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BILL MCCOLLUM ATTORNEY GENERAL STATE OF FLORIDA

~CE OF THE ATTORNEY GENERAL

Office of Citizen Services The Capitol Tallahassee, Florida 32399-1050 Telephone (850) 414-3990 , SunCom 994-3990 Fax (850) 410-1630, SunCom 210-1630

December 7, 2007 Mr. Neil 1. Gillespie 8092 Southwest 115th Loop Ocala, Florida 34481 Dear Mr. Gillespie: Thank you for contacting Attorney General Bill McCollum regarding Barker, Rodems & Cook, P.A. and the allegation of perjury by Mr. Ryan Christopher Rodems. The Attorney General's Office does not have jurisdiction in this matter. By contacting The Florida Bar you have contacted the appropriate agency to review your concerns. The Florida Supreme Court has designated The Florida Bar as the agency responsible for reviewing grievances against lawyers licensed to practice in this state. The Florida Bar's decisions are not subject to the Attorney General's authority. As the Governor's Office suggested, and as you wish to file a criminal complaint regarding alleged perjury, please contact the local law enforcement agency and state attorney's office where the criminal violation occurred. In Florida, the local police or sheriffs department and the elected state attorney in each judicial circuit are responsible for investigating and prosecuting crime at the local level. Those authorities operate independently and are not a part of the Attorney General's Office. If you have not already done so, you may contact the Hillsborough County Sheriffs Office and Thirteenth Judicial Circuit State Attorney's Office at the following: Hillsborough County Sheriffs Office Post Office Box 3371 Tampa, Florida 33601 Phone: (813) 247-8000 Thirteenth Judicial Circuit State Attorney's Office County Courthouse Annex, Fifth Floor 800 East Kennedy Boulevard Tampa, Florida 33602 Phone: (813) 272-5400 Otherwise, please continue with your private attorney if you need any legal guidance. An attorney can give you the legal advice which our office is not at liberty to provide to private individuals. We hope this proves helpful to you. Thank you for contacting Attorney General McCollum's Office. Sincerely, OFFICE OF CITIZEN SERVICES Florida Attorney General's Office OCSlba
AN AFFIRMATIVE ACTION/EQUAL OPPORTUNITY EMPLOYER

o
Neil J. Gillespie
8092 SW 115 th Loop Ocala, Florida 34481

VIA US PRIORITY MAIL DELIVERY CONFIRMATION 0306 2400 0000 7670 1444 December 5, 2007 Attorney General Bill McCollum Office of the Attorney General The Capitol Tallahassee, Florida 32399 Dear Attorney General McCollum: Governor Crist encouraged me to express my concerns to you concerning a fraud scheme perpetrated by my former lawyers at the Tampa law firm Barker, Rodems & Cook, P.A. A copy of Governor Crist's letter is enclosed, along with my original letter and enclosllres to the Governor. The following is a brief description of the fraud scheme and subsequent attempts by my former lawyers to obstruct justice when I sued them. For more details about this matter, please see my letter to Governor Crist and enclosures. My former lawyers pressured me to intervene in their previously filed class-action lawsuit when their initial plaintiff proved unqualified to represent the class. The lawsuit was captioned Eugene R. Clement v. AMSCOT Corporation, case no. 8:99-2795-CIV-T26C, United States District Court, Middle District of Florida, Tampa Division. The action was commenced December 9, 1999, by the Tampa law firm Alpert, Barker, Rodems, Ferrentino & Cook, P.A. Mr. Alpert's firm dissolved soon after his unsuccessful run for state attorney in 2000, and following his infamous coffee-throwing incident against attorney Arnold Levine. Three lawyers fronl Mr. Alpert's firm then formed a new law firm, Barker, Rodems & Cook, P.A, who assumed the case. Barker, Rodems & Cook, P.A. failed to prevail and the lawsuit was dismissed. An appeal was filed, and negotiations pursued, because the defendant wanted to settle so that a business deal could move forward. The settlement negotiations were marked by a $5,000.00 "unlawful payoff attempt" by defense attorney John Anthony, followed by my own lawyers' fraud, breach of fiduciary duty, and breach of contract, a scheme designed to take most of the settlement proceeds as attorneys' fees. Specifically, Barker, Rodems & Cook, P.A. prepared, but did not sign, a contingent fee agreement. Then William Cook told me that the court awarded his firm $50,000.00 in attorney's fees in an attempt to avoid the terms of the contingent fee agreement. I received a nominal settlement of

Attorney General Bill .ollum Office of the Attorney General

Page - 2 December 5,2007

$2,000.00, as did the other two co-plaintiffs. However, had Barker, Rodems & Cook,

