JOHN SANDERS HAILE, R

Transcription

IN THE SUPREME COURT OF FLORIDA
THE FLORIDA BAR,
Complainant,
Case No: SC
[TFBCaseNo. 2012-31,313(106)]
v.
JOHN SANDERS HAILE,
Respondent.
PETITION FOR EMERGENCY SUSPENSION
This petition of The Florida Bar seeks emergency relief and requires the
immediate attention of the court pursuant to R. Regulating Fla. Bar 3-5.2. The
Florida Bar seeks the emergency suspension of John Sanders Haile, Attorney No.
344249, from the practice of law in Florida based on facts that establish clearly and
convincingly that John Sanders Haile appears to be causing great public harm as
will be shown by facts supported by the affidavits of Stephen R. Menge,
Investigator, Office of the State Attorney for the Tenth Judicial Circuit, and
Matthew D. Herdeker, CPA, Branch Auditor for The Florida Bar, attached hereto
as Exhibits "A" and "B" as follows:
1.
The filing of this Petition for Emergency Suspension has been
authorized by the Executive Director of The Florida Bar.
2.
Respondent, John Sanders Haile, is and at all times hereinafter
mentioned, was a member of The Florida Bar and subject to the jurisdiction and
disciplinary rules of the Supreme Court of Florida.
3.
Respondent currently is the subject of bar disciplinary matters which
have been assigned The Florida Bar file numbers 2012-30,342(106), 201230,444(10B), and 2012-30,460(106).
4.
The Bar's investigation of this matter has indicated that on April 25,
2012, respondent was arrested pursuant to an arrest warrant issued on April 25,
2012 by the Office of the State Attorney, Tenth Judicial Circuit Court in and for
Highlands County, Florida on charges of grand theft and money laundering, both
first degree felonies, involving client funds in excess of $100,000.00.
5.
After respondent failed to comply with the bar's duly issued and
personally served witness subpoena duces tecum on February 7, 2012 seeking
production of his trust account records and any financial institution records related
to the Haberkamp estate and trust, the bar obtained various relevant financial
institution records from the Office of the State Attorney for the Tenth Judicial
Circuit and from SunTrust Bank.
6.
While acting in his capacity as personal representative of the Nancy L.
Haberkamp estate and trustee for the Nancy L. Haberkamp trust, respondent
misappropriated a substantial amount of money from the estate and/or trust for his
personal purposes.
7.
The Nancy L. Haberkamp trust, drawn by respondent for Ms.
Haberkamp in or around 2006, named respondent's daughter, Jenifer Haile, as a
4% beneficiary and Constance Collins, the decedent's daughter, as a 96%
beneficiary.
8.
After Ms. Haberkamp died in March 2008, Ms. Collins hired
respondent on or about March 31, 2008 to probate the estate and administer the
trust. Ms. Collins executed an agreement with respondent that provided he would
act as personal representative for the estate and receive a fee of 4% of the estate's
value. Respondent was appointed as personal representative for the Haberkamp
estate on or about April 24, 2008.
9.
Thereafter, respondent failed to maintain adequate communication
with Ms. Collins and failed to provide her with documents pertaining to the
Haberkamp estate and/or the Haberkamp trust in a timely manner.
10.
On or about October 2, 20008, respondent paid his daughter, Jenifer
Haile, $9,000.00 representing her 4% distribution from the Haberkamp estate
and/or Haberkamp trust. Respondent made no payment to Ms. Collins, the 96%
beneficiary.
11.
While acting in his capacity as personal representative for the
Haberkamp estate, respondent received $131,271.98 as the proceeds from the sale
of the Haberkamp home in or around December 2009. The house was the only
major asset of the estate and the proceeds from the sale of the house were
transferred into the Haberkamp trust in accordance with the decedent's will and
trust documents previously prepared by respondent.
12.
Respondent used the $131,271.98 to open an account at Morgan
Stanley Smith Barney for the Haberkamp trust (hereinafter referred to as the
"Haberkamp investment account") on or about January 4, 2010. Respondent was
the sole signatory on the Haberkamp investment account.
