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IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA
CIVIL DIVISION
OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, STATE OF FLORIDA,
Plaintiff,
VS. Case No.: 51-2010-CA-2912-WS/G
BOTFLY L.L.C., DAVID R. LEWALSKI, JON I. HAMMILL, and JON J. HAMMILL, P.A.
Defendants.
AMENDED MOTION TO COMPEL HAMMILL TO RESPOND TO DISCOVERY AND COMPLY WITH COURT ORDER
Pursuant to Fla. R. Civ. P. 1.380(a)(2) and (4), Michael E. Moecker, as Receiver of
Botfly, LLC ("Badly"), David R. Lewalski ("Lewalski"), and Jon J. Hammill ("Hammill") and
all other entities operated, controlled or otherwise associated with the Defendants' activities, by
and through undersigned counsel, moves the Court to compel Hamlin to respond to
Interrogatories, Request for Production of Documents, and Request for Admissions served in
August 2010, and deposition questions regarding his involvement with Botfly and the services
performed by Jon J. Hammill, P.A. ("Ilammill PA") for Botfly, and to comply with this Court's
April 14, 2010 Amended Order Appointing Receiver. As grounds, the Receiver states:
INTRODUCTION
Throughout the proceedings, Hammill has asserted the privilege against self-
incrimination as the basis for his refusal to respond to discovery requests, questions posed during
depositions, and the Court's mandate that he provide financial information, surrender all assets in
his possession, transfer foreign assets, and cooperate with the Receiver's requests for
information. Hammill's claim of privilege, however, does not protect disclosure of such
information. Hammill's voluntary testimony submitted during the course of the litigation
constitutes a waiver as to the subject matter of the testimony. Accordingly, the Receiver requests
that the Court order Hammill to fully and completely respond to questions regarding his fmancial
condition, the financial condition of Hammill, PA, the nature and extent of his involvement in
the affairs of Botfly, and the nature and extent of the services performed by Hammill PA for
Botfly, notwithstanding that his answers might incriminate him. In addition, the Receiver seeks
the Court to compel Hammill to comply with this Court's April 1, 2010 Order Appointing
Receiver and require that he transfer foreign assets to the Court's jurisdiction, cooperate with the
Receiver's efforts to take possession of such assets, and surrender assets and documents to the
Receiver, and that he immediately surrender to the Receiver any assets in his possession that are
subject to terms of the Receivership Order including, but not limited to the Crown Collection
yellow gold Rolex watch purchased in March, 2010.
STATEMENT OF THE PROCEEDINGS
On April 1 2010, this Court entered the Order Appointing Receiver which required
Hammill to (1) provide the Receiver with a full accounting of all funds, documents, and assets
located outside of the United States; (2) cooperate fully with the Receiver and comply with the
Receiver's requests for information, records and documentation; (3) surrender all assets to the
Receiver, including personal property, without further order of the court; (4) surrender to the
Receiver records, documents and other papers, pertaining to his property; (5) transfer within the
State of Florida all funds, documents, and assets located outside of the United States which are
titled in his name (the "Foreign Assets"); (6) provide the Receiver and the Office of the
Attorney General access to all records of the Foreign Assets by signing any and all necessary
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forms to permit such access; and (7) make financial disclosures regarding the nature and source
of his income and assets. The Order was served on Hammill on April 6, 2010 and Hammill is
well-aware of its provisions.
Pursuant to the Order, the Receiver took possession of certain property that was in the
actual possession of Hammill including a On May 24, 2010, Hammill filed a motion requesting
that his attorneys' fees and living expenses be paid from the Receivership funds. See Exhibit A.
In the motion, Hammill made representations regarding his relationship with Botfly — he invested
in Botfly and in early 2009 was paid by Botfly for handling administrative duties that included
making payments from a Botfly bank account. Hammill also made representations as to his
financial condition and attached account statements for certain of his bank accounts. In support
of the motion, Hammill filed account statements for accounts at Wachovia, Grow Financial
Federal Credit Union, E*Trade Financial, and Bank of America. Notably, Hammill did not file
any information regarding an account at Deutsche Bank.' Hammill did not disclose his
ownership of a Crown Collection gold Rolex watch, purchased in March 2010 for $17,000.00.
See Exhibit J.
On June 10, 2010, the Receiver deposed Hammill. See Exhibit C. Hammill again
admitted that he was employed by Botfly but asserted his Fifth Amendment privilege in
connection with almost every question related to his role in Botfly, and his knowledge of its
assets, records, finances and business dealings. In particular, Hammill refused to testify as to the
nature of Botfly's business, his role with Botfly, his position or job description in connection
with his employment by Botfly, his authority to make and receive payment on the behalf of
1 Hammill, however, did produce an account statement from Deutsche Bank on August
23, 2010, in litigation in the U.S. Bankruptcy Court. See Exhibit B.
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Botfly, his knowledge of any Botfly investors, his solicitation of Botfly investors for money, his
receipt of money from any Botfly investors, his knowledge as to the location of Botfly records
and electronic data, the source of funds for deposits made to Botfly accounts; who maintained
the Botfly website, whether he prepared financial statements for Botfly, possessed corporate
records including computer records for Botfly, and the reason that Botfly made payments to Jon
J. Hamrnill, P.A.
In August, 2010, the Office of the Attorney General served written interrogatories, a
request for production of documents, and a request for admission directed to Hammill. In
response, Hammill asserted his Fifth Amendment privilege in connection with every
interrogatory request; every document production request except for requests for his federal
income tax returns and the federal and state income tax returns for Jon J. Hammill, P.A.; and
every request for admission other than 1 and 29. See Exhibits D, E and F. Notably, Hammill
again admitted that he worked for Botfly.
On June 1, 2011, Hammill was deposed again in the instant proceedings. See Exhibit G.
The deposition was taken in connection with Hammill's opposition to the Receiver's request to
sell certain motor vehicles and watercraft that were acquired by Hammill in 2009. In a marked
departure from his earlier statements, Harnmill denied employment by Botfly during 2009.
Hammill persisted in refusing to answer questions concerning his relationship to Botfly, services
he performed for Botfly, payments he received from Botfly, fmancial transactions he performed
for Botfly, and documents he signed for Botfly.
During the June 1 deposition, Harnmill admitted that he was the sole owner, sole
employee, and manager of Jon Hammill PA. and that it was the source of his income in 2009.
Hammill described Hammill PA.'s business as independent consulting, however, as to the nature
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of the consulting services that he performed for Hammill P.A., or the identity of its clients,
Hammill asserted his Fifth Amendment privilege.
Just nine days later, on June 10, 2011, Hammill filed his Affidavit in Support of
Response to Plaintiff's Motion for Summary Judgment (the "June 10 Affidavit") in which
disclaimed any authorization or control over the operation of Botfly and disclaimed any
knowledge of wrongdoing. See Exhibit H. In his Affidavit, Hammill stated that his work for
Hammill P.A. included substantial interactions with investors in Botfly. Hammill stated that he
responded to a majority of the phone calls made to Botfly, informed Botfly investors regarding
investment opportunities in Botfly, disseminated Botfly account statements, and paid
distributions to Botfly investors from Botfly's bank account.
MEMORANDUM OF LAW
Hammill was an account representative for Botfly, was authorized to incur obligations on
behalf of Botfly, received funds from investors, made payments to investors, solicited
investments in Botfly, made representations regarding the investments in Botfly, served as the
primary point of contact for investors, directed the creation of 1099's for investors and was
responsible for the creation of Botfly's website through which investors were provided account
statements reflecting false profits.
Paragraph 5 of the Order Appointing Receiver requires Hammill to cooperate fully with
the Receiver and comply with the Receiver's requests for information, records and
documentation so that Receiver may perform his duties with full information and knowledge.
Paragraph 6 of the Order requires Hammill to surrender to the Receiver all assets in his
possession, including, but not limited to, files, records, documents, monies, securities,
investments, automobiles, and all other property whether real, personal or mixed or previously
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belonging to Hanimi11, or which, in the case of records, documents and other papers, pertain to
property belonging now or previously to Hammill. Hammill has yet to surrender the Rolex
watch that was purchase on to the Receiver. To date Hammill has refused to cooperate with the
Receiver's requests for information on the claim of privilege against self-incrimination. In
addition, Hamrnill presently has possession and/or control of the Rolex watch and is obligated by
the clear terms of the Order to surrender it and all other assets that he obtained from funds
traceable to Botfly accounts to the Receiver.
Paragraph 19 of the Order requires, among other things, that Hammill transfer within the
State of Florida all foreign assets which are titled in his name, are held by any person or entity
for his benefit, or are under his direct or indirect control. Further paragraph 19(d) requires that
Hammill provide the Receiver and the Office of the Attorney General access to all records of the
Foreign Assets by signing any and all necessary forms to permit such access. Harmnill has failed
to transfer Foreign Assets to the State of Florida, provide the Receiver with records relating to
the Foreign Assets, and failed to grant the Receiver with access to the records of the Foreign
Assets by signing any and all necessary forms to pennit such access.
Hammill waived his privilege against self incrimination as to the details of facts
volunteered in the June 10 Affidavit. Therefore, he may not rely on its protection in as a basis
for refusing to answer questions relating to his role, responsibilities, and knowledge as an agent
of Botfly. The Court should compel him to respond to the interrogatories, requests for
admissions, and request for production of documents, and answer deposition questions regarding
the subject matter of the June 10 Affidavit.
Although the Fifth Amendment privilege applies to civil proceedings and may be relied
upon when a witness reasonably believes disclosure could be or lead to discovery of other
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evidence that could be used in a criminal prosecution, the privilege can be waived. The courts
determine the legitimacy and scope of a party's assertion of the privilege against self-
incrimination. See Hoffman v. United States, 341 U.S. 479, 486 (1951). When the privilege has
been waived, courts may compel disclosure of self-incriminating evidence. Id.
The Florida Supreme Court has long recognized that the privilege against self-
incrimination may be waived:
It seems to us that it is a just and correct rule that if a witness, with full knowledge of his rights, consents to testify about the very matter that may criminate him, without claiming his privilege, he must submit to a full, legitimate cross-examination in reference thereto. Otherwise a witness would have it in his power to make a partial statement of a matter to the detriment of one party, without any adequate means of relief.
Ex Parte Senior, 37 Fla 1, 22 (1896); see Brown v. United States, 356 U.S. 148, 156 (1958)
(Allowing a witness to offer only self-selected aspects of a particular subject and to assert the
fifth amendment when questioned about the details invites the witness to mutilate the truth.).
Accordingly, this Court can compel Hammill to answer any further questions on the subjects
covered in his testimony notwithstanding that the answers could be incriminating. See Mitchell
v. United States, 526 U.S. 314, 321 (1999); Rogers v. United States, 340 U.S. 367, 373 (1951).
"It is a just and reasonable requirement that a witness shall not be allowed, by an arbitrary use of
his privilege, to make a partial statement of facts, to the prejudice of either party to the suit. Ex
Parte Senior, 37 Fla. at 27.
When a witness gives voluntary testimony the witness waives the privilege for the
matters to which the witness testifies. Id.; see State v. Hickson, 630 So.2d, 630 So.2d 172 (Fla.
1993); Booker v. State, 397 So.2d 910, 914 ( Fla. 1981); Schlien v. Schlien, 763 So.2d 350 (Fla.
4th DCA 1998); Hargis v. Florida Real Estate Comm 'n, 174 So.2d419 (Fla. 2d DCA 1965);
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Brown, 356 U.S. at 154-155. The waiver extends to allow scrutiny of the initial testimony and
its scope is "determined by the scope of relevant cross-examination." Brown, 356 U.S. at 154-
155. Additionally, when the privilege is waived, it is also waived as to the production of
documents on the same subject matter. In re Donald Sheldon & Co., Inc., 93 F.Supp.2d 503,505
(S.D.N.Y. 200). Where a witness provides statements as to his finances in papers submitted to
the court, the witness is deemed to have waived his privilege on the same subject matter. Id.
An affidavit operates like any other testimonial statement — a witness's privilege is
waived by submitting an affidavit to the court as to any matters addressed in the affidavit. In re
Edmond, 934 F.2d 1304, 1308 (4 th Cir. 1991); see In re Shamsiev, 172 B.R. 144 (Bankr. ND Ga.
1994) (voluntary submission of an affidavit waived the Fifth Amendment privilege as to any
factual issue raised in the affidavit). A party may not seek to invoke the Fifth Amendment to
avoid discovery while offering an affidavit in support of its position on summery judgment.
Edmond, 934 F.2d at 1308.
Here, a key issue in this case is Hanimill's relationship to Botfly and the extent of his
involvement in and knowledge of its affairs. Hammill submitted the June 10 Affidavit in order
to support his opposition to the sale of assets while consciously seeking to limit the scope of his
disclosure. In the June 10 Affidavit, Hammill assets that he had no authorization or control over
the operation of Botfly and disclaimed any knowledge of wrongdoing. In consequence, the June
10 Affidavit waived the privilege with respect to his relationship with Botfly and other matters
relevant to the June 10 Affidavit.
Corporations, such as Jon J. Hammill, P.A., have no Fifth Amendment right to assert
against the production of documents or authentication of records. See Bellis v. United States,
417 U.S. 85 (1974); State v. Wellington Precious Metals, Inc., 510 So.2d 902 (Fla. 1987).
Further, Jon Hammill has no privilege against self-incrimination in the contents of Botfly's
voluntarily created business records. Wellington, 510 So.2d at 905 (quoting Bellis, 417 U.S. at
90, "since no artificial organization may utilize the personal privilege against compulsory self-
incrimination, . . . it follows that an individual acting in his official capacity on behalf of the
organization may likewise not take advantage of his personal privilege."). To allow a corporate
custodian of records to assert his personal Fifth Amendment privilege would frustrate the
legitimate governmental regulation of such artificial organizations. BeHis, 417 U.S. at 90. The
documents and financial information sought by the Receiver does not fit within the narrow
exception reserved for cases where the act of production itself would personally incriminate
Hammill. The Receiver does not seek these documents or this financial information merely to
authenticate them, to build a criminal case against Hammill personally, or to obtain incriminating
acknowledgement of Hammill's control over these documents or this information. See
Federated Institute for Patent and Trademark Registry v. State, 979 So.2d 1162, 1165 (Fla. 1st
DCA 2008). Instead, it is the contents of the documents that the Receiver is seeking. Neither
Hammill, on behalf of Hammill PA, nor Hammill PA itself can resist the disclosure and
production of such information by way of a Fifth Amendment privilege against self-
incrimination. See Delisi v. Smith, 423 So.2d 934, 940 (Fla. 2d DCA 1982) (holding that the
custodian of corporate records cannot object to their production on self-incrimination grounds
even when the corporation is a small or closely held business and the records custodian is an
officer, director, or partner who might be implicated in the criminal activity by virtue of the
contents of the records).
WHEREFORE, Receiver respectfully requests that this Court enter an order (1)
compelling Hammill to comply with the provisions of the Amended Order Appointing Receiver
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including providing the Receiver with a complete and accurate financial statement and
immediately delivering the watch described on Exhibit J to the Receiver, (2) compelling
Hammill to answer deposition questions regarding his involvement in and knowledge of the
activities in Botfly including questions related to the subjects listed on Exhibit I, (3) awarding
Receiver its reasonable attorney's fees and costs incurred as a result of having to reconvene the
deposition of Hammill, and (4) granting such other and further relief as this Court deems just and
proper.
Dated: Tampa, Florida July 28, 2011
BUSH ROSS, PA. Post Office Box 3913 Tampa, Florida 33601-3913 (813) 224-9255 (telephone) (813) 223-9620 (facsimile) Attorneys for the Receiver
B y: evext Jeffrey W. Warren Florida Bar No. 150024 jwarrengbushross.corn Karen Cox Florida Bar No. 456667 kcoxbushross.corn
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Amended Motion to
Compel Hammill to Respond to Discovery and Comply with Court Order has been delivered this
28 th day ofJuly, 2011 to the below named parties in the manner indicated below:
Via E-Mail and U.S. Mail Gregory S. Slemp, Esq. R. Scott Palmer, Esq, Nicholas J. Wei'hammer, Esq. PL-01: The Capitol Tallahassee, Florida 32399-1050
Via E-Mail and U.S. Mail Jon J. Hammill 6232 Fifth Avenue North St. Petersburg, FL 33710
Via E-Mail Gabriel Mazzeo, Esquire 285 Ocklawaha Circle Quincy FL 32351
Via U.S. Mail Inmate David Lewalski Pinellas County Jail Cell Location/Status: CEN-6C1-UN01-08-003 14400 49th St N Clearwater, FL 33762
Via E-Mail and U.S. Mail Steve D. Tran, Esq. 2285 First Avenue North, Suite A St. Petersburg, FL 33713
Ccc Karen Cox, Esq.
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IN THE CIIzmir COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA
CIVIL DIVISION
OFFICE OF 1HE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, STATE OF FLORIDA,
Plaintiff, Case No: 51-2010-CA-2912-WS/G
BOTELY, LLC, DAVID IL LEWALSKI, and JON J. HAMMILL,
Defendants.
MOTION FOR ORDER DIRECTING RECEIVER TO RELEASE FUNDS FOR REASONABLE LIV/NG EXPENSES AND ATTORNEYS FEES
Comes Now Defendant, Jon J. Harnmill, by and through his undersigned counsel, and
moves that the Order Appointing Receiver in this case and the Temporary Injunction be modified
to permit Mr. Hammill access to funds sufficient to pay his ordinary and reasonable living
expenses and an attorney's fee. In support of this motion Mr. Hammill alleges as follows:
1. On April 1, 2010, the Office of the Attorney General filed a complaint against Botfly,
ILC, David R. Lewalski, and Jon I. Hammill, alleging violations of the Florida Securities and
Investor Protection Act (RS. 517.011, et seq.), and the Florida Deceptive and Unfair Trade
Practices Act (ES. 501.201, et seq.)
2. Also on April 1, 2010, this Court issued a Temporary Injunction prohibiting Mr.
Hamill, individually or through any other person acting on his behalf, from "transferring,
conveying, encumbering, disposing of or otherwise alienating" his personal and business bank
accounts, his automobiles, and " personal property or real property" owned by him.
3. On the same date this Court entered an Order Appointing Receiver, pursuant to which
Michael E. Moecker was designated as receiver over Mr. Hammill, as a Defendant herein and,
rEXHIBIT
A____1
"all other entities operated, controlled, or otherwise associated with the Defendants'
activities...."
4. In conformity with the above Order the receiver hag taken possession and control
over all of Mr. Hammill's "assets," as defmed in the Order to include, in part, "files, records,
documents, monies, leases, mortgages, securities, investments, contracts, effects, lands,
agreements, judgments, bank accounts, books of accounts, records, rents, chooses in action [sic],
goods, automobiles, and all other property, whether real, personal or mixed...."
5, Mr, Hammill has effectively been placed in receivership by the Court's Order. As
such, it is incumbent an the Receiver to ensure for his well being and basic standard of living.
Indeed, the Receivership Order requires the Receiver to pay for the items requested herein. More
specifically, the Receivership Order requires the Receiver to;
a. "make payments and disbursements from Defendants' bank accounts, including rents, accounts payable, expenses, costs of merchandise or equipment, and payroll." (Order Appointing Receiver, Para. 4(b)).
b. "maintain appropriate insurance for Defendants, its premises, and/or its merchandise." (Order Appointing Receiver, Para. 4(e)).
c. "disburse regularly and punctually (to the extent available), all amounts hereafter due and payable as reasonable, necessary and proper operating expenses of the Receivership, subject to the terms of this Order." (Order Appointing Receiver, Para. 4(d)).
6. By virtue of the Temporary Injunction and Order Appointing Receiver Mr. Hammill
has been deprived of any and all access to and use of funds in his Wachovia accounts
($326,527.02) and ($4,656.39), his accounts at Gmw Financial Federal Credit Union ($5,000),
E-Trade Financial ($25,776.92), and Bank of America ($37, 740.55). (Copies of the foregoing
account statements are attached as composite Exhibit A.)
7. In addition Mr. Hammill's car and his boat haVe both been seized.
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8. The following is an estimated breakdown of Mr. Hammill's monthly expenses:
Rent $3,500 Car payment $580 Electric $220-$300 Water $70 Cable $138 Cell phone, and data card $185 Health Insurance $188 Food & personal supplies ' $400 Lawn maintenance $100
Total $5,463.00
9. In addition to the above, and although he no longer has the use of his automobile, Mr.
Hammill continues to pay insurance on it for $200 monthly.
