fraud complaint to inspector general, florida courts, jack thompson, june-04-2013

7/28/2019 Fraud Complaint to Inspector General, Florida Courts, Jack Thompson, June-04-2013

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John B. Thompson, J.D., M.A.5721Riviera DriveCoral Gables, Florida 33146305-666-4366amendmentone@comcast. netJune 4,2013

The Honorable Ricky PolstonChief Justice, Florida Supreme CourtGreg White, lnspector GeneralOffice of Inspector General, State Courts SystemSupreme Court Building500 South Duval StreetTallalmsse e, FL 32399 -L925Re: Formal Complaint to the Inspector General of X'raud by Florida Court SystemOfficialsDear Chief Justice Polston and Inspector General Greg White:Our nation's citizenry is presently dismayed to find that the Internal Revenue Service hastargeted individuals and organizations for harassment on the basis of those targets'politically conservative beliefs. That was the clear, convinciug, andunrebuttedtestimonytoday before a House oversight committee by the victims of this ideologically-drivenregulatory harassmentThis abuse of federal govemmental power has rightly brought bipartisan condemnation.What prompts this letter to you two state judicial officials is that this scandal has come toligbt because a courageous .Treasury Depafinunt Inspector Generaldid his jobinvestigating allegations of regulatory wrongdoing.I submit to yorl under oath, per the swom verification at the end of this letter, that certainjudicial branch ofiEcials have done here in Florida what the IRS has done nationally.These state judicial officials have a) illegally solicited campaign contributions toimproperly influence an electiorq b) improperly expended monies to deny ajudgeship toa Florida resident, and e) illegally, unconstitutionally, criminally targeted whistle-blowing lawyers for harrn because of what those citizens believe.More specifically, but not exhaustively, Supreme Court Justices Pariente and euinceappeared before The Florida Bar's Board of Governors in January 2Al2 and,illegallysolicited a campaign contribution from The Bar, which they got in violation of state lawand Bar Rules by means of false statements they made to the Bar Governors, to help fundtheir own retention election efforts.


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In doing so, Justices Pariente and Quince hlpocritically decried the use of money toimpact who might oecupy judicial office, yetwe now inowby virrue of the inveitigativereporting of Eric Giunta of the Sunshine State News &at Justices pariente and euirieimproperly and unethically donated nearly $30,000 to an effort to deny Alan Forst ajudgeship on the Fourth Dishict court of Appeals. see article ath@://www.renewamerica.com/columnsigiunta/130308. No Florida Supreme CourtJustices have ever done such a thing, and for good reason: such a brazen political act bythese two ideologues demolishes any pretence of 'Judicial independence,,; therebyharrning the entire judicial branch of government in this state.Further, I and others can prove that The Florida Bar, with the full knowledge andcooperation of certainflorida Supreme Court Justices, is targeting andpunlshing certain!W9rs based upon what those public-spirited lawyers believe and not based upon whatthey have allegedly done to violate Bar Rules. A Bar Governor has even stated thatlawyers who do not share his pro-gay rights agenda should be disbarred. That isprecisely what happened to mq and I can prove it.Even further The Florida Bar, through its officials, n* OnO* and improperly influenceda Bar referee in order to secure and reward a certain result in lawyer Oiscrpfinaryproceedings. The Bar gave this referee an award thanking her forthe ."roit it gave TheBar in a disciplinary proceeding eI_have irebltable proof of other illegal, fraudulent activities by judicial branch officials.What they have done, and what can be proven, constitutes .of irld,, by judicial officials asdefined by your ow1_Offige of Inspector General ofthe State Court Syrt"*. See yourown official, controlling document in that regard:http ://www. fl oridasupremecourt. org/oi g/sc S*Fraud_policy.pdfYou will also note, in reading this document, thatyouhave generated, that all allegationsofjudicial branch fraud "SHAT.T." be fully investigated per Section Vf (Al. The word*shall" is tle stongest command verb in the English language. The State Court SystemsInspector General, which is you, Mr. White, has no choice Uut to investigate this swomFomral Complaint, now found in the form of this leffer.I further advise, that The Barhas even created a lawyers malpractice insurer one ofwhose stated pu{poses is to defeat discipline of its insured lawyers. This constitutes a alawyer protection racket by The Bar for those who enjoy a commercial relationship withthis Bar-created insurer.Additionally, as ifthe above were not enough, please be advised That The Florida Bar isnowactively' illegally, unconstitutionallS ana irimi"atly harassing a lawyer who runs apublic-spirited law blog in Browmd County. His sin? fie n* iaentifieO and helpedremedy comrption Yithin the B_roward judiciary. Thus, The Bar, in exercising A" U*yodisciplinary power that is SU?P0SED to be ovLrseen by you, Chief Justi.", frd the rest9fth" Florida Slpreme Court, is harassing awhistle-blowing'lawyer simply b""u,rr" t"has been effective in serving the common-weal. Thus the Fl;rida'Srpr"r* "Courtrfne