P.A. honored the terms of the contingent fee agreement, the three plaintiffs would have received $8,224.78 each, and the law firm would have received $31,325.46. But because my former lawyers failed their fiduciary duty to their clients, the law firm unlawfully took an additional $18,675.54 by fraud and breach of contract.
My initial complaint to The Florida Bar was made June 7, 2004, TFB No. 200411,734(13C), and was investigated by William L. Thompson, Assistant Staff Counsel. Six months into the investigation Mr. Thompson was removed from the inquiry and left the bar. At that point Susan V. Bloemendaal, Chief Branch Disciplinary Counsel, took over and shut down the investigation on what appear to be inappropriate grounds. My subsequent complaint about Mr. Cook's failure to report the $5,000.00 "improper payoff attempt" from opposing counsel was dismissed (TFB No. 2006-11,194 (13D)). Likewise, my complaint about Mr. Cook's failure to sign a contingent fee agreement and his failure to account for the settlement proceeds in a Closing Statement, was dismissed contrary to substantial evidence, bar rules, and supporting case law. (TFB No. 2007-10,004 (13D)). When The Florida Bar failed to hold my former lawyers accountable for their misconduct, I commenced a civil lawsuit, Gillespie v. Barker, Rodems & Cook, P.A. and William J. Cook, case no.: 05-CA-7205, Hillsborough County Circuit Civil Court. (Exhibit A). At that time I was unable to find counsel willing to take the case, and I proceeded pro see Since then I found a lawyer in Gainesville to represent me and the case is active. As a pro se litigant I established a cause of action for fraud and breach of contract. (Exhibit B). In retaliation my former lawyers countersued me for libel. (Exhibit C). Barker, Rodems & Cook, P.A. is represented by attorney Ryan Christopher Rodems of the firm. During tIle time I represented myself, Mr. Rodems made a false affidavit to the Court abollt an argument we had, where Mr. Rodems swore under oath that I intended to attack him in Judge Nielson's charrlbers. Mr. Rodems' false affidavit prejudiced the Court against me. When a recording of the argument proved Mr. Rodems lied to the Court, Judge Nielsen recused himself. The case then went to Judge Isom who was also prejudiced by Mr. Rodems' perjury, and she recused herself. Judge Isom said in open court that I could bring Mr. Rodems' perjury to the attention of law enforcement. You may consider this letter as my first attempt to comply with Judge Isom's directive. Currently Judge Barton has the case and I am represented by attorney Robert W. Bauer of Gainesville. Mr. Rodems' aforementioned perjury was calculated to obstruct justice, intimidate me as a witness, and deny me due process of law. This matter has consumed a considerable amount of legal resources, including (so far) three circuit court judges and two interlocutory appeals to the Second District Court of Appeals. HALT, the legal reform organization, has reviewed my civil lawsuit and provided background information and case law for a fraud and breach of contract lawsuit against an attorney in HALT's amicus curiae brief in the Illinois case of Cripe v. Leiter. HALT argued that over-billing a client is not part of the practice of law, and that lawyers are

Attorney General Bill .onum Office of the Attorney General

Page - 3 December 5,2007

subject to statutory consumer protection law in dealing with their clients. HALT also provided its amicus brief filed in the matter of Mark M. Hager, a disciplinary matter in tIle District of Columbia. HALT argued that Mr. Hager should be disbarred for stealing his clients settlement money. Enclosed you will find copies of HALT's amicus briefs. In addition to the above described unlawful behavior, Barker, Rodems & Cook, P.A. has countersued me for libel over a letter about my initial bar complaint. The libel counterclaim is contrary to the holding of Florida Supreme Court case, Tobkin v. Jarboe, 710 So.2d 975 (1998), which recognizes absolute immunity for a complainant who follows The Florida Bar's grievance procedures. Barker, Rodems & Cook, P.A. has also accused me of criminal extortion for utilizing The Florida Bar's Attorney Client Assistance Program (ACAP), which requires a complainant make a good-faith effort to resolve the matter prior to making a formal complaint. Both matters are described in n10re detail in the accompanying exhibits and letters. Thus far The Florida Bar has excused my former lawyers' misconduct, and has done so in a particular manner. Susan Bloemendaal, the Chief Branch Disciplinary Counsel of the Tampa office, has personally intervened on behalf of my former lawyers. On several occasions Ms. Bloemendaal has replaced the individual bar counsel who were investigating my complaints, and then rendered her own decision that merely adopted my former lawyers' defenses. On other occasions Ms. Bloemendaal apparently bypassed assignment to individual bar counsel altogether, reviewed the complaints herself, and simply reiterated my former lawyers' position in excusing their misconduct. In each instance Ms. Bloemendaal played fast and loose with the facts, and reached untenable conclusions of law. In other words, Ms. Bloemendaal whitewashed my complaint. The local state attorney, Mark Ober, has not to respond to my correspondence. My letters to Mr. Ober are enclosed in Exhibit E, tab number 47. Thank you for the opportunity to bring this matter to your attention. I have done so at the encouragement of Governor Charlie Crist. Should you want to pursue this matter, I can provide additional information. For example, I have transcripts of the court proceedings, and transcripts of my phone calls with Mr. Rodems. I have also submitted to the Court Plaintiffs Motion With Affidavit For An Order To Show Cause Why Ryan Christopher Rodems Should Not Be Held In Criminal Contempt Of Court And Incorporated Memorandllffi Of Law. The motion has not yet been heard. The motion sets forth Mr. Rodems' perjury that was calculated to obstruct justice, intimidate me as a witness, and deny me due process of law. Judge Isom said I could bring this matter to the attention of law enforcement. Please investigate this perjury as Judge Isom suggested. Sincerely,