10. Mr. Hamral has retained counsel and is responsible for fees incurred and to be
incurred.
11. As a result of the Temporary Injunction and the receivership Mr. Hanunill, who has
not yet had the opportunity to contest the validity of the allegations against him, has been left
completely without financial means to pay for his daily expenses.
12. Mr. Hammill was himself an alleged investor in Bat"ly, LLC before being hired as an
independent contractor to handle administrative duties for Mr. Lewalski in early 2009. Mr.
Hammill had no signatory authority over this account, did not receive monthly statements, and
had no control over distributions from the account. When Mr. Hamrnill was directed to make
payments for the benefit of Botfly, he was directed to issue checks from a separate account He
had no authority to remove funds from this, or any, bank account without the express
authorization of Mr. Lewalski. Mr. Hammitt was directed to withdraw money at Mr. Lewalsici's
direction.
13. All money received by Mr. Hammill from Botfly, was paid to him as salary.
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14. At no time did Mr. Hammill believe he was working for a Ponzi scheme. On the
contrary, it was Mr. Hammill's firm belief that Mr. Lewalski bad devised a highly successful
method of trading in foreign currencies.
15. The undersigned has communicated with the attorney for the Receiver, Karen Cox,
Esq. and Assistant Attorney General, George Slemp, Esq., requesting a modification of the
temporary injunction. Ms. Cox stated that the Receiver objects to this request. Mr. Slemp stated
that the Attorney General objects to the request.
INCORPORATED MEMORANDUM OF LAW
Granting a temporary injunction and creating a receivership are equitable powers inherent
in the Court and subject to the Court's discretionary authority to be exercised according to the
particular facts and circumstances of each case Welch v. Gray Mass Bondholders Corp., 128 Fla.
722, 175 So. 529 (1937); Harvey v. City of St. Petersburg, 138 Fla. 597, 189 So. 861(1939);
Bayview Homes Co. v. Sanders, 102 Fla. 516, 136 So. 234 (1931); Edenfield v. Crisp, 186 So. 2d
545 (Fla. DCA 2d 1966); Insurance Management Inc. v. McCleod, 194 So. 2d 16 (Fla. DCA 3d
1966). A receiver is an officer or agent of the appointing court which must supervise and
independently approve the receiver's factual and legal findings. Lehman v. Trust Co. of Amerka,
57 Fla. 473, 49 So. 502 (1909). From time to time the court may direct the receiver to take such
action as may be necessary for the protection of the interests concerned. Puma Enterprise Corp.
v. Vitale, 566 So.2d 1343 (Fla. DCA 3d 1990). In this respect a receivership is similar to an
injunctive order. Neither one should be broader than is necessary to secure the rights of the
injured party without injustice to the adversary. Florida Peach Orchards, Inc. v. State, 109 So.2d
796 (Fla. DCA 1 st 1966),
In the present case all of Mr. Hammill's assets were frozen by injunction and summarily
placed in receivership, effectively removing them from his control. This was accomplished
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without notice to him or a hearing. As a consequence, and without opportunity for his day in
court, Mr. Hammill has been placed in a position of inability to meet his ordinary daily living
expenses or pay his attorneys.
This Court is urged to exercise its equitable power by directing the receiver to release
sufficient funds to permit Mr. Hammill to pay his bills. Authorizing payment of living expenses
has been done routinely in similar cases. F.T.C. v. F.T.N. Promotions, Inc., 2008 WL 151888
(M.D. Fla.); United States v. Vennes, 2008 WL 4619716 (D. Minn.); United States v. Petters,
2008 WL 4572517 (D. Minn.); S.E.C. v. Pension Fund of America, LC, 2006 WL 1104768 (S.D.
Fla.); S.E.C. v. Recite, 10 F. 3d 1093 (5th Cir. 1993); Aviation Supply Corp. v. Aerospace,
Inc., 999 F.2d 314 (8th Cir. 1993); Omaha Indemnity Co. V. Wining, 949 Fid 235 (8th eir. 1991).
The same applies to payment of attorney's fees. S.E.C. v. Lauer, 445 F.Supp. 2d 1362, 1366
(S.D. Fla. 2006); S.E. C. v. Ducloud Gonzalez de Castilla, 170 F. Supp. 2d 427 (S.D.N.Y. 2001);
S.E.C. v. Daudell, 175 F.Supp. 2d 850, 855-56 (W.D. Va. 2001).
WHEREFORE based on the foregoing arguments and authorities Defendant fon I.
Hammill prays for an Order directing the receiver to release the sum of $5500 monthly for Mr.
Hammill's reasonable living.expenses and funds for a reasonable attorney's fee.
Respectfully submitted,
TODD FOSTE Florida Bar No.: 0325198 MICHAEL A. GOLD Florida Bar No.: 0071943 COHEN, FOSTER & ROM1NE, P.A. 201 E. Kennedy Boulevard, Suite 1000 Tampa, Florida 33602 Telephone: 813-225-1655 Facsimile: 813-225-1921 Attorneys for Defendant
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Was furnished
via U.S. Mail to: R. Scott Palmer, Special Counsel, and Gregory S. Slemp, ASsistant
Attorney General, Office of the Attorney General, PL-01, The Capitol, Tallahassee, Florida
32399; Karen Cox, Esquire, Bush Ross, 1801 N. Highland Avenue, Tampa, Florida 33602; and
David IL Lewalski, Individually and as Registered Agent of Botfly, LLC, 2515 SW 35 th
Place, Apartment 112, Gainesville, Florida 32608 on this 24 th day of May, 2010.
TODD FOS Florida Bar No.: 0325198 MICHAEL A. GOLD Florida Bar No.: 0071943 COHEN, FOSTER & ROMINE, P.A. 201 E. Kennedy Boulevard, Suite 1000 Tampa, Florida 33602 Telephone: 813-225-1655 Facsimile: 813-225-1921 Attorneys for Defendant
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In re:
JON J. HAMMILL,
Debtor
UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
Case No. 8:09-bk-2272-CPM
Chapter 7 DONALD F WALTON
United States Trustee for Region 21,
Plaintiff
V.
JON J. HAMMILL
Defendant Adv. Pro. No 8:10-888-ap-CPM
RESPONSE TO UNITED STATES TRUSTEE'S COMPLAINT
SEEKING REVOCATION OF THE DEBTOR'S DISCHARGE In response to the Allegations, Oaths and Omissions, Count I, Count 11 by number.
28. It was not listed that Jon J Hammill, PA's business had ended, last check received was in
2006, prior to Petition Date.
29 Jon J. HammiH, PA did not do business with Badly, LLC prior to Petition date, defendant
had a loan agreement which had been repaid.
30. There is an alleged complaint and possible criminal action pending in regards to Botfly,
LLC.
31. I was approached to work for Botfly, LLC after the Petition for Bankruptcy was filed.
32. My fifth amendment was invoked based an the alleged civil action and pending criminal
had requested to put off the examination until this action has been resolved, aslwill answer
all questions at that time.
36. There was no accounts receivable due for defendant or Jon J. Hammill, PA as of the
Petition date.
41. In 20071 earned more than $100,000 and did a cash out refinances to recoup money
that was spent on remodeling properties.
42. In 2008, my deposits included $83,000 in repayment of loan from Botfiy on the personal
side, and were shown on taxes minus invested amount.
43. In 2009, deposits are insignificant as most of It happened after the petition date.
48. Attached is the statement for Deutsche Bank at the time of filing the petition.
52. The deposits for 2007 and 2008 Included cash-out refinances of investment properties,
equity line of credit, rents collected, repayment of Botfly, LIC loan, and closing my 401k
account.
53 & 54. Boat was sold to Roy Kirchner, and he has since sold it for $9000.
62. The paperwork was originally filled out at the end of Dec 2008, and amended with a
change in employment before it was filed with the clerk. If there were documents missing it
was an honest oversight, and should have been requested if there was an issue prior to the
decision for discharge.
After my divorce in 2005 1 took the advice of successful people and started to invest in real
estate as it was known to be a "safe investment". After setting up an equity line on my primary
home, Ipurchased two houses that needed to be remodeled. I remodeled, and refinanced at
75% loan to value to help recoup some of the expenses for the remodel. As we all know, the
stock market crashed at the end of 2007, and !was working in the auto industry, and held my
real estate license. My income went from $120,000 in 2007 down to $50,000 in 2008. My
monthly payments were $7639 including mortgages, cars, boats, and credit cards. I spent my
entire savings over the next year trying to keep my credit score over 700 and take care of my
obligations. I found myself upside down in the property and unable to sell them, or one boat
owned. Everything else was liquidated to minimize my monthly payments. One of the houses
that I had on the market for $104,000 for a year, recently sold for $34,000.1 agonized over filing
for bankruptcy for 6 months, beforel felt I didn't have any other option.
I felt I was fortunate to have an opportunity to earn a good living after this, but never Imagined
the income that could be made. Now with the ongoing Investigation, it is questioned if
actually did earn the income by the OAG's office. The information that was requested pre
petition date was accurate at the date of filing. As a result of the current alleged charges the
Office of the Attorney General arid Receiver has used this as a fact finding mission, and many of
the questions that 1 was asked in the 2004 hearing are the same ones that were asked in my
depositions by the receiver and OAG's office, which I invoked my fifth amendment privilege.
What has happened post petition should be irrelevant to the bankruptcy case. These are two
different situations, and should be handled separately.
Wherefore the defendant respectfully requests that the court does not revoke the discharge.
Dated August 19, 2010
Respectfully submitted
Jon .1 Hammill
PO Box 530181
St Petersburg, FL 33747
Combined Account Statement
Deutsche Bank Combined Account Statement
Statement Period: from Oct 31, 2008 5:00:00 FM through Feb 10,2009 4:59:59 P14
Baer Name: Jon J. ltenmIll
Veldteh* Bank Winchester House I Great Winchester StMat tandem ECM 208United kingdom
Jon I. trammel 9821 Island Harbor Or Port Richey, Amide 34668 United StateS
Trade account Sr 5000002962 Created ab Nil 29, 2008 4:05:22 PM
Page 1 of 2
Status: Lod,..ed Base currener tIED
CLOSED TRADE LIST
Ticket * Symbol Volume I Crate Sold '; Bought ; Grass P/L
no data Found for the statement period
Comm i Rollover Net P/L Condition Created By
OUTSTANDING ORDERS
Order * Value Date Type Ticket Symbol Volume Oate B/S PriCe Market Price Created By
No data found for the statement Period
OREN/FLOATING Paso-Wray
Ticket S Symbol Volume Date Sok! Bought Floating P/L COmin Rollover Net P/L Condition Created By
No data Found for the statement perioa
ACCOUNT ACTIVITY
Time Posted - Code Description Account it Ticket * Amount Balance
No data found for the statement period
ACCOUNT SUMMARY
Beginning Balance 138.06
Comm Trading Commission 0.00
Rollover Rollover Fee 000
PIlL ProfitfLoss of Tracle 11.00
Depos Deposit 0.00
efithd Withdrawal 0.00
Oman Options Payout 0.00
Comm Options Commission 0.00
AdrelnFee Administrative Fee 0.00
Mngfee Management Fee 0.00
PerrFee Performance Fee 0 00
Veitl DePoSR Rollback 0.00
PSPComm ASP Commission 0.00
MargInterest Interest on Usable Ma ron 040
Ending Balance 136.00
Floating FYL 0.00
Equity 13e.os
N ecessary Margin 0.00
fl1e://C: UsersiJonlAppDatalLocal \TemplFxtsReportsTmp\ 2mprep0.btad 8/20/2010
Combined Account Statement Page 2 of 2
Usable Margin 138.0a
Pietas:
Au trades ere waned loth Deutsche Bank AG In the aver-the-counner market and settle by credit or debit to your dbFX account in the currency Odin acceunt in accordance web the Orevidrons cf clause 10 of the client agreement Deutricha Bank's FSA rife/elite number's 50016 Vaiva bons, Inducting Rein end Ina Ca/411MM are provided for lotermatlao purposes only end are intended Solely fOr year Aga. Although valuation represent Deutsche Wiles ntImate Of iSie current ecanomic value Of a trartmcdoo at the time Of Valuation based Wen rnid-market levet,. the valuations may also ledudeadJustineets to take account OG among other things, tramsdlon she and market iiquidity. These valuations are Indicstrve and neither represent the actual terms at which new transactions could be entered Into nor the actual terms& which existing inner:dons aedd be liquidated or unwound. Repute May tea reflect last trades or the most current valuations. A/I such information ts unaudited and subject In subsequent postings end anAaterterrls.
file://CAUsersUontAppDatalLocallTempnrtsReportsTnip\ imprepOltml 8/20/2010
EXHIBIT
06-10-10 - Deposition - Jon Hammill.txt 1
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA
2 CIVIL DIVISION
3
4 OFFICE OF THE ATTORNEY
5 GENERAL, DEPARTMENT OF LEGAL AFFAIRS, STATE OF FLORIDA,
6 Plaintiff,
7 No. 51-2010-CA-2912-WS/G VS.
8 BOTFLY L.L.C., DAVID R. LEWALSKI
9 AND JON J. HAMMILL,
10 Defendants.
11
12
13 DEPOSITION OF: 30N J. HAMILL
14 DATE: June 10, 2010
15 TIME: 2:06 p.m. to 4:04 p.m.
16 PLACE: 1801 North Highland Avenue Tampa, Florida 33602
17 PURSUANT TO: Notice by counsel for the
18 Receiver for purposes of Discovery, use at trial or
19 Such other purposes as are Permitted under the Florida
20 Rules of civil Procedure
21 REPORTED BY: Tdnya C. Need, CSR Notary Public, state of
22 Florida
23 Pages 1 - 62
24
25
1 APPEARANCES:
2 KAREN COX, ESQUIRE Bush, Ross, P.A.
3 1801 North Highland Avenue Tampa, Florida 33602
Page 1
06-10-10 - Deposition - Jon Hammill.txt 4 On Behalf of the Receiver, Michael moecker
5 GREGORY S. SLEMP, ESQUIRE office of the Attorney General
6 PL-01: The capitol Tallahassee, Florida 32399-1050
7 On Behalf of the Plaintiff, Office of the Attorney
a 9
10
11
General, Department of Legal Affairs, Florida
MICHAEL GOLD, ESQUIRE Cohen, Foster & Romine, P.A. 201 East Kennedy Boulevard, Suite 1000 Tampa, Florida 33602
On Behalf of the Defendant, Jon J. Hammill and Botfly
12 ALSO PRESENT:
13 MICHAEL MOECKER, RECEIVER
14 INDEX
15 DIRECT EXAMINATION BY MS. COX Page 4
16 CERTIFICATE OF OATH Page 60
17 REPORTER'S CERTIFICATE Page 61
18
19 ERRATA PAGE Page 62
20
21
22
23
24
25
1
2 Receiver's
EXHIBITS
Description Page
3 1 Order Appointing Receiver 4 2 Amended Order Appointing Receiver 10
4 3 Financial Statement for Jon Hammill 11 4 Financial Statement for Botfly LLC 12
5 5 Notice of Taking Deposition Duces Tecum 15 6 Residential Lease for Single Family 18
6 Home and Duplex 7 Wachovia Free checking Statement for 25
7 4/1/10 to 4/30/10 8 wachovia Account Summary for 2/25/10 28
8 To 3/26/10 Page 2
06-10-10 - Deposition - Jon Hammill.txt 9 Interest Checking Additions and 30
9 Subtractions from 3/18/10 to 4/16/10 10 Statement from Grow Financial from 33
10 2/1/10 to 2/28/10 11 E*Trade Statement from 4/1 to 4/30/10 34
11 12 check Dated 6/29/09 36 13 Composite of checks to Jon Hammill 37
12 14 Composite of Checks to Jon Hammill PA 37 15 Botfly LLC Promissory Note 42
13 16 E-mail from Jon Hammill to Clients 49 17 Letter from David Lewalski to All 50
14 Members 18 Email from Jon Hammill to Brad 50
15 whitehead Dated 12/13/09 Page 1 of 2 19 Open Letter To All Concerning Son of 51
16 C.W. Anderson from David Lewalski 20 Email from Jon Hammill to C.W. 51
17 Anderson, Jr. Dated 1/13/10 21 Temporary Injunction 53
18
19 ATTACHMENT S:
20 (Exhibits Shown Above)
21
22
23
24
25
1 PROCEEDINGS
2 JON J. HAMILL,
3 The witness herein, being first duly sworn
4 on oath, was examined and deposed as follows:
5 DIRECT EXAMINATION
6 BY MS. COX:
7 Q. Please tell us your name.
8 A. Jon Hamill.
9 Q. And as you probably recall, we represent --
10 Bush Ross represents the court-appointed receiver in
II this case, Michael moecker, who's here today. And I'm
12 going to ask you questions directed first at the
Page 3
06-10-10 - Deposition - Jon Hammill.txt
13 financial information disclosures that you were
14 required to provide to Mr. moecker by the receivership
15 order, the order appointing receiver. so, let me ask
16 you --
17 (Receiver's Exhibit one was marked for
18 identification.)
19 BY MS. cox:
20 Q. I'm going to show you what's been marked as
21 Exhibit one for the purposes of this depo. Do you
22 recognize that?
23 A. Yes.
24 Q. okay. And what do you recognize that to be?
25 A. order appointing receiver.
1 Q. And when is the first time that you saw that
2 document?
3 A. I invoke my Fifth Amendment right on the
4 grounds that it may incriminate me.
5 Q. Okay. Was that document served upon you?
6 A. I invoke my Fifth Amendment right on the
7 grounds that it may incriminate me.
8 Q. Have you ever read the provisions of that
9 document?
10 A. I invoke my Fifth Amendment right on the
11 grounds that it may incriminate me.
12 Q. Are you aware of what that -- the
13 information and the directives contain in that
14 document?
15 A. I invoke my Fifth Amendment rights on the
16 grounds that it may incriminate me.
17 Q. okay. Are you aware that pursuant to an Page 4
06-10-10 - Deposition - Jon Hammill.txt
18 order of Judge Stanley mills, you have been directed to
19 prepare and serve on the receiver a complete and
20 accurate corporate financial statement signed under the
21 penalty of perjury?
22 MR. GOLD: Mr. Hammill's been directed to a
23 corporate? He doesn't have the authority to
24 prepare a corporate financial statement.
25 MS. COx: I'm asking the question if he is
1 aware.
2 MR. GOLD: Object to the question but...
3 MS. COX: Okay.
4 THE WITNESS: I invoke my Fifth Amendment
5 right on the grounds that it may incriminate me.
6 BY MS. COX:
7 Q. Okay. If you could -- I'm going to direct
8 you -- again, this is Exhibit A, paragraph number 18.
9 I'm going to direct your attention to that paragraph,
10 and if you could read it to me?
11 MR. GOLD: GO ahead.
12 THE WITNESS: Financial statement. It is
13 further ordered that the within three business
14 days after service of this order, each defendant
15 shall prepare and serve to the receiver a complete
16 and accurate corporate financial statement signed
17 under the penalty of perjury on the form appended
18 to this order.
19 BY MS. COX:
20 Q. Okay. Now, let me ask you, have you ever
21 prepared a corporate financial statement for Botfly,
Page 5
06-10-10 - Deposition - Jon Hammill.txt
22 Botfly L.L.C.?
23 A. I invoke my Fifth Amendment rights on the
24 ground that it may incriminate me.
25 Q. Okay. And have you ever served a
1 financial -- corporate financial statement for Botfly
2 on the receiver?
3 A. I invoke my Fifth Amendment rights on the
4 grounds that it may incriminate me.
5 Q. Okay. what assets of Botfly are located
6 outside of the united states?
7 A. I plead -- I invoke my Fifth Amendment
8 rights on the grounds that the information may tend to
9 incriminate me.
10 Q. Do you Jon Hammill have any assets outside
11 the united States?
12 A. I plead the Fifth.
13 Q. Okay.
14 A. I invoke my Fifth Amendment rights on the
15 grounds it may incriminate me.
16 Q. Are you -- do you have an ownership interest
17 or control in any legal entity than owns assets outside
18 the united states?
19 A. I invoke my Fifth Amendment rights on the
20 grounds that the information may tend to incriminate
21 me.
22 Q. Does any person or entity that -- I'm sorry,
23 let me restate that.
24 Does any person or entity hold assets on
25 your behalf outside the United States?
