309 North Parsons Ave. Brandon, FL. 33510-4515

Ph. (813) 661-5297

Law_~ffic~ Of Emma H~~ess, P.A. Fx. (813) 689-8725 ELDER LAW&; SPECIAL NEEDS ATIORNEYS www.hemnesslaw.com Emma R. Hemness, Esq.* info@hemnesslaw.com Gerald L. HemnessJr., Esq.

February 25, 2013

' Via Email

Ms. Lori Holcomb !J"!.llkomb(ii> llabar .org Mr. JefTrey Picker jnil:l-.er@tlabar.org UPL Department The Florida Bar 651 East Jefferson Street Tallahassee, Florida 32399-2300

Re: Written Testimony for UPL Hearing, Tampa. Florida Held on February 22, 2013

Dear Ms. Holcomb and Mr. Picker:

I am submitting the following written testimony in support of the Elder Law Section's request fi.)r a Formal Advisory Opinion on the unlicensed practice of law by non-attorney Medicaid planners. In addition. I adopt the written testimony of Attorney Twyla Sketchley, Chair, Elder Law Section and Attorney John Frazier, Chair, Elder Law Section UPL Committee.

First and foremost, I make a sincere request that the Florida Bar UPL Committee undertake a l:arcful study of the comprehensive planning and legal analysis involved in the unique practice area of law we refer to as "Medicaid Planning". This is one of the core areas of the field known as "Elder Law", and it is one of the core areas upon which the Florida Bar Board of Legal Specialization approves an attorney's grasp of specialized knowledge to achieve the designation as a Board Certified Specialist in Elder Law. With a complete understanding of an elder law attorney's role and responsibilit_ies within the Medicaid Planning context, your Committee will be able to discern where most counseling to obtain these benefits involves the practice of law and cannot be delivered to the consumer without engaging in the unlicensed practice of law.

The leadership of the Florida Bar's Elder Law Section is more than ready to provide your Committee members with common (and uncommon) client scenarios so that each Committee member can fully understand the level of legal analysis involved in: I) identifying all the Medicaid rules and regulations appropriate to the clients; 2) counseling these clients among the choices of the Medicaid rules and regulations applying to their circumstances; 3) aiding in understanding the pros and cons of the most

Estate Planning • Special Needs Trusts • Asset Protection Planning • Medicaid Qualification • Veterans Benefits Incapacity &; Guardianship • Exploitation of the Elderly • Probate • Trust Administration • Life Care Planning

•certified in Elder Law by the Florida Bar Board ofLegs/ Specialization, and National Elder Law Foundation as a Certified Elder Law Attorney

Filing # 9603161 Electronically Filed 01/28/2014 09:01:34 AM

RECEIVED, 1/28/2014 09:05:52, John A. Tomasino, Clerk, Supreme Court

mailto:jnil:l-.er@tlabar.orgmailto:info@hemnesslaw.comhttp:www.hemnesslaw.com

appropriate Medicaid rules and regulations selected; 4)advising about potential repercussions associated with Medicaid planning, which includes but is not limited to identifying potential income tax implications and creditor rights; 5) coordinating and blending other legal considerations such as post-mortem desires or protection of spouses or disabled family members into the planning undertaken; and 6) implementing a plan designed specifically upon the legal analysis and application of the Medicaid rules to the clients' specific set of circumstances. If legal documents are drafted as a part of such a comprehensive plan, then such legal documents- such as a Durable Power of Attorney, deed of conveyance on a homestead, or Last Will and Testament containing a testamentary special needs trust- will be included in the normal pattern of legal representation by the elder law attorney. The failure or, merely the inability, to comprehensively address or identify legal outcomes regarding clients' circumstances may result in harm.

As a Board Certified Specialist in Elder Law, I believe that there is a significant amount of harm occurring to consumers about which the Florida Bar has not yet fully been made aware. As past Chair of the Elder Law Section in 2007-2008, I made mention of this concern regarding the unlicensed practice of law by non-attorney Medicaid Planners in October 2007 during my Section Chair's address to the Florida Bar Board of Governors. Since that time, the number of non-attorney Medicaid Planning firms has grown, and the experiences of consumer harm related to me personally have increased exponentially. One need only peruse the Florida Division of Corporations website, typing in ··Medicaid ..."and nearly three (3) full pages, single space, appears, from "MEDICAID 4 U, LLC" to "MEDICAID AND RETIREMENT ADVISORS". (See Attachment A.)

Primary Example: If there would be one primary example of why the Florida Bar UPL Committee must issue an advisory opinion clearly defining the unlicensed practice of law (beyond simply the preparation of legal ctocuments), it would be the case of former attorney, Linda Littlefield.

Ms. Littlefield was an attorney with a law practice in Osceola County. Her law practice included "Medicaid Planning" and she counseled an unknown number of her clients to transfer money into a Medicaid-exempt trust known as a pooled trust, which Ms. Littlefield had created and over which her husband was the Trustee. An investigation into the use of the funds deposited into the pooled trust came to the forefront by a wife who had deposited some $50,000 into the pooled trust to allow for her AL~heimer's stricken husband lo obtain Medicaid benetits. The investigation by authorities led to Ms. Littlefield's being charged, and then on or about June 25, 20 I 0 booked into Osceola County jail. In addition, Ms. Littlefield was ordered to cease and desist from ''Medicare Planning''. although the more appropriate term should have been "Medicaid Planning". It is also understood that Ms. Littlefield accepted voluntary disbarment for a period of I 0 years. And. she was ultimately given a sentence of 13 years probation for her criminal activities. (See attachment for public news story.)

The significance of the timing in this example is that Ms. Littlefield created a new company known as "'MEDICAID BENEFITS EXPERTS INC." on July 23. 2010, less than one month from when she was booked into jail and while she was pending, or, had already accepted voluntary disbarment. (See attachment related to Florida Division of Corporations regarding date of formation). She further established an office under this company name, a couple counties away in Tampa, Florida. And, I personally became aware of her presence in the Tampa community when I picked up her brochure on or about November 15,2010, which she (or her agent) had placed, without permission, in the lobby ofthe Johnnie Byrd Alzheimers Institute at the University of South Florida.

The importance of this [extreme] example is to create an understanding that it is absurd and unthinkable to be able to go from being an attorney one day- subjected to professional and ethical rules

and regulations to protect the end use consumer-- to allegedly performing the same functions ("Medicaid Planning") the next day, escaping any oversight of the Florida Bar. Without the Florida Bar's regulation over non-attomey Medicaid Planners, and defining those activities within Medicaid Planning that is indeed the practice of law, we can have such persons as Linda Littlefield continuing to harm the public without ramifications.

Secondary Example: A second example would be that of the practices of a firm known as Platinum Financial Planning Inc owned and operated by Tony Turbeville in Lakeland, Florida. This firm is well known among the local elder law attorney community as aggressively marketing its ''Medicaid Planning" services to consumers and health care providers (nursing homes) who can direct consumers to its firm.

In other written testimony by my fellow elder law attorney colleagues, examples of this firm's practices have been provided to this Committee. In addition to those previously provided materials, I am including an attachment of a recent article appearing in the Lakeland Ledger on June I 7, 20 I 2 regarding $3 million in fines and restitution ordered against Mr. Turbeville and his employees by the SEC. Also attached is a change in the Articles of Incorporation filed with the State of Florida dated July 6, 2012, changing the name ofthe corporation to Platinum Benefit Planning Inc.

Finally, with respect to this organization, I am providing a copy of a retainer agreement provided to one of its Medicaid Planning clients discussing its "recommendations" to follow Medicaid's rules applicable to the client's specific circumstances. The agreement further sets forth advice to avoid probate and advice to create a deed known as an enhanced life estate deed. It also mentions that a personal care contract must be executed and explains the purpose of this legal contract. And, although there may be other glaring examples of legal analysis and implementation of Medicaid's rules as it relates to this client's particular circumstances, the client never met with an attorney, spoke with an attorney. nor was advised that a meeting with an attorney would be necessary. Client has only ever paid the Medicaid planning fee required to this organization.

In conclusion, I am able to provide numerous other examples ofentities and organizations that I believe have engaged in the unlicensed practice of law in the field of Medicaid Planning. I respect and acknowledge that not every aspect of Medicaid Planning can be deemed the practice of law. However, the majority of what a consumer requires within the framework of Medicaid Planning is indeed the practice of law and such should be clearly identified by this Committee to avoid further and future hann to the consumers.

