IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN … - Amend M2 Compel Ham… · Hammill...

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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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


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?



8 Q. Have you ever read the provisions of that

9 document?



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


17 Q. okay. Are you aware that pursuant to an Page 4


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


22 Botfly L.L.C.?


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?



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.


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?


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



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?


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?



13 Q. Do you have any -- let me ask a more general

14 question. Do you have any corporate records for

15 Botfly?



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?



23 Q. DO you have any internal computer records

24 for Botfly?



2 Q. DO you have any ledgers for Botfly?


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



9 Q. And do you have any information with respect

10 to where the corporate records of Botfly are located?



13 Q. DO you have any information as to where any

14 computer or electronic data for Botfly is located?



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?



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?



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


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:


16 Exhibit Number two. Do you recognize that exhibit?



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?



25 Q. Have the contents of that order been made

1 known to you?

2

A. I invoke my Fifth Amendment rights on the


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?



12 Q. Okay. And can you identify that, read the

Page 9


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?



18 Q. Have you ever provided the information

19 requested in that form to the receiver.or to the

20 attorney general?



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


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?



24 (Receiver's Exhibit four was marked for

25 identification.)

1 BY MS. COX:


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?



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


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.



8 Q. Do you have any of those documents with you

9 here today?



12 Q. And have you provided copies of those

13 documents to either the receiver or the attorney

14 general's office?



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.


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?



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


6 Q. Okay. Where are you currently living?

7 A. 2684 70th Avenue South, St. Petersburg,

8 Florida. Page 14


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


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?



13 Q. DO you continue to have any interest in --

14 ownership interest in 9821 Island Harbor Drive, that

15 property?


17 grounds it may incriminate me. Page 16


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?



14 Q. DO you still own it?



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


22 Q. All right. And as to Quist Drive in New

23 Port Richey, when did you first own that property?



1 Q. And do you still own that property?



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


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?



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


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


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?


4 grounds it may incriminate me.

5 Q. What is Jon Hamill, P.A.?



8 Q. Do you have any ownership interest in Jon

9 Hammill P.A.?



12 Q. Are you a member of Jon Hammill, P.A.?

Page 21




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:


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


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?



9 Q. Was that deposit made on the behalf of Jon

10 Hammill or on the behalf of Jon J. Hammill, P.A.?



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?



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




24 Q. And with respect to the same account,

25 Exhibit Number seven, when was that account first

1 opened?



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


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?



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


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


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?



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?



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?



Q. What was the source of the funds that were

12 deposited into this account? And again, Exhibit Number

Page 27


13 nine, the Bank of America account.



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?



21 Q. what was the source of the funds for the

22 account, for the money in this account?



25 Q. Okay. And back to Exhibit Number seven, the

1 wachovia free business checking account, who deposited

2 funds into this account?



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


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


18 this?

19 THE WITNESS: Yes.

20 BY mS. COX:


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?



4 Q. who deposited funds in That account?



7 Q. And what is the source of the funds

8 deposited in that account?



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.


19 A. Account summary of my ETrade account.

20 Q. okay. when was that account first opened?


Page 29



23 Q. And are there any owners of this account

24 other than you?



2 Q. And what was the source of the deposits made

3 into this account?



6 Q. okay. what is your role with Botfly L.L.c.?



9 Q. Have you ever invested in Botfly L.L.c.?



12 Q. Have you ever been employed by Botfly

13 L.L.C.?



16 Q. Have you ever had the authority to make

17 payments on behalf of Botfly L.L.c.?



20 Q. Have you ever had the authority to withdraw

21 money from financial institutions on behalf of Botfly

22 L.L.C.?



25 Q. Have you received payments from Botfly

Page 30


1 L.L.C. as salary?

2 A. L invoke my Fifth Amendment rights on the


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.?




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?



24 Q. okay. And can you tell me the reason for

25 that payment?



3 Q. okay. I'm going to try to speed things up

Page 31


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.