Page 6
06-10-10 - Deposition - Jon Hammill.txt 8
1 A. I invoke my Fifth Amendment rights on the
2 grounds that it may tend to incriminate me.
3 Q. Does any person or entity hold assets in any
4 corporate entity that you own or have an interest in
5 outside the United states?
6 A. I invoke my Fifth Amendment rights on the
7 grounds it may tend to incriminate me.
8 Q. Okay. Do you have any documents relating to
9 Botfly's interest in or ownership of assets that are
10 located outside the united states?
11 A. I invoke my Fifth Amendment right on the
12 grounds that it may tend to incriminate me.
13 Q. Do you have any -- let me ask a more general
14 question. Do you have any corporate records for
15 Botfly?
16 A. I invoke my Fifth Amendment rights on the
17 grounds that it may tend to incriminate me.
18 Q. And with respect to corporate records -- let
19 me just break that down. DO you have any bank account
20 statements for Botfly?
21 A. I invoke my Fifth Amendment rights on the
22 grounds that it may tend to incriminate me.
23 Q. DO you have any internal computer records
24 for Botfly?
25 A. I invoke my Fifth Amendment rights on the
1 grounds that it may tend to incriminate me.
2 Q. DO you have any ledgers for Botfly?
3 A. I invoke my Fifth Amendment rights on the
Page 7
06-10-10 - Deposition - Jon Hammill.txt 4 grounds it may tend to incriminate me.
5 Q. DO you have any computer data relating to
6 the business operations of Botfly7
7 A. I invoke my Fifth Amendment rights on the
8 grounds it may tend to incriminate me.
9 Q. And do you have any information with respect
10 to where the corporate records of Botfly are located?
11 A. I invoke my Fifth Amendment rights on the
12 grounds it may tend to incriminate me.
13 Q. DO you have any information as to where any
14 computer or electronic data for Botfly is located?
15 A. I invoke my Fifth Amendment rights on the
16 grounds it may tend to incriminate me.
17 Q. Okay. As of today -- and today is
18 June 10th -- have you provided the receiver with any
19 financial information with respect to your financial
20 affairs, your, Jon Hammill, financial affairs?
21 A. I invoke my Fifth Amendment rights on the
22 grounds it may tend to incriminate me.
23 Q. And as of today's date, June 10th, have you
24 provided the receiver with any information with respect
25 to the financial affairs of Botfly?
1 A. I invoke my Fifth Amendment right on the
2 grounds it may tend to incriminate me.
3 Q. Okay. And by the way, if you need to take a
4 break, just let me know, because I know you may get
5 tired of saying "I invoke my Fifth Amendment right"
6 after a while, so i am more than willing to take any
7 kind of break you want.
8 MR. SLEMP: There was also an amended order. Page 8
06-10-10 - Deposition - Jon Hammill.txt
9 MS. COX: Yeah, I know. I'm going to get to
10 that. Actually, that makes sense, that should be
11 number two. Okay.
12 (Receiver's Exhibit two was marked for
13 identification.)
14 BY MS. COX:
15 Q. I'm going to show you what's been marked as
16 Exhibit Number two. Do you recognize that exhibit?
17 A. I invoke my Fifth Amendment right on the
18 grounds it may tend to incriminate me.
19 Q. okay. And can you read what the exhibit is?
20 A. Amended Order Appointing Receiver.
21 Q. Has -- have you received a copy of that
22 order?
23 A. I invoke my Fifth Amendment right on the
24 grounds that it may tend to incriminate me.
25 Q. Have the contents of that order been made
1 known to you?
2
A. I invoke my Fifth Amendment rights on the
3 grounds that it may tend to incriminate me.
4 Q. okay.
5 (Receiver's Exhibit three was marked for
6 identification.)
7 BY MS. COX:
8 Q. NOW, I'm going to show you what's been
9 marked as Exhibit Number three. DO yOu recognize that?
10 A. I invoke my Fifth Amendment rights on the
11 grounds it may tend to incriminate me.
12 Q. Okay. And can you identify that, read the
Page 9
06-10-10 - Deposition - Jon Hammill.txt
13 title of what it is?
14 A. Financial Statement for Jon J. Hammill.
15 Q. Have you ever received a copy of that form?
16 A. I invoke my Fifth Amendment rights on the
17 grounds that it may tend to incriminate me.
18 Q. Have you ever provided the information
19 requested in that form to the receiver.or to the
20 attorney general?
21 A. I invoke my Fifth Amendment rights on the
22 grounds that it may tend to incriminate me.
23 Q. Now, the second page -- let me -- I'm sorry,
24 the third page of the form, if you can read from what
25 the documents that are supposed to be provided or read
1 what the "please attach"?
2 A. Please attach copies of the following: A,
3 your last pay stub; B, the last three statements for
4 each personal or business bank, savings, credit union,
5 or other financial accounts; C, all personal and
6 business motor vehicle registrations and titles; D, any
7 deeds or titles to any real or personal property that
8 you directly or indirectly own or are buying, or leases
9 to property you directly or indirectly are renting; E,
10 personal or business financial statements, loan
11 applications, or lists of assets and liabilities
12 submitted to any person or entity within the last
13 three years; F, your last three filed income tax
14 returns and all schedules thereto.
15 Q. Have you -- do you have any of those
16 documents with you today?
17 A. I plead the -- I'm going to invoke my Fifth Page 10
06-10-10 - Deposition - Jon Hammill.txt
18 Amendment rights on the grounds it may tend to
19 incriminate me.
20 Q. And have you provided any of those documents
21 to the receiver in this case?
22 A. I invoke my Fifth Amendment rights on the
23 grounds it may tend to incriminate me.
24 (Receiver's Exhibit four was marked for
25 identification.)
1 BY MS. COX:
2 Q. I'm going to show you what's been marked as
3 Exhibit Number four. And actually, for the record,
4 Exhibits three and four were actually taken from
5 Exhibit two, they were appended to Exhibit two, the
6 amended order, but just to make it clearer for the
7 purposes of questioning, I pulled them off.
8 For Exhibit Number four, do you recognize
9 that?
10 A. I invoke my Fifth Amendment rights on the
11 grounds it may tend to incriminate me.
12 Q. Okay can you read the title of it for me?
13 A. Financial statement for Hotfly L.L.C.
14 Q. okay. And have you prepared responses to
15 the information requested in the financial statement
16 for Botfly L.L.C.?
17 A . I invoke my Fifth Amendment rights on the
18 grounds it may tend to incriminate me.
19 Q. okay. And with respect to the second page
20 of this document with the "please attach copies of the
21 following," can you read for us the documents requested
Page 11
06-10-10 - Deposition - Jon Hammill.txt 22 there?
23 A. One, copies of state and federal income tax
24 returns for the past three years. Number two, all
25 bank, savings and loan, and other account books and
1 statements for accounts in institutions in which the
2 entity had any legal or equitable interest for the past
3 three years; three, all cancelled checks for the
4 12 months immediately preceding the service date of
5 this Face Information Sheet for accounts in which the
6 entity held any legal or equitable interest; four, all
7 deeds, leases, mortgages, or other written instruments
8 evidencing any interest in or ownership of real
9 property at any time within the 12 months immediately
10 preceding the date this lawsuit was filed; five, bills
11 of sale or other written evidence of the gift, sale,
12 purchase, or other transfer of any personal or real
13 property to or from the entity within the 12 months
14 immediately preceding the date this lawsuit was filed;
15 six, motor vehicle or vessel documents, including
16 titles and registrations relating to any motor vehicles
17 or vessels owned by the entity alone or with others;
18 seven, financial statements as to the entity's assets,
19 liabilities, and owner's equity prepared within the
20 12 months immediately preceding the service date of
21 this Fact Information Sheet; eight, minutes of all
22 meetings of the entity's members, partners,
23 shareholder, or board of directors within two years of
24 the service date of this Fact Information Sheet; nine,
25 resolutions of the entity's members, partners,
Page 12
06-10-10 - Deposition - Jon Hammill.txt 0 15
1 shareholders, or board of directors passed within
2 two years of the service date of this Fact Information
3 Sheet. That's it.
4 Q. okay. And do you have possession of any of
5 those documents? And that's for Botfly L.L.C.
6 A. I invoke my Fifth Amendment rights on the
7 grounds it may tend to incriminate me.
8 Q. Do you have any of those documents with you
9 here today?
10 A. I invoke my Fifth Amendment rights on the
11 grounds that it may tend to incriminate me.
12 Q. And have you provided copies of those
13 documents to either the receiver or the attorney
14 general's office?
15 A. I invoke my Fifth Amendment rights on the
16 grounds it may tend to incriminate me.
17 Q. Okay. Let me show you what I'm marking as
18 Exhibit Number five.
19 (Receiver's Exhibit five was marked for
20 identification.)
21 BY S. cox:
22 Q. Do you recognize this?
23 A. Yes.
24 Q. okay. And what is that?
25 A. Notice of Taking Deposition Duces Tecum.
1 Q. Okay. And attached to the notice is an
2 Exhibit A, and I'm not going to ask you to read it, but
3 have you seen this, Exhibit A?
Page 13
06-10-10 - Deposition - Jon Hammill.txt 4 A. Yes.
5 Q. Okay. And on Exhibit A, there's numbered
6 paragraphs one through 13 relating to documents to be
7 produced pursuant to the deposition. Do you have any
8 of those documents in your possession?
9 MR. GOLD: And before he answers, we just
10 want to put on the record our objection to those
11 requests. Those are broad, especially as to time,
12 and so I want that on the record; we do object to
13 the request from that standpoint.
14 Now you may invoke.
15 THE WITNESS: I invoke my Fifth Amendment
16 rights on the grounds it may tend to incriminate
17 me.
18 MS. COx: And what did I ask?
19 (Record read.)
20 By MS. cox;
21 Q. Okay. Did you bring any of those documents
22 on Exhibit A to the subpoena -- for the Notice of
23 Deposition with you today?
24 A. I invoke my Fifth Amendment rights on the
25 grounds it may tend to incriminate me.
1 Q. And have you previously provided any of
2 those documents to either the receiver or the attorney
3 general's office?
4
A. I invoke my Fifth Amendment rights on the
5 grounds it may tend to incriminate me.
6 Q. Okay. Where are you currently living?
7 A. 2684 70th Avenue South, St. Petersburg,
8 Florida. Page 14
06-10-10 - Deposition - Jon Hammill.txt
9 O. And do you own that location?
10 A. No.
11 Q. Who owns it?
12 A. Smiley Homes, I believe.
13 Q. Smiley Homes?
14 A. Yes.
15 Q. Is it -- how is it that you're living in
16 that location?
17 A. I rent.
18 Q. okay. Do you have a written lease?
19 A. Yes.
20 Q. who is that written lease with?
21 A. Smiley Homes.
22 Q. And that's s-M-I-L-E?
23 A. Y.
24 Q. s-m-I-L-E-Y; yeah, you're right.
25 Okay. And for the record, I've been handed
1 a copy of a residential lease for a single-family home
2 and duplex by Mr. Gold.
3 who's the landlord? I'm looking at the
4 signature line and I'm having a hard time reading it.
5 Who signed for the landlord, let me put it that way?
6 A. Eric, and I don't know his last name, I'd
7 have to look it up.
8 Q. And according to this -- I'm going to mark
9 it just so we have it in the record. I'm going to mark
10 what's just been handed to me by Mr. Gold as
11 Exhibit six.
12 (Receiver's Exhibit six was marked for
Page 15
06-10-10 - Deposition - Jon Hammill.txt
13 identification.)
14 BY MS. COX:
15 Q. And according to this residential lease, you
16 took occupancy -- or this lease is for a term beginning
17 August 1st, 2009; is that correct?
18 A. Yes.
19 Q. when did you first begin occupying that
20 location?
21 A. August 1st.
22 Q. okay. you didn't move in before?
23 okay. And who lives at that location?
24 A. ido.
25 Q. Anybody else?
1 A. No.
2 Q. Okay. And prior to moving into this
3 location, where did you reside?
4 A. 9821 Island Harbor Drive, Port Richey,
5 Florida.
6 Q. And who owned that location?
7 A. I did.
8 Q. Do you still own that location?
9 A. No.
10 Q. What happened? Did you sell it?
11 A. I invoke my Fifth Amendment rights on the
12 grounds it may tend to incriminate me.
13 Q. DO you continue to have any interest in --
14 ownership interest in 9821 Island Harbor Drive, that
15 property?
16 A. I invoke my Fifth Amendment rights on the
17 grounds it may incriminate me. Page 16
06-10-10 - Deposition - Jon Hammill.txt
18 Q. Other than that -- the Island Harbor Drive
19 address, have you owned any other properties --
20 MR. GOLD: Object to the form.
21 BY MS. cox:
22 Q. -- real estate? Any other real estate?
23 A. Have 1?
24 Q. Yes.
25 A. Yes, I have.
1 Q. Okay. And can you identify those for me by
2 address?
3 A. 3229 Wellington, Holiday, Florida.
4 Q. Okay.
A. And 5706 Quist Drive, Port Richey, Florida.
6 Q. Quist?
7 A. QUiSt.
8 Q. Q-U-I-S-T?
9 A. Yes.
10 Q. Okay. with respect to the wellington Drive
11 address, when did you own that?
12 A. I invoke my Fifth Amendment rights on the
13 grounds it may tend to incriminate me.
14 Q. DO you still own it?
15 A. I invoke my Fifth Amendment rights on the
16 grounds it may tend to incriminate me.
17 Q. Is it -- what type of -- is it a home? Is
18 it a commercial property? Is it a single-family
19 dwelling? what kind of property is it is what I'm
20 trying to ask?
21 A. It's a single-family residence.
Page 17
06-10-10 - Deposition - Jon Hammill.txt
22 Q. All right. And as to Quist Drive in New
23 Port Richey, when did you first own that property?
24 A. I invoke my Fifth Amendment rights on the
25 grounds it may tend to incriminate me.
1 Q. And do you still own that property?
2 A. I invoke my Fifth Amendment rights on the
3 grounds it may tend to incriminate me.
4 MR. GOLD: Let me back up as to the
ownership issue. i think he can answer these
6 questions, it's a matter of public records, so
7 don't know if he knows the answer, but if you want
8 to go back to the dates he bought and sold
9 property, I think we'll remove the privilege,
10 because there's really no privilege to that
11 question.
12 mS. COx: Okay.
13 MR. GOLD: I'm just trying to be careful
14 more than anything else.
15 ms. cox: okay.
16 MR. GOLD: So you may want to --
17 BY MS. COX:
18 Q. Yeah, let's go back to the Island Harbor
19 Drive. when did you first own it? when did you
20 purchase it or come into have an ownership interest?
21 A. October of 2000.
22 Q. And when did you cease having ownership
23 interest in it?
24 A. when my bankruptcy was discharged, filed, I
25 guess, February or March of '09.
Page 18
06-10-10 - Deposition - Jon Hammill.txt 22
1 Q. February or march of '09, is that the filed
2 or discharge date?
3 A. I honestly don't remember. I'd have to look
4 at the documents.
5 Q. okay. But as a result of a bankruptcy
6 filing in 2009, you lost your interest in that
7 property?
8 A. correct.
9 Q. And you lived there, right? That's the one
10 you lived in?
11 A. Yes.
12 Q. okay. And what happened there? Did it just
13 go back to the bank because there was less equity then?
14 A. I invoke my Fifth Amendment rights on the
15 grounds it may tend to incriminate me.
16 Q. okay. Then with respect to the Wellington
17 Drive address, when did you first begin having
18 ownership interest there?
19 A. Wellington, I think it was 2005.
20 Q. Okay. And you said it was a single-family
21 dwelling, right?
22 A. YeS.
23 Q. Did you ever live there?
24 A. Yes.
25 Q. And when did you live there; from when to
1 when?
2 A. 2005 until my divorce was final in 2006.
3 Q. And when did you cease having ownership
Page 19
06-10-10 - Deposition - Jon Hammill.txt
4 interest in that address?
5 A. when i filed the bankruptcy.
6 Q. Okay. And the Quist Drive, when did you
7 have -- when did you get an ownership interest in that
8 address?
9 A. 2007, I believe.
10 Q. Did I ask you what kind of residence and
11 what kind of location is that?
12 A. It's a single-family residence.
13 Q. Did you ever live at that address?
14 A. No.
15 Q. And did you -- what happened -- when did you
16 cease having ownership in that address?
17 A. Bankruptcy.
18 Q. Who lived in the Quist Drive address?
19 A. Renters.
20 Q. For the whole term from 2007 to 2009, you
21 had it as a rental property?
22 A. Yes.
23 Q. okay. And the Wellington address, when you
24 got divorced, I think you said in 2006, from 2006 until
25 2009, who lived in that location?
1 A. Renters.
2 Q. And with respect to the Island Harbor Drive,
3 you lived there -- when did you stop living there?
4 don't think i asked you that question.
5 A. August 1st.
6 Q. Okay. Okay. Now, let me ask you this,
7 think I'm just confused myself. On the Island Harbor
8 Drive, did you live there from october of 2000 until Page 20
06-10-10 - Deposition - Jon Hammill.txt
9 August 1st of 2009, when you leased this home from
10 Smiley Homes; is that right?
11 A. Except for the time when i was divorced and
12 my ex-wife was living in the house.
13 Q. Okay. So there was a period of time where
14 you didn't live there and your wife lived there, or --
15 A. yes.
16 Q. -- your ex-wife? Was she your ex-wife then
17 or your wife?
18 A. She was my wife at that time, that's why she
19 was still living there. Then once she became my ex,
20 she moved out.
21 Q. Okay. And that's when you lived in
22 wellington; is that right? That period of time, that's
23 your wellington Drive --
24 A. Yes.
25 Q. Okay. All right. what bank accounts do you
1 have right now? With what banking institutions do you
2 have bank accounts with?
3 A. I invoke my Fifth Amendment rights on the
4 grounds it may incriminate me.
5 Q. What is Jon Hamill, P.A.?
6 A. I invoke my Fifth Amendment rights on the
7 grounds it may tend to incriminate me.
8 Q. Do you have any ownership interest in Jon
9 Hammill P.A.?
10 A. I invoke my Fifth Amendment rights on the
11 grounds it may tend to incriminate me.
12 Q. Are you a member of Jon Hammill, P.A.?
Page 21
06-10-10 - Deposition - Jon Hammill.txt
13 A. I invoke my Fifth Amendment right on the
14 grounds it may tend to incriminate me.
15 Q. I think we're up to number seven.
16 MR. GOLD: )(es.
17 Ms. coX: okay. And I'm going to mark --
18 oops.
19 (Receiver's Exhibit seven was marked for
20 identification.)
21 BY MS. COX:
22 Q. I'm going to show you what's been marked as
23 Exhibit seven for the purposes of this deposition. And
24 it also has a little sticker that says Exhibit A,
25 because it was an exhibit to the court file.
1 okay. DO you recognize that document?
2 A. ves.
3 Q. What do you recognize that to be?
4 A. A statement from wachovia.
5 Q. Actually, let me take it back real quick,
6 because I only gave you two of the three pages, so let
7 me attach the third page.
8 MR. GOLD: It's not accurate.
9 MS. COX: It's not?
10 MR. GOLD: This IS to that item.
11 MS. COx: Oh, okay. get the stapler
12 and let you guys sort it out.
13 MR. GOLD: Right, this is a different
14 account.
15 MS. COX: They're different accounts. Okay.
16 So Exhibit Number seven -- we're going to get this
17 all sorted out. Page 22
06-10-10 - Deposition - Jon Hammill.txt
18 Exhibit Number seven, then, is a one-page
19 document; is that correct?
20 THE WITNESS: Yes.
21 BY MS. COX:
22 Q. And it relates to an account owned by Jon J.
23 Hamill, P.A. and Jon Hammill; is that correct?
24 A. Correct.
25 Q. And is this Jon Hammill you?
1 A. Yes.
2 Q. Okay. And this record reflects a deposit on
3 April 1st of this year of $163,284.50; is that correct?
4 A. Yes.
5 Q. what was the source of the funds of that
6 deposit?
7 A. I invoke my Fifth Amendment rights on the
8 grounds it may tend to incriminate me.
9 Q. Was that deposit made on the behalf of Jon
10 Hammill or on the behalf of Jon J. Hammill, P.A.?
11 A. I invoke my Fifth Amendment rights on the
12 grounds it may tend to incriminate me.
13 Q. Is Jon J. Hammill, P.A. a -- an active
14 Florida corporation?
15 A. Yes.
16 Q. How many members do you have?
17 A. I invoke my Fifth Amendment rights on the
18 grounds it may tend to incriminate me.