~ ~--------Emma Hemness

~~~~~~~~~~~------------------------------~~~---------

Entity Name List Corporate Name Document Number Status MEDICAID BENEFITS EXPERTS. INC. P10000060938 INACT MEDIC AID CENTER. INC. V02900 INACT MEDIC AID COMMUNICATIONS. INC. S05460 INACT

MEDICAID COMPLIANCE INFORMATION CENTER POSOOOOs2783 INACT INC. MEDICAID CONSULTANTS, LLC L10000002711 ACT MEDICAID CONSULTING SERVICES INC P07000122978 ACT MEDICAID DONE RIGHT LLC L12000008688 ACT MEDICAID DRlJ.GS 1NC $1;~Hi~Y• < ; .. · iN/XCT ·.. MEDICA IDEAS. INC. P08000003058 ACT MEDICAID ELIGIBILITY INC. P04000115860 ACT THE MEDICAID ELIGIBILITY AUTHORITY T01000000109 ACT MEDICAID ELIGIBILITY & DENIAL SERVICES. LLC M12000004131 NAME HS MEDICAID ELIGIBILITY DENIAL & SOLUTIONS. LLC M12000004131 ACT MEDICAID ELIGIBILITY & DISABILITY SOLUTIONS p

12000102512 ACT INC. MEDICAID ELIGIBILITY PLANNING AND FILING

P07000051132 INACT SERVICE. INC. MEDICAID FILING SERVICES, LLC L07000038543 ACT MEDICAID FILING SOLUTIONS. INC. P10000087289 ACT MEDICAID INFORMATION RESOURCE. INC. P02000006243 ACT MEDICAID INFORMATION RESOURCE. LLC L01000019439 INACT

MEDICAID INFORMATION RESOURCE AND DESIGN Tosooooo1537 ACT OF PYRAMID MEDICAID MANAGEMENT INC. P09000080396 ACT MEDICAID NETWORK OF FLORIDA INC. P94000076962 INACT MEDICAID OPTIONS & DESIGN OF "MEDICAID"

1021 INACT BEING IN YELLOW & "OPTIONS" IN BLUE--STYLIZEDTgsoooooMEDICAID PLANNING AND FILING. LLC. L10000079475 ACT

Previous List Next List

Previous List Next List Entity Name Searc

§ubrrit J

Entity Name List Corporate Name Document Number MEDICAID PLANNING GROUP, INC. P99000094200 MEDICAID PLANNING AND INFORMATION CENTER, L04000022322

Status NAME H8

ACT

INACT

ACT INACT

L.L.C. MEDICAID PLANNING & INFORMATION CENTER OF L0?000039946 SOUTH FLORIDA. LLC MEDICAID PLUS MEDICAID PROVIDER INC. MEDICAID PROVIDERS NETWORK. LLC MEDIC AID RESPONSE SYSTEMS, INC. MEDICAID RESPONSE SYSTEMS MEDICAID AND RETIREMENT ADVISORS, INC. MEDIC-AIDS INC MEDIC-AID SERVICE. CORP. MEDICAID SOFTWARE SOLUTIONS, INC. MEDICAID SOLUTIONS, INC.

T93000001082 P04000136988 L12000058969 ACT 805472 T14563

INACT INACT

P05000057230 268083 P01000104810

INACT INACT INACT

P95000024383 P09000075359

P08000096547

P11000096029

P99000063523 L10000050835 P05000121685 P10000059372 P12000099938 P10000067936 F08353 835048 L12000096404

INACT INACT

INACT

INACT/UA

INACT ACT INACT/UA INACT ACT INACT/UA NAME H8 INACT ACT

THE MEDICAID SOLUTIONS CONSULTANT TEAM NCORPORATED MEDICAID SOLUTIONS AND SENIOR PLACEMENT CONSULTANT TEAM INC. MEDICAID TRANSPORTATION SERVICES. INC. MEDICA INSTRUMENTOS. LLC MEDICA INSURANCE GROUP OF FLORIDA. INC. MEDICA INTERNATIONAL INC MEDICA INTERNATIONAL CORP. MEDICA INTRASOR CORPORATION MEDIC-AIR. INC. MEDIC-AIR. INC. MEDICAIR. LLC

Entity Name List Corporate Name Document Number Status MEDIC-ACCESS INTERNATIONAL INC. P06000073597 INACT MEDICAC MARKETING INC P08000050450 INACT MEDICA CONSULTING, LLC L11000046229 ACT MEDIC ACTION HEALTH SERVICES, INC. P97000014301 INACT MEDIC-ACTION SERVICES, INC. K27640 INACT MEDIC-ACUPUNCTURE LLC L08000000825 INACT MEDICADE, INC. M24264 INACT MEDICA DEL CARIBE. INC. 611957 INACT MEDICADET MEDICAL DESIGN AND MANUFACTURING. LLC

L09000027414 NAME HS

MEDICAESTHETICS, INC. P00000098898 INACT MEDICA GROUP. INC. P03000012513 INACT MEDICA GROUP. LLC L07000019188 INACT THE MEDICA GROUP PREFERRED HOLDING COMPANY

P12000001537 INACT/MG

MEDICA HEALTH LLC L09000033294 INACT MEDICA HEAL THCARE PLANS. INC. P03000068374 ACT MEDICA HEALTH PLANS OF FLORIDA, INC. P05000121690 ACT MEDICAID 4 U, LLC L09000094717 ACT MEDICAID ADVISORY & PLANNING SERVICES INC. P05000013416 INACT MEDICAID ASSET PROTECTION STRATEGIES. INC. P95000091958 INACT MEDICAID ASSIST, INC. P04000111559 ACT MEDICAID ASSIST, INC. P11000086527 INACT MEDICAID ASSISTANCE OF FLORIDA INC. P98000028698 INACT MEDICAID ASSISTANCE NETWORK LLC L09000022372 INACT MEDICAID BENEFITS. INC. P05000016298 INACT

Previous List Next List

Alzheimer's Widow Defrauded by Fla. Trust Fund Lawyer, Say Cops - - CBS News Page 1 of2

June 25, 2010 8:30AM

Alzheimer's Widow Defrauded by Fla. Trust Fund Lawyer, Say Cops By Carlin DeGuerin Miller

Linda Littlefield (WKMG)

WKMG.

KISSIMMEE, Fla. (CBS/WKMG) Linda Littlefield is one trust lawyer who can't be trusted, authorities say.

The central Florida attorney who specializes in elder law is accused of defrauding a client for over $50,000 after the woman asked her to set up a trust fund for her Alzheimer's afflicted husband, the Osceola County Sheriff's Office announced Wednesday.

Four months ago Osceola County deputies received a complaint from a woman claiming Littlefield made unauthorized charges on her late husband's credit card almost a year after he passed away, the Osceola Sheriff's Department told CBS affiliate

The victim told detectives that she contacted Littlefield's firm in February 2006 to set up a trust fund to acquire Medicaid for her Alzheimer's stricken husband.

Several months later, she says, the trust was established with $40,000 and Littlefield told the family that she needed their credit cards and monthly bills in order to balance the trust, detectives told the station.

The woman's husband died in February 2009, but a year later she received a bill for one of his credit cards with a balance of almost $15,000. She claims that at the time she turned the card over it had a zero balance.

After a four-month investigation detectives say they determined that Littlefield made multiple online purchases totaling nearly $54,000, including office furniture and a trip to Cancun, which investigators confirmed Littlefield took in July 2008. Littlefield then used $7,900 from the trust account to pay some of the balances on the credit cards, investigators said.

On June 17, Littlefield met with detectives and told them the charges were made by mistake, even though the online transactions required Littlefield to use the name of the woman's husband, his address and security code.

http:/ /www.cbsnews.com/21 02-504083 _162-20008754.html 2/1/2013

www.cbsnews.com/21

Alzheimer's Widow Defrauded by Fla. Trust Fund Lawyer, Say Cops-- CBS News Page 2 of2

Based on the information, detectives obtained a felony warrant and Littlefield and her attorney met detectives at the Sheriff's office, WKMG reported.

She was booked into the Osceola County Jail and is being held on $2,000 bail.

http://www.cbsnews.com/21 02-504083 _162-20008754.html 211/2013

http://www.cbsnews.com/21

Electronic Articles of Incorporation P10000060938 FILEDFor July 23, 2010

Sec. Of State dwhite

MEDICAID BENEFITS EXPERTS, INC.

The undersigned incorporator, for the purpose of forming a Florida profit corporation, hereby adopts the following Articles of Incorporation:

Article I The name of the corporation is:

MEDICAID BENEFITS EXPERTS, INC.

Article II The principal place of business address:

11010 DALE MABRY HIGHWAY SUITE C TAMPA, FL. 33618

The mailing address of the corporation is: 11010 DALE MABRY HIGHWAY SUITE C TAMPA, FL. 33618

Article III The purpose for which this corporation is organized is:

ANY AND ALL LAWFUL BUSINESS.

Article IV The number of shares the corporation is authorized to issue is:

1000

Article V The name and Florida street address of the registered agent is:

LINDA V ASQUEZLITTLEFIELD 404 BROADWAY KISSIMMEE, FL. 34741

I certifY that I am familiar with and accept the responsibilities of P10000060938 registered agent. FILED

July 23, 2010 Sec. Of State

Registered Agent Signature: LINDA V ASQUEZLITTLEFIELD dwhite

Article VI The name and address of the incorporator is:

LINDA V ASQUEZLITTLEFIELD 11010 DALE MABRY HIGHWAY SUITE C TAMPA, FL 33618

Incorporator Signature: LINDA V ASQUEZLITTLEFIELD

Article VII The initial officer(s) and/or director(s) of the corporation is/are:

Title: P LINDA V ASQUEZLITTLEFIELD 11010 DALE MABRY HIGHWAY TAMPA, FL. 33618

Article VIII The effective date for this corporation shall be:

07/19/2010

www.sunbiz.org - Department of State Page 1 of2

E-Filing Services Document Searches Forms Help Contact Us

Previous on List Next on List Return To List ················-······ Entity Name Search

No Name History I Submit.!

Detail by Entity Name Florida Profit Corporation

MEDICAID BENEFITS EXPERTS, INC.

Filing Information

Document Number P1 0000060938

FEI/EIN Number NONE Date Filed 07/23/2010 State FL Status INACTIVE Effective Date 07/19/2010Last Event ADMIN DISSOLUTION FOR ANNUAL REPORT Event Date Filed 09/23/2011 Event Effective Date NONE

Principal Address

11010 DALE MABRY HIGHWAY SUITE C TAMPA FL 33618

Mailing Address

11010 DALE MABRY HIGHWAY SUITE C TAMPA FL 33618

Registered Agent Name & Address VASQUEZLITILEFIELD, LINDA 404 BROADWAY KISSIMMEE FL 34741 US

Officer/Director Detail

Name & Address

Title P

VASQUEZLITILEFIELD, LINDA 11010 DALE MABRY HIGHWAY TAMPA FL 33618

Annual Reports

No Annual Reports Filed

Document Images

07/23/2010- Domestic Profit r View image in PDF format i

http://sunbiz.org/scripts/cordet.exe?action=DETFIL&inq doc number=P10000060938&inq ... 211/2013

http://sunbiz.org/scripts/cordet.exe?action=DETFIL&inqhttp:www.sunbiz.org

We Can: 0 INFORM you of

Medicaid Rules 0 ADVISE you on how to

protect your assets

0 lMPLEMENT a vhm 0 PREPARE & SUBMIT

your Mcdicnid :L\pplication

0 REPRESENT you before Medicaid agencies

0 ASSIST in hospital discl!at·g,e and nursmg nonw placements

0 SH0W VllaU ho"· save

YOU CfUl thous~inds on

Nursing r~hmw Cart~ ·

0 HELP' :rou qunl.ify for state and fccknll benefits

MEDICAID BEN,EFITS EXPERTS

NURSING HOlVIE

MEDICAID BENEFITS Medicaid is a joint federal and state

program that covers Long Term Care which is not covered under Medicare or Medicare Supplemental Insurance. Unlike Medicare, this program has asset and income eligibility requirements which we can help you meet. Those 65 or older, blind or disabled individuals, or children under age 21 who meet the Medicaid income and asset eligibility requirements may qualify for Medicaid.

Medicaid plalllling can protect your family, your assets, and you from the high cost and difncult processes associated with long tem1 care and nursing homes. If you or a loved one is in need of long term care, nursing home care, or have been denied Medicaid, call the Medicaid Benefits Expe1ts today. Consultations are fi·ee and we can help you get the benefits you deserve.

Helping Disabled Citizens Obtain the

Benefits They Deserve

Call us for a free consultation

(800) 657-1449