13.
Thereafter, respondent failed to provide Ms. Collins, the 96%
beneficiary of the trust, with timely and accurate accountings of the Haberkamp
trust despite her repeated requests that he do so.
14.
On or about February 10, 2010, without the knowledge or consent of
the beneficiary, respondent commenced a systematic transfer of funds from the
Haberkamp investment account to respondent's investment account maintained at
Morgan Stanley Smith Barney known as the John Haile, P. A. investment account
(hereinafter referred to as the "Haile, P. A. investment account") and/or his
investment account maintained at Morgan Stanley Smith Barney known as the
John Haile Chartered investment account (hereinafter referred to as the "Haile
Chartered investment account").
15.
On or about February 10, 2010, respondent transferred $3,944.00
from the Haberkamp investment account to the Haile, P. A. investment account.
Respondent's accounting for the Haberkamp trust contained the notation that the
transfer was for "Trust Advances."
16.
On February 16, 2010, respondent verbally directed the transfer of
$15,000.00 from the Haberkamp investment account to the Haile Chartered
investment account. Respondent's accounting for the Haberkamp trust contained
the notation that the transfer was for as a "business loan" from the Haberkamp trust
to respondent's law practice.
17.
Prior to the transfer of funds from the Haberkamp trust, the Haile
Chartered investment account had a balance of $9,500.00. Other than the
$15,000.00 deposit from the Haberkamp trust, there were no other deposits to the
Haile Chartered investment account between February 17, 2010 and March 26,
2010, with the exception of a small credit for interest earned in the amount of
$1.56.
18.
Thereafter, between February 17, 2010 and March 26, 2010,
respondent disbursed from his Haile Chartered investment account a total of
$21,787.25, including a transfer on February 17, 2010 to the Haile, P. A.
investment account.
19.
None of the transfers from the Haile Chartered investment account
appeared to be in connection with the Haberkamp trust or estate. Respondent used
at least $12,287.25 from the Haberkamp trust to pay his personal or business
related matters.
20.
On June 3, 2010, respondent verbally directed the transfer of
$45,000.00 from the Haberkamp investment account to the Haile Chartered
investment account. Respondent's accounting for the Haberkamp trust contained
the notation that the transfer was for a "business loan" from the Haberkamp trust to
respondent's law practice. One day later, on June 4, 2010, respondent issued check
number 1041 in the amount of $36,006.79 payable to Mercedes Benz of South
Orlando drawn on the Haile Chartered investment account against the funds he
deposited from the Haberkamp trust. The purpose of the payment was to purchase
a Mercedes Benz automobile that respondent registered in the name of John Haile
Chartered.
21.
Respondent used at least $33,833.96 from the Haberkamp trust to
purchase the Mercedes Benz automobile for purposes unrelated to the Haberkamp
trust or estate and without the knowledge or permission of the residual beneficiary,
Ms. Collins.
22.
On September 3, 2010, respondent verbally directed the transfer of
$10,000.00 from the Haberkamp investment account to the Haile, P. A. investment
account. Respondent's accounting for the Haberkamp trust contained the notation
that the transfer was for a "business loan" to Haile, P. A.
23.
The balance of the Haile, P. A. investment account prior to the deposit
from the Haberkamp investment account was $2,748.39. The deposit brought this
balance to $12,748.39. Between September 3, 210 and September 9, 2010,
respondent made several disbursements against these funds, including a $9,821.00
check issued to All-Pro Chevrolet on September 2, 2010 that did not appear to be
related to the Haberkamp trust or estate.
24.
As of September 9, 2010, the ending balance of the Haile, P. A.
investment account was $1,750.36. At least $8,249.64 from the Haberkamp trust
was used to make disbursements from the Haile, P. A. investment account for
matters that were not related to the Haberkamp trust or estate and that were made
without the knowledge or permission of the residual beneficiary, Ms. Collins.
25.
On September 29, 2010, the balance of the Haberkamp trust
investment account was transferred to an account at Bank of America (hereinafter
referred to as the "Haberkamp Bank of America account").