19 Q. With respect to the Wachovia account that's
20 the subject of Exhibit Number seven, who are the
21 authorized signers on this account?
Page 23
06-10-10 - Deposition - Jon Hammill.txt
22 A. I invoke my Fifth Amendment rights on the
23 grounds it may tend to incriminate me.
24 Q. And with respect to the same account,
25 Exhibit Number seven, when was that account first
1 opened?
2 A. I invoke my Fifth Amendment rights on the
3 grounds it may tend to incriminate me.
4 (Receiver's Exhibit eight was marked for
5 identification.)
6 BY MS. cox:
7 Q. okay. Now, I'm going to show you what's
8 been marked as Exhibit Number eight. Do you recognize
9 that?
10 A. Yes.
11 Q. And what do you recognize that to be?
12 A. A checking account statement.
13 Q. okay. And is that also Wachovia?
14 A. Yes.
15 Q. And the Jon Hammill on this checking
16 account, is that you?
17 A. Yes.
18 Q. The account, this statement is from
19 2-25-2010 through 3-26-2010. Is this account still in
20 existence at Wachovia?
21 A. I honestly don't know.
22 Q. okay. Did you close this account?
23 A. No.
24 Q. And the -- this record reflects no activity
25 in -- it's a checking account, but it doesn't reflect
Page 24
06-10-10 - Deposition - Jon Hammill.txt 29
1 any activity in the month of -- well, the time period
2 from February 25th to March 26th7
3 mR. GOLD: object; that's inaccurate.
4 MS. COX: It is?
5 MR. GOLD: Sure. They're not the same
6 number, closing and opening, so there was some
7 activity.
8 MS. COX: I think it is the same number.
9 MR. GOLD: Is it?
10 MS. COX: Yeah.
11 MR. GOLD: I'm sorry, you are correct.
12 thought that was an "8" on top.
13 BY MS. COX:
14 Q. All right. Since March 26th, 2010, have you
15 received another statement for this account, this
16 account that's the subject of Exhibit Number eight?
17 A. I invoke my Fifth Amendment rights on the
18 grounds it may tend to incriminate me.
19 Q. Since march 26th, 2010, have you made any
20 withdrawals from this account or caused any money to be
21 removed from this account?
•22 A. I invoke my Fifth Amendment rights on the
23 grounds it may tend to incriminate me.
24 MR. GOLD: Are we going to ask him questions
25 that you know the answer to, requiring him to
1
continue to plead the Fifth?
2
MS. COX: What do you mean?
3
MR. GOLD: I mean, you seized this account,
Page 25
06-10-10 - Deposition - Jon Hammill.txt
4 so -- you seized this account, you seized that
5 account.
6 ms. cox: I actually don't have records for
7 this account.
8 MR. GOLD: Well, I understand, but you
9 subpoenaed them, they're coming, so here it is
10 right here, the number shows up right here.
11 ms. cox: Okay.
12 MR. GOLD: You know, it's your prerogative,
13 but it just seems we're asking him questions about
14 documents that you subpoenaed and you're going to
15 get. Now, if you want to ask him like you asked
16 him about that deposit, I understand, but that's a
17 different animal.
18 Go ahead, you do it your way.
19 ms. COX: we don't have the records that
20 he's supposed to provide us, so the problem is I'm
21 sitting here with no records.
22 MR. GOLD: Okay.
23 (Receiver's Exhibit nine was marked for
24 identification.)
25 BY MS. COX:
31
1 Q. I'm going to show you, then, what's been
2 marked as Exhibit Number nine. Let me just look real
3 quick.
4 okay. All right. DO you recognize this?
5 A. Another checking account.
6 Q. And what's the financial institution that
7 that account is held at?
8 A. Bank of America. Page 26
06-10-10 - Deposition - Jon Nammill.txt
9 Q. And Exhibit Number nine is -- I'm sorry, let
10 me just borrow it real quick. It is one page, which is
11 page two of four. Where are pages one, three, and
12 four?
13 A. I don't know where you got the document
14 so...
15 Q. So you don't know; is that the answer?
16 A. I don't know.
17 Q. Well, do you have a complete statement for
18 that account for the month of August 18th, 2010,
19 through April 16th, 2010?
20 A. I invoke my Fifth Amendment right on the
21 grounds it may tend to incriminate me.
22 Q. And is the -- okay. The account holder
23 appears to be Jon J. Hamill. That's what that
24 appears, if that's what that legend means. Is this an
25 account that is your account? Is that your account?
1 A. yes.
2 Q. And who's the authorized signature on that
3 account?
4 A. I invoke my Fifth Amendment rights on the
5 grounds it may tend to incriminate me.
6 Q. Okay. Who deposited money into this
7 account? And this account, I'm talking about the Bank
8 of America account, number nine?
9 A. I invoke my Fifth Amendment right on the
10 grounds it may tend to incriminate me.
Q. What was the source of the funds that were
12 deposited into this account? And again, Exhibit Number
Page 27
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13 nine, the Bank of America account.
14 A. I invoke my Fifth Amendment rights on the
15 grounds it may tend to incriminate me.
16 Q. Okay. I'm going to go back to Exhibit
17 Number eight, the Wachovia free checking account. Who
18 deposited funds into this account?
19 A. I invoke my Fifth Amendment rights on the
20 grounds it may tend to incriminate me.
21 Q. what was the source of the funds for the
22 account, for the money in this account?
23 A. I invoke my Fifth Amendment rights on the
24 grounds it may tend to incriminate me.
25 Q. Okay. And back to Exhibit Number seven, the
1 wachovia free business checking account, who deposited
2 funds into this account?
3 A. I invoke my Fifth Amendment rights on the
4 grounds it may tend to incriminate me.
5 Q. And what was the source of the funds for the
6 deposits made in this account?
7 A. i invoke my Fifth Amendment rights on the
8 grounds it may tend to incriminate me.
9 Q. Okay.
10 (Receiver's Exhibit ten was marked for
11 identification.)
12 BY MS. COX:
13 Q. I want to show you what's been marked as
14 Exhibit Number five.
15 MR. GOLD: Ten.
16 MS. COX: You're right, it is ten.
17 All right. Number ten. DO you recognize Page 28
06-10-10 - Deposition - Jon Hammill.txt
18 this?
19 THE WITNESS: Yes.
20 BY mS. COX:
21 Q. And what do you recognize that to be?
22 A. A statement from Growth Financial Credit
23 Union.
24 Q. And is that for your account?
25 A. Yes.
1 Q. Okay. When was this account first opened?
2 A. I invoke my Fifth Amendment rights on the
3 grounds it may tend to incriminate me.
4 Q. who deposited funds in That account?
5 A. I invoke my Fifth Amendment rights on the
6 grounds it may tend to incriminate me.
7 Q. And what is the source of the funds
8 deposited in that account?
9 A. I invoke my Fifth Amendment rights on the
10 grounds it may tend to incriminate me.
11 Q. okay. Number 11, I'm going to show you what
12 we're marking as Exhibit Number 11.
13 (Receiver's Exhibit 11 was marked for
14 identification.)
15 BY MS. coX:
16 Q. DO you recognize this?
17 A. Yes.
18 Q. And what do you recognize that to be?
19 A. Account summary of my ETrade account.
20 Q. okay. when was that account first opened?
21 A. I invoke my Fifth Amendment rights on the
Page 29
06-10-10 - Deposition - Jon Hammill.txt
22 grounds it may tend to incriminate me.
23 Q. And are there any owners of this account
24 other than you?
25 A. I invoke my Fifth Amendment rights on the
1 grounds it may tend to incriminate me.
2 Q. And what was the source of the deposits made
3 into this account?
4 A. I invoke my Fifth Amendment rights on the
5 grounds it may tend to incriminate me.
6 Q. okay. what is your role with Botfly L.L.c.?
7 A. I invoke my Fifth Amendment rights on the
8 grounds it may tend to incriminate me.
9 Q. Have you ever invested in Botfly L.L.c.?
10 A. I invoke my Fifth Amendment rights on the
11 grounds that it may tend to incriminate me.
12 Q. Have you ever been employed by Botfly
13 L.L.C.?
14 A. I invoke my Fifth Amendment rights on the
15 grounds it may tend to incriminate me.
16 Q. Have you ever had the authority to make
17 payments on behalf of Botfly L.L.c.?
18 A. I invoke my Fifth Amendment rights on the
19 grounds it may tend to incriminate me.
20 Q. Have you ever had the authority to withdraw
21 money from financial institutions on behalf of Botfly
22 L.L.C.?
23 A. I invoke my Fifth Amendment rights on the
24 grounds it may tend to incriminate me.
25 Q. Have you received payments from Botfly
Page 30
06-10-16 - Deposition - Jon Hammill.txt 36
1 L.L.C. as salary?
2 A. L invoke my Fifth Amendment rights on the
3 grounds it may tend to incriminate me.
4 Q. when did you first receive payment, any
5 funds from Botfly L.L.c.?
6 A. I invoke my Fifth Amendment right in the
7 event that it may tend to incriminate me.
8 Q. Okay. Who is Joel Hamill?
9 A. Joel?
10 Q. Joel Hammill.
11 A. my brother.
12 Q. Okay. where does he live?
13 A. Minnesota.
14 Q. okay. Is he an investor in Botfly L.L.C.?
15 A. I invoke my Fifth Amendment rights on the
16 grounds it may tend to incriminate me.
17 (Receiver's Exhibit 12 was marked for
18 identification.)
19 BY MS. COX:
20 Q. okay. I'm going to show you what's been
21 marked as Exhibit Number 12. Do you recognize that?
22 A. I invoke my Fifth Amendment rights on the
23 grounds it may tend to incriminate me.
24 Q. okay. And can you tell me the reason for
25 that payment?
1 A. I invoke my Fifth Amendment rights on the
2 grounds it may tend to incriminate me.
3 Q. okay. I'm going to try to speed things up
Page 31
06-10-10 - Deposition - Jon Hammill.txt
4 by making a composite.
5 (Brief pause.)
6 BY MS. cox:
7 Q. Okay. I'm going to show you what I'm
8 marking as Exhibit Number 13, which is a composite of
9 several checks.
10 (Receiver's Exhibit 13 was marked for
11 identification.)
12 BY MS. COX:
13 Q. And ask if you recognize those checks?
14 A. I invoke my Fifth Amendment rights on the
15 grounds it may tend to incriminate me.
16 Q. okay. one moment.
17 (Receiver's Exhibit 14 was marked for
18 identification.)
19 BY MS. COX:
20 Q. Let me show you what's been marked as
21 composite Exhibit 14, which is a series of checks, and
22 ask if you recognize those checks?
23 A. I invoke my Fifth Amendment rights on the
24 grounds it may tend to incriminate me.
25 Q. Michael, can I borrow Number 13 for a
1 minute?
2 MR. GOLD: I didn't mean to slam it down
3 like that.
4 MS. COX: That's all right.
5 Q. With respect to Exhibit Number 13, the very
6 first page I'll direct your attention to. This exhibit
7 has the front and the back of a check, and there's a
8 signature on the back of the check. DO you recognize Page 32
06-10-10 - Deposition - Jon Hammill.txt
9 that signature?
10 A. I invoke my Fifth Amendment rights on the
11 grounds it may tend to incriminate me.
12 Q. Okay. And there's a sig- -- the check
13 itself bears a signature on each line that says
14 "authorized signature." Do you recognize that
15 signature?
16 A. I invoke my Fifth Amendment rights on the
17 grounds it may tend to incriminate me.
18 Q. On or about July 14th, 2008, were you paid
19 $3,500 from Botfly L.L.C.?
20 A. I invoke my Fifth Amendment rights on the
21 grounds it may tend to incriminate me.
22 Q. On or about July 25th, 2008, were you paid
23 $15,000 from Botfly L.L.C.?
24 A. I invoke my Fifth Amendment rights on the
25 grounds it may tend to incriminate me.
1 Q. on or about August 6th, 2008, did you
2 receive $13,000 from Botfly L.L.c.?
3 A. I invoke my Fifth Amendment rights on the
4 grounds it may tend to incriminate me.
Q. On or about August 25th, 2008, did you
6 receive $20,000 from Botfly L.L.c.?
7 A. I invoke my Fifth Amendment rights on the
8 grounds it may tend to incriminate me.
9 Q. Okay. On or about september 9th, 2008, did
10 you receive $4,000 from Botfly L.L.C.?
11 A. I invoke my Fifth Amendment rights on the
12 grounds it may tend to incriminate me.
Page 33
06-10-10 - Deposition - Jon Hammill.txt
13 Q. On or about September 9th, 2008, did you
14 receive $5,000 from Botfly L.L.C.?
15 A. I invoke my Fifth Amendment rights on the
16 grounds it may tend to incriminate me.
17 Q. on or about September 25th, 2008, did you
18 receive $18,000 from Botfly L.L.C.?
19 A. I invoke my Fifth Amendment rights on the
20 grounds it may tend to incriminate me.
21 Q. And on or about November 24th, 2008, did you
22 receive $5,000 from Botfly L.L.C.?
23 A. I invoke my Fifth Amendment rights on the
24 grounds it may tend to incriminate me.
25 Q. on or about November 2nd, 2008, did you
1 receive $10,000 from Botfly L.L.C.?
2 A. I invoke my Fifth Amendment rights on the
3 grounds it may tend to incriminate me.
4 Q. And on or about December 29th, 2008, did you
5 receive $10,000 from Botfly L.L.C.?
6 A. I invoke my Fifth Amendment rights on the
7 grounds it may tend to incriminate me.
8 Q. NOW, with respect to Exhibit Number 14, I'm
9 just going to direct your attention to the first page
10 of this document. And the first page is a copy of a
11 check and the back of a check. Do you recognize the
12 signature that appears on the back side of the check?
13 A. I invoke my Fifth Amendment rights on the
14 grounds it may tend to incriminate me.
15 Q. And do you recognize the signature that
16 appears on the signature line of the check?
17 A. I invoke my Fifth Amendment rights on the Page 34
06-10-10 - Deposition - Jon Hammill.txt
18 grounds it may tend to incriminate me.
19 Q. On February 1st, 2009, did Jon Hamill, P.A.
20 receive $10,000 on or about --
21 A. I invoke my Fifth Amendment rights on the
22 grounds it may tend to incriminate me.
23 Q. Let's back up because my sentence got
24 screwed up.
25 On or about February 1st, 2009, did Jon
1 Hamill, P.A. receive $10,000 from Botfly L.L.C.?
2 MR. GOLD: objection; asked and answered.
3 MS. COX: i didn't ask the question, though.
4 MR. GOLD: Yeah, you did.
5 THE WITNESS: I invoke my Fifth Amendment
6 rights on the grounds it may tend to incriminate
7 me.
8 BY MS. COX:
9 Q. If I ask you questions, further questions
10 about payments made by Botfly to Jon Hammill, P.A.,
11 will you admit or deny whether or not the payments were
12 received?
13 MR. GOLD: object to the form.
14 BY MS. COX:
15 Q. Let me ask you this: Did Jon Hammill, P.A.
16 ever receive payment from Botfly L.L.c.?
17 A. I invoke my Fifth Amendment rights on the
18 grounds it may tend to incriminate me.
19 Q. What goods or services did Jon Hammill, P.A.
20 provide to Botfly L.L.C.?
21 A. I invoke my Fifth Amendment rights on the
Page 35
06-10-10 - Deposition - Jon Hammill.txt
22 grounds it may tend to incriminate me.
23 Q. Beginning in February of 2009, did Jon
24 Hammill, as opposed to Jon Hammill, P.A. receive any
25 money from Botfly L.L.C.?
1 A. i invoke my Fifth Amendment right on the
2 grounds it may tend to incriminate me.
3 Q. In total, how much money has Botfly L.L.C.
4 paid to Jon Hammill?
5 A. i invoke my Fifth Amendment rights on the
6 grounds it may tend to incriminate me.
7 Q. And in total, how much money has Botfly
8 L.L.C. paid to Jon Hammill, P.A.?
9 A. I invoke my Fifth Amendment rights on the
10 grounds it may tend to incriminate me.
11 Q. Okay. what is your understanding of what
12 Botfly L.L.C. did?
13 A. I invoke my Fifth Amendment rights on the
14 grounds that it may tend to incriminate me.
15 Q. when is the last time that either Jon
16 Hammill or Jon Hammill, P.A. received money from Botfly
17 L.L.c.?
18 A. I invoke my Fifth Amendment rights in the
19 event that it may tend to incriminate me.
20 Q. okay.
21 MR. GOLD: 15.
22 MS. COX: Thank you.
23 (Receiver's Exhibit 15 was marked for
24 identification.)
25 BY MS. COX:
Page 36
06-10-10 - Deposition - Jon Hammill.txt 0 43
1 Q. I'm going to show you what's been marked as
2 Exhibit Number 15 and ask if you recognize this?
3 A. I invoke my Fifth Amendment rights in the
4 event it may tend to incriminate me.
5 Q. Okay. And I'm going to show you on the
6 second page of Exhibit Number 15, there's an authorized
7 representative line for signature and an authorized
8 representative initial. Do you recognize either what
9 appears on the signature line or what appears on the
10 i ni ti al 1 i ne?
11 A. I invoke my Fifth Amendment rights on the
12 grounds it may tend to incriminate me.
13 Q. Okay. Do you know any investors in Botfly
14 L.L.C.?
15 A. I invoke my Fifth Amendment right in the
16 event it may tend to incriminate me.
17 Q. Have any of your family members invested in
18 Botfly L.L.C.?
19 A. I invoke my Fifth Amendment right on the
20 grounds it may tend to incriminate me.
21 Q. Are you currently employed?
22 A. I don't know how to answer that. Yes, I
23 believe so.
24 Q. Okay. Who is your employer?
25 A. Botfly L.L.C.
1 Q. Okay. And do you have a salary?
2 A. I invoke my Fifth Amendment on the grounds
3 it may tend to incriminate me.
Page 37
06-10-10 - Deposition - Jon Hammill.txt 4 Q. Okay. What is your position or job
5 description with Botfly L.L.C.?
6 A. I invoke my Fifth Amendment rights on the
7 grounds it may tend to incriminate me.
8 Q. Other than Botfly L.L.C., do you have any
9 other employer?
10 MR. GOLD: NOW, the problem we have here is
11 the question of the definition of what you mean by
12 "employer." And the fact is when he answered he's
13 an employee of Botfly, that's probably inaccurate.
14 MR. SLEMP: I'm just going to jump in and
15 object to Counsel trying to characterize the
16 defendant's answers to the questions.
17 MR. GOLD: Okay.
18 THE WITNESS: I am employed by Jon J.
19 Hammill --
20 MR. GOLD: Invoke.
21 THE WITNESS: I'll invoke my Fifth Amendment
22 rights on the grounds it may tend to incriminate
23 me.
24 BY MS. COX:
25 Q. Okay. Just SO I'm clear, the last question
1 was: Are you employed by anybody else, right? was
2 that your understanding of what you just invoked on?
3 MR. GOLD: Yes.
4 THE WITNESS: Yes.
5 BY MS. COX:
6 Q. Okay. All right. What are the sources of
7 income for you? What are your sources of income?
8 MR. GOLD: Object to the form. Page 38
06-10-10 - Deposition - Rut Hammill.txt
9 Do you have a time frame for that question
10 or --
11 BY MS. COX:
12 Q. Presently, right now.
13 MR. GOLD: You can answer.
14 THE WITNESS: I don't have any.
15 BY MS. COX:
16 Q. No investment income?
17 A. No.
18 Q. And no employment income?
19 A. No.
20 Q. And no income from loans or gifts?
21 A. No.
22 Q. okay. when is the last time that you had
23 income from employment?
24 A. I invoke my Fifth Amendment rights on the
25 grounds it may tend to incriminate me.
1 Q. Do you own any motor vehicles?
2 MR. GOLD: Object.to the form.
3 THE WITNESS: I invoke my Fifth Amendment
4 rights on the grounds it may tend to incriminate
5 me.
6 BY MS. COx:
7 Q. Are you in possession of any motor vehicle?
8 A. I invoke my Fifth Amendment rights on the
9 grounds it may tend to incriminate me.
10 Q. Do you know Tom Stead, or Steed, I'm not
11 sure how you pronounce it, S-T-E-A-D?
12 A. I invoke my Fifth Amendment rights on the
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13 grounds it may tend to incriminate me.