< . :.:/
eil J.

&ll~ie .

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Attorney General Bill Office of the Attorney General

.Ollum

Page - 4 December 5, 2007

cc: Governor Charlie Crist (letter only) Enclosures: Exhibit A: Complaint For Fraud And Breach Of Contract Exhibit B: Order On Defendants' Motion To Dismiss And Strike Exhibit C: Answer, Affirmative Defenses And Counterclaim Exhibit D: Plaintiffs Motion For Punitive Damages Pursuant To Section 768.72 Florida Statutes Exhibit E: List Of Exhibits (1 through 50) to the above motion HALT' s amicus curiae brief in the Illinois case of Cripe v. Leiter HALT' s amicus curiae brief in the matter of Mark M. Hager Letter from Governor Charlie Crist dated November 21, 2007 Letter to Governor Charlie Crist, October 22, 2007 (letter only) Letter to Mr. Francisco R. Angones, President, The Florida Bar, October 22, 2007 (letter only) Letter to Mr. Donald M. Spangler, Director, ACAP, October 16, 2007 (letter only) Letter to Mr. Kenneth Lawrence Marvin, Director of Lawyer Regulation, October 12, 2007 Letter to Mr. Kenneth Lawrence Marvin, Director of Lawyer Regulation, June 20, 2007

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OFFICE OF THE ATTORNEY GENERAL Office of Citizen Services The Capitol Tallahassee, Florida 32399-1050
Telephone (850) 414-3990 SUNCOM 994-3990 FAX (850) 410-1630 SUNCOM 210-1630

December 14,2007 Mr. Neil J. Gillespie 8092 Southwest 115th Loop Ocala, Florida 34481 Dear Mr. Gillespie: Per your request, we are enclosing copies of the documents you previously forwarded to this office. We will retain your information in our consumer files to help this office organize its priorities. Thank you for contacting the Attorney General's Office. Sincerely, OFFICE OF CITIZEN SERVICES Florida Attorney General's Office OCS/fb Enclosures

AN AFFIRMAnVE ACnON/EQUAL OPPORTUNITY EMPLOYER

Neil J. Gillespie
8092 SW IIS th Loop Ocala, Florida 34481 Telephone: (352) 854-7807

VIA FIRST CLASS MAIL December 11, 2007 Attorney General Bill McCollum Office of the Attorney General The Capitol Tallahassee, Florida 32399 Dear Attorney General McCollum: Thank you for your letter dated December 7, 2007. (copy enclosed). In order for me to comply with your referrals, I will need the return of the documents I provided you. A list of the enclosures is provided below. I am willing to pay the cost of returning my documents. You may call me at the above phone number for payment by credit card, or you may send a bill with the documents and I will send payment. Please advise. Sincerely,

Exhibit A: Complaint For Fraud And Breach Of Contract Exhibit B: Order On Defendants' Motion To Dismiss And Strike Exhibit C: Answer, Affirmative Defenses And Counterclaim Exhibit D: Plaintiff's Motion For Punitive Damages Pursuant To Section 768.72 Florida Statutes Exhibit E: List Of Exhibits (1 through 50) to the above motion HALT's amicus curiae brief in the Illinois case of Cripe v. Leiter HALT' s amicus curiae brief in the matter of Mark M. Hager Letter from Governor Charlie Crist dated November 21, 2007 Letter to Governor Charlie Crist, October 22, 2007 (letter only) Letter to Mr. Francisco R. Angones, President, The Florida Bar, October 22, 2007 (letter only) Letter to Mr. Donald M. Spangler, Director, ACAP, October 16, 2007 (letter only) Letter to Mr. Kenneth Lawrence Marvin, Director of Lawyer Regulation, October 12, 2007 Letter to Mr. Kenneth Lawrence Marvin, Director of Lawyer Regulation, June 20,2007