26.
Thereafter, respondent made at least three disbursements that did not
appear to be related to the Haberkamp trust or estate and that were made without
the residual beneficiary's knowledge or consent.
27.
On November 4, 2010, respondent issued check number 93 against the
Haberkamp Bank of America account in the amount of $540.00 to Coutures
Discount, Inc. which appears to be an art gallery and framing shop located in
Sebring, Florida. Respondent's accounting for the Haberkamp trust contained the
notation that the payment was for attorney's fees.
28.
Haberkamp Bank of America account in the amount of $2,300.00 to Stokes Cattle
Ranch. Respondent's accounting for the Haberkamp trust contained the notation
that the payment was for rent.
29.
Haberkamp Bank of America account in the amount of $1,000.00 to Dennis Scully.
The memo of the check indicated it was for a deposit on an eighteen foot
"Hydrasport" boat with the $8,000.00 balance due on November 20, 2010.
Respondent's accounting for the Haberkamp trust contained the notation that the
payment was for attorney's fees.
30.
To date, respondent has made no disbursements from the Haberkamp
trust to the residual beneficiary, Ms. Collins.
8
31.
To date, respondent has not repaid any of the "business loans" he
received from the Haberkamp trust.
32.
Respondent misappropriated to his own use at least $70,000.00 from
the Haberkamp trust.
33.
The enclosed affidavits of Stephen R. Menge, Investigator, Office of
the State Attorney, Tenth Judicial Circuit, and Matthew D. Herdeker, CPA, branch
auditor for The Florida Bar, are used by the bar to support this Petition for
Emergency Suspension.
WHEREFORE, based on the aforementioned facts, the bar asserts the
respondent has caused, or is likely to cause, immediate and serious harm to clients
and/or the public and that immediate action must be taken for the protection of the
respondent's clients and the public. Therefore, pursuant to R. Regulating Fla. Bar
3-5.2, The Florida Bar respectfully requests this court to:
A.
Suspend respondent from the practice of law until further order of this
B.
Order respondent to accept no new clients from the date of this Court's
court.
order and to cease representing any clients after 30 days from the date of this
Court's order. In addition, respondent shall cease acting as personal representative
for any estate, as guardian for any ward, and as trustee for any trust and will seek
to withdraw from said representation within thirty days from the date of this
9
court's order and will immediately turn over to any successor the complete
financial records of any estate, guardianship or trust upon the successor's
appointment.
C.
Order respondent to furnish a copy of the suspension order to all
clients, opposing counsel and courts before which John Sanders Haile is counsel of
record as required by Rule 3-5.1(g) of the Rules of Discipline of The Florida Bar
and to furnish bar counsel with the requisite affidavit listing all clients, opposing
counsel and courts so informed within 30 days after receipt of the court's order.
D.
Order respondent to refrain from withdrawing or disbursing any
money from any trust account related to respondent's law practice and/or any
account to which he has access in a fiduciary capacity until further order of this
court, a judicial referee appointed by this court or by order of the Circuit Court in
an inventory attorney proceeding instituted under R. Regulating Fla. Bar 1-3.8, and
to deposit any fees, or other sums received in connection with the practice of law
or in connection with the respondent's employment as a personal representative,
guardian or trustee, paid to the respondent during the first thirty days after issuance
of this Court's order of emergency suspension, into a specified trust account from
which withdrawal may only be made in accordance with restrictions imposed by
this Court. Further, respondent shall be required to notify bar counsel of The
10
Florida Bar of the receipt and location of said funds within 30 days of the order of
emergency suspension.
E.
Order respondent not withdraw any money from any trust account or
other financial institution account related to respondent's law practice or to which
he has access in a fiduciary capacity or transfer any ownership of any real or
personal property purchased in whole or in part with funds properly belonging to
clients, probate estates for which respondent served as personal representative,
guardianship estates for which respondent served as guardian, and trusts for which
respondent served as trustee without approval of this court, a judicial referee
appointed by this court or by order of the Circuit Court in an inventory attorney
proceeding instituted under R. Regulating Fla. Bar 1-3.8.