14 Q. Do you know Patricia -- I'm going to say
15 it's stead. Do you know her?
16 A. I invoke my Fifth Amendment rights on the
17 grounds it may tend to incriminate me.
18 Q. Are you familiar with Fairway Golf Carts?
19 A. I invoke my Fifth Amendment rights on the
20 grounds it may tend to incriminate me.
21 Q. Do you know -- well, hang on. Let's take a
22 break to figure that question out. Let's take a short
23 break.
24 (Break taken.)
25 BY MS. CoX:
1 Q. Do you know David Broker?
2 A. I invoke my Fifth Amendment right to the
3 answer --
4 Q. I'm sorry, I should have asked if you were
5 ready to start, and now i see you're on your PDA.
6 We'll wait until your ready.
7 Okay. Do you know mark Lewalksi?
8 A. I invoke my Fifth Amendment right on the
9 grounds the answer may tend to incriminate me.
10 Q. Do you know John Valentina?
11 A. I invoke my Fifth Amendment rights on the
12 grounds the answer may tend to incriminate me.
13 Q. Do you know Gordon Braun?
14 A. I invoke my Fifth Amendment rights on the
15 grounds the answer may tend to incriminate me.
16 Q. Do you know David Lewalski?
17 A. I invoke my Fifth Amendment rights on the Page 40
06-10-10 - Deposition - Jon Hammill.txt
18 grounds that the answer may tend to incriminate me.
19 Q. Do you know Melinda Colbeth?
20 A. I invoke my Fifth Amendment rights on the
21 grounds the answer may tend to incriminate me.
22 Q. DO you know the current location for David
23 Lewalski?
24 A. I invoke my Fifth Amendment right on the
25 grounds the answer may tend to incriminate me.
1 Q. when is the last time that you've
2 communicated with David Lewalski?
3 A. I invoke my Fifth Amendment rights on the
4 grounds the answer may tend to incriminate me.
5 Q. When is the last time that mr. Lewalski has
6 had any contact, David Lewalski, has had any contact
7 with you?
8 A. I invoke my Fifth Amendment right on the
9 grounds the answer may tend to incriminate me.
10 Q. Do you know where Mr. Lewalski keeps his
11 bicycles?
12 A. r invoke my Fifth Amendment right on the
13 grounds the answer may tend to incriminate me.
14 Q. Have you ever seen any of Mr. Lewalski
15 bicycles?
16 A. I invoke my Fifth Amendment right on the
17 grounds the answer may tend to incriminate me.
18 Q. Have you ever been to Brick City Bicycles?
19 A. I invoke my Fifth Amendment right on the
20 grounds the answer may tend to incriminate me.
21 Q. Do you know -- do you know of an entity
Page 41
06-10-10 - Deposition - Jon Hammill.txt 22 named M & N Ventures?
23 A. I invoke my Fifth Amendment right on the
24 grounds the answer may tend to incriminate me.
25 Q. Do you know of an entity named as Limerock
1 Road?
2 A. I invoke my Fifth Amendment right on the
3 grounds the answer may tend to incriminate me.
4 Q. Have you ever been to Limerock Road?
5 A. I invoke my Fifth Amendment right an the
6 grounds the answer may tend to incriminate me.
7 Q. Since April 1st of 2010, this year, have you
8 had any communications with investors of Botfly?
9 A. I invoke my Fifth Amendment right on the
10 grounds the answer may tend to incriminate me.
11 (Receiver's Exhibit 16 was marked for
12 identification.)
13 BY MS. COX:
14 Q. I'll show you what's been marked as Exhibit
15 Number 16 and ask if you recognize this document.
16 A. I invoke my Fifth Amendment right on the
17 grounds the answer may tend to incriminate me.
18 Q. Okay. DO you know Terry Keller?
19 A. I invoke my Fifth Amendment right on the
20 grounds the answer may tend to incriminate me.
21 Q. With respect to Exhibit Number 16, did you
22 compose this e-mail?
23 A. I invoke my Fifth Amendment right on the
24 grounds the answer may tend to incriminate me.
25 ///
Page 42
06-10-10 - Deposition - Jon Hammill.txt 0 50
1 (Receiver's Exhibit 17 was marked for
2 identification.)
3 BY Ms. COx:
4 Q. Okay. I'm going to show you what's been
5 marked as Exhibit Number 17. Have you seen this
6 document?
7 A. I invoke my Fifth Amendment right on the
8 grounds the answer may tend to incriminate me.
9 (Receiver's Exhibit 18 was marked for
10 identification.)
11 BY MS. COX:
12 Q. I'm going to show you Exhibit Number 18 and
13 ask if you recognize this document?
14 A. i invoke my Fifth Amendment right on the
15 grounds the answer may tend to incriminate me.
16 Q. Do you have access to a database containing
17 the e-mail addresses for investors in Botfly?
18 A. I invoke my Fifth Amendment right on the
19 grounds the answer may tend to incriminate me.
20 Q. Do you know whether a database that contains
21 e-mail addresses or other contact information for
22 investors of Botfly exists?
23 A. I invoke my Fifth Amendment right on the
24 grounds the answer may tend to incriminate me.
25 Q. Okay.
1 (Receiver's Exhibit 19 was marked for
2 identification.)
3 BY MS. COX!
Page 43
06-10-10 - Deposition - Jon Hammill.txt
4 Q. And I'm going to show you what's been marked
5 as Exhibit Number 19.
6 Do you recognize this document?
7 A. I invoke my Fifth Amendment right on the
8 grounds the answer may tend to incriminate me.
9 Q. Who maintained the Botfly website or like
10 web address?
11 A. i invoke my Fifth Amendment rights on the
12 grounds the answer may tend to incriminate me.
13 (Receiver's Exhibit 20 was marked for
14 identification.)
15 BY MS. coX:
16 Q. Let me show you what's been marked as
17 Exhibit Number 20.
18 DO you recognize this?
19 A. I invoke my Fifth Amendment right on the
20 grounds the answer may tend to incriminate me.
21 Q. All right. Did -- what is your e-mail
22 address?
23 A. I invoke my Fifth Amendment right on the
24 grounds the answer may tend to incriminate me.
25 Q. All right. What e-mail addresses have you
1 used?
2 A. I invoke my Fifth Amendment right on the
3 grounds the answer may tend to incriminate me.
4 Q. Have you had any -- when's the last time you
5 had contact with Melissa colbeth? Is it Melissa or
6 Melinda?
7
MR. sLEMP: Melinda.
8
ms. cox: melinda Colbeth? Page 44
06-10-10 - Deposition - Jon Hammill.txt
9 THE WITNESS: I invoke my Fifth Amendment
10 rights on the grounds the answer may tend to
11 incriminate me.
12 BY MS. COX:
13 Q. And do you know Melinda colbeth's present
14 whereabouts?
15 A. I invoke my Fifth Amendment right on the
16 grounds the answer may tend to incriminate me.
17 MR. GOLD: Did you say Colburt or Col- --
18 MS. COX: Colbeth.
19 MR. GOLD: Colbeth.
20 MS. COX: I think it's C-O-L-B-E-T-H. Is
21 that right? Yeah, that's right.
22 MR. GOLD: Thank you.
23 BY MS. COx:
24 Q. Let me go back. okay.
25 ///
1 (Receiver's Exhibit 21 was marked for
2 identification.)
3 BY MS. COX:
4 Q. Showing you what's been marked as Exhibit
5 Number 21, do you recognize that?
6 A. I invoke my Fifth Amendment right on the
7 grounds the answer may tend to incriminate me.
8 Q. Can you read it and tell me what the title
9 of it is?
10 A. Temporary injunction.
11 Q. Okay. And has -- have you ever been made
12 aware of the entry of a temporary injunction in the
Page 45
06-10-10 - Deposition - Jon Hammill.txt 13 matter of Office of the Attorney General, Department of
14 Legal Affairs, state of Florida versus Botfly L.L.C.,
15 David Lewalski, and Jon J. Hammill?
16 A. I invoke my Fifth Amendment right in the
17 event the answer may tend to incriminate me.
18 Q. Okay. And with respect to the document,
19 it's Exhibit Number, is it 21?
20 MR. GOLD: 21.
21 BY MS. COX;
22 Q. okay. Have you ever been made aware of the
23 provisions of that document?
24 A. I invoke my Fifth Amendment right in the
25 event the answer may tend to incriminate me.
1 Q. Let me ask you, with respect to page number
2 three, paragraph number one of document number 21
3 order, the freezing of assets of Botfly L.L.C., David
4 Lewalski, and Jon J. Hammill. Are you aware that the
5 court has ordered that relief?
6 A. I invoke my Fifth Amendment right on the
7 grounds that the answer may tend to incriminate me.
8 Q. Okay. And paragraph number four orders that
9 the defendants, Botfly L.L.C., David Lewalski, and Jon
10 J. Hammill, individually or through their spouses,
11 trustees, agents, employees, or other persons, are
12 enjoined from receiving directly or indirectly any
13 money, property, or accounts from any investors or
14 lenders until further order of the court.
15 Are you aware that the court has entered
16 such relief in this case or entered an order making
17 such injunction? Page 46
06-10-10 - Deposition - Jon Hammill.txt
18 A. I invoke my Fifth Amendment right on the
19 grounds that the answer may tend to incriminate me.
20 Q. Have you received any money from investors
21 in the Botfly L.L.C.?
22 A. I invoke my Fifth Amendment right on the
23 grounds the answer may tend to incriminate me.
24 Q. Have you received any money from lenders to
25 Botfly L.L.C.?
1 A. I invoke my Fifth Amendment right on the
2 grounds the answer may tend to incriminate me.
3 Q. Have you contacted any investors or lenders
4 for Botfly L.L.C. and asked for money?
5 A. I invoke my Fifth Amendment right on the
6 grounds the answer may tend to incriminate me.
7 Q. And let me ask it -- let me make it more
8 specific.
9 Have you asked -- have you contacted any
10 investors or lenders to Botfly L.L.C. and asked for
11 money for yourself, for Jon Hamill?
12 A. I invoke my Fifth Amendment right on the
13 grounds the answer may tend to incriminate me.
14 Q. And then have you asked -- contacted any
15 investors or lenders and asked for money on behalf of
16 Botfly?
17 A. I invoke my Fifth Amendment right on the
18 grounds the answer may tend to incriminate me.
19 Q. And have you had anybody contact investors
20 or lenders to Botfly L.L.C. --
21 A. I invoke my Fifth Amendment right on the
Page 47
06-10-10 - Deposition - Jon Hammill.txt 22 grounds the answer may tend to incriminate me.
23 Q. I didn't finish the question.
24 A. I'm sorry.
25 Q. No, that's okay. Have you had anyone on
1 your behalf contact investors and lenders to Botfly
2 L.L.C. and request that they give you money or lend you
3 money?
4 A. I invoke my Fifth Amendment right on the
5 grounds the answer may tend to incriminate me.
6 Q. Okay. And have you -- and I got confused.
7 Was the last one Botfly or his behalf?
8 (Record read.)
9 BY MS. COX:
10 Q. All right. Have you asked anybody on
11 Botfly's behalf, any investors or lenders to Botfly,
12 that on Botfly's behalf, they transfer or lend money to
13 Botfly?
14 A. I invoke my Fifth Amendment right on the
15 grounds that the answers may tend to incriminate me
16 Q. Okay. And have you retained a lawyer to
17 represent you in this matter?
18 A. I invoke my Fifth Amendment right on the
19 grounds the answer may tend to incriminate me.
20 Q. Has anybody retained a lawyer on your behalf
21 to represent you in this matter?
22 A. I invoke my Fifth Amendment right on the
23 grounds the answer may tend to incriminate me.
24 Q. Do you know Todd Foster?
25 A. Yes.
Page 48
06-10-10 - Deposition - Jon Hammill.txt 57
1 Q. When did you meet Todd Foster?
2 MR. GOLD: I object; privileged.
3 BY MS. COX:
4 Q. Okay. So when did you first -- my question,
5 just so we're clear, when did you first meet Todd
6 Foster?
7 And you can object.
8 MR. GOLD: I object to the question;
9 privileged, instruct him not to answer.
10 BY MS. COX:
11 Q. Okay. Has -- one moment.
12 (Brief pause.)
13 BY MS. cox:
14 Q. Has Cohen, Foster & Romine, P.A. been paid
15 anything to represent you or Botfly L.L.C.?
16 A. I invoke my Fifth Amendment right on the
17 grounds the answer may tend to incriminate me.
18 Q. Do you know whether Cohen, Foster & Romine,
19 P.A. has been paid anything to represent you or Botfly
20 L.L.C.?
21 A. I invoke my Fifth Amendment right on the
22 grounds that the answer may tend to incriminate me.
23 Q. Okay. HOw are you paying your rent
24 currently?
25 A. I invoke my Fifth Amendment right on the
1 grounds the answer may tend to incriminate me.
2 Q. When is the last time that you paid rent to
3 Smiley Homes for your house, or the house you're
Page 49
06-10-10 - Deposition - Jon Hammill.txt 4 occupying?
5 A. I invoke my Fifth Amendment right on the
6 grounds the answer may tend to incriminate me.
7 Q. Okay. Anything else?
8 MR. MOECKER: DO I have anything else?
9 ms. COX: Yes.
10 MR. MOECKER: No.
11 MS. COX: All right. okay. well, obviously
12 we're going to have to go in front of the court,
13 because I don't think that there's a lot of room
14 here for him not having Fifth Amendment privilege,
15 so I'm going to conclude now, get a transcript,
16 and we'll go forward with court to see what the
17 judge thinks is and isn't privileged.
18 MR. GOLD: okay. i mean, do you want to
19 discuss that first?
20 MS. cox: sure, we can discuss it.
21 MR. GOLD: Is it your position that --
22 Ms. cox: oh, sure. Yeah, absolutely we can
23 discuss it. I mean, the documents, none of those
24 are privileged. Business records aren't
25 privileged.
1 MR. GOLD: And it's not absolutely that his
2 production is privileged -- and we don't need this
3 on the record anymore. I do want on the record we
4 will read beforehand, and we also want a copy of
5 the exhibits.
6 (Thereupon, the proceedings adjourned on the
7 same date at 4:04 p.m.)
8 Page 50
06-10-10 - Deposition - Jon Hammill.txt
9
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ii 60
1 CERTIFICATE OF OATH
2
3 STATE OF FLORIDA
4 COUNTY OF HILLSBOROUGH
5
6 I, the undersigned authority, certify that
7 30N 3. HAMILL personally appeared before me and was
8 duly sworn.
9
10 WITNESS my hand and official seal this 10th
11 day of June, 2010.
12
Page 51
06-10-10 - Deposition - ion Hammill.txt 13
14
15
16 Tanya Negd
17 Notary Public - State of Florida
18 My Commission Expires: 8/26/10
19 Commission No.: DD 583353
20
21
22
23
24
25
1 REPORTER'S CERTIFICATE
2
3 STATE OF FLORIDA
4 COUNTY OF HILLSBOROUGH
5
6 I, Tanya Negd, certify that I was authorized
7 to and did stenographically report the deposition of JON J. HAMMILL; that a review of the transcript was
8 requested and that the transcript is a true and complete record of my stenographic notes.
9 further certify that I am not a relative,
10 employee, attorney, or counsel of any of the parties, nor am I a relative or employee of any of the parties'
11 attorney or counsel connected with the action, nor am I financially interested in the outcome of the foregoing
12 action.
13 Dated this 17th day of June, 2010, IN THE CITY OF TAMPA, COUNTY OF HILLSBOROUGH, STATE OF
14 FLORIDA.
15
16
17 Page 52
06-10-10 - Deposition - Jon Hammill.txt TONYA NEGD
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IJ 62
1 PLEASE ATTACH TO THE DEPOSITION OF JON J. HAMMILL TAKEN ON JUNE 10, 2010 IN THE CASE OF OFFICE OF THE ATTORNEY
2 GENERAL, DEPARTMENT OF LEGAL AFFAIRS, STATE OF FLORIDA VS. BOTFLY L.L.C., DAVID R. LEWALSKI AND JON J. HAMMILL
3 PAGE LINE CORRECTION AND REASON THEREFOR
4
5
6
7
8
9
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11
12
13
14
15
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17
18
19
20
21 I HAVE READ THE FOREGOING PAGES AND, EXCEPT FOR ANY CORRECTIONS OR AMENDMENTS INDICATED ABOVE, I HEREBY
Page 53
06-10-10 - Deposition - Jon Hammill.txt 22 SUBSCRIBE TO THE ACCURACY OF THIS TRANSCRIPT.
23 JON J. HAMMILL DATE
24
25 WITNESS TO SIGNATURE DATE
0
Page 54
-
IN TEE CIRCUIT COURT OF TEE SIXTH JTJDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA
OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, STATE OF FLORIDA,
VS. CASE NO. 51-2010-CA-2912-WS/O
BOTFLY L.L.C., DAVID R. LEWALSKI, JON J. HAMMILL, and SON S. HAMMILL, P.A.,
Defendants.
PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT JON J. IIAMMILL
Plaintiff Office of the Attorney Genera], Department of Legal Affairs, State of Florida, by
and through its undersigned attorneys, pursuant to Rule 1.340, Florida Rules of Civil Procedure,
hereby propounds the following First Set of Interrogatories to Defendant Jon J. Hammill (the
"Interrogaiories") to be answered within thhty (30) days from the date of service hereof.
DEFINITIONS
1. ' "You" .and 'your" refer to the Defenclattt Jon J. Hammill and his agents and his
representatives and any other persons acting, or purporting to act on his behalf:
2. "Person" means any natural person; public or private corporation, whether or not
organized for profit; governmental entity; partnership; association; cooperative; joint venture;
sole proprietorship; or other legal entity. With respect to a business entity, 'person" includes any
EXHIBIT
I
natural person acting formally or informally as an employee, officer, agent, attorney or other
repreientative of the business entity.
3. "Documents" as used in these Interrogatories is defined as data or infomiation in
any tangible form, including but not limited to the original and any non-identical copy (which is
different from the original because of notations on such copies or otherwise) of all
correspondence, telegrams, teletype messages; faxes, contracts (including drafts, proposals and
any and all exhibits thnreto), draft minutes and agendas,, memoranda (including white papers,
white papers, inter- and intra- office memoranda, memoranda for file, pencil jottings, diary
entries, desk calendar entries, reported recollections, and any other written form of notation of
events or intentions), transcripts and recordings of conversations and telephone calls, books,
records, photographs, reports, tabulations, charts, books of account, ledgers, invoices, financial
statements, purchase orders, receipts, canceled checks, e-mail, Internet mail, computer files, data
flies, Internet files or pages and all other documentary material of any nature whatsoever,
together with any attachments thereto or enclosures therewith, as well as data or communications
stored, maintained or organized electronically or magnetically through computer equipment.
• Documents in electronic or magnetic form shall be obtained or translated, if necessary, by you
into reasonable usable form. The term "document" shall also include audio and/or video
recordings.
4. "Identify," "identification,' and "identity" mean: (a) when used in reference to a
natural person, to state his or her name, job title and description of each of his or her positions,
and the person's present or last known residence and business addresses; (b) when used in
reference to a person other than a natural person, to state the entity's name, address, and principal
2
place of business as well as a natural person contact for the entity; (c) when used in reference to
a document, to state the type of document (e.g., letter, memorandum, book, fax, telegram,
application, contract, chart, report, photograph, sound reproduction, etc.), its date, title and
general subject matter, its title in the case of publication, its author(s), each addressee, all
individuals designated on the document to receive a copy; and (c1) when used in reference to an
oral communication, to identify the persons who participated in the communication and to state
when it took place, where, who was present, and who said what to whom, in words or substance.
5. "Relating" or "relating to" means constituting, concerning, embodying, reflecting,
identifying, regarding, describing, referring to, evidencing, discussing, connected with, bearing
on, pertaining to, involved with, revealing, having to do with, or in any way relevant to a given
subject.
6. "Including" means including, buinot limited to.
7. "Any" shall be construed as synonymous with "every," and shall be all inclusive.
8. The connectives "and" and "or" shall be construed either disjunctively . Or
conjunctively as necessary to bring within the scope of each Interrogatory all Tesponses that
might otherwise be construed to be outside of its scope.
9. The use of the singular form of any word includes the plural and vice versa. In
addition, the use of any tense of any verb includes all other tenses of the verb.
I D. The term "Botfly" means the defendant Badly L.L.C. and its officers, directors,
employees, and agents.