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Florida Bar has become the unholy terror to Florida cittzenlawyers in the same way thatthe IRS has become the American Taliban on the national scene.Finally, please note that the American Bar Association has officially condemned, throughits ABA McKay Commission Report, the lawyer discipline structure of The Florida Bar,because it is hopelessly prone to comrption and improper political influence. So if youdon't initially believe me, then believe the American Bar Association as to the rampantfraud to which I alert you.Therefore, to sum up, I and others have proof of fraudulent, illegal conduct of JusticesPariente and Quince and certain Bar and other judicial officials. The State CourtsInspector General *shall" investigate this Formal Complaint.I thus demand and await the Inspector General's investigation of this widespread,consequential, and criminal fraud. Put me under oath, as well as others. We have thegoods on these judicial branch scofflaws. They are Exhibit A of what Lord Acton notedabout the propensity of power to comrpt.On a personal note, Chief Justice Polston: You of all people ought to understand thisproblem and do understand this problem. Act on your knowledge. Do the right thing.See to it that your Inspector General does his job instead of sweeping this under the rug.I solemnly swear, under penalty of perjury, that the foregoing facts are tue, so help meGod. Signed, John B. ThompsonCopy: Eric Giunta, Sunshine State NewsRepresentative Scott Plakon, Florida House of Representatives


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Florida State Courts System

Fraud PolicyApproved by Florida Supreme Court on September 25, 2012

I. Applicability

This policy applies to all officers and employees of the State Courts System (SCS), and

to all consultants, vendors and contractors who enter into a business relationship with a

State Courts System entity.

II. Policy Statement

The SCS is committed to establishing and maintaining an organizational culture that will

ensure fraud prevention and detection are integral parts of all activities, consistent with

Standards of Conduct contained in the Code of Judicial Conduct and the Code of Ethics

for Public Officers and Employees (Chapter 112, Part III, Florida Statutes). The SCS will

not tolerate or condone fraudulent, unethical or dishonest activities. It is the policy of the

SCS to identify and promptly investigate suspected fraudulent, unethical or dishonest

activities, and, if substantiated, to pursue legal remedies available under the law.

III. Definition of Fraud

Fraud is a willful or deliberate act or omission by which an individual intends to obtain an

unauthorized benefit, service, property or something of value by deception,

misrepresentation or other unethical or unlawful means. Fraud may be committed

through many different methods, including mail, e-mail, telephone or the Internet.

Fraudulent, unethical or dishonest acts include, but are not limited to:


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P a g e | 2

Forgery or unauthorized alteration of documents or computer records;

Falsification or misrepresentation of reports to management and external

agencies, including time sheets, official travel claims for reimbursement or

other expense reimbursement reports;

Authorizing or receiving payment for time not worked;

Misappropriation of funds, supplies or other assets;

Impropriety in handling or reporting of money or financial transactions;

Unauthorized activities that result in a conflict of interest;

Disclosure of confidential or proprietary information to unauthorized

individuals;

The SCS Inspector General (IG) shall provide guidance to management as to whether

specific actions constitute fraud.

IV. Managements Responsibilities

A. Management refers to any marshal, administrator, manager, director,

supervisor or other individual who manages or supervises SCS funds, entities,

offices, or personnel.

B. Management is responsible for ensuring implementation of an effective system of

internal controls for detecting and preventing fraudulent or dishonest activities.

These internal controls should ensure that transactions are properly authorized

and recorded, assets are properly safeguarded, and accountability for actions

and resources is appropriately identified and documented. Management should

be familiar with the types of improprieties that could occur and be alert for any

indication of improper activity, misappropriation, or dishonest activity. When

improper activity is suspected or detected, management should promptly

determine to the extent possible if the activity occurred because of an error or

mistake or because of fraud or dishonesty.