F.
Order respondent to notify, in writing, all banks and financial
institutions where the respondent maintains an account related to the practice of
law, or related to services rendered as a personal representative of an estate, or
related to services rendered as a guardian, or related to services rendered as a
trustee, or where respondent maintains an account that contains funds that
originated from a probate estate for which respondent was personal representative,
guardianship estate for which respondent was guardian, or trust for which
respondent was trustee, of the provisions of this Court's order and to provide all the
aforementioned banks and financial institutions with a copy of this Court's order.
11
Further, respondent shall be required to provide Bar Counsel with an affidavit
listing each bank or financial institution respondent provided with a copy of said
order.
G.
Order respondent to immediately comply with and provide all
documents and testimony responsive to a subpoena from The Florida Bar for trust
account records and any related documents necessary for completion of a trust
account audit to be conducted by The Florida Bar.
Respectfully submitted,
Snneth H. P. Bryk, Baff Counsel
The Florida Bar
Orlando Branch Office
The Gateway Center
1000 Legion Place, Suite 1625
Orlando, Florida 32801-1050
(407) 425-5424
Florida Bar No.
164186
And
KENNETH LAWRENCE MARVIN
Staff Counsel
The Florida Bar
651 East Jefferson Street
Tallahassee, Florida 32399-2300
(850) 561-5600
Florida Bar No. 200999
12
JESS, JR.
Executive Director
The Florida Bar
(850) 561-5600
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the original of the foregoing has been furnished
by hand delivery to the Supreme Court of Florida, Supreme Court Building, 500
South Duval Street, Tallahassee, Florida, 32399-1925; a copy of the foregoing has
been furnished by certified mail no. 7160 3901 9843 2058 3331, return receipt
requested, and by regular U.S. mail to Respondent, John Sanders Haile, whose
record bar address is John Haile C H T D, Post Office Box 1021, Lake Placid,
Florida 33862-1021, and that a true and correct copy of the petition and staff
auditor's affidavit only, not exhibits, have been e-served to and a copy of the
foregoing has been furnished by regular U.S. mail to Bar Counsel, Mr. Kenneth H.
P. Bryk, The Florida Bar, Orlando Branch Office, The Gateway Center 1000
ion Place, Suite 1625Orlando, Florida 32801-1050, this
Legion
jjfa
day of
2012.
1
:ENNETH LAWRENCE MARVIN
Staff Counsel
The Florida Bar
(850) 561-5600
13
IN THE OROJir COURT OF THE TENTH JVEOOAL ORCTIT
OF THE STATE OF FLORIDA IN AMD FOR HIGHLANDS COUNTY, FIOEffitA
SA0101201247
AGENCY*
QBTSfc
BOOKING*:
CASSft
IN IBE NAME OF THE STATE OF FLORIDA:
TO: All and singular, die sheriffs of Florida aid other authorized officers.