11010 Dale Mabry Highway

Tampa, FL 33618

Pagel of4

This ~~~f i:. fcH yr;ur p.

Page 2 of4

"I had just moved here after selling my practice," Ertel said. "I had that money, and I

didn't want to put it in the stock market. We had experienced the dot-com loss, and

that was like about 30 percent or so."

The befriended volunteer had experience with Turbeville through his other company,

Platinum Financial.

"She was just a sweet, old lady," he said. "He (Turbeville) had helped her with a

relative, and they had invested in his thing."

After some discussion, Ertel and his wife invested $2oo,ooo with Brookstone in

2003, with the expectation that their money would grow.

Their portfolio manager, Clifford Popper, worked for another company- Archer

Alexander in Kansas.

Turbeville, who also had worked for Archer Alexander between 2003 and 2005,

provided Ertel a packet outlining what he was investing in - collateralized mortgage obligations - and said Popper would be assigned to them. Along with the packet,

Ertel was given Popper's resume, which seemed impressive, including degrees from

Northwestern University and the University of Florida.

"Mr. Popper began his career as a stock broker in Boca Raton, Florida, catering to the

ultra-wealthy and sophisticated clients looking to participate in the equity and fixed

income markets," Popper's biography page began.

The biography was neatly laid out on Platinum Financial letterhead. The company is

not a registered FINRA member.

Ertel, who now works as the veterinarian for the Polk County Sheriff's Office, said he

felt comfortable with his decision. But in his dealings with Turbeville, Ertel never

spoke with Popper.

It wasn't until later that Ertel learned Archer Alexander was "expelled" from FINRA

in February 2007 for failing to pay $108,ooo in arbitration fees, according to FINRA documents. Popper also had a lengthy history with FINRA.

"It took me years to figure this out," Ertel said.

In January, amid a federal fraud trial in which Popper was accused of defrauding

investors of more than $100 million, Popper killed himself, according to the Miami

Herald. His body was found at his third-story condo in Highland Beach.

MAKING A COMPLAINT

Through statement after statement, Ertel watched nearly $50,000 of his money disappear.

It was 2008, and he wanted out.

Turbeville finally returned what was left of Ertel's investment after turning down

numerous attempts to get it, Ertel said. By then, about 25 percent had been lost.

Ertel filed a complaint with FINRA in September 2008, and the case went before

arbitrators. He learned the process and fought Brookstone's lawyers for his money,

himself, rather than hire a lawyer.

In the end, he prevailed. Or so he thought.

Just days after the judgement from the FINRA arbitrators, Brookstone's lawyers filed

an order to vacate with the circuit court in Hillsborough County.

"I couldn't believe it," Ertel said. "I became the defendant of my money."

http://www.theledger.com/article/20120617/NEWS/120619403?template=printart 211/2013

http://www.theledger.com/article/20120617/NEWS/120619403?template=printart

Page 3 of4

He had 10 days to respond to the court filing and quickly began searching for a

lawyer to represent him. But those recommended to him all had conflicts of interest

in the case.

In one instance, a lawyer told Ertel his conflict was because he had a mortgage

through Community Southern Bank, where Turbeville was then president. Turbeville

is no longer with the company, according to FINRA filings.

Ertel finally decided to represent himself and found an online course that taught him

how to navigate the legal system.

And after numerous depositions and arguments with high-powered lawyers, he won,

according to a final judgement from Circuit Court Judge Herbert Baumann.

''They put me through hell," he said of the arbitration and legal processes. "They put

me through everything."

Turbeville had little to say about Ertel's case.

"I think that that is a matter of public record," he said. "We certainly disagree with

the ruling."

INVESTMENT TROUBLES

Ertel's case isn't the first finding against Brookstone.

In a review of FINRA documents, The Ledger found several instances in which either

Brookstone Securities or Turbeville had been cited for trading violations.

FINRA oversees nearly 4,405 brokerage firms, 162,780 branch offices and 629,865

registered securities representatives.

Since 2005, Brookstone has faced fines and censure and has been ordered to pay

restitution for not following the laws that regulate investment firms. Some of those

findings are pending appeal by the firm, while others have been settled.

Turbeville, Brookstone's owner, also has faced his share of fines and was briefly

suspended from acting in "any principal capacity" by FINRA, according to

documents. Last year, FINRA investigators suspended Turbeville between October

2011 and January 2012 and also fined him $1o,ooo.

In that case, which was settled without any admission of wrongdoing, Turbeville

faced allegations that he "failed to reasonably supervise a registered representative

and failed to follow-up on red flags that should have alerted them to the need to

investigate the representative's sales practices and determine whether trading

restrictions, heightened supervision or discipline were warranted," FINRA

investigators noted in reports.

The investigators also noted in the allegations that Turbeville was aware of a lack of

supervisory controls, that the principals did not review trades or correspondence,

and that the firm's account application process was flawed and Turbeville did not

take steps to address the problems.

In other instances, Brookstone was cited twice in 2011 and three times in 2010 for

various suspected violations, paying settlements of more than $250,000, and was

censured, according to FINRA documents.

In each case, the firm settled and avoided admitting guilt, FINRA records showed.

Brookstone's lawyer, Marc Abramson, likened the company's decision to settle to a

business decision that potentially could save money and time.

Copyright© 2013 TheLedger.com- All rights

reserved. Restricted use only.

http://www.theledger.com/article/20 120617/NEWS/120619403 ?template=printart 2/112013

http://www.theledger.com/article/20

Page 4 of4

By paying the settlement costs, the finn and Turbeville avoided any uncertainties of a

formal arbitration case and avoided increasing legal fees, he said.

Turbeville declined to comment on the cases, saying it would be inappropriate and would constitute a FINRA violation.

Some of the allegations listed in the FINRA documents, ones in which the finn neither accepted nor denied guilt, included misrepresentation, recklessly or

knowingly failing to disclose risk, ignoring the investment wishes of its clients, failure

to supervise representatives of the company, excessive use of margin and accounting

flaws, the documents showed.

By comparison with other investment firms, Morgan Stanley Smith Barney's

Lakeland branch has had no FINRA violations between 2005 and now. And Lakeland

-based Allen & Company has had one in that time because of a clerical error.

A CURRENT CASE

Betty Baker, who met Turbeville through one of his many seminars that targeted

elderly Polk residents, said she doesn't know whether she will get any of her $3,700

back from the troubled broker.

And at 88, the Winter Haven resident is not so sure it would happen in her lifetime. But she is hopeful that she has the same outcome as Ertel.

She provided statements to FINRA investigators in the most recent case and also

provided some testimony at an arbitration hearing last year in South Florida.

There also were other victims in the case that corroborated her story and how

customers were treated, FINRA reports said.

Baker's losses weren't as great as Ertel's, but on a fixed income, every little bit

matters, she said.

''That's why we live in a beat-up mobile home," she said. "A lot of people fell for it."

[Jeremy Maready can be reached atjeremy.maready@theledger.com or 863-802

7592.]

http://www.theledger.com/article/20120617/NEWS/120619403?template=printart 2/1/2013

http://www.theledger.com/article/20120617/NEWS/120619403?template=printartmailto:atjeremy.maready@theledger.com

www.sunbiz.org - Department of State Page 1 of2

Home Contact Us E-Filing Services

Previous on List Next on List Return To List

Document Searches Forms Help

jEntity Name Search

Detail by Entity Name Florida Profit Corporation

PLATINUM BENEFIT PLANNING, INC.

This detail screen does not contain information about the 2013 Annual Report.

Click the 'Search Now' button to determine if the 2013 Annual Report has been filed.

Filing Information

Document Number P00000084265

FEIIEIN Number 593674057

Date Filed 09/01/2000

State FL

Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 07/09/2012

Event Effective Date NONE

Principal Address

2920 DRANE FIELD ROAD LAKELAND FL 33811

Changed 05/20/2010

Mailing Address

PO BOX 8087 LAKELAND FL 33802

Changed 04/30/2001

Registered Agent Name & Address

TURBEVILLE, ANTONY L 2920 DRANE FIELD ROAD LAKELAND FL 33811

Address Changed: 05/20/2010

Officer/Director Detail

Name & Address

TitleD

TURBEVILLE, ANTONY L

?Innon

http:www.sunbiz.org

Previous on List Next on List !Entity Name Search

~~s~trJ!fii!!;~tName History ~i;t~""\ti.~~;

Return To List

2920 DRANE FIELD ROAD LAKELAND FL 33811

Annual Reports

Report Year Filed Date 2010 05/20/2010

2011 02/08/2011 2012 01/24/2012

Document Images

07/09/2012- Name Change

01/24/2012- ANNUAL REPORT

www.sunbiz.org - Department of State Page 2 of2

: Horne 1 Contact us 1 Document Searcl1es ! E-F!iinq Se•vices 1 Forms ! Heh) i

Ccovriqht ~~ and Privacy Policies State of Florida, Depcirtment of State

?/11/?011

http:www.sunbiz.org

--·--- . -· -···-·

(Requesto(s Name)

(Address)

(Address)

(City/State/Zip/Phone #}

D PICK-UP D WAIT 0MAIL

(Business Entity Name)

(Document Number)

Certified Copies __ Certificates of Status __

Special instructions to Filing Officer.

Office Use Only

I IllII II II II 900237099359

07/o~v 1 ,:::----otoofl··-01 n »=*3s. oo

0

....t. ScfiN (J')fTI

O:::oz,1: -o

0,...--iI ,-,>._,.

\.0 ,::ut ->-I-I N c;,-,

~ -.,,

IJUL 11 201Z

T. BROWN

Putnam, Creighton & Airth, PA. Attornqs at Law

AbelA. Putnam Ro6crta). Cn:i91iron1

H. Adam Airth.,Jr., LL.M. ListtB. Lott