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C. If management suspects an activity may involve fraud or dishonesty,

management shall report the suspicious activity to the Chief Justice or Chief

Judge and the IG. The IG will conduct an investigation, contacting and involving

internal and external entities and offices as deemed appropriate. After reporting

suspicious activity to the IG, management should not attempt to conduct

investigations, interviews, or interrogations. Management is responsible for

implementing corrective actions to ensure adequate controls exist to prevent

reoccurrence of improper activities.

V. Employee Responsibilities

When suspected fraudulent, unethical or dishonest activities are observed by or made

known to an employee, the employee must:

i. Report the incident to his/her supervisor for subsequent reporting to the Chief

Justice or Chief Judge, and IG. When the employee believes the supervisor may

be involved in the inappropriate activity, the employee shall make the report

directly to the next higher level of management or the IG.

ii. Refrain from further investigation of the incident, confrontation with the alleged

violator, or further discussion of the incident unless otherwise directed by the IG

or law enforcement personnel.

VI. Investigation of Allegations of Fraud

a. Authority to Investigate Allegations of Fraud

i. The IG is authorized under section 20.055(6), Florida Statutes, to initiate,

conduct, supervise, and coordinate investigations designed to detect,

deter, prevent and eradicate fraud, waste, mismanagement, misconduct,

and other abuses in state government. The IG is also authorized to

receive and investigate complaints filed pursuant to the Whistle-blowers

Act in section 112.3187-112.31895, Florida Statutes. The IG shall refer

complaints involving judges, attorneys or other licensed or regulated

individuals to the appropriate oversight or regulatory body for

investigation and determination of probable cause.


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ii. In the course of investigating fraud, suspected fraud or other wrong-doing

within the scope of this policy, the IG shall have free and unrestricted

access to all records and premises required to evaluate allegations.

When investigating fraud, suspected fraud or other wrong-doing within the

scope of this policy, the IG may inspect, examine, copy or remove SCS

records and property without prior consent of any individual who may

have custody of such items.

b. Complaint Procedures

Complaints may be filed with the IG by telephone at 850-488-9123 or email at

[email protected].

The State of Florida has established a Whistle-blower hotline through which

individuals can anonymously submit complaints of fraud, waste, abuse, or

misuse of State resources. The State of Florida Whistle-blower Hotline number

is 1-800-543-5353.

c. Inspector General Review

The IG shall, after sufficient review or investigation, determine whether the

allegations contained in a complaint are substantiated. The IG shall also

determine whether violations discovered during the course of an investigation are

criminal in nature and shall report such violations to the Florida Department of

Law Enforcement or other law enforcement agency as deemed appropriate.

d. Reporting

The IG shall report the outcome of all investigations of fraudulent, unethical or

dishonest activities, except investigations involving the Whistle-blower Act, to the

Chief Justice, and when applicable, to the Chief Judge. Based upon the IG

findings, the Chief Justice or Chief Judge, in consultation with the State Courts

Administrator and the OSCA General Counsels Office, will determine the


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appropriate responsive actions. Whistle-blower Act investigations will be

conducted and reported in accordance with section 112.3189, Florida Statutes.

e. Confidentiality of Records

Information provided to the IG will be confidential to the extent permitted by law

or court rule. Complaints alleging misconduct against judges, including

complaints forwarded to the Judicial Qualifications Commission, are confidential

under rule 2.420(c)(3)(A), Florida Rules of Judicial Administration, until probable

cause is established. Complaints alleging misconduct against entities or

individuals licensed or regulated by the courts are confidential until a finding of

probable cause or no probable cause is established under rule 2.420(c)(3)(B),

Florida Rules of Judicial Administration. Reports of the IG are public record

except for information that is made confidential or exempt from public disclosure

by statute or court rule. The name or identity of an individual who makes a

complaint under the Whistle-blowers Act is confidential under section

20.055(5)(b), Florida Statutes, unless the complainant consents to disclosure, or

the inspector general determines that such disclosure is unavoidable during the

course of the investigation.

f. Sanctions

If an investigation results in substantiated allegations by the IG, a recommended

course of action will be developed for approval by the hiring judge or justice for

personal staff or the Chief Justice, Chief Judge, marshal, trial court administrator,

state courts administrator or manager for consultants, contractors or vendors, or

employees of a court or administrative office of a court who are not personal

staff.


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Eric Giunta

March 8, 2013

By Eric Giunta

In the wake of Gov. Rick Scott's appointment of Alan Forst to the Florida 4th District Court

of Appeal, Sunshine State News has discovered that state Supreme Court J ustices Barbara Pariente and

Peggy Quince donated nearly $30,000 to the liberal activist group that opposed Forst's candidacy.