WHEREAS the Coot! has fotmd probable ea^^
testimony under oath to believe that the person named below committed;
CHARGE(S):
1)
GRAND IHHFT($100,GOO ormow)
FSS81Z014(2)a Fl
2)
MONEYIATOTOERINGtSlOO.OOOORMORE) FSSS96.101
Fl
Defendant; JOHN SANDERS HMLE
Address: 3635 PLACID VIEWDR
LABS PLACE) FL 35852
DOB: 07/26Y1W*
Height 510
Place ofBitth
FLORIDA
MaritalStattts DEVOB£ED
Scars
Race/Sex:WM
Wejghl 219
Hair BUN Eyes
CoatpleacionFAIR
Occupation
Atfomey
EaUissetafc 1 (15,000.00
2. $15,000.00 (CASH/SDHETV)
Receivedthi? warrant on the
, 2012by arresting the
2012, andexecutedsameon the
day of
Susan Beaton Sheriff
BLU
IN THE CIRCUIT /COUNTY COURT IN THE TENTH JUDICIAL CIRCUIT
IN AND FOR HIGHLANDS COUNTY, FLORIDA
ARRESTING AGENCY/REPORT # SAO 2012-007
DATE/TIME OF ARREST: 4/25/2012
ARRESTING OFFICER: Investigator Stephen R. Menge, MBA, CFE
PLACE OF ARREST:
PROSECUTION APPROVED':
NOTICE TO APPEAR X COMPLAINT AFFIDAVrr__ARREST REPORT
The undersigned affiant swears that he has just and reasonable grounds to believe
that between March 2008 to April 2012 at the location of Lake Placid, Highlands
County, Florida
Name (Last,First, 3VD): Haile, John Sanders
Address: 220 Dal Hall Blvd. Lake Placid, FL
Telephone: 863-465-5646
R/S: W/M HtS'llWt 195 Hair: Sandy Eyes: Blu DOB:j)7/2671956 FOB: Florida
Soc. Sect: mp Driver's License #:HHWMarital Status: Div
Scars:
^^^^^Coraptexion: Fair
Occupation: Attorney
Employer: Self
Committed the Offenses of:
1. Grand Theft Over SiQOK
2. FL Money Launderkg Act
FSS: 812.014(2)3
FSS: 896.101
Level/Degree: Fl
Level/Degree: Fl
Probable Cause:
*** SEE ATTACHED AFFIDAVIT***
Victim/Witness
Address
1. Nancy Haberkamp Trust
2. Clifford Rhoades 2141 Lakeview Dr.
3. Constance Collins 45W160BahrRd.
485 Lexington Ave
4. Sbarif Hassan
5- Robert Raymond 4301MilieniaBlvd
310 US 27 S
6. Diedrea White
Phone
Sebring, FL
Hampshire, IL
New York, NY
Orlando, FL
Lake Placid, FL
863-385-0346
847-542-7599
212-296-2361
407-367-2700
863-465-2335
Account #794-05026-15 (John Haile Chartered for John Haile)
This account was opened on 2/9/10 by John Haile who is the only person listed on the
signature card. This account received deposits totaling $79,291.83 which were
transferred from the Haberkamp Trust. The initial $15,000 deposit on 2/17/10 listed on
Haile's accounting of Trust funds identified the transfer as a "business loan." This
transfer appears to infuse this account with cash 8 days after opening the account. Half
of this initial deposit was then transferred to Haile's business account within the next 5
days. Upon examining the opening balance of his Chartered account at the beginning of
May, the balance was $1,348.84. Haile issued himself additional "attorney fees" from
the Trust on 5/27/10 in the amount of $5,352.33,
On 6/3/10, Haile transferred $45,000 from the Haberkamp Trust into this account under
the accounting entry of a "Business Loan." The following day (6/4/10), Haile issues a
check #1041 from the Chartered account to Mercedes Benz of South Orlando in the
amount of $36,006.79. Records obtained from Mercedes Beaz of Orlando revealed that
Haile purchased a 2007 Mercedes SL 550. The vehicle is registered in the name of John
Haile Chartered. On 6/16/10, Haile issued check #1050 in the amount of $2,722.00 to
Lake Placid Marine. Records obtained from Lake Placid Marine reveal HaiJe purchased
a 1998 Seadoo GTX RFI and a trailer. Both Seadoo and trailer were registered to John S.
Haile.
Over the next three months, Haile issues himself additional "attorney fees" by
transferring funds from the Trust account. Within a 12 month period, John Haile did
make multiple financial transactions of funds from the Haberkamp Trust and transferred
these funds into his personal account. These funds were later used for personal use.
On August 25,2010 MSSB issued Haile a notice to terminate their business relationship.
In a letter sent by MSSB, they wrote: "We feel our mutual interest would best be served
by your moving the above reference accounts to another firm." The following month the
Trust account and Haile's personal accounts were closed by MSSB. A check in the
amount of $29,525,57 was issued to John Haile TTEB FBO Nancy Haberkamp Trust.