500 South. Fforid4Avenuc, Suit£ 300, I...akefan4, Ffol"iitt 33801 106 Avenue f, Soutft.west, Wint£r Haven, Fforit!a 33880 Post O.fflu Box 3545

Llkfan4, Fforid'a. 33802-3545

Phone: (863) 682-1178

fQX: (863) 683-3700 July 6, 2012

Florida Department of State Division of Corporations Registration Section Post Office Box 6327 Tallahassee, Florida 32314

Re: Platinum Financial Planning, Inc., a Florida corporation Document # P00000084265

To whom it may concern:

Enclosed for filing in connection with the above-referenced corporation is anoriginal Articles of Amendment to its Articles of Incorporation. My firm's check number 1869 in the amount of $35.00, in payment of the filing fee.

Thank you for your assistance. Please contact me should you have any questions or require additional information/documentation.

H. Adam Airth, Jr.

HAA/ajr Enclosures

ARTICLES OF AMENDMENT TO ARTICLES OF INCORPORATION OF

PLATINUM FINANCIAL PLANNING, INC. a Florida Corporation

Pursuant to the provisions ofFlorida Statutes Section 607.1006, this corporation adopts the following Articles of Amendment to its Articles oflncorporation:

FIRST: The Articles of Incorporation were filed on September 1, 2000. The document number for this entity is P00000084265.

SECOND: The following amendment and restatement of the First Article of the Articles of Incorporation was adopted by the Corporation:

"FIRST: The name of the Corporation is: "PLATINUM BENEFlT PLANNING, lNC."

THIRD: This amendment was adopted on June 15,2012.

FOURTH: This amendment was approved by the shareholders. The number of votes cast for this amendment was sufficient for approval.

Signed this t ~dayo~ 2012.

c;:::IU::-:?.rn:?>

http:c;:::IU::-:?.rn

Medicaid Eligibility MasterPlan® For

Major Goals:

1. To protect as many assets as possible considering:> but not limited to, the Durable Power of Atton1ey's judgment, instructions, tax considerations, the institutionalized person's -vvishes and family dynamics.

2. To qualify for Institutional Care Medicaid effectiv-

Recommendations:

Platinum Benefit Planning, Inc. cannot guarantee Medicaid eligibility for the month listed, unless the recommendations are completed by the designated dates listed!

These recommendations mnst be followed in the order in which they are listed. Our office is sensitive to the fact that giving deadline dates can be stressful to our clients. Please understand that the Medicaid process is extremely time sensitive. In order for Platinum Benefit Planning, Inc. to obtain :tv1edicaid eligibility for the month listed, the deadline dates must be followed.

li

By initialing the items below you are acknowledging you understand your responsibilities in this process and you as the decision maker considered many available options that were presented. You understand that there are advantages

1

and disadvantages to all presented strategies and that your choices were made based upon your best judgment considering the totality of the available information and therefore release Platinum Benefit Planning, Inc. from any liability based upon later realization that other strategies might have provided more advantages given the benefit of hindsight.

**Please initial each step below after reviewing**

__ 1. To avoid any probate issues which could result in the state recovering funds spent o-,immediately add a beneficiary to any and all accounts o\vned by Client's Name.

• The bank should allow beneficiary designation as one of the following: Pay On Death, Transfer On Death or In Trust For, designation.

• Life Insurance Companies allow Beneficiary Designations.

• Brokerage accounts can typically use Pay On Death or Transfer On Death, designations.

• Real Estate Deeds should be Ladybird Deeds (Enhanced Life Estate Deed). Platinum Benefit Planning, Inc. and it's attorney can assist with this process.

• Provide Platin urn Benefit Planning, Inc. with verification of beneficiary designations for all accounts.

2. No later than consult with the nursing home regarding enrollment for a Medicaid approvecL Medicare part D plan. If you do not enroll into a Medicaid approved, Medicare part D plan, you will be responsible for any and all co-pays. These plans have little to no cost monthly premiums to Medicaid recipients. ***There are a select few Medicaid approved, Medicare

2

part D plans and only the nursing home will know which plan(s) their pharmacy accepts.

3. Immediatelv, ....v~ ........... · fe Insurance Company to request a Polie--.

-- .. loan be taken

• Platinum Benefit Planning will assist you with this process

request a loan be taken sPolic~ Insurance Company to __ 4. Immediately,

• Platinum Benefit Planning will assist you with this process

5. The cash value Life Insurance Policy Life Insurance Policy will be designated as "Burial Account"

• Platinum Benefit Planning Inc. wiU assist you with this process

__ 6. Once the checks for the loans :fro~Life Insurance Company ao~ife Insurance Company are received contact Platinum Benefit Planning Inc. for further instructions

execute a Personal Services Contracts 7.

will agree to perform life.

for service... for the remainder o:ta.l

__ 8. After the Personal Services Contract has been executed, Platinum

account( s) made payable to for payment of the Personal Servkes Contract.

Benefit Planning, Inc. will advise you ofthe exact amounts to obtain in the form of a cashier's check

3

__ 9. The next business day after all of the above actions have been completed; provid~ntout~ the bank to show the balance remaining in all o=-sbank accounts to Platinum Benefit Planning, Inc. ' '

__ 10. Platinum Benefit Planning Inc. will quali~ for Institutional Care Medicaid effective

. ****** CASillERS CHECKS MUST BE USED WHERE INDICT A TED! ******ON ALL EXPENSES (MEDICAL OROTHER) PAID FROM LILY B. MAXWELL'S ACCOUNT.

Conclusion: *

By following the above Financial Recommendations~ ualify for Institutional Care Medicaid effective Only her gross income will be owed to the

nursing home each month and her/his assets will be protected.

• The above conclusion can only be effective if all recommendations are followed exactly. if all income and assets, as well as, all asset transfers that have occmred in the past five years have been disclosed and verified, and if all requested verifications are provided in a timely manner. As processing toward Medicaid eligibility continues it may be ne

UPL Medicaid Public Hearing- Supplement To Written Testimony dated January 31, 2013 Twyla Sketchley to: Lholcomb, Jpicker 02120/2013 09:10AM Cc: "'John Frazier'"

5 attachments

Platinum Benefit Planning- Website. pdf Brookstones Securities- Article.pdf

~ FINRA Hearing Panel Fines Brookstone Securities $1 Million for Fraudulen .... pdf 3504_0001.pdf

-,: Platinum Benefit Planning - Brochure.pdf

Ms. Holcomb & Mr. Picker:

On January 31, 2013, I submitted written testimony for the February 22, 2013 UPL hearing on the issue of UPL by non-attorney Medicaid planners. In that written testimony, I provided an exhibit for the non-attorney Medicaid planning firm, Platinum Benefits Planning that had trademarked the phrase "The Medicaid Experts". A member of our section has forwarded to our UPL committee the attached information about the Platinum Benefits Planning firm that I believe is important for the Bar to consider when determining whether an Advisory Opinion would be necessary to protect Florida consumers.

As you can see from the materials provided, including news reports from the local paper where the firm is located, the principal behind Platinum Benefits Planning has had some very serious difficulties with FINRA with regard to his securities sales practice, leading to the suspension of his securities license, fines and closing of his previous business. However, those issues have not stopped him from engaging in "Medicaid planning" for Florida vulnerable consumers. A review of his website materials and marketing brochure, there may be possible unlicensed practice of law issues related to his "Medicaid planning."

Please add these materials as a supplement to my writ:ten testimony submitted on January 31, 2013.

Thank you for your consideration.

Twyla Sketchley Florida Bar Board Certified In Elder Law, Licensed in Florida and Montana Chair, Elder Law Section of The Florida Bar 2012-2013

THE SKETCHLEY LAW FIRM, P.A. The Professional Center at SouthWood 3689 Coolidge Court, Suite 8 Tallahassee, FL 32311 Telephone (850) 894-0152

Facsimile (850) 297-2884 www.sketchleylaw.com

If you have an urgent message or if you have not heard from me in response to your e-mail, telephone

me. PLEASE DO NOT ASSUME YOUR EMAIL HAS BEEN RECEIVED.

This e-mail, together with any attachments, is confidential. It is intended only for the recipient(s) named above and may contain information that is privileged, protected as attorney work product or otherwise exempt from disclosure under applicable law. If you have received this e-mail in error, or are not the named recipient(s), you are hereby notified that any use, dissemination, distribution or copying of this e-mail, any of its contents or any attachments is strictly prohibited. Please immediately notify the sender at twyla@sketchleylaw.com and delete this e-mail and any attachments from you computer. You should not retain, copy or use this e-mail or any attachments for any purpose, or disclose all or any

part of the contents to any person or entity.

PLEASE CONSIDER THE ENVIRONMENT BEFORE

YOU PRINT THIS E-MAIL.

mailto:twyla@sketchleylaw.comhttp:www.sketchleylaw.com

Qqlck CoQtact

Name

Plmne Number

~E=ma==t!====================~' Tell us how we c:a:n help

J

Welcome to Platinum Benefit Planning, tno.. At Platinum we are commttl:ed to helping your family gain govemm!'nt benefits while providing compassion, cheerfulne

Quick Contact

.,Name

IPhone Number

Tell us howw,;, t.an help

Mission Statement

'' To file for andreceive optimal governmentbenefit~ afterproperly protectingmaximum resource~ for seniors needing Long Term Care in the State ofFlorida. n

QuiCk ContaCt

IPhane Num~r ·~Email

Tell u• hew we am heip