IL The term "communications" means oral or written transmissions of information
and includes without limitation conversations, telephone calls, emails, text messages,
presentations, notes, interviews, meetings, and letters.
3
INSTRUCTIONS
If you do not have sufficient infomiation to answer an Interrogatory fully, submit
as complete an answer as possible and explain why the answer is incomplete. For that part of
your answer for Which you lack information, submit your best estimate or judgment, so
identified, and state the source or basis of the estimate or judgment. Where incomplete answers,
or estimates or judgments are submitted, and you believe that other sources of more complete or
accurate information exist, identify and describe those sources, even if they are not in your
possession.
2. For each Interrogatory that you refuse to answer in whole or in part pursuant to
any claim of privilege, state in your response the nature and basis of the privilege claimed.
3. Unless otherwise indicated, the InterrogatOries seek information commencing on
January I, 2004 through the date of your answers to the Interrogatories.
4
INTERROGATORIES
I . Identify all personal and real property you and/or Jon J. Hamrnill, P.A. have purchased with money received from investors in Botfly and state the location of each such item of property.
ANSWER:
Pva-e 4-E) (=kr-% so-d i8\-1 3rS IL3c.
1-1,e
5
2. Identify all j ob titles and job descriptions for any work you performed for Botfly, whether you performed the work directly or through a company, and state the tasks you performed for Botfly.
ANSWER: r'eCLAre 7L0 CU'‘S toJ 65S ed) fVNA.-/
r4.6 •Pr" H^,ve CiC+11. el liA.-erta ekve
6
3. Identify ail inve:stors who have invested in Botfly.
ANS R: 1"er-uSe 71-tt a-rawe-- basea CI fle■Ni (-- 1179 )13-S
rsIN Se- N-Vve oak-% e MYVe
7
4. Identify all promissory notes that you have signed for investors in Botfly inelnding without limitation the name of the investor, the date of the promissory note, and the amount of the promissory note.
e-e 1-1z, ANSWER:
Li ee- V-vve avver‘aft-verv-V,
8
5. Identify all payments you have made to investors in Botfly including without limitation the amount of the payment, the date of the payment, and to whom the payment was made.
ANSWER: "M. ire 4--o or bo-c ea 1-.'"
9
6_ Identify all persons andlor companies to whom a referral fee was paid for referring investors to Botfly and identify the amount of each referral fee paid and the method by which the referral fee was cOmputed.
ANSWER: E eer&e4-0 ctrvS 60\ S€S te■ ti
y"..6
I 0
7. Identify all payments Jon J. Hammill received from Botfly and state the reason for each such payment and state the total amount ofmoney Jon J. Hammili has received from Botfly.
ANSWER: Pu s 4-0 0. r-s.S
60,sea- rAmy r- t5
u V*16 •.er"-- 1-1,e o.vvv,e.eNaiwonA.,
I 1
8. Identify all payments Jon J. Hammill, PA. has received from Botfly and state the reason for each such payment and state the total amount of money Jon J. Hammill, P.A. has received from Botfly.
ANswER: r O 1,./ r
(:)1 •QP- Car4I-N. GAN-%
12
9. Identify the total amount of money Botfly received from investors.
ANsw ER: .1. re r-o&-e_ 4-0
10. Identify the total amount of money that Botfly invested or traded on a foreign exchange,
ANswER: cansupe,-- bcks-ea crm.fvx.•.1 çV
QtrAer" CcC-4N-, cx,y,-evN d
14
11. Identify all communications you made to investors in Botfly about how BobEly invested money including without limitation trading in foreign currency and/or investing in overnight deposits. r-v's.e 4-0 cc INSter" bc.s.e6 fv,y ANswER: IrNa' .+Pe- 03,,crioe"-121 oftLe AA- a
15
12. Identify all investments made by Boitly with money received from investors including without limitation the amount invested, the date of the investment, the bank and/or trading platform where the investment occurred, and the amount of interest accrued on the investment.
• ANswER: -jr; (-R 6%.s,e2t
A-Vve cjv-
v-y
16
13. Identify storage units that you are currently renting and/or leasing and identify the contents of all such storage units.
ANswER : 4-0 c'-v-" ,•0 eo— -.4c5 Sal, (15 11+S
1-1-• e c•sr4k.- (A.
17
14. Identify all banks in which you have had accounts from January 1, 2004 through the present date.
."T" roSf I-0 ocdi d IAA y h+s ANSWER:
PNC) Re— 1-
1 8
15. Identify all current and former employees of Badly and for each such employee, identify the employee's job title, dates of employment, tasks perfonned for Botfly, and the last known address for the employee.
ANswER: Purse. 1.4.1 b,mseci o n-t y r ijkJ5
vrto14,— fke
19
16. Identify all wages, salaries, earnings, dividends, and/or payments Jon J. Hammill lias received fi-om Jon J. Hammill, P.A. from January 1, 2004 to the present date.
ANSWER 7 r--er-vsx 4-0 ay.%i, er- LOS ecA revy ic5V14-5
co-Aer..6irsA-erA-
20
11 Identify all communications with any person or entity relating to this lawsuit •
e-e;v S-e_ 4-0 s ANSWER: P-Cc 0"--eaki
21
18. Identify the location of Batt:ly records including without limitation, the location of web account records maintained by Botfly for investors, trading records, investment records, promissory notes, employee personnel files, payroll records, property ownership records, and bank account records.
ANSWER: 05-e- 4--t, GmeNS kre.— bos-ed. •-..._
%...) ev-- (LIM. re...?
22
19. Identify each Botfly bank account, including foreign accounts, for which..you are an. authorized signer on the account and for each such account, state the account number, the account balance, and the name of the banking institution.
• ANswER: Tr-e-r-i./.€ 4-0 "'N.. r` 1:5)-elf
Q-P44-s.
23
20. Identify each foreign bank account held by Botfly and for each such account, state the account number, the account balance, and the name of the banking institution.
ANSWER: 3.7 2 IL)1.-e cors.S \m)c,g -e
otwt-E(‘
24
21. Identify the manner in which investor accounts with Botfly were created, maintained, and updated, including without limitation how the web accounts were created, who created and maintained the web accounts, who updated the investor accounts to calculate monthly returns, and how the monthly returns were calculated.
ANSWER: cx.r13- 4sà v,,, 4a624
L..) cck •
25
22. Identify the location of bicycles and vehicles owned by David R. Lewalski and/or Botfly.
ANSWER: "1-
CASPI.PeN4 114..e r%r4-
26
23. Identify your current street address.
ANSWER: r-42 ex-P. S tv-e 60-Sea
1/4) rstc) Er"' )-71,-te wry-, er‘d m_fyv.t.
TN ile‘-‘11
27
STATE OF FLORIDA
COUNTY OF iii;'-'4164.0
I, Jon I Hammill, have read the foregoing Answers to Plaintiff's First Set of
Interrogatories and do swear that they are true and correct to the best of my knowledge and
belief.
By. Ion J. Hammill
STATE OF FLORIDA
COUNTY OF ,1 'fr4-11-404'
)ss:
Before me, the undersigned authority, personally appeared Jon J. Hanunill, who being
. duly sworn, deposes and states that the foregoing answers to Plai tiffs First Set of
Interrogatories to Defendant Jon - J. Hamrnill, are true and correct to the best of his knowledge,
information, and belief.
2010, by #4344/114 11 , who- is persenully SWORN TO AND SUBSCRIBED before me this day of
provided ' as identification.
NOTARY PUBLIC, S Florida
28
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA
OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, STATE OF FLORIDA,
Plaintiff,
VS. CASE NO. 51-2010-CA-2912-WSIG
BOTFLY L.L.C., DAVID R. LEWALSKI, JON J. HAMMILL, and JON J. HAMMILL, P.A.,
Defendants.
PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT JON L HAMMILL
Plaintiff Office of the Attorney General, Department of Legal Affairs, State of Florida, by
and through its undersigned attorneys, pursuant to Rule 1.350, Florida Rules of Civil Procedure,
hereby propounds the following First Request for Production of Documents to Defendant Ion J.
Hammill (the "Requests") to be answered within thirty (30) days from the date of service hereof.
DEFINITIONS
. "You" and "your" refer to the Defendant Jon J. Hammill and his agents and
representatives and any other persons acting, or purporting to act on his behalf and any entities -
he owns or controls, including without limitation Jon J. Ilarnmill, P.A.
2. "Person' means any natural person; public or private .corporation, whether or not
organized for profit; governmentai entity; partnership; association; cooperative; joint venture;
sole proprietorship; or other legal entity. With respect to a business entity, "person" includes any
EXHIBIT
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natural person acting formally or informally as an employed, officer, agent, attorney ar other
representative of the business entity.
"Documents" as used in these Requests is defmed as data or information in any
tangible form, including but not limited to the original and any non-identical copy (which is
different from the original because of notations on such copies or otherwise) of all
correspondence, telegrams, teletype messages, faxes, contracts (including drafts, proposals and
any and all exhibits thereto), draft minutes and agendas, memoranda (ineloding white papers,
white papers, inter- and intra- office memoranda, memoranda for file, pencil jottings, diary
entries, desk calendar entries, reported recollections, and any other wxitten form of 'notation of
events or intentions), transcripts and recordings of conversations and telephone calls, books,
records, photographs, reports, tabulations, charts, books of account, ledgers, invoices, financial
statements, purchase orders, receipts, canceled cheeks, e-maiI, Internet mail, computer files, data
Internet files or pages and all other documentary material of any nature whatsoever,
together with any attachments thereto or enclosures therewith, as well as data or communications
stored, maintained or organized electronically or magnetically through computer equipment.
Documents in electronic or magnetic form shall be obtained or translated, if necessary, by you
into reasonable usable form. The term "document" shall also include audio and/or video
recordings.
4. 'Relating" or "relating to" means constituting, concerning, embodying, reflecting,
identifying, regarding, describing, referring to, evidencing, discussing, connected with, bearing
on, pertaining to, involved with, revealing, having to do with, or in any way relevant to a given
subject.
5. "Inehiding" means including, but not limited to.
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6. "Any" shall be construed as synonymous with "every," and shall be all inclusive,
7. The connectives "and" and "or" shall be construed either disjunctively or
conjunctively as necessary to bring within the scope of each Interrogatory all responses that
might otherwise be construed to be outside of its scope,
8. The use of the singular form of any word includes the plural and vice versa. In
addition, the use of any tense of any verb includes all other tenses of the verb.
9. The term "Both!' means the Defendant Badly L.L.C. and its officers, directors,
employees, and agents,
INSTRUCTIONS
1. If the document you produce is a copy and not the original, so indicate, and
provide a brief explanation of whether the original is available for inspection and copying, or
reason(s) why it is unavailable. If any such document was, but is no longer in existence, state
precisely what disposition was made of it, when such disposition took place, and the Identity of
the Person(s) who ordered or authorized such disposition.
2. These Requests call for the production of all responsive documents in your
possession, custody, or control without regard to the physical location of said documents.
3. The response to these Requests should be submitted in the following manner:
(a) Documents provided shall be complete and unredacted. Documents ihall be
submitted as found in your files (e.g., documents that in their otiginal condition were
stapled, clipped, or otherwise fastened together or maintained in separate file folders shall
be produced in such form). Where the original document is in color, copies submitted in
lieu of such original documents must also be in color.
(h) Documents provided shall be produced in the order in which they appear in your
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• files and shall not be shuffled or otherwise rearranged. Mark eacb page with cenporate
identification and consecutive control numbers.
(c) Documents maintained in electronic form must be produced in their native
electronic form with all metadata intact. Data must be produced in the data fonnat in
which it is typically used and maintained.
(d) For electronic mail systems using Microsoft Outlook or LotusNotes, provide all
responsive emails and, if applicable, email attachments and any related documents, in
their native file format (i.e., .pst for Outlook personal folder, .nsf for LotusNotes). For all
other email systems, provide all responsive emails and, if applicable, email attachments.
4. If you possess no documents responsive to a Request, state this fact.
5. If you withhold any document based on a claim of privilege, provide a
statement of the claim of privilege and all facts upon which you rely in support of your claim,
including (a) author, (b) recipient, (c) date, (d) title, (e) subject matter, (f) location of the
document, and (g) the paragraph(s) of these Requests to which it is responsive. If you withhold
any documents based on a claim that they constitute or contain attorney work product, provide
the infonnation called for by (a)-(g) above and identify the litigation in connection with which
the document was prepared.
6. Unless otherwise stated, you are required to produce documents dating from
Jaimary 1, 2004 through the date of your response to the Requests.
DOCUMENTS TO BE PRODUCED
I. MI documents relating to your employment with Botfly including without
limitation pay stubs, W-2s, job deicriptions, employment agreements, emails, and
correspondence. ci.ssee- preAt...t_4-1-c, A
er-iy csfh pe-iy; 1 en -e 6 e't 4zP- cloc_urb,en-1.3
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2. All promissory notes that you have signed for investors who have invested in
Batfly. c`Aser-1r1 ths"-e"ths,e44101111-- pr..; es.e ,c--
r-0.4 oci-em, Oa a [scup% •erky
3. All documents identifying investors in Botfly. 2—o.s IN-ty . Cor- }ht. peskreli. 1/4.
4. All documents relating to your employment with Jon L Hanimfll, P A. including
without limitation pay stubs, W-2s, job descriptions, employment agreements, emails, and
OisSiz4- reoif PP4-4N. 0.1-4 ervio4414' P0 14,e rtao cti- r, correspondence. ea Jr...14m
5_ _ All correspondence between you and any investor in _Badly including without
0.4s e.-4- curbum-cliive41- pg-evAwse Par- pritclo a-kw\ limitation emails- oc.
6. All document relating to any trading and/or investment by Botfly. 1 sa cver-er-cloveek I -10-05-e roe- /-ke C P clocvm.eirri -c: 7. All statements for your accounts with Deutsche Bank AG. <us
p-Art1433 t Co.- 44-ve prof:kV- 8"41:14.1. a P.- 8. All of your Federal income tax returns. y 00.1 e--e_pk u
Celia_ CB-1-- 9. All Federal or State income tax returns filed on behalf of Jen J. Hamm% P.A.
c---ecores3,-.6/1. ealck, Vc›.0 10. All statements for your bank accounts, including without limitation checking
accounts, savings accounts, brokerage accounts, investment accounts, and/or certificates of
caAse,-4- ran y cx+v, deposits.
ow- 'quack.) 0..401 •
11. All of your income statements, balance sheets, ledgers, worksheets, spreadsheets,
wage reports, and accounting records. Iseel- 12.-"4-% ork4N18."4.1.4 i 5i> pro oi elite, -0 etztu
12. All powers of attorney to which you are a party. r.- 4 enrp-f Po ÷i-ve to actin_ c5V- btu -edul
13. All correspondence between you and David R. Lewalski including without
. ""2-- 0,s.3 te-4- grAK chyr.-e.-sle...-er,-3- ç. limitation marls.
perOu e.1...tte., a
14. All leases and/or agreements . for any storage unit or facility between you and any
other person or entity. -r" 0.ssev- -1- y rl- ,privi I 4 .e Roc- 4. e peocl
15. All documents you have produced in Case No. 8:09-bk-2272-CPM and Adv. Pro.
No. 8:10-888-ap-CPM (U.S. Bankruptcy Court for the Middle District of Florida) including
without limitation documents produced to the bankruptcy trustee. 41,C.siv4- vr10,./ °owe r■ti P C4
oct &Zug...L.2(M
16. All documents relating to payments you have received from Botfly including
without limitation cancelled checks, deposit slips, wire confirmations, W-2 forms, and. check
sters ck- PS-44), cro..teixam-er, kse gbe pro et itel
regi- 0-6 4•20..ki teve
17. All statements,provided to investors in BoAlly. SS er-1- Pel%)
py—tv ■- 1-; 3 e prtoa c)- {-0,1 a
18. All agreements betwpen you and David It. Lewalski. 0....SA e.e4- car, pr(Vil-e5 r ?c--0 cl,t. b.)a-ca A 0 9 CL S..
19. All documents relating to payments you have made to Botlly. P.P5-41 p rirv Ple- try-aa cilc". r— c.
20. All documents relating to payments Jon J. Hamlin, PA. has received from
cx4s era- . ert P;044.. carrvew-NC3onirs.A- BotEly- C- ask.c_m
21. All documents relating to payments Jon J. Hanuoill, P.A. has madA to Bottly. 1 -1Nc'e4 d'e cirnin Airwrea- cle 3-i-a•-t t...t.J oNtryis
22. All &curl-tants indicating the current location of David R. Lewalski. t .30. GI.Li 4.,,,,e,a+ bocw, 9-
23. All documents relating to Botfly. pôvks roe— precV.A.1-04,-% clL ANL
24. All documents relating to any automobiles, personal property, and/ox real property 2— er, C, Co,---..,?./-013.sit3-coir‘
you have purchased with money provided by persons as investments or loans to Bally.
BILL MeCOLLUM Attorney General
R. Sco Palmer Special Counsel Florida Bar No. 220353 Gregory S. Slemp Assistant Attorney General Florida Bar No. 478865 Office of the Attorney General PL-01; The Capitol Tallahassee, Florida 32399-1050 Telephone: (850) 414-3300 Facsimile: (850) 488-9134 Attorneys for Plaintiff
Gregory S. Slemp
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Plaintiff's First Request for Production of Documents to Defendant Jon J. Hammill has been furnished by U.S. mail to Jeffrey W. Warren and Karen Cox, Bush Ross, PA., P.O. Box 3913, Tampa, FL 33601- 3913; Kristine McAlister Brown, Alston & Bird LLP, 1201 W. Peachtree Street, Atlanta, Georgia 30309; and Jon J. Hammitt, P.O. Box 530181, St Petersburg, FL 33747 and via electronic transmission at jonhammilMvahoo.com on this C44' day of August, 2010.
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IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA
OFFICE OF TETE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, STATE OF FLORIDA,
Plaintiff
VS. CASE NO. 51-2010-CA-2912-WS/G
BOTFLY L.L.C., DAVID R. LEWALSKI, JON I. HAMMILL, and JON J. HAMMILL, P.A.
Defendants.
PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS TO DEFENDANT JON J. RAMMILL
Plaintiff Office of the Attorney General, Department of Legal Affairs, State of Florida, by
and through its undersigned attorneys, pursuant to Rule 1.370, Florida Rules of Civil Procedure,
hereby propounds the following First Request for Admissions to Defendant Jon J. Harnmill to be
answered within thirty (30) days from the date of service hereof.
DEFINITIONS AND INSTRUCTIONS
1. "You" and "your" refer to the defendant Jon J. Hamann and his agents and his
representatives and any other persons acting, or purporting to act on his behalf
2. The term "Botfly" means the defendant Botfly L.L.C. and its officers, directors,
employees, and agents.
3. The term "relevant period" means January 1, 2004 to the present.
EXHIBIT
REQUEST FOR ADMISSIONS
Please admit the. following:
1. You worked for Botfly.
ANSWER: Admitted +7Denied
2. You solicited persons to invest in Botfiy. 1-e Pvsi= G.INSW r- 6 t.,.W i„,„,-
ANSWER: Admitted Denied (1-Ny C:C44.%
cber...eyNaimert.-1-.
3. You told at least one investor that he would receive a 10% return per month on his
investment with Badly. a— rePs l cr nje- vrit.)-eg- .
ANSWER: Admitted Denied
4. You told at least one investor that his money invested in Botfly would be used for
trading in foreiga currency. Z r tzose 4-15 tx3sei or% riny . e-r3 31ks e,
ANSWER: Admitted Denied 14ve. C. ,-C-4-1. 0.1
5. You told at least one investor that his money invested in Botfly would be used to
obtain a return by investing in overnight deposits. v^e- PUS Cs..v't% cte— bccumA ?
ANSWER: Admitted Denied r'iyIrer-S %kJ vie,- CtC-1-1,,.
6. You created account statements for investors in Botfly. :27,- egg, 4t) c‘n.st, jet_ tell
ANSWER: Admitted Denied ° " "•‘v cs\is 1-1, e pç
7. You credited account statements for investors in Botily with a 10% per month
interest rate of return on their investments in Boifly. :17 rekdt an....Swe„r ,12,24 t1 r UrVier- 12..-Ai-k. 0.0teruDkovf-V1- ANSWER: Admitted Denied
8. You collected money from investors to deposit into the bank accounts of Botily. e-e gust 4-0 40Th$Lier- has td r‘ y ANSWER: Admitted Denied r.Js r-S1-11. 04...e.mierkeeo4d
3
rv•-y v-45 1-0-3 orvS.e.— r.e se 4,5 ckets kle?"" April. 1, 2010. pp.p+4,.. .Nci
ANSWER: Admitted Denied
ANSWER: Admitted
12. The funds you
Botfly's investments or trading.