"I believe this is the first time in our history that two sitting Supreme Court justices have diverted campaign

cash to a group that used the money to attack a fellow Florida Bar member nominated to the appellate court,"

a former high-ranking government attorney tells SSN. "This action has the potential to undermine the integrity

of the merit selection process."

Forst fills the seat vacated by retiring J udge Fred Hazouri, who is Pariente's husband. . . .

Catch the rest of the exclusive story atSunshine State News!

Eric Giunta

The views expressed by RenewAmerica colum nists are their own and do not

necessarily reflect the pos ition of RenewAmerica or its affiliates.

(See RenewAmerica's publishing standards.)

da Supreme Court justices gave $30,000 to liberal group opposing c... http://www.renewamerica.com/columns/giunt

6/7/2013 1


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Supreme Court Justices Peggy

Quince, left, and Barbara

Pariente, right.Hide

Published on Sunshine State News (http://www.sunshinestatenews.com)

By: Eric Giunta | Posted: March 8, 2013 3:55 AMIn the wake of Gov. Rick Scott's appointment of AlanForst to the Florida 4th District Court of Appeal,Sunshine State News has discovered that stateSupreme Court J ustices Barbara Pariente and PeggyQuince donated nearly $30,000 to the liberal activistgroup that opposed Forst's candidacy.

I believe this is the first time in our history that twositting Supreme Court justices have diverted campaigncash to a group that used the money to attack a fellow

Florida Bar member nominated to the appellate court, a former high-ranking governmentattorney tells SSN. This action has the potential to undermine the integrity of the merit selectionprocess.

Forst fills the seat vacated by retiring J udge Fred Hazouri, who is Pariente's husband.

Contributor records maintained by the Florida Division of Elections show that Pariente andQuince respectively donated $23,000 and $5,922.65 of their leftover campaign monies toDemocracy at Stake, less than two months after winning retention to the high court inNovember. Democracy at Stake was founded with the express purpose of defending the justicesand their successful campaigns against critics who charged that they (along with J ustice R.

Fred Lewis) are left-wing judicial activists who do not interpret law according to its original publicmeaning.

Lewis, who had also been up for retention, donated $3,837.73 of his leftover campaign cash toFlorida Law Related Education Association, a charity that develops and implements legaleducation programs for young people.

As SSN reported Thursday, Democracy at Stake had criticized Forst's nomination to Gov. Scottby the J udicial Nominating Commission, along with five other candidates, on the basis of Forst'slack of trial court experience and his self-identification as a conservative. Ironically, none of the

es Pariente, Quince Gave $30,000 to Liberal Group Opposing Cons... http://www.sunshinestatenews.com/print

6/7/2013 1


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three justices for whom the organization campaigned had served as a trial court judge prior tohis/her appointment to an appeals court; Lewis himself had no judicial experience whatsoeverbefore his appointment to the Supreme Court by Gov. Lawton Chiles in 1998.

Around the State

Tropical Storm Andrea zips up the East Coast

Obama pitching new health care law in CaliforniaGeorge Zimmerman trial: Hearing on audio experts continues

J udge defers ruling on whether prosecutors in Angela Corey's office withheld documentsfrom defense

In California, Obama and Xi seek to build new ties

Obama embracing some Bush-era anti-terror policies

Three years after spill, recovery accelerating

Port Canaveral leaders work to improve staff issues

Scott wants to avoid National Guard furloughs

SeaWorld raises ticket prices for 3 r d time in year

Founded and headed by former state Sen. Alex Villalobos, Democracy at Stake has lambastedconservative grassroots organizations and state Republicans for politicizing the judicialappointment and retention process. It joined the three justices in insisting that the only criterionvoters should consider when determining to retain judges is whether the judges maliciouslyengaged in bad conduct, and that voters should give no regard to judges' judicial philosophyor how it might affect their rulings.

During last year's campaign, these justices defended their retention and selection process andcomplained about the effects of putting money into it, J esse Phillips, president of Restore

J ustice, a group that opposed the justices' retention, told SSN. And now that they've beenretained, we're starting to see that was just rhetoric."

Phillips said the justices' contributions constituted nothing less than complete hypocrisy.

