

'7 / ,)

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I

r1

IN WITNESS WHEREOF, the foregoing instrument was, sworn to (or affirmed),
subscribed and acknowledged before me this

J~V1f1. ted

Vt1V1 h-?Itt<Q(ev-

'2 q

day of March, 2012 b i ; , '
J

who has produced -Rorida

Dr IVel s LleeAse N

""lt~~, (~, f&iJ~S. L: s6'~,et 1/424135 identification and di~~~th~orid:
Notary Public.

.------·-- :
; :;..- ___~

~

~.
,....

NOTARY PUBLIC,

St~e

of Florida

le~v~ C:;~CP~

Notary Printed Name

My Commission Expires:

Lb