ANSWER: Admitted
received from Botfly did not come from profits made. from r-eaus•e. L,0„ ti•-■y
ela 42e- 1-1,,e
Denied
Denied
investors to Botfly for investment.
13. Jon I. Hammill, PA. received more than $1,284,000 from Botfly from February .--ePvte 41:1 c..e...sa-ye.- Jno..secl, h
28, 2008 through April 1, 2010. u ob..ert,4-
ANSWER: Admitted Denied
14. The funds Jon J. Hammill, P.A. received from Botfly were funds provided by
rer-use cketS\kor- Itwas-e6 '1/4)
ANSWER; Admitted Denied
Denied ANSWER: Admitted
9. You knew that Botfly investors' . account statements were not accurate. revsg. 04.VIC14-ee- 60.59.,A/ 0 In
ortgw- J-Le rie4-7.% CkWveNdiew.eirv.4,.
10. You received more than $82,000 from Botfly from February 28, 2008 -through
1I. The funds you received from Botfly were funds provided by investors to Botfly
nde, for investment. 4-1-ve oey-‘demert÷.
-X re rmssie... 4-0 cve,sw, e... 6e.i.r.et4
15. You received more than $728,000 from Jon J. Hannaill, P.A. from February 28, • .1
2008 through April 1, 2010. -T 0.ArNisvos.-- boa-Seri, 0 ,-, -1-vv,t • -tik-e.
. ANSWER: Admitted Denied
16. The funds you received from Jon J. Hammill, PA. were funds provided by r—ePur.e.
1.) ANSWER: Admitted Denied
bo...teal. Is-46,.../ c•- rq Inkt
etrwt-e"CR+Werld-
et"srure.-- investors to Botfly for investment.
17. Botfly did not trade in foreign currency 809/u Or more of the money it received for
rer-o3t cLYAst...P.e.' bc.S,ea or. investment in Batfly. zer_ 4..Lt
ANSWER: Admitted Denied
18. You knew that Botfly was not trading in foreign currency 80% or more of the rer-os-e -1-q bc,4ea
money it received for investment in Botfly. s kr i'VAer- 0^,,e • ■•:c"44'N. eVomer‘..tiehkr14-
ANSWER: Admitted Denied
19. Boldly did not earn a 10% return per month or more return by trading in foreign
currency. re f ..-vs 4--o l'ebee 1-1:31‘ars
ANSWER: Admitted Denied .
20. Botfly did not earn a 10% return per month or More return by investing in
overnight deposits. t e 4"b 60, CZ:CAN-.
ANSWER: Admitted Denied
■.Y-14Z-r-
f-)00-ver• res.-to-NA ,
21. You told at least one investor that Botfly earned 19% return per month by trading
in foreign currency. r'er-giSe /113 co.-L.5%14r- bo.„.Verl &v./ urober---
ANSWER: Admitted Denied
44Ne C;CA4-s. 0,:m444.6-kref‘,4
22. You wrote checks to investors from at least one Botfly bank account. r.er-vs-t 1-0
ANSWER: Admitted Denied untki-
23. You told at least one investor that if he invested $100,000 in Botfly, that the -rekrs-e 4-0 60.-WKI or-N.
investor would have $1 million in 25 months. %Jr-. 8er-
ANSWER: Admitted Denied
24. You knew that the communication identified in number 23 was false at the time it
was made. e'er* e 4-0 ...Ns 6) 6ss4e.) 0" y e- VIT raer- cr4i
ANSWER: Admitted . Denied
25. You told at least one investor that if he invested $25,000 in Bort-ly, that the i-er-v3e 0.-ftive"- ecl e-ty
investor would have $78,460 in 13 months. r„..51,.#3 „aye, }..ke
ANSWER: Admitted Denied
26. You, Bolfly, and David R. Lewalski are not licensed or registered to invest any
monies, inchiding trading or pooling investments, in foreign currency with any local, state, or
g be-Sea eirl-y- P173111.3 federal regulatory agency. 4-b
veNCI-ef- f-AN e Prr-H-L. cvr,--er\c‘mreiv1-..
ANSWER: Admitted Denied
27. You used money from new investors in Botfly to pay returns to existing investors
cwess er-bc),&.e.c.)o e•••••• re%".4 in Bodly. rs..0 fine PrP cvert -e r-1.5.- 6
ANSWER: Admitted Denied
28. You were a direct participant in the activities of Botfly. 27- 1-ti 6Ls
. ANSWER: Admitted Denied or%
ea- 29. You owned and controlled Jon S. Hammill, P.A. during the relevant period.
ANSWER: Admitted Denied
30. You attempted to withdraw funds from your Deutsche Bank AO account after r -e Put-e 4-0 c-, -+NNs-,12,--- lCa.hc.j c April 10, 2010. çj
ANSWER: Admitted Denied
SHARON BALLY Notify Pc. Stab
Oi/CtiNnivies Expkvsikel, COMMOOn 00 771252
Boded Itca4sPleoral liesayPon. NOTARY PUBLIC, State orida
"mr Now-
STATE OF FLORIDA
COUNTY OF filA,L
I, Jon J. Hammill, have read the foregoing Answers to Plaintiffs First Request for
Admissions and do swear that they are true and correct to the best of my knowledge and belief.
By: CZ1,6„,-N Qi1/4 %ID Jon J. Eammill
STATE OF FLORIDA
COUNTY OF "-AM )ss:
Before me, the undersigned authority, personally appeared Jon J. Hammill, who being
duly swam, deposes and states that the foregoing answers to Plaintiff's First Request for
Admissions to Defendant Jon I. HammUl, are true and correct to the best of his knowledge,
information, and belief •
swop TO AND SUBSCRIBED before me this I day of 2010, by Jcfr-vs., epsvzi 11 ,
provided 'OA as identification.
- , •• • , or who
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR PASCO COUNTY
CIVIL DIVISION
OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, STATE OF FLORIDA,
Plaintiff, Case No.
VS. 51-2010-CA-2912-WS/G
BOTFLY LLC, DAVID R. LEWALSKI, JON J. HAMILL, and JON J. HAMILL, P.A.,
Defendants.
DEPOSITION OF: JON J. HAMILL
DATE: June 1, 2011
TIME: 2:07 p.m. to 2:47 p.m.
PLACE: Bush Ross, P.A. 1801 North Highland Avenue Tampa, Florida
PURSUANT TO:
BEFORE:
Notice by counsel for Receiver for purposes of discovery, use at trial or such other purposes as are permitted under the Florida Rules of Civil Procedure
Nathan F. Perkins, RDR Notary Public, State of Florida at Large
Pages 1 to 31
EXHIBIT
Riesdorph Reporting Group, Inc. (813) 22
APPEARANCES:
GREG SLEMP, ESQUIRE Assistant Attorney General - Antitrust Division Office of the Attorney General State of Florida PL-01, The Capitol Tallahassee, Florida 32399-1050
Attorney for Plaintiff
KAREN COX, ESQUIRE Bush Ross, P.A. 1801 North Highland Avenue Tampa, Florida 33602
Attorney for Receiver
STEVE D. TRAN, ESQUIRE Law Offices of Steve D. Tran 2285 First Avenue North, Suite A St. Petersburg, Florida 33713
Attorney for Defendant
INDEX
DIRECT EXAMINATION BY MS. COX Page 3
CERTIFICATE OF OATH Page 29
REPORTER'S CERTIFICATE Page 30
WITNESS' SIGNATURE PAGE Page 31
EXHIBITS
(None marked.)
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JON J. HAMMILL,
the witness herein, being first duly sworn on oath, was
examined and deposed as follows:
DIRECT EXAMINATION
BY MS. COX:
Q. Okay. Mr. Hammill we're here today on a
deposition with respect to your objection to the
receiver's motion for the disposition of some vehicles
and watercraft. So I'm going to ask you, first off, do
you claim to have an interest in a 2006 Lexus GS 300?
A. Yes.
Q. Okay. And what is your interest in that
vehicle?
A. It was utilized for business purposes, travel.
Q. When did you obtain that vehicle? Do you own
that vehicle?
A. Partially.
Q. Okay. And what do you mean by partially?
A. It's titled between Jon Hamill and Jon
Hamill, P.A.
Q. Okay. Who owns Jon Hammill, P.A.?
A. I do.
Q. Does any other person have an ownership
interest in Jon Hammill, P.A.?
A. No.
Riesdorph Reporting Group, Inc. (813) 222-8963
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Q. Any other entity have an ownership interest in
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Jon Hammill, P.A.?
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MR. TRAN: Karen, just -- I want to raise the
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objection now. The deposition I have is for him to
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be deposed individually, not as a corporate rep.
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So I'm going to object to all the corporate
questions, if we go forward with corporate
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questions.
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mS. COX: That's fine.
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MR. TRAN: If you want to ask him individual
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questions, that's fine. He was just deposed today,
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the notice has him deposed as individually, not as
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a corporate rep.
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MS. COX: But I'm asking him as to -- you can
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have your objection. But I'm not intending to
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inject to as corporate rep. 1 , m just asking him
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who owns the car.
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MR. TRAN: Okay.
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BY MS. COX:
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Q. So do you have 100 percent ownership interest
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in Jon Hammill, P.A.?
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A. Yes.
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Q. And when was the 2006 Lexus acquired?
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A. On or about the 24th of June, 2009.
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Q. Where was it purchased?
Riesdorph Reporting Group, Ine. (813) 222-8963
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A. Sun Toyota.
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Q. And how was it paid for?
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A. I believe it was a check.
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Q. And where was the check drawn on? What
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account?
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A. I don't know. My accounts have been blocked
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for --
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Q. What was the amount of the check?
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A. I don't know that.
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Q. Was the car financed?
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A. No.
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Q. And where did the funds come from to pay for
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that car?
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A. One of the checking accounts.
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Q. Okay. And when you say one of the checking
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accounts, do you mean --
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A. I don't know which one.
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Q. Okay. But what are the potential checking
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accounts that the funds came from?
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A. A Bank of America or Wachovia.
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Q. In June of 2009, were you employed?
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A. Yes.
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Q. Okay. How were you employed?
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A. By Jon J. Hamill, P.A.
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Q. And what did you do for Jon J. Hammill P.A.?
Riesdorph Reporting Group, Inc. (813) 222-8963
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A. Basic clerical and managerial capabilities.
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Q. What does that mean? What did you do?
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A. I managed Jon J. Hamill, P.A.
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Q. Okay. And what does that mean? How did you
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manage Jon J. Hammill, P.A.?
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A. By consulting.
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Q. Consulting with whom?
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A. With Jon J. Hammill, P.A.
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Q. Okay. So you managed Jon J. Hammill, P.A., by
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consulting with Jon J. Hamill, P.A.?
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A. I was managing Jon J. Hamill, P.A. -
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Q. Okay.
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A. -- which was of a business which was
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Q. Okay. What was Jon Hammill, P.A.'s business?
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A. That leads to a corporate question which --
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Q. No. I'm asking you based on your personal
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knowledge as an employee of Jon J. Hamill, P.A.
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A. My personal knowledge of Jon J. Hammill, P.A.,
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is that -- handled some clerical work.
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Q. Okay. But what business did Jon J. Hammill,
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P.A., do?
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A. Consulting.
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Q. Okay. Jon J. Hammill, P.A., was in a
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consulting business?
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A. It was an independent -- it was consulting
and --
Q. So it was independent consulting business; is
that correct?
A. Essentially.
Q. Okay. Back in June of 2009, did Jon J.
Hammill, P.A., engage in any other business other than
an independent consulting business?
A. Jon J. Hamill, P.A. -- no, it was not engaged
in any other.
Q. Okay. Were you the sole employee of Jon J.
Hamill, P.A., in June 2009?
A. Yes.
Q. During 2009, other than yourself, were there
any other employees of Jon J. Hammill, P.A.?
A. You would have to ask Jon J. Hammill, P.A.
Q. Well, were you aware any other employees of
Jon J Hammill, P.A.?
A. Not to my knowledge.
Did you have signature authority on any of the
accounts of Jon J. Hamill, P.A.?
A. Yes, I did.
Q. Are you aware of anybody else who had
signature authority on the accounts of Jon J. Hamill,
P.A.?
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A. I'm not aware.
Q. Who did the banking for Jon J. Hammill, P.A.?
A. I know I did a good portion.
Q. Okay. Who else did the banking?
A. I don't know. You would have to ask Jon J.
Hamill, P.A.
Q. To your knowledge, are you aware of anybody
else who did banking for Jon J. Hammill, P.A.?
A. I'm not aware of -- on a corporate aspect.
Q. But based on -- I'm asking you based on your
own individual knowledge.
A. I don't know.
Q. Where did Jon J. Hammill, P.A., conduct its
business?
A. I don't know. You would have to look at
Sunbiz.org and find out where their registered agent
was.
Q. Where did you go to work in the morning?
A. I didn't --
Q. As a employee.
A. As an employee, I worked from my house.
Q. Okay. Did you ever go to a place of business
for Jon J. Hammill, P.A.?
A. Not that I can recall.
Q. Are you aware of any location or address where
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Jon J. Hammill, P.A. actually conducts business other
than your home?
A. I'm not aware.
Q. Okay. And let me just back up a little bit.
When was Jon J. Hamill -- when did you first become
employed by Jon J. Hammill, P.A.?
A. I don't recollect the date.
Q. Okay. Now, who did you consult with as an
employee of Jon J. Hammill, P.A.?
A. Okay. I was a manager who did clerical work.
I'm not answering questions about Jon J. Hammill, P.A.
You want to know about, Jon Hammill, you can --
Q. Right. But you, Jon Hammill, you are working
for Jon Hammill, P.A., that runs a consulting business.
So as an employee of Jon J. Hamill, P.A., who are you
consulting with?
A. I was consulting with various individuals.
Q. Okay. And can you tell me who those
individuals were?
MR. TRAN: Objection. Those are business
records. That's privilege information of Jon J.
Hammill, P.A.
MS. COX: That's not a business record.
MR. TRAN: It's a business record as to who
they consult with inside the company.
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BY MS. COX:
Q. Who did you consult with as a employee of Jon
J. Hamill, P.A.?
A. I don , t understand the difference between the
two questions.
Q. It's the same question.
A. Yeah. I --
MR. TRAN: The objection stands.
MS. COX: Okay.
MR. TRAN: Or the objection is reiterated.
MS. COX: Okay.
MR. TRAN: It's a corporate question. It's
asking the inside -- inside of the corporate
business.
BY MS. COX:
Q. Axe you going to answer that question?
A. No.
Q. Okay. And what is the basis that you are not
going to answer the question?
A. Because I don't understand what the question
is. We're not here to depose Jon J. Hammill, P.A., we
are here to depose Jon J. Hammill. And Jon Hamill a
personal individual, not a corporation at this point.
Q. Okay. Now --
A. So?
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Q. Jon Hammill, I'm asking Jon Hammill, back in
June, when you were consulting for Jon Hammill, P.A.,
who were you consulting with? That is my question.
A. I can't divulge any information based off of
the corporate records.
Q. So are you claiming that this is a corporate
trade secret? Axe you claiming secrecy?
MR. TRAN: How the business -- objection. How
the business is conducted internally is a business
record.
MS. COX: So what is -- just to clarify, are
you instructing him not to answer the question?
MR. TRAM: I'm objecting, raising an
objection.
MS. COX: Okay.
MR. TRAN: If he chooses not to answer --
MS. COX: Okay. Are you raising a claim of
privilege.
MR. TRAN: I'm raising a privilege based on
the business, as a business record, because the
internal workings of the business are -- the
internal dealings the business are for the
corporate rep to -- that's a question for the
corporate rep, not for him individually.
MS. COX: Okay. So the privilege claim is the
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business record privilege?
MR. TRAN: I'm claiming a business record
privilege in that the form of the question is
relating to questions inside and the inner dealings
of the actual corporation itself.
BY MS. COX:
Q. Okay. Now he is not instructing you not to
answer that question. Are you going to answer the
question?
A. Based off of pending criminal investigation
that is currently going on, I would invoke my Fifth
Amendment right to not answer that.
Q. Other than Jon Hammill, P.A., in June of 2009,
did you have any other sources of income?
A. No.
Q. Okay. Do you claim an ownership interest in a
2004 Porsche 911?
A. Yes.
Q. Okay. And what is your interest in that car?
A. I purchased it.
Q. Okay. When did you purchase it?
A. On or approximately October 26th of 2009.
Q. And where did you purchase it from?
A. A private individual.
Q. And what was the purchase price?
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A. I could not find that information through the
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state.
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Q. And how did you pay for the car?
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A. Cash.
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Q. When you say cash, do you actually mean cash,
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not a check?
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A. Cash, check. I mean, it was purchased
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outright. There is no liens on it.
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Q. Now, presently, my records reflect that there
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is a lien by Grove Financial. So did you finance the
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A. A portion of it.
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Q. Okay. Tell me what happened there.
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A. I reestablished credit. I financed a small
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portion to make payments and --
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Q. Okay. And the private individual who you
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person prior to the purchase of the car?
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A. No.
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Q. How did you learn that the car was for sale?
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A. The computer.
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Q. Okay. Do you mean through the internet?
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A. Internet, yes.
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Q. Was it listed for sale by a dealer or on some
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entity that sold vehicles, or was it a private sale?
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A. Private sale.
Q . And how long after you purchased the vehicle
until you financed a small portion of the vehicle?
A. It was within -- within the week. I was --
when I titled the vehicle, there was a lien holder on it
immediately, so -- which was actually done on the 26th
of October. There was a lien holder.
Q. Where did you get the funds in order to
purchase the Porsche?
A. From my income.
Q. And back in October of 2009, where was your
income from?
A. Jon J. Hammill, P.A.
Q. Okay. Now there is a 2006 Edgewater power
boat with twin outboard motors. Do you claim an
interest in that?
A. Yes.
Q. And what is your interest in that boat?
A. I searched for a boat that I wanted and I
bought it.
Q. Okay. So you are the owner of the boat?
A. Yes.
Q. When did you purchase the boat?
A. I'm sorry?
Q. When did you purchase the boat?
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A. It was titled the 23rd of July, 2009.
Q. And where did you purchase it?
A. North Carolina.
Q. You purchased it from North Carolina?
A. Yes.
Q. Was it an individual sale or through a company
or --
A. I believe it was a consigned boat.
Q. Did you know the person who the boat was
purchased from?
A. No.
Q. And how did you learn that the boat was for
sale?
A. Through the internet.
Q. And how did you pay for the boat?
A. Cash or certified check. I can't remember. A
combination.
Q. What was the price?
A. I don't have that. I know what I paid in
taxes.
Q. Okay. And so October 23rd, you purchased the
boat, and on October 26th you purchased the Porsche. So
I already asked you in October where your income was
from, but let me ask you this. Where did you get the
money to pay for the boat?
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1. A. My income.
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Q. Okay. Did you finance the boat at all?
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A. No.
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Q. There are two WaveRunners, a Yamaha, 10-foot
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WaveRunners. Do you claim an interest in the
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WaveRunners?
A. Yes.
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Q. And what is your interest in the WaveRunners?
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A. Ownership.
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Q. Okay. And when did you purchase the
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WaveRunners?
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A. It looks like they were titled September 3rd
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Q. Where did you get them from?
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A. A private individual.
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Q. Who was the private individual?
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A. I don't know.
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Q. Okay. And how did you learn that the
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WaveRunners were for sale?
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A. Through the Internet.
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Q. How did you pay for them?
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A. Cash.
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Q. When you say cash, do you mean literally cash,
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or was it a check, or do you remember?
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A. I believe it was literally cash. It wasn't a
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lot of money, so --
Q. Other than the WaveRunners, there was a
trailer for the WaveRunners?
A. Uh-huh (Affirmative response).
Q. Was that part of the sale?
A. Yes.
Q. And how did you learn that they were for sale,
the WaveRunners and that trailer?
A. The internet.
Q. Yeah. You told me that. I'm sorry. So was
it a dealership site?
A. It was a private individual. You already
asked that as well.
Q. Well, I'm wondering if it was like on some
type of site that had -- I don't know about how boats
work. But it wasn't a commercial site that you went to
individual sales? It was just an individual sale?
A. I don't remember the search engine that I used
to find it.