11 identification.)

12 BY MS. COX:

13 Q. And ask if you recognize those checks?



16 Q. okay. one moment.


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?



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


9 that signature?



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?



18 Q. On or about July 14th, 2008, were you paid

19 $3,500 from Botfly L.L.C.?



22 Q. On or about July 25th, 2008, were you paid

23 $15,000 from Botfly L.L.C.?



1 Q. on or about August 6th, 2008, did you

2 receive $13,000 from Botfly L.L.c.?



Q. On or about August 25th, 2008, did you

6 receive $20,000 from Botfly L.L.c.?



9 Q. Okay. On or about september 9th, 2008, did

10 you receive $4,000 from Botfly L.L.C.?



Page 33


13 Q. On or about September 9th, 2008, did you

14 receive $5,000 from Botfly L.L.C.?



17 Q. on or about September 25th, 2008, did you




21 Q. And on or about November 24th, 2008, did you




25 Q. on or about November 2nd, 2008, did you




4 Q. And on or about December 29th, 2008, did you




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?



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



19 Q. On February 1st, 2009, did Jon Hamill, P.A.

20 receive $10,000 on or about --



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.



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.?



19 Q. What goods or services did Jon Hammill, P.A.

20 provide to Botfly L.L.C.?


Page 35



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


3 Q. In total, how much money has Botfly L.L.C.

4 paid to Jon Hammill?



7 Q. And in total, how much money has Botfly

8 L.L.C. paid to Jon Hammill, P.A.?



11 Q. Okay. what is your understanding of what

12 Botfly L.L.C. did?



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.


24 identification.)

25 BY MS. COX:

Page 36



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?



13 Q. Okay. Do you know any investors in Botfly

14 L.L.C.?


16 event it may tend to incriminate me.

17 Q. Have any of your family members invested in

18 Botfly L.L.C.?



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.?



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


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?



1 Q. Do you own any motor vehicles?

2 MR. GOLD: Object.to the form.



5 me.

6 BY MS. COx:

7 Q. Are you in possession of any motor vehicle?



10 Q. Do you know Tom Stead, or Steed, I'm not

11 sure how you pronounce it, S-T-E-A-D?


Page 39



14 Q. Do you know Patricia -- I'm going to say

15 it's stead. Do you know her?



18 Q. Are you familiar with Fairway Golf Carts?



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?


9 grounds the answer may tend to incriminate me.

10 Q. Do you know John Valentina?



13 Q. Do you know Gordon Braun?



16 Q. Do you know David Lewalski?

17 A. I invoke my Fifth Amendment rights on the Page 40


18 grounds that the answer may tend to incriminate me.

19 Q. Do you know Melinda Colbeth?



22 Q. DO you know the current location for David

23 Lewalski?



1 Q. when is the last time that you've

2 communicated with David Lewalski?



5 Q. When is the last time that mr. Lewalski has

6 had any contact, David Lewalski, has had any contact

7 with you?



10 Q. Do you know where Mr. Lewalski keeps his

11 bicycles?

12 A. r invoke my Fifth Amendment right on the


14 Q. Have you ever seen any of Mr. Lewalski

15 bicycles?



18 Q. Have you ever been to Brick City Bicycles?



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?



25 Q. Do you know of an entity named as Limerock

1 Road?



4 Q. Have you ever been to Limerock Road?

5 A. I invoke my Fifth Amendment right an the


7 Q. Since April 1st of 2010, this year, have you

8 had any communications with investors of Botfly?




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.



18 Q. Okay. DO you know Terry Keller?



21 Q. With respect to Exhibit Number 16, did you

22 compose this e-mail?



25 ///

Page 42



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?




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


16 Q. Do you have access to a database containing

17 the e-mail addresses for investors in Botfly?



20 Q. Do you know whether a database that contains

21 e-mail addresses or other contact information for

22 investors of Botfly exists?



25 Q. Okay.


2 identification.)