Asset Planning There are multiple strategies. and tools that may be Integrated into your financial pian to protm your assets. Platinum Benefit Planning can help you sei«tand refine the appropriate asset protection and asset diversification strategies for your linandal asset needs. Your As:set Plan should indude a legal wilL powers ofattorney, an 1!5tate plan. and potentially a trust- all of which will help you keep more ofyour hard-eamed money and pass on more ofyour assets to your heirs(ratherthan the IRS.}. Platinum Benefit Planning can assist you and your family with long-term care planning. Perhaps you don't need long-term care today: but being prepared for a long-term illness now can alleviate stress and associated costs In the future. whether you pun:hase long-term care insurance or not.

Planning how to· properly protect. preserve. and pass along your estate to your heirs Is one of the most vital components ofyour OVi!rall financial well being. Platinum Benefit Planning will work with you to customize a strategy to meet your long-term goals and needs. Whether you are trYing to minimize the Impact oftaxes orsimply guarantee your heirs will receive what you originally planned. Platinum Benefit Planning will work with you In planning today, and v,rlth your heirs In executing future strategies.

r-.......'-"'-'"---'--'-=-"-------, ] Name I

' -~~ -~P:::·hl:=:~e=N=um::·::be::.r::..::.-::::::::::::::::::::::::::::::-::;. . . ., Email __ I ~::::::::::::::::::::::::::::::::::::::::::::::::::=;-.

Tell liS how..,. e

Program Requiremen,ts There are essentially Three Medkaid Programs that ;:over Long Term care In the State of Florida.

1. The Medlc:ald Waivef' ProgJ"am- A program funded by the state and federal gov't and administered at the county level rovering limited home health ;:are and assisted Irving care. Limited funding.(Possible work around)

2. The Medicaid Dinrsion Program -A program funded by the state and federal gov't and administered at the state level covering limited home health rare and assisted living ;::are. Limited funding. {Possible work around}

3. The Medicaid Institutional care Program OCP)- A program funded by the state and administered by the state and mderal gov't covering the cost ofnursing home care. NonLimited funding.

All three programs have virtually identical primary requirements from a qualification standpoint.

1. M~meeta nursing homelevt!'lofcare

a. lktermined by a doctor on form 300S for nursing home care

b. ~ermined by the CARES unit for HHC and ALF

2. Must meet asset requirements {to follow}

3. Must meet Income rectulrements not to exceed {Gross Income'}

a. $2..0941ndMdual (unfessa Qualified lnrome Trust Is utilized)

b. $Unlimited for Community Spouse

The home health care benefits are non-standardized and subject to DCP's subjective determination.

The assisted living benefits are non-standardized because each fadlity negotiates Its own contract and determines the amountofmonthly;::ostthatisfor"Room and Boardwwhich is

payable by the patient. So while the patil!flt may qualify for benefits the facility to be utilized will determine the patient's portion of bill responsibility.

Choose below to schedu,lean appointment.

Medicaid Asset Evaluatio·n 1. Home (not to exceed $525.000< In equity}

2. $2000 Individual

3. $113,640 community spouse

4. Onecar

5. Prepaid burial accounts

6. $2.500 burial account

7. Cash Value life insurance not to exceed $2500 of face amount

&. Other Non-countable Resources~ Key To Asset Protection)

MOST IF NOT ALL OF THESE ASSETS CAN, WITH SKILL AND PROPER STRUCTURING, BE SHIFTED TO NON-COUNTABLE STATUS AND THEREBY ALLOW MEDICAID ICP QUALIFICATION.

Any assets beyond these amounts will likely disqualify an individual for benefits. Assets that are Included for calculating these numbers are cash, checking. savings. cd's. savings bonds, life Insurance cash values, stocks. bonds. mutual funds. other serurltles. collectibles, real estate. time shares, promissory notes due you, automobiles.. boats, motor homes. anything with a title, livestock. anything else ofvalue.

Many of these excess assets can. with skill and proper structuring. be shifted to Non-countable or eKempt assets that will be "Invisible" for calrulatlng Medkald benefits.

Quick()o~,

Choose below to schedule an ·appointment.

---------------------------------------------------,, Single or Married Appficant A nursing home M€dicaid applicant (married or single} can have gross income up to $2,004. If

the applicant has more than $2.0941n gross Income then an income trust is necessary to qualifb~~

An Income Trust is a MUST fur extess Income.

Essentially an Income Trust Isa legal entity created on paper and used to open a bank account in the name of the trust with Itsown Tax Identification Number.An Income Trust is Irrevocable.

meaning money cannot~ taken back and the terms ofthe trust cannot be altered.

The excess gross Income over the $2.094 M!.!.fi be deposited Into the Income Trust In the month the income Is received. Out of the trust only a few expenses can be paid -nursing home bills. other medical expenses and spousal diversion (explained In next section), Income left In the trust: after the benefidary (nursing home patient) passes away Is payable to the stateof Florida.

y , LNa::;:m:::e============;,~· ,,,

' ' ' '

Qqick Contact, I I

Pho~eNumber·

fl ' L,.-,-,,.,..-,-__,..,--,--..,.,.,.,.,...,.......,~--..!

Spousal Income Diversion Income diversion Is. designed to keep thecommunity spouse from becoming impoverished if possible

The way itworks

lftheconfined spouse has any Income and the community spouse has less than $1,892 of Income then income from the confiMd spouse can be diverted to the community spouse. Further ifhousing expenses {mortgage payment electric. taxes. Insurance. water, garbage, association fees) Is In excess of $568 per month then additional diversion can occur to the

community spouse up to a maximum diversion of$2.84t.The following is an example calculation and assumes the confined spouse has income to divert

How Income Oiven,ion IsCalculated

Community Spouse Resource Allowance (set annually) $1.892(min)

Community Spouse Income __(_500___)

____$1,3g2__ Diversion From Confined Spouse

Housing Expenses above 1568 ____200__

Total Diversion (not to exCJl!ed S2.841) ___$1.592_

. I P~neNu~~er

· Tell us how we· can help

1 .~-~ I I

Platinum Benefit eStore

Documents Pricing

Power Of Attorney

IName

IEmail ~ · Tell us h!>Wwe r.an help

t. t··L...,..,--,,--~~~-,-,~~,-----:..,.,...,_.aJ ~ .

---·-~----·---...-···-----·-·•~-----

~------ -·-···-··1 Income Trust !

lncume Trust

__________j

·..-~,.,..____.____w••---·--·---·-·---·----..~---------··-- !·

Choose beloW bJ schedule an appointment.

~~tims""'desigr.ootoprug!tlprop;!

Healthcare Professionals • Me-dic.aid related standards

• Florida DAAartmentcfChildren and Families; AC:CESS Policy Manyal

Form Tool&

jlJ Referral R~lea:seOptions

ill Refi!rral Rele~ lit Speed Script and Questionnaire

JName

Choose below to schedule .an appointment.

--------------------------------

Platinum Benefit Planning, Inc. {Platinum) Referral Form

The facility listed below has provided me several options of companies and/or professionals to help with the Medicaid planning and application process. The facility has made no recommendation as to which person or company I should use. By signing below I am requesting that the facility communicate with Platinum Benefit Planning, Inc. that I am interested in its services. I fully understand that I am free to

pursue other professionals and services in addition to, or instead of, Platinum Benefit Planning Inc.

I,------------------(Client), on behalf of myself and as Durable Power of Attorney

for------------------- (Patient), authorize

-----------------(Facility), to release my contact information to Platinum Benefit

Planning, Inc. (Platinum) so that it's representative may contact me or be aware that I will be contacting them in regards

to helping the Patient qualify for Medicaid ICP benefits. I also authorize the Facility to release other information

regarding the Patient and myself to Platinum, as the facility and /or Platinum deems necessary.

On behalf of self and/or patient Date

Name of Signor

Witness Date

Name of Witness Contact Information

Contact (client) Name--------------------------

Contact (client) Address _______________ city______ zip___

Phone Number_(h)_______(c)_______(w),______

Call me (circle one) Immediately ____ On (date)____ (time)_____

I will contact Platinum ___

Facility - Fax This Form Upon Completion To Platinum Benefit Planning, Inc at (863} 904-0196

FacWty questions can be directed to your field rep through the main switchboard at 1 (BOO} 582-1934 or directly to his/her cell phone. Melissa Hobkirk (863} 430-9331 -Jennifer Wade {352) 231-0109- Antony Turbeville (863) 838-5802

Platinum Benefit Planning Referral Form

I,------------------(Client), on behalf of myself and as Durable

Power of Attorney for------------------- (Patient), authorize

-----------------(Facility), to release my contact information to

Platinum Benefit Planning, Inc. (Platinum) so that it's representative may contact me in regards to

h·elping Patient qualify for Medicaid ICP benefits. I also authorize Facility to release information

regarding Patient and myself to Platinum, as Platinum deems necessary.

On behalf of self and/or patient Date

Name of Signor

Witness Date

Name of Witness

Contact Information

Contact (client) Name--------------------------

Contact (client) Address--------------- city______ zip___

Phone Number_(h)_______(c)_______(w)______

Call me (circle one) Immediately ____ On (date)_____ (time)_____

I will contact Platinum ___

Facility- Fax This Form Upon Completion To Platinum Benefit Planning, Inc at (863} 904-0196

Facility questions can be directed to your field rep through the main switchboard at 1 {800} 582-1934

Speed Script and Questionnaire

I am going to ask you a number of straightforward questions about your finances.

I must do this to determine if the patient qualifies for Governmental Benefits in the event he/she has to

be here longer than Medicare and any supplement insurance is able to pay.

If it appears that the patient does qualify for benefits, our facility will be happy to apply for those

benefits for you as a courtesy and you can provide ____ with all of the paperwork we will need.

I will provide you:

1) A list of that paperwork

2) The contact information for ____ who will be filing your application with

Medicaid

If it appears the patient does not qualify for Government Benefits, you will have two choices:

1) Pay privately at a rate of approximately$____ per month plus any incidental charges such as medications, incontinence products, etc.