This check was identified as having been deposited into Bank of America under account
#229034028033.
Bank of America Acct #229034028033
(Nancy Lee Haberkamp Living Trust John Haile TRTEE)
This account was opened on 10/29/10 which was a month after MSSB issued the check.
The amount reflected the remaining balance of the Haberkamp Trust earned from the sale
of the home. The signature card for the account lists John Haile as the Trustee. The only
successor listed on the account is Jenifer Haile, There is a line for a second beneficiary,
however, the line was dashed through and failed to indicate rne 96% beneficiary
Constance Collins.
AFFIDAVIT CONTINUATION
John. S. Haile was the personal representative and Trustee for (he late Nancy Lee
Haberkamp who passed away on 3/26/2008. Haile was hired by Ms, Haberkamp to
handle her Probate and to discharge the Haberkamp Trust to the beneficiaries identified
in her Living Trust dated 7/19/06. The beneficiaries listed on the Trust identify
Constance Lee Collin as 96% beneficiary and Jenifer L. Haile as 4% beneficiary. Jenifer
Haile is the daughter of John Haile. In lieu of discharging the Trust in accordance with
Ms. Haberkamp's wishes, Haile transferred these Trust funds to his own personal bank
accounts. Upon receiving those funds, Haile used them for personal use. The funds
Haile used were in excess of $100,000.00.
While acting in the capacity of a Personal Representative, Trustee, and attorney for the
Nancy Haberkamp Trust, John Haile did receive the proceeds from the sale of
Haberkamp's personal residence. The sale of the home brought proceeds valued at
$131,271.98.
Account #794-0500540 (Johtt Haile TEE FBO Nancy Haberkamp Trust)
On 1/4/10, John Haile opened a Morgan Stanley Smith Barney (MSSB) Trust account
with the proceeds obtained from the sale of the Haberkamp home (account #794-0500510). Haile was the only person listed on the account's signature card and copies of the
last Living Trust were provided to MSSB. In lieu of discharging the Trust and contrary
to what the Trust documents directed, Haile made multiple financial transactions which
transferred funds from the Trust account to two other personal MSSB accounts. Over the
course of 9 months, Haile transferred a total of $101,781.96 to these personal accounts.
These funds were then spent by Haile on personal items that had no benefit to the Trust
or its beneficiary.
Account #794-04629-19 (Business account for James Haile, PA.)
This account was John Haile's business account with Haile being the only person on the
signature card. This account received deposits totaling $22,490,13 which were
transferred from the Haberkamp Trust. Additionally, $7500,00 was also deposited into
this account which was laundered through the Haile Chartered account (#794-05026-15).
Upon examining the dates of transfers, it appears Haile supplemented his personal
spending with money from the Trust. This personal spending consisted of trips to the
Bahamas and Georgia, payments to Lauderdale Marina and a car payment. In addition to
this spending, various personal expenses included liquor and food purchases. Within a
12 month period, John Haile did make multiple financial transactions of funds from the
Haberkamp Trust and transferred these funds into his personal business account. These
funds were later used for personal use.
Activity on the account revealed a total three checks were issued from this account.
These checks were written on convenience checks- These checks were not printed with
account holder information which should have read "Nancy Haberkamp Trust". Instead,
two of the checks have John Haile's name handprinted where you would typically find a
printed name, address, and phone information. Check #0092 was dated 11/1/10 and
made payable to Stokes Cattle Ranch in the amount of $2,300,00. Check #0093 was
dated 11/1/10 and made payable to Coutures Discount Inc. in the amount of $540.00.
Check #0091 was dated 11/9/10 and made payable to a Dennis Scully in the amount of
$1,000.00. Printed on the toemo line indicated the following information "deposit 18'
Hydra sport, $8000 balance due 11/20/10".
The account was closed on 13/10/10 by Bank of America. The closing balance on the
account was $25,645.57, To date, these funds have not been returned to the Trust. Nor
have they been dispensed to the beneficiary listed on the Trust.