3 BY MS. COX!

Page 43


4 Q. And I'm going to show you what's been marked

5 as Exhibit Number 19.

6 Do you recognize this document?



9 Q. Who maintained the Botfly website or like

10 web address?




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?



21 Q. All right. Did -- what is your e-mail

22 address?



25 Q. All right. What e-mail addresses have you

1 used?



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



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?



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 ///


2 identification.)

3 BY MS. COX:

4 Q. Showing you what's been marked as Exhibit

5 Number 21, do you recognize that?



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?


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?


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?



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




20 Q. Have you received any money from investors

21 in the Botfly L.L.C.?



24 Q. Have you received any money from lenders to

25 Botfly L.L.C.?



3 Q. Have you contacted any investors or lenders

4 for Botfly L.L.C. and asked for money?



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?



14 Q. And then have you asked -- contacted any

15 investors or lenders and asked for money on behalf of

16 Botfly?



19 Q. And have you had anybody contact investors

20 or lenders to Botfly L.L.C. --


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?



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?


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?



20 Q. Has anybody retained a lawyer on your behalf

21 to represent you in this matter?



24 Q. Do you know Todd Foster?

25 A. Yes.

Page 48


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.?



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.?



23 Q. Okay. HOw are you paying your rent

24 currently?



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?



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


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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

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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


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



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


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

E

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.

2

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

3

• 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

4

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


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.

7


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


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

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-


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


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-


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-.


■.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---


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-


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


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-..


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


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.


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


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


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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Riesdorpli Reporting Group, Inc. (813) 222-8963

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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.?


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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

13 of 2009.

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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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1 see this showing here for a trailer for the Jet Skis.

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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

5 question for that. And I see another one for a 2004

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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

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happened to it?

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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?


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

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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


23

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.


26

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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31

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


— . • .:- ■ ,-

' ! ....'.1 -__ ' - . 1 " ;..:y.r.k.' ,-.t.; ••-.: •.?.',:k•-•.:... „:. ,

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.. ,.,

' .- • '.-;''... l'...40:41.0

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. :

.i

. . "• • • - : , I ,

. . .' 4 -, - !. ,, !;.•'TtEi.:L4.1:1

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.

,•4.41: 7.., •0.- . ,, -: ,

•

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NOTICE OF FILING AFFIDAVIT OF JON J. 1-1AMNIILL1Nlgi.,„; ,

41.44a1 •

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•CASE • •

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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 [email protected] , 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

•

r '.1.• • ; ..g.. • . • • • • • " • •: . •,. • • •r • • • 7.; •

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.

•z4

!!: • • %-,;.• t:*1)= . k'... • •

AFFIDAVIT OF OF JON. J HAMMILL IN SUPPORT OF RESPONSE:7 . f.;v‘ ?•4tkil-11.6%nr

.• •

14 • •12j'

TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT.'"

;

.,• • .COUNTY OF ' STATE OF'FLORIDA

BEFORE ME, the undersigned authority, this day piersonellYi441 4.1'1'- .i.

• • --'r

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-.;

- :'' . - . ,! , ,,t . ,. -;.';•:'1.-, i: , . -

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 !.

, ..„ • -

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.,.

., •,...,5., ,.., ... .0 5 • ii .

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, ,

•• • . • 1 -

LLC or DAVID LEWALSKI.

:

8. That I had authority or access to only' onefinkrillApcountoWne, • -143•11,1?..C.•:

and operated by BOTFLY, LLC or DAVID LEWALSKtikfiere - a4

•

directive of BOTLY, LLC or DAVID LEWALSK1,44mentof .

• t. •.;•!- •

nCialitran§a

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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1 09'; 7444 , .1! • • hgr

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:.,;;;$

.. j - ft 1-•5'r i . ' s, ,....„, , •-

. 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,..•

•. ,

BMW TO AND SI4BSCRIBD before me by who is personally known to me or who produced a driver's license identification and who

. • •

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

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