2) Utilize a competent Medicaid Planner to help structure the patient's affairs in such a

way that Government Benefits are available-

a. meaning, that the patient may only be responsible for

i. little or

ii. none of the bill

b. This type of planning is a common practice

c. While I cannot recommend a company-

i. I can provide you a brochure of a company(ies) that specialize in this exact

1. type of planning and

2. application process

Disclosure: It is very important that you think carefully about the questions; because if you forget

something, it may later create a financial or legal problem for the patient or patient's family that may be

difficult or impossible to fix. My understanding is that most things can be fixed, if they are dealt with in

advance.

In addition, If it appears that the patient does qualify, ____ here at the facility will be signing as

your personal representative at Medicaid. That means will be representing to MediCaid

that the information provided is true and correct and while oversight is not considered "fraud",

intentionally not disclosing something is. Obviously no one would want that. Further, even oversights

can later create problems with past benefits.

Does all of that make sense?

O.K., if any ofthe questions I will be asking are not clear, please ask me to repeat and/or clarify.

Provided Courtesy of Platinum Benefit Planning, Inc. {Office) 1-800-582-1934 (Fax) 863-904-0196

Speed Questionnaire (married)

Married Patient

Ask the following questions

Does the patient have more than $2,130 in GROSS monthly income Yes No

If yes- refer for an income trust

Is the estimated value of the home worth more than $536,000 Yes No

If yes -refer to a Medicaid Planner

Does the combined assets of both the patient and spouse (excluding the most expensive

automobile and the primary residence} equal more than $115,920? (consider using page 7

of the Platinum Benefit Planning, Inc. brochure as a quick memory jogger} Yes No

If yes- refer to a Medicaid Planner

Has either the spouse or patient given away anything more than a typical birthday or

Christmas gift, church tithe, or sold something for less than it was worth in the last 5

years? Yes No

If Yes - refer to a Medicaid Planner

Has either the spouse or patient reimbursed ANYONE for expenses. For example, a child goes to

Walmart, Sears, Target, a grocery store, auto repair shop, etc. and pays for something on Mom

or Dad's behalfand then has Mom or Dad reimburse them for the expense paid. Note: (unless

there is a written reimbursement agreement in place prior to the reimbursement Florida

Medicaid Policy considers such a reimbursement as a gift). Yes No

If Yes - refer to a Medicaid Planner

If all answers are "NO", ask for 3 months *(PRIOR TO ADMISSION} bank statements, funeral

agreements (irrevocable}, life insurance policies, and any other documents related to finances,

marriage certificate, Medicare and SS Cards (see attached list}

*This is a new requirement

Provided Courtesy of Platinum Benefit Planning, Inc. (Office) 1-800-582-1934 (Fax) 863-904-0196

IName I~none Number I IEmail Tell us haw we can help

I

-c

Testimonials

II I was given Platinum name and information after my uncle fell and could oo longer liva on hfs own. Initially, I Intended to handle my uncle's affairs myself. After all, my mother spent the last 2 J.2 years In a nursing home In Illinois and I handled her placement. I was wrong. I soon found myself overwhelmed with the prospect oftrying to preserve my uncle's hard earned assets and getting him the care he needed. I never could have maneuvered myway through the Medicaid maze of paperwork without the help of Platinum. I would have been able to protect my uncle's assets without their help.

money spent and I highly recommend them.ll

11..

II Platinum has proven their expertise in regard to seniors and their unique drcumstances, and they proven themselves in theareas ofcompassion and care for those they right by everyone I haw pointed their way./}

ll1 cannotthank]enna and Lori enough for all the help and information they gave us. They answered all ofour questions in a timely manner. They walked us through the things we didn't understand. and told us just what we had to do. My brother was accepted by Medicaid. well worth the moneyjust for that. not to mention the money we did

Platinum to everyone.ll

II Platinum did a great and professional job in getting and receiving Medicaid fur our Mom. Lorrs assistance and knov.•ledge made us fe.el betterabout the problems we were fadng. The staffat Platinum was and continues to be helpful with every vistt and phone call. Without

-E.

m and their staffthe process would not have been possible. Thank you

FL

Choose below to schedule an appointment.

http:everyone.ll

II Processing an application fur Medicaid is a long and difficult process. From the initial interview with the owner of Platinum when all the options. were discussed and the Plan was laid out for the application process was decided, it was evident all the, details ofthe process would go aaording to the Plan.jenna, Medicaid Coordinator for P'latinum. proved to be v~Hy efficient and well informed in all the details that had to be processed, and the actions were accomplished in a timely fashion. With all the frustrations that come with type ofapplication, she was always calm and very pleasant and she was a pleasu II

.... r;. Ft.

II Platinum was very helpful and efficient while going though the process ofenrolling my mother in Medicaid., Melissa and Lori were never too busy to answer questions, return my phone calls or make, phone calls on my behaltAt first I wasn't sure if I should spend the money to hire an outside, service for the Medicaid paperwork. Itwas one ofthe best decisions ever made.ltwasall handled e,ffidently. and made my lire much less stressful have been.II

""'D.

II jenna has been very professionaL She knows what she is doingand has made me feel like· I could askquestions{which I certainly have)withoutfefdingstupid or an inconve,nlence. The receptionists. whether on the phone or in person, have been very courteous and professional as \VEil. Most importantly, Platinum sorted thro·ugh the ovenvhelming mountain of issues that had accumulated to stand in my Mom's way of getting id and helped us find away to get her there. I couldn't be more, thankful. You have· s.end.IJ

FJ.

A Message from Antony l. TurbeviUf:'!'

These are just a few ofthe testimonials available from almost 2.000 happy clients. We are the most customer oriented, results focused firm in the Medicaid Planning bus.!ness. Not only do we fix normal problems. we are sometimes hired to fix problems created by other "Medicaid Planners". It's a very technical business that many people don't understand. We, understand

It work with it and getyourc.asethrough the, bureaucratic maze .and complex rules.

We want your bus.inesst In return. we'll do the job better than any other company in the business. We're so sure we'll be successful that we put in writing our refund policy -Ifwe can't ac:c:omplfs.h what we sayt We will refund your fee in full. To our Knowledge no one else in the

business does that.

Ifyou're privately paying a nursing home~ 1.ve are the, answer.

Call Us: {855) 33~2438

I

. - . :'Quick (:ontact .

}~ame J

'~'P=h::o=n=e=N=u=m=be=r=========:::' jEmail

~==============:::::::::: . T cll us how we can help

Pricing At Platinum. Each case i~ customized. Unlike many firms and attorneys In this business. we have no cookiecutter approaches. Every family Is unique and every "Medicaid Eligibility

MasterPlan"* Is also unique.

During our Initial consultation, after we have evaluated all of the facts, resources. and strategies to be utilized, we will quotaa flat fee· that CO\.I'efSall ofour costs. We will not bill you •extra~·. This flat fee Includes the entire process. Even In the highly unlikely event a Fair Hearing becomes necessary, you pay nothingextra. Be aware however, that necessary legal documents, transaction costs related to Real Estate strategies and other outside costs. Ifany, are not included and must be paid separately.

Further. weguarantee in writing. our money back:guarantee pollcy.lfwe do not obtain the benefits for the month applied for, we will refund your fue in full. We have never needed to

refund a fee. Remember, we are -rhe Medicaid Experts""'.

Ifyou would like to immediately schedule a meeting to assess your family's income and asset protection options. even ifyour loved one is already in an assisted IMng facility or nursing home, please click the appropriate linkon the right and we will schedule a meeting ofyour choice In the VERY NEAR FUTUR8

It is never to late tosave assetl for the family. Even ifyour loved one has been in a nursing home for months or years, as long as assets remain, most Ifnot all of thos.e assets can be saved!

1

Choose below to sch"ule .an appointment.

1~- I .~fP:::h=on=e=N=u=rn=ber=========::;,

~Emsi! .1 Tell U5 how we t

Q! Is Medicaid in Florida the sameas in otherstates?

Answer: There are some similarities and some dlfferem:es.lt ts Important to work wtth a knowledgeuble financial planner orelder law attorney who is a Medicaid specialist and Is familiar with the Medicaid rules in Florida and In other states.

Q! What should I expect from my Medicaid Planner?

Answer: A free consultation. sometimes more than once; expertise from years ofworkingwith DCF; representation at the Medicaid office for you; fee should be known before hiring your planner.

Q! Is it necessary to have an elder law att.omey fur Medicaid planning?

Answer: It ts. not necessary to have an elder law attorney do your Medicaid planning. You do need a person who knows. Medicaid policy and understands the Medicaid application process. The DlrectorofMarketlngand Medicaid Services at Platinum Financial Planning. Inc. is Melissa

Hobkirk. who has 18years experience working in Medicaid for DCF and 9 years working with

Certified Financial Planner Antony l. Turbeville ofPlatinum Financial Planning. A competent attorney is available to assist with any legal paparwork that also needs. to be done.

Q: If I gave away something2 years ago. am I ineligible for Medicaid now?

Answer: One may become Ineligible fur Mwicaid beGuse ofgiving .something away In the last 5 years.. There are several variables to consider s.udl as how much was given. when itwas given and ifa trust was involved.