When citizens get together to express theirright to vote and to shape our government,[Pariente and Quince] think that's a bad thing, he continued, citing the criticism frequentlyleveled against his organization by the justices and their supporters. Yet when there's anopportunity for them to funnel money to try to shape the outcome of the courts, I guess that'sOK, as far as they're concerned.

Neither Democracy at Stake nor the Florida Supreme Court returned requests for commentbefore this story went to press. Forst also declined to comment.

Scott's office did not respond to requests for comment either, though it did refer SSN to Scott'spress release officially announcing Forst's appointment.

"Through leadership and public service, Alan has shown a commitment to the principle ofjudicial restraint and the rule of law, Scott said in the statement. He is a clear thinker whounderstands constitutional issues and his unique intellect will enhance the work for 4th DistrictCourt of Appeal for years to come.


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I think Forst is a good pick, Phillips concurred. I am encouraged that the governor did notlisten to the group that was trying to undermine this candidacy, and instead made a decisionbased on principle and not on leftist attempts to torpedo a perfectly good candidate.

Reach Eric Giunta at [email protected] or at (954) 235-9116.

Tags: activist judges, Alan Forst, Alex Villalobos, Barbara Pariente, Democracy at Stake, Florida4th District Court of Appeal, Florida Division of Elections, Florida Law Related EducationAssociation, Florida Supreme Court, J esse Phillips, J udicial Activism, J udicial NominatingCommission, Lawton Chiles, News, Peggy Quince, R. Fred Lewis, Restore J ustice, Rick Scott,Politics

2011 Sunshine State News

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Source URL: http://www.sunshinestatenews.com/story/justices-barbara-pariente-peggy-quince-gave-30000-liberal-

group-opposing-conservative-colleagues

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Gov. Rick Scott and Alan

ForstHide

Published on Sunshine State News (http://www.sunshinestatenews.com)

By: Eric Giunta | Posted: March 7, 2013 4:00 PMIn a rebuke of liberal-justice activists, Gov. Rick Scott

has appointed conservative jurist Alan Forst to theFlorida 4th District Court of Appeal in West PalmBeach. Forst fills the seat vacated by retiring J udgeFred Hazouri, husband of Florida Supreme CourtJ ustice Barbara Pariente.

Sunshine State News was made aware of theappointment by a high-ranking official in the state

judicial system who would only speak on background. Scott is expected to announce theappointment today.

Forst did not return requests for comment.

Around the State

Tropical Storm Andrea zips up the East Coast

Obama pitching new health care law in California

George Zimmerman trial: Hearing on audio experts continues

J udge defers ruling on whether prosecutors in Angela Corey's office withheld documentsfrom defense

In California, Obama and Xi seek to build new ties

Obama embracing some Bush-era anti-terror policiesThree years after spill, recovery accelerating

Port Canaveral leaders work to improve staff issues

Scott wants to avoid National Guard furloughs

SeaWorld raises ticket prices for 3 r d time in year

As Sunshine State News reported this morning, Forst's candidacy had been opposed by thePalm Beach Post and by Democracy at Stake, a left-wing organization founded to support theretention campaign of J ustices Pariente, Peggy Quince, and R. Fred Lewis. The Post and

Scott Foi ls Liberal Activists, Appoints Alan Forst to 4th District Cou... http://www.sunshinestatenews.com/print

6/7/2013 1


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Democracy at Stake attacked Forst's credentials, saying he was unfit for the position because ofhis lack of trial court experience.

None of the three justices for whom Democracy at Stake campaigned had trial court experiencebefore their appointment to an appeals court, and Lewis himself had no judicial experience at allbefore his appointment to the Supreme Court by Gov. Lawton Chiles in 1998.

More to come ...

Reach Eric Giunta at [email protected] or at (954) 235-9116.

Tags: activist judges, Alan Forst, Barbara Pariente, Democracy at Stake, Florida 4th DistrictCourt of Appeal, Florida Supreme Court, Fred Hazouri, J udicial Activism, Lawton Chiles, News,originalism, Palm Beach Post, Peggy Quince, R. Fred Lewis, Rick Scott, Politics

2011 Sunshine State News

Please read our Privacy Policy. By using this site, you accept our Terms of Service.

Source URL: http://www.sunshinestatenews.com/story/rick-scott-foils-liberal-activists-appoints-alan-forst-florida-

4th-district-court-appeal

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Scott Foi ls Liberal Activists, Appoints Alan Forst to 4th District Cou... http://www.sunshinestatenews.com/print

fraud complaint to inspector general, florida courts, jack thompson, june-04-2013

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