Q. Okay. And where did you pick up the
WaveRunners?
A. I think they were in Largo, maybe Clearwater.
Q. Okay. And the boat, there is a trailer for
the boat. Do you have an interest in the trailer for
the boat?
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A. Which one are we talking about?
Q. For the Edgewater power boat.
A. What trailer are we talking about?
Q. There is a boat trailer for that boat.
A. I didn't see the --
Q. Well, let me ask you this. Did you ever
purchase a boat trailer for that boat?
A. I have had boat trailers that come with all
kinds -- when I bought boats and stuff prior, they --
Q. Okay.
A. -- there are trailers usually. But sometimes
they don't.
Q. Well, with respect to this 26-foot boat, was
there a boat trailer?
A. Is this the 2009?
Q. Yes. No, the 2006 26-foot Edgewater power
boat.
A. Right. Is this a 2004 boat trailer with VIN
that has not been recovered that you are inquiring
about?
Q. Yes.
A. I believe that was actually underneath the
boat that got repossessed by Achieva Federal Credit
Union.
Q. Where was that repossessed?
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A. I would have to look at my credit to find out,
but just prior to filing bankruptcy --
Q. Okay.
A. -- as there is no title for boats. I'm sorry.
For trailers.
Q. Had the 26-foot boat -- I'm going to call it
the Edgewater power boat. How did that get from North
Carolina to Florida?
A. It was towed.
Q. Did you tow it?
A. Yes.
Q. Okay. And what trailer did you use to tow it?
A. I'm not sure. I had some friends who have had
boats forever, so --
Q. So you borrowed a trailer?
A. I had a trailer that I borrowed to be able to
get it down here.
Q. Do you remember the date of the bankruptcy
petition that you filed in 2009?
A. Based off of pending criminal charges, I'm
going to invoke my Fifth Amendment on anything
pertaining to the bankruptcy.
0. Okay. Did you ever own a boat trailer when
you owned the 26-foot Edgewater power boat?
A. Isn't that the -- I'm a little confused. I
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Q. Okay. And you are referring to page 2 of the
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motion for disposition?
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A. I'm referring to the motion. Yeah. I had a
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boat trailer that again went with the boat back to --
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that was Achieva Federal Credit Union.
Q. Okay. But my question was did you ever own a
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boat trailer when -- during the time that you owned the
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26-fot Edgewater power boat? During that time period,
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did you own a boat trailer?
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A. At one point I did, yes.
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Q. Okay. And where did you acquire that boat
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trailer from?
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A. I don't recall off the top of my head.
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Q. Okay. And where is that boat trailer? What
17
happened to it?
1B
A. I -- I don't know. I thought you guys had all
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Q. Now, I'm talking about a boat trailer, not
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this personal motor craft, personal watercraft trailer.
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Other than the 2009 single-axle galvanized person
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A. Other than the 2009?
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Q. Right.
A. No, I'm not aware of any other trailer.
Q. Okay. From February of 2009 until April of
2010, other than Jon Hammill, P.A., have you had any
other sources of income?
A. Yes.
Q. And what are those sources of income?
A. Sun Toyota.
Q. Okay. When did you become employed by Sun
Toyota?
A. I would have to go in and look at the records.
That wasn't on here to be able to --
Q. Okay. What do you mean that wasn't on here?
A. I don't -- I don't remember the dates.
Q. Okay.
A. So that's not something I tried to obtain.
Q. Well, in what capacity were you employed by
Sun Toyota?
A. I was a finance manager and sales manager.
Q. Now, this is subsequent to working -- I mean,
subsequent to filing the bankruptcy petition in 2009.
So after the bankruptcy petition was filed. So from
February of 2009 and I'm saying April of 2010, because
April 1st of 2010 is when the civil action was brought.
So it's that 14-month period. You were employed by Sun
21
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Toyota as a finance manager?
A. During that period there was a time that I was
employed there, yes.
Q. Okay. How many months were you employed there
during that period, that 14-month period of time?
A. Maybe two. I don't know. I would have to
look at the dates.
Q. Okay. Full-time or part-time?
A. Full-time.
Q. And approximately how much money did you earn
during those two months?
A. Seven thousand dollars, $8,000, somewhere in
that range.
Q. Total or a month?
A. Total.
Q. And what did you do as the finance manager?
Were you the only finance manager or was there more than
one?
A. There was many others.
Q. Okay. And how is it that you went to work for
Sun Toyota as a finance manager? Did they approach you
or did you go and apply?
A. I went and applied. I used to work with them
years ago doing finance.
Q. And why did you apply for a job as finance
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manager for Sun Toyota?
A. Because at the time I was working as a
salesman at another place and was looking for a better
opportunity.
Q. Well, how much money in February, from
February until -- February of 2009 until April of 2010,
how much money did you get paid by Jon Hammill, P.A.?
A. I'm not aware of the exact number.
Q. Hundreds of thousands of dollars?
A. From 2009 to 2010?
Q. Yes, yes.
A. I got paid a very large -- a large amount of
money, but am unable to file my taxes based on when the
action came in to be able to give you an exact figure on
what was drawn.
Q. Okay. So you have not filed 2009 income
taxes?
A. I filed an extension.
Q. And when did you file your extension?
A. April 15th of 2009.
Q. So for 2009, you mean April 15th 2010?
A. I apologize. Yes.
Q. Okay.
A. Yeah. Taxes for '09 were -- filed an
extension in 2010.
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Q. And have you filed income taxes for 2010?
A. No, ma'am. I filed an extension on it. I'm
in a little difficult situation and I'm unaware of how
to file them as of this point.
Q. Have you made any estimated tax payments?
A. Yes. Yeah. Actually took out taxes from my
paycheck at Jon J. Hammill, P.A., and there have been
taxes that have been paid in both in 2009 and 2010.
Q. Who did , you report to at Sun Toyota when you
worked there for the two months in 2009 or 2010? Who
was your supervisor?
A. Basically the general manager, I guess.
Q. Who is that?
A. Joe Reth.
Q. Now, let me ask you, other than your
employment at Sun Toyota and your employment at Jon J.
Hammill, P.A., from February of 2009 until April of
2010, did you have any other source of income?
A. I worked for Tampa Bay Auto Mall, but I don't
recall if the dates overlapped or not.
Q. So you may have been employed for Tampa Bay
Auto Mall but you are not certain?
A. It was really close on the dates on there, so
I don't know if it was February 1st when I went from one
to the other or if it was the 15th of February or what.
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Q. From February of 2009 until April of 2010,
were you employed by Botfly, LLC?
A. No.
Q. Were you an authorized representative for
Botfly, LLC?
A. You would have to ask Botfly, LLC, on that, I
guess.
Q. Did you hold yourself out as an authorized
representative of Botfly, LLC?
A. I think that's more on the lines of the
corporate question.
Q. No. I'm asking you whether you, Jon Hammill,
held yourself out to be an corporate and authorized
representative for Botfly LLC.
A. I'm -- I'm unsure on how to answer that. I
guess I would have to invoke my Fifth Amendment, because
I'm not sure how to answer that properly.
Q . Have you served as an account executive for
Botfly, LLC?
A. I'll invoke my Fifth Amendment right again as
I'm unsure how to clarify the answer as of this time.
Q. Okay. Have you provided services to Botfly,
LLC?
A. I invoke my Fifth Amendment right as, again, I
don't know how to answer that question.
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Q. Have you received -- from February of 2009
until April of 2010, have you received any payments from
Botfly, LLC?
A. I'm not exactly sure.
Q . From February of 2009 until April of 2010, did
you receive payments on behalf of Botfly, LLC?
A. I don't understand what in reference --
Q. Were payments -- did you come into contact
with payments that were made to Botfly, LLC, where they
were delivered to you or given to you?
A. I'll invoke my Fifth Amendment right.
Q. Since from February of 2019 until March -- I
mean, I'm sorry, until April of 2010, did you sign any
documents on behalf of Botfly, LLC?
A. I'll invoke my Fifth Amendment --
Q. Okay.
A. -- privilege based off of the pending criminal
investigation that's going on.
Q. And from February of 2009 until April of 2010,
did you conduct any financial transactions for Botfly,
LLC?
A. I'll invoke my Fifth Amendment privilege.
4. From February of 2009 until April of 2010, did
you engage in any forex trading for Botfly LLC?
A. No.
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Q. During that period, did you engage in any
forex trading on behalf of investors of Botfly, LLC?
A. No.
Q. Other than what is on your bankruptcy
petition, did you have any other assets available to you
in February of 2009?
A. Based on the current criminal investigation,
I'm going to invoke my Fifth Amendment right. That
doesn't have anything to do with these vehicles here,
which is why I am being disposed, that I am aware of.
Q. Let me ask it this way. Maybe there is a way
you can answer it. When you filed the bankruptcy
petition, I'm trying to -- from February --
A. Based off of this current criminal
investigation, there will be no answers given. My Fifth
Amendment privilege will be invoked on anything that has
to do with the bankruptcy in that time frame.
Q. Well, let me ask you this. Other than we've
talked about as far as the boat, the cars, the
WaveRunners, we've talked about income that you derived
from Jon Hammill, P.A., from Sun Toyota, potentially
from Tampa Bay Auto Mall, did you have any other sources
of income or assets that you could use towards the
purchase of the boat, WaveRunners or vehicles?
A. No.
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Q. Okay. So those are the sum total of sources
of funds for those vehicles?
A. Yes.
MS. COX: All right. I don't think I have any
more questions. That's it.
MR. TRAN: Okay.
MS. COX: Read or waive? Do you want to do
that?
MR. TRAN: We'll just -- do you want to review
it before they type up the transcripts? Review
your answers to make sure everything was reported
properly? You probably do. Okay.
MS. COX: Read.
(The deposition was concluded at 2:47 p.m.)
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CERTIFICATE OF OATH
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
I, the undersigned authority, certify that
Jon J. Hammill personally appeared before me and was
duly sworn.
WITNESS my hand and official seal this 14th day
of June, 2011.
Nathan F. Perkins, RDR Notary Public - State of Florida My Commission Expires: 7/18/2013 Commission No. DD891158
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REPORTER'S CERTIFICATE
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
I, Nathan F. Perkins, Registered Diplomate
Reporter, certify that I was authorized to and did
stenographically report the deposition of Jon J.
Hamill; that a review of the transcript was requested;
and that the transcript is a true and complete record of
my stenographic notes.
I further certify that I am not a relative,
employee, attorney, or counsel of any of the parties,
nor am I a relative or employee of any of the parties'
attorney or counsel connected with the action, nor am I
financially interested in the action.
Dated this 14th day of June, 2011.
Nathan F. Perkins, RDR
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WITNESS SIGNATURE PAGE
PLEASE ATTACH TO THE DEPOSITION OF JON J. HAMILL, TAREN ON JUNE 1, 2011, IN THE CASE OF OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, STATE OF FLORIDA, VS. BOTFLY LLC, DAVID R. LEWALSKI, JON J. HAMMILL AND JON J. HAMMILL, P.A.
PAGE LINE CORRECTION AND REASON THEREFOR
I HAVE READ THE FOREGOING PAGES AND, EXCEPT FOR ANY CORRECTIONS OR AMENDMENTS INDICATED ABOVE, I HEREBY SUBSCRIBE TO THE ACCURACY OF THIS TRANSCRIPT.
JON J. HAMMILL DATE
WITNESS TO SIGNATURE DATE
Riesdorph Reporting Group, Inc. (813) 222-8963
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IN THE CIRCUIT COURTOF THE SIXTH JUDICIAL CIRCUIT!. 4 ,. --, - :.-.,- . - - ''''i ' ' . - • . IN AND FOR PASCO COUNTY, FLORIDA-
OFFICE OF THE ATFORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, STATE OF FLORIDA
WS/G Plaintiff,
and •
BOTFLY, LLC., DAVID R. LEWALSKI, JON J. HAMMILL, and JON J. HAMMILL, PA
Defendants.
SUPPORT OF RESPONSE TO PLAINTIFFS MOTION -FOR:It ,
: 4,-r - 7:-7...i.tiii,, ,,.-..:1:i!! • : 4 4i.lt , -
SUMMARY JUDGMENT : '',..-: .lizi'i ;'.:; ;ti • :ii-ik.& . •.: -:.:0... :...i . . .1:
!:i . ., : , ...;!_ilil';:;;;:t.:3 -i-iit, •-• ,::t1 COMES NOW the Defendants, JON J. HAMMILL gia .JoIst. I . mArypiw:i.. "-•
- ... . :•- . 4 ' 1 PA., by and through their undersigned attorneys, and bereby givesliOtioiltiOr
they have delivered to the Clerk, for filing in the recorda of Me. abo ivp-entigs4, i , ,,...,„ .:0;:i.v.y,:-.1,;:p,., : lr, .• ..: ill .F41-0;;R'41.. ,.,
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cause, the original Affidavit of JON J. HAMMILL in .S.Uppd...1.:1'opepo,nsft;tOitiggiti. ... -*.,.....r, - ••.; t." , •--,; ' .1. ri- , :i..1..1;; ;,-., i.:47,-..:,.%•.:.;
considered by the Court on matters pending before the Court. .. ,..
Plaintiffs Mcition for Summary Judgment, in anticipatio, n,,,it. t:a,2::h.:::e; m 0,,I; ; Kr: . rst. :
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NOTICE OF FILING AFFIDAVIT OF JON J. 1-1AMNIILL1Nlgi.,„; ,
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I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to KAREN COX, P.O. box 3913, Tampa,. Florida 33601, DAVID . - - R. LEWALSKI, Pinellas County Jail, Cell Location/Status: CEN-6C1-UN01-08- . 003, 14400 49m Street North, Clearwater, Florida 33762, GREGORY S. SLEMP,• • Esquire, Office of the Attorney General, PL-01; The Capitol, Tallahassee, Florida 32399; and GABRIEL MAZZEO via email at ornazzeo11@omaii.com , by Federal Express thisAnay of June. 2011.
STEVE D. TRAN, Esquire Florida Bar No.: 14822 . 2285 First Avenue North, Suite A St. Petersburg, Florida 33713 (727) 644-7448/ (727) 21671568 (fax) Attorney for Defendants HAMMILL and HAMMILL P.A. (by limited appearance)
CASE
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IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUID• • IN AND FOR PASCO COUNTY, FLORIDA •
OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, STATE OF FLORIDA
WS/G Plaintiff,
and
BOTFLY, LLC., DAVID R. LEWALSKI, JON J. HAMMILL, and JON J.
, HAMMILL, PA
Defendants.
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AFFIDAVIT OF OF JON. J HAMMILL IN SUPPORT OF RESPONSE:7 . f.;v‘ ?•4tkil-11.6%nr
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TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT.'"
;
.,• • .COUNTY OF ' STATE OF'FLORIDA
BEFORE ME, the undersigned authority, this day piersonellYi441 4.1'1'- .i.
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JON. J. HAMMILL, who by me being first duly sworn, depoPcS '1,40p.:::•:: :::.1,141 ,., 14,1,,,
1. That I am JON J. HAMMILL, a Defendant in .this'ictioit and asiiith 4 '..'A !,,,-• -,. ...1,:.;:-: ; 1'..•7-.;
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2. That I am the president of the Corporate DefendanV . ,1 :.•dli-1:!Lf..11
HAMMILL, P.A. and am authorized to exeoutc thisAffidaVii. , , •••
3. I am an employee of JON J. HAMMILL P.A..:. .
4, That JON J. HAMMILL PA. was contradted • bY .BOTFLYALLtgaild:6.1 : I.
:•. DAVID LEWASKI to provide office and clerical !.
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BOTFLY, LLC. ..•.•
am authorized to execute this Affidavit. 10•34o• '‘'.
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5. That as part of the services provided by JON ..); MMI . , . .. -:.:-. 7' • , ,.*444.'N4J4i,::.-.01. 2.;,. ..:4.:q.,.
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BOTFLY, LLC, I handled the malodti of inponiiff —II ' . ..-,-„ - :. , e,. .....4 6. . That as part of my Job duties, I relarsd inforfpetiOR to j.n9t§t9
- • .1.;4.;-31--.....i.,.-..,-,..i behalf of DAVID LEWALSKI and E,,,,...):„..5..,9;!::......y..,...::,.t:, representations regarding investni.eht ,OppOrtAittekRt .t.• : .
..- .• ' ...p..:-..i..:,..... 1.4,.....:,,.,_ • .; ' . .- .',..-.- - ..:,..:-,....t44173zz-:, ..:-,..1-:4...-... ,-,,,..., ,, ..k......... 7. . That my duties included providing ,...-staterneink,.c.FFE,. mAlliwpirttagAi .... 2; ,:,,.-,, - , ...;•:.:L 424-AWlidit4;;'...1.; ).14 . ;stiy.'f.;4.,:ii4:.:..g.f..:F. 71111i ,.: -.A . ' t . •
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payments to investors at the direction and instruction of,..13QTRY,$,-4,0i90-'4 ,- • Ail • 7.• rk, ,
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LLC or DAVID LEWALSKI.
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8. That I had authority or access to only' onefinkrillApcountoWne, • -143•11,1?..C.•:
and operated by BOTFLY, LLC or DAVID LEWALSKtikfiere - a4
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directive of BOTLY, LLC or DAVID LEWALSK1,44mentof .
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11 or trading for or on behalf of BOTFLY, LLC:4:41 • IDILE AL4K ki-
7.4:.Tepv.4 10. That all monies received by JON J. HAMMILL,14ANorx
• ' • LLC or DAVID LEWALKSI were formy isetvirwqprdw
;;. employee of JON J. HAMMILL, P.A. es setfoititiriiiiii3
• 3 1 i!.9140011:1'./. "t:t• 11. That all monies received by .J9N , J. JapaI
' . 7 ,14H4 41'4.4 BOTFLY to JON J. HAMMILL as arr%indiviclueklinyestO0 r "4 • I'• • BOTFLY, LLC only.
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was issued to an investor. .• ;1;
9. That I had no authority to make or review:aay
ry 1 Stateof My Commission Expires:
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• • ' • ' . .4.-red'Ati1 4*4ri!*. have been conducted by BOTFleYk4.. ,LWi' . ' --;:"4:ttrat
regarding investment opportunities.:Of Welk . :",--. ...g, • .,- f:.,;;;$
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. 13. That ! did not have any authorizatiO4 or:001 • ' : -'.' • ..,: . ..
BOTFLY, LLC. ,• • •,t ..y. y
• 14. That the matters set forth herein are tiumarld4
• FURTHER AFFIANT SAYETH NAUGHT,..•
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BMW TO AND SI4BSCRIBD before me by who is personally known to me or who produced a driver's license identification and who
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12. That I did not have any knowledge of ariy;*prol2irig:" , . , .. •
JON J. HAMM! •
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EXHIBIT I
• All job titles and job descriptions for any work he performed for Botfly and the tasks
performed for Botfly
• promissory notes Hammill or Hammill RA. executed for Botfly
• payments Hammill or Hammill P.A. caused to be made to investors in Botfly
• payments Hammill or Hammill P.A. received for Botfly
• Persons or companies to whom referral fee or commission was paid for referring investor
to Botfly
• Dates, amounts, and basis for payments Hammill received from Botfly
• Dates, amounts and basis for payments Hammil PA received from Botfly
• The nature and extent of Botfly's business activities
• Bottly's use of investor funds
• Botfly's documents and business records
• Preparation of I099s for Botfly investors
• Hammill's involvement in creation of on line account statements
• Communications to Botfly investors
• Solicitations for investments in Botfly
• Operation and management of Botfly
Express Mall
Web Sits E-mall
Jun 28 2010 8133AM Jewelers
Jewelers On Time Inc 149 Riverside Ave, Suite E Newport Beach, CA 92663 Pi4; (949) 650-7777 Rh (949) 650-1056
8496501056
Sales Receipt Date Sale NO.
3/3/2010 L ._
1727
Said To
John Hammil 4905 34th St. 6328 St Petersburg, EL 33711
Ship To
Check No. Payment Method
Wire Transfer
Deatription
Stilp Via 1TIkiiurv Insured Value
Amount
Rolex Men's 18K yellow gold "crown Colleutiorf President. Faetory Silver diamond dial, factory diamond bezel, lugs. ref# 118338 ser# K533695
2 year Warranty.
Subtolal
Sales Tax (0.0%) $0.00
17,000.00
$17,000.00 ■1111111.1■■
kenny(gjewe1ersantime.com-1
www.jewelersontirne.com
EXHIBIT
T
Total 17,000.00