Q; Ifmy husband has to go into the nurs.ing home. how will I be able to live on just my Social Security incomewhich is rathersmall?

Answer: Medicaid has.a formula todetermine the amount needed to be diverted from the 'nursing home spouse's' income to the 'community spouse' in Of'der to allow the community

spouse to continue living in their own home. This is the Minimum Monthly Maintenance

Income Allowance. which provides the community spouse an income ofat le.ast $1.822 per

month, Including receiving money from the nursing home spouse's income, ifneeded. E:x·cess

diversion funding is available up to $2.73!1' monthly, tfhousingcostsexceed $547 per month.

http:dlfferem:es.lt

Q: What ifsomeone in a nursing home wants to gift money to a family inem!J.e,r?

Answer: Depending on aperson's specific. individual circumstances and the timing of the gift. it may be possible to give some money to a family memb.er without causing Medicaid ineligibility. Call us to see ifthi:s is appropriate for your situation .

...... , .. ,, .. ,_,_~o

Th1scopy is lor your personal, noncornmercial use only. You can omerpresentatEon-ready copies for distribution to your colleagues, clients or cuaomers here or use the ..Repnntff tool that appears above any article. Order a reprint of this article now.

Lakeland's Brookstone Securities Closes While It Appeals Fines By Jeremy Mar"eadu

THE LEDGER

Published: Thursday, June14, 2012 at 6:oop.m.

LAKELAND I Brookstone Securities in Lakeland closed its doors to business Thursday as the

company appeals orders to pay more than $2.6

million in fines and restitution levied against it

and several of its employees.

Brookstone 's owner, Antony Turbeville, said

Thursday he does not plan to reopen the

business at 2920 Drane Field Road in Lakeland

"The firm has decided to close for business while

we pursue our appeal," he said.

The company has been in business since 2005, according to records at the Financial

Industry Regulatory Authority.

Last week, the authority fined the company $1 million. Turbeville and broker

Christopher Kline were ordered to pay more than $1.6 million in restitution because

they "made fraudulent sales" to elderly clients without notifying them of potential

risks, according to FINRA documents.

Turbeville and Kline were also barred from the securities industry, last week's ruling

said.

The authority also barred the company's chief compliance officer, David Locy, from

any supervisory or principal capacity, suspended him in all capacities for two years

and fined him $25,000.

But those penalties are on hold while the company appeals the ruling. Brookstone

filed its appeal Tuesday, according to FINRA reports.

The company's current chief executive officer, Paul Richardson, did not return a call

for comment.

FINRA found that between July 2005 and July 2007, Turbeville and Kline "intentionally made fraudulent misrepresentations and omissions" to elderly and

unsophisticated customers regarding the risks associated with investing in

collateralized mortgage obligations.

At the time, the investors were seeking safer alternatives to their equity

investments, the ruling said, but Turbeville and Kline "preyed on their elderly

customers' greatest fears" to get them to invest in unstable investments.

During the two-year period, Brookstone made $492,500 in commissions on bond

transactions from seven customers who lost $1,620,100, the ruling said

The panel also noted Locy ignored his responsibility as chief compliance officer and

BROOKSTONE SECURITIES shares an office with Platinum Financial on Drane Field

Road in lakeland. Both are owned by Antony Turbeville. (BRYAN SOROKA I SPECIAL TO THE LEDGER)

BUSINESS EDUCATION NURSING

Get started now!

APPLYTOD:AY Classes begin March 4

"looked the other way while Turbeville and Kline traded CMO accounts that were

unsuitable for their customers."

On Thursday, Turbeville said customers' investments are all held with First

Southwest, a Texas-based company.

"We don't custody any money here," he said. "We will have someone here with

liquidation orders."

Turbeville provided little information Thursday on what will happen to the

company's nearly 20 employees.

"They will not be employed by Brookstone," he said "That's a question you would

need to have with each individual employee."

Turbeville said his other company, Platinum Financial Planning, which is in the same

building as Brookstone, would not be able to absorb Brookstone's employees.

Platinum Financial, which has offices in Lakeland and Clearwater, specializes in

financial planning for seniors.

Turbeville also has other companies he owns listed in FINRA documents.

The companies in which Turbeville has 100 percent ownership include T Squared

Financial Group, Brookstone Capital Management LLC, Brookstone Note Services

LLC and Broker Dealer Match LLC, according to FINRA reports.

He also has other business activities with Eastern Kentucky Land & Wucllife LLC;

Forward Funding Partners LLC; American Heritage Hardwoods; and BD Switch LLC,

which is described as a recruiting firm, the reports said.

Turbeville also is the former chairman of Community Southern Bank in Lakeland, the

reports said He resigned in July 2011.

[Jeremy Maready can be reached atjeremy.maready@theledger.com or 863-802

7592.]

Copyright © 2013 TheLedger.com- All rights reserved. Restricted use ortly.

mailto:atjeremy.maready@theledger.com

NEWS RELEASE

For Release: June 4, 2012 Contacts: Michelle Ong (202) 728-8464

Nancy Condon (202) 728-8379

Brookstone Securities, Inc., Antony Lee Turbeville, Christopher Dean Kline and David William Locy Action

FINRA Hearing Panel Fines Brookstone Securities $1 Million for Fraudulent Sales of CMOs to Elderly

Full Restitution of Over $1.6 Million Ordered to Customers; Firm's CEO and Broker Barred; Former Compliance Officer Barred as Principal

WASHINGTON- The Financial Industry Regulatory Authority (FINRA) announced today that a FINRA hearing panel ruled that Brooks tone Securities of Lakeland, FL, and the firm's Owner/CEO Antony Turbe"llille and one of the firm's brokers, Christopher Kline, made fraudulent sales of collateralized mortgage obligations (CMOs) to

unsophisticated, elderly and retired in\estors. The panel fined Brookstone $1 million and ordered it to pay restitution of more than $1.6 million to customers, with $440,600 of that amount imposed jointly and se\erally with

Turbe"llille, and the remaining $1,179,500 imposed jointly and se\erally with Kline.

The panel also barred Turbe"llille and Kline from the securities industry, and barred Brookstone's former Chief

Compliance Officer Da"llid Locy from acting in any super"llisory or principal capacity, suspended him in all capacities for two years and fined him $25,000. The ruling resol\es charges brought by FINRA in December 2009.

The panel found that from July 2005 through July 2007, Turbe"llille and Kline intentionally made fraudulent misrepresentations and omissions to elderly and unsophisticated customers regarding the risks associated with in\esting in CMOs. All of the affected customers were retired in\estors looking for safer altemati\es to equity in\estments. According to the decision, Turbe"llille and Kline "preyed on their elderly customers' greatest fears,"

such as losing their assets to nursing homes and becoming destitute during their retirement and old age, in order to induce them to purchase unsuitable CMOs. By 2005, interest rates were increasing, and the negath.e effect on

CMOs was e"llident to Turbe"llille and Kline, yet they did not explain the changing conditions to their customers.

Instead, they led customers to belie\e that the CMOs were "go\emment-guaranteed bonds" that preser-.ed capital and generated 10 percent to 15 percent returns. During the two-year period, Brookstone made $492,500 in commissions on CMO bond transactions from se\en customers named in the December 2009 complaint, while those same customers lost $1,620,100.

Two of Kline's customers were elderly widows with \ery limited in\estment knowledge, who, wlnerable after their

husbands' deaths, were con"llinced to in\est their retirement sa"llings in risky CMOs. Kline told the widows that they could not lose money in CMOs because they were go\emment-guaranteed bonds, and Kline further increased their risk by trading on margin.

Also, the panel noted that Locy completely ignored his responsibility as chief compliance officer and "should ha"\e

been a line of defense against Turbe"llille's and Kline's egregious conduct," but instead "he looked the other way while Turbe"llille and Kline traded CMO accounts that were unsuitable for their customers."

The hearing panel concluded that Brookstone was responsible for Turbe"llille's and Kline's action. According to the

decision, "the firm neither acknowledged nor accepted responsibility for the misconduct at issue in this matter. Instead, through Turbe"llille and Kline, it attempted to blame the customers for their own losses."

Unless the hearing panel's decision is appealed to FINRA's National Adjudicatory Council (NAG) or is called for re"lliew by the NAC, the hearing panel's decision becomes final after 45 days.

http:preser-.ed

ln-.estors can obtain more information about, and the disciplinary record of, any FINRA-registered broker or brokerage firm by using FINRA's BrokerCheck. FINRA makes BrokerCheck available at no charge. In 2011, members of the public used this sel"\Ace to conduct 14.2 million re~ews of broker or firm records. ln-.estors can access BrokerCheck at www.finra.org/brokercheck or by calling (800) 289-9999. ln-.estors may find copies of this disciplinary action as well as other disciplinary documents in FINRA's Disciplinary Actions Online database.

FINRA, the Financial Industry Regulatory Authority, is the largest independent regulator for all securities firms doing business in the United States. FINRA is dedicated to in-.estor protection and market integrity through effecti-.e and efficient regulation and complementary compliance and technology-based sel"\Aces. FINRA touches ~rtually e-.ery aspect of the securities business -from registering and educating all industry participants to examining securities firms, writing rules, enforcing those rules and the federal securities laws, informing and educating the in-.esting public, pro~ding trade reporting and other industry utilities, and administering the largest dispute resolution forum for im.estors and firms. For more information, please ~sit www. finra.org.