To date, there have been no monies returned to the Trust account indicated as loan
repayments or interest paid for the alleged "business loans." In addition, Constance
Collins as 96% beneficiary has not received any disbursements from the Trust or the
Estate.
MSSB Accounts
_____
• . -
—
Transfers from Haberkamp TrustHaberkamp Trust
Date
&5005Esttf4/10
HaileBusAet
Halts Chartered
#4529 Est 10/30/07 #5026 Est 2/9/10
$
131,27198 S
2/10/2010 $
2/10/2010 $
2/16/2010 $
2/17/2010 $
2/22/2010
(249.13) $
(3,904.00) $
(5,556.00) $
(15,000.00)
$
5/27/2010 $
6/3/2010 $
(5,3S2.33)
(45,000.00)
6/4/2010
7/19/2010 $
7/21/2010 $
7/28/2010 $
8/2/2010 $
8/10/2010 $
8/31/2010 $
5,307.60 $
249.13
3,944.00
Notes
Openfng Balances
Progress Energy
Trust Advan«s
5,356.00
$
7,500.00 $
$
$
$
15,000,00 Business Loan
(7,500.00)
5,352.33 Attorney Fees
45,000.00 Business Loan
(36,006.79) Ckl041toMececIes8erw
Accounting fees
(791.00) $
(3,998,50)
(131.00) $
791.00
131.00 S
(133,00)
Maintenance Fee Reverse
(1,950.00) S
l,9SO,OOj
Ck 1026 Haile & Halle CPA
9/3/2010 $
(1,970.00)
(10,000.00) S
9/8/2010 S
9/23/2010 $
9/27/2010 $
$
Xfers
(2,987.00)
(4,984.00)
(29,525.57)
(131,307.53) $
$
3,9S&50 Attorney Fees
131.00
Maintenance fee
$
1,970.00 Attornay Fees
Business Loan
$
2,987.00
$
4,98400 Attorney Fees
Balance Ckxfer to BoA
10,000.00
22,490.13 $
79,291.?3
$
101,781.%
Total Xfers from Haberkamp to Haite Accts
Grand Theft (FSS 812.014 (2)a)
Wate acting m the capacity of aPersonal Representative, Trustee, and attorney for the
Nancy Haberkamp Trust, Jobn Haiie did receive money ilued at $131,27??? to
Tmst
> *« ^ *»M have S d stnbuted to
T u ^f *d ^w^y twiBfcr, obtain, aad use these Trustftmdsfor
S
tai0ed
'
^ffl°ncyWith the intent to ^*« teffiPo^ly or
^
Florida Money Laundering Aet (FSS 896.101)
dat
°fF?mary 2°l° ^November 2010' Jobn Hailc *d ^s multiple
W
"these fmancial f^ction5representedthe
John H3ile
** iuct multiple
r dis Se theMtoe fte
° ^
' ^S the
°f ^pmceeds of the ^ *athe ^ committed.
^mile WitWn a } 2'ffi°nti period ^
Investigating Agcy/Offlcer: Office of the State Attorney, Investigator Stephen R, Menge
Sworn to and Subscribed before me,
Theoadersigned authority, this
AFFIDAVIT
STATE OF FLORIDA
COUNTY OF ORANGE
Before me, the undersigned authority, personally appeared Matthew D. Herdeker,
CPA, and Branch Auditor for The Florida Bar, who after being duly sworn,
deposes and says the following:
1.
I have been employed by The Florida Bar since January 17, 2012, to perform
compliance audits of attorney trust account records. My business address is The
Florida Bar, 1000 Legion Place, Suite 1625, Orlando, Florida 32801.
2.
I am a Certified Public Accountant, and am currently licensed to practice in
Florida. I am a member of the Florida and American Institutes of Certified Public
Accountants. I am also a Certified Fraud Examiner, Certified Internal Auditor, and
Certified in Financial Forensics. Prior to my employment with The Florida Bar, I
was an Auditor in the Internal Investigations Unit of Fidelity National Financial,
Inc. for eight years. I conducted forensic audits of escrow and attorney trust
accounts in the title insurance industry in order to identify shortages and determine
their causes.
3.
On April 18, 2012, I was requested to perform a compliance audit of the
trust records and related documents of the Respondent, John S. Haile. The audit
was requested due to complaints against the Respondent initiated by attorney
Clifford R. Rhoades dated August 26, 2011, and by Constance Collins dated
September 1, 2011. In Mr. Rhoades' complaint, he stated that his client, Constance
Collins, was a beneficiary of The Estate and Trust of Nancy Haberkamp, for which
the Respondent served as trustee. Mr. Rhoades alleged that his client had not
received any distribution from the estate, even though proceeds from the sale of
Mrs. Haberkamp's residence were deposited into a trust account around December
29, 2009. Mr. Rhoades also stated his client did not receive an accounting of the
estate after multiple requests. Through discovery, Mr. Rhoades obtained ledgers
for the probate and trust accounts which, he said, showed "excessive and/or illegal
attorneys fees, excessive trustee fees and, otherwise, an unlawful conversion of
assets of the estate". Copies of both complaints, with the ledgers, are enclosed as
Attachment 1 and Attachment 2.
4.
A subpoena was served on the Respondent on January 26, 2012, requiring
the production on February 7, 2012 of all trust account bank statements, and
substantially all of the trust records required by Chapter 5 of the Rules Regulating
The Florida Bar, including deposit slips, cancelled checks, journals, ledger cards,
bank reconciliations, and monthly comparisons for the audit period January 1,
2008 to the present. The subpoena also specifically required the production of all
financial records related to the administration of the Estate and Trust of Nancy
Haberkamp. A copy of the subpoena is enclosed as Attachment 3.
5.
As of this date, the Respondent has failed to provide any of these records.
6.
On April 16, 2012, The Office of the State Attorney in Bartow, Florida
provided The Florida Bar with various records, including account statements and
images of checks and deposits, obtained by subpoena, for the following accounts:
• Morgan Stanley Smith Barney account titled John Haile TTEE FBO
Nancy Haberkamp Trust ("the MSSB Haberkamp Trust"), for the period
January 1, 2010 through December 31, 2010;
• Morgan Stanley Smith Barney account titled John Haile Chartered ("the
Haile Chartered account"), for the period February 1, 2010 through
September 3 0,2010;
• Morgan Stanley Smith Barney account titled John Haile, P.A. ("the
Haile, P.A. account"), for the period January 1, 2010 through October 31,
2010; and
• Bank of America account titled Nancy Lee Haberkamp Living Trust
("the BOA Haberkamp Trust"), for the period October 29, 2010 through
December 13, 2010.
7.
On April 20, 2012, in response to a subpoena dated March 20, 2012, The
Florida Bar received bank account statements and images of checks and deposits
from SunTrust for an account titled Estate of Nancy L. Haberkamp, John S. Haile
Personal Rep. ("the SunTrust Haberkamp Trust") for the period July 17, 2008
through December 31, 2009.
8.
In the SunTrust Haberkamp Trust account, the bank statement reflected an
opening deposit of a cashier's check for $20,403.20 on July 17, 2008, and a deposit
of $10,809.56 on July 28, 2008, for a total of $31,212.76. Based on the deposited
items and the ledger for this account, these deposits were believed to be proceeds
from Mrs. Haberkamp's estate.
9.
In the SunTrust Haberkamp Trust account, there were disbursements to
Haile & Haile, CPAs of $1,100.00 on November 20, 2008, and $500.00 on
December 8, 2008. According to The Florida Department of State, Division of
Corporations records, John S. Haile was an officer of this company, which was
incorporated in 1982 and is currently active. On the ledger for the account, these
payments were described as disbursements to Central Florida Painting. In her
complaint, Ms. Collins specifically noted these disbursements as being excessive,
and believed them to be for the painting of Ms. Haberkamp's house. The signatures
on the two checks appeared to be the Respondent's. Copies of these checks, #120
and #125, are enclosed as Attachment 4.
10. The January 2010 account records for the MSSB Haberkamp Trust