©2013 FINRA. All rights reser.ed. FINRA is a registered trademark of the Financial Industry Regulatory Authority, Inc.

http:reser.edhttp:finra.orgwww.finra.org/brokercheck

http://www.theledger.comlarticle/20120622/NEWS/120629773?templ...

1bio copris toryD11rpe- non- use on~ 'lbu can om«pro&enlaliorH9ad}'copeo for dislribufjaft to,._.. aoleag\Je:S. clents arCU!IItunoca -.or use lbe ~·tool lhal appears. abo'll8 anyafiCLORJera reprirtoflhis aftn[M.

Invesbnent Firm Already Faces Fines

2 Agencies Investigate Troubled Lakeland Company Brookstone Securities

Brookstone also faces an investigation by the Florida Oflice ofFinancial Regulation.

ByJtl!l!!!!YMgrrpdy THE LEDGER

Published: Friday,June22,2012 at11:02 p.m.

LAKELAND I Investigations continue into troubled investment firm Brookstone Securities, according to documents obtained by

The Ledger.

Earlier this week, Robert Noyes, rurector of

corporate security for the Ymancial Industry Re latory Autho •ty ested ff-d ty with Platinum Fmancial on Drane F~eldRoad

gu n 'requ an o u lnLakelarui.BothareownedbyAntoDy Polk County Sheriffs deputy accompany agency Turbeville. (BltY.AN SOitOKA 1SPECIAL TO examiners, according to a Sheriffs Office nm LEDGER)

document.

The off-duty contract was approved, and the deputy was assigned to Brookstone's

Lakeland office at 2920 Drane Field Road on Tuesday and Wednesday.

The document didn't detail what the deputy would do. It only said, "Further

information to follow."

FINRA, which is a non-governmental regulator for the securities industry, does not commenton ongoing investigations, spokeswoman Michelle Ong said.

Brookstone, which closed more than a week ago, also is facing an investigation by the Florida Office ofFinancial Regulation.

That state agency also won't discuss examinations, spokeswoman Amy Alexander said.

Brookstone'sowner,AntonyTurbeVI1le, has said he doesn't plan to reopen the business. He did not return a call seeking comment Friday.

Earlier this month, FINRA fined the company $1 million, and Turbeville and broker Christopher Kline were ordered to pay more than $1.6 million in restitution because they "made fraudulent sales" to elderly clients without notifying them of potential risks, according to the agency's documents.

Turbeville and Kline were also barred from the securities industry, last week's ruling said, and the company's chief compliance officer, David Lacy, was barred from any

supervisory or principal capacity, suspended in all capacities for two years and fined

$25,000.

Those penalties are on hold while the company appeals the ruling. Brookstone filed

its appeal June 12, according to FINRA reports.

On Wednesday, Brookstone requested to terminate its registrations with FINRA and

1555 1st Street S • Winter- Haven

(863) 508·6693

1 of2 2/20/2013 8:32 AM

http://www.theledger.comlarticle/20120622/NEWS/120629773?templ

----···· •... ··-···.-·-·- ...,..·-·------···----·...~-········---·-·-.....

http://www.tb.eledger.com/article/20120622/NEWS/120629773?templ...

the U.S. Securities and Exchange Commission, according to the agency's database.

The company also shut down its website. A short message directs clients who to call about their investments: "Brookstone Securities has ceased operations. For any

servicing or questions related to your Brookstone account held at Flrst Southwest

Company please call Soo-664-3792."

[Jeremy Maready canbe reached at jeremy.maready@theledger.com or

86g-8o2-7592. ]

Copyright© 2013 TheLedger.com- All rights reserved. Restricted use only.

2/20/2013 8:32AM2 of2

http://www.tb.eledger.com/article/20120622/NEWS/120629773?templ

----··--·······-----~----·----·------··

http:/ /www.1heledger_com/article/20 120617 !NEWS/120619403?templ...

BROOKSTONESECURITIES

Complaints Dogged Shuttered Firm

At least one customer won a $55,000 judgment; other cases were settled, regulatory records show.

THE LEDGER

Published: Sunday, June J7, .2012 ats:u a.m.

LAKELAND IA letter and an accompanying check for $ss.ooo from Lakeland-based Brookstone Securities capped off a nearly

3-year legal battle for Joseph Ertel.

At the top of the letter sent last year, a final

message was inscribed by the lakeland finn's owner, Antony Turbeville: "Maze! Tov! Tony. •

Antony 1\ubeville conducts a financial seminar

It was the last correspondence the two had after for seniois at the Lakeland Center in October . hip 1998a tumu1tuous, s-year reiations .

The Ledger found Ertel's case among several that have faced the firm and Turbeville in recent years, according to documents from the Financial Industry Regulatory Authority. The authority has ordered Turbeville, his now-shuttered company and some employees to pay nearly $3 million in fines, fees and restitution.

Some of the previous cases had been settled, and Turbeville declined to comment on them, saying it would be a FINRA violation to do so.

Ofthat amount, Turbeville, along with his firm and two employees, were fined about $2-6 million last week because they "made fraudulent sales" to elderly clients without notifying them ofpotential risks, according to a ruling by FINRA.

Turbeville again denied the allegations of wrongdoing, and an appeal was filed Tuesday with the National Adjudicatory Council, documents showed.

On Thursday, Brookstone closed its doors for business at its 2920 Drane Field Road office_ Turbeville said he didn't expect it to reopen.

If the initial appeal is denied, the case could be appealed to the Securities and Exchange Commission and then the U.S. Court of Appeals.

WRONG INVESTMENT

Though he ultimately prev&1ed in his case, Ertel said he wishes he never met Turbeville.

"My wife and I invested a considerable portion ofour savings into what we were told

was an investment in bonds that were guaranteed by the U.S. government, • he said.

Turbeville told them he lmew how and when to sell the bonds, boasted about 10

percent returns and suggested the couple buy on margin, which is borrowed money used to purchase securities, Ertel said.

"I instructed him to do what he thought was right for us,• Ertel said.

r/ "I·~ l "- t~'\ :1 i ;~;),I ~. - ' ' ',"I;I: ' ,_J'

:~Hiri,ng·· S_e,m~n,~r, ~~ 'i for Insurance 'Agents! ·

11 1 1

1 1< (! \\ l I > ! [ i J\ ~\:\\ f \ ] _, ~ i 1 ; ) I < I :, '

AAA The Auto Club Group Insurance is growing and we are hosting a Hiring Seminar for top Insurance Agents in lakeland, fl area.

Our lniruranc& Agent5 Enjoy: • Competitive Compensation .. Hot leads & Marketing Support "Excellent ~~!1~fits and M.Q~e!.

l of4 2/20/2013 8:31AM

www.1heledger_com/article/20

--~- ---·-----------~

http://www.tbeledger.com/article/20 120617/NEWS/120619403?templ...

Ertel and his wife, Jean, had moved to lakeland from Illinois in 2003 and met Turbeville through a volunteer at the Lakeland SPCA, where Ertel worked as a

veterinarian.

"I had just moved here after selling my practice, • Ertel said. "I had that money, and I didn't want to put it in the stock market. We had experienced the dot-com loss, and

that was Hke about 30 percent or so."

The befriended volunteer had experience with Turbeville through his other

company, Platinum Financial.

"She was just a sweet, old lady, • he said. "He {Turbeville) had helped her with a relative, and they had invested in his thing."

After some discussion, Ertel and his wife invested $2oo,ooo with Brookstone in 2003, with the expectation that their money would grow.

Their portfolio manager, Clifford Popper, worked for another company -Archer

Alexander in Kansas.

Turbeville, who also had worked for Archer Alexander between 2003 and 2005,

provided Ertel a packet outlining what he was investing in- collateralized mortgage obligations - and said Popper would be assigned to them. Along with the packet, Ertel was given Popper's resume, which seemed impressive, including degrees from

Northwestern University and the University of Florida.

"Mr. Popper began his career as a stock broker in Boca Raton, Florida, catering to the ultra-wealthy and sophisticated clients looking to participate in the equity and fixed income markets,• Popper's biography page began.

The biography was neatly laid out on Platinum Financial letterhead. The company is not a registered FINRA member.

Ertel, who now works as the veterinarian for the Polk County Sheriff's Office, said he

felt comfortable with his decisioiL But in his dealings with Turbeville, Ertel never spoke with Popper.

It wasn't until later that Ertel learned Archer Alexander was "expelled" from FINRA in February 2007 for failing to pay $108,ooo in arbitration fees, according to FINRA documents. Popper also had a lengthy history with FlNRA.

"It took me years to figure this out," Ertel said

In January, amid a federal fraud trial in which Popper was accused of defrauding investors of more than $100 million, Popper killed himself, according to the Miami Herald. His body was found at his third-story condo in Highland Beach.

MAKINGA COMPLAINT

Through statement after statement, Ertel watched nearly $5o,ooo ofhis money disappear.

It was 2008, and he wanted out.

Turbeville finally returned what was left of Ertel's investment after turning down numerous attempts to get it, Ertel said. By then, about 25 percent had been lost.

Ertel filed a complaint with FINRA in September 2008, and the case went before arbitrators. He learned the process and fought Brookstone's lawyers for his money,

himself, rather than hire a lawyer.

In the end, he prevailed. Or so he thought.

2 of4 2/20/2013 8:31AM

http://www.tbeledger.com/article/20

·------·--·- ----·

http:/ /www.theledger.com/article/20 120617/NEWS/120619403?templ...

Just days after the judgement from the FINRA arbitrators, Brookstone's lawyers

filed an order to vacate with the circuit court in Hillsborough County.

"I couldn't believe it," Ertel said. "I became the defendant of my money."

He had 10 days to respond to the court filing and quickly began searching for a

lawyer to represent him. But those recommended to him all had conflicts of interest in the case.

In one instance, a lawyer told Ertel his conflict was because he had a mortgage

through Community Southern Bank, where Turbeville was then president. Turbeville is no longer with the company, according to FINRA filings.

Ertel finally decided to represent himself and found an online course that taught

him how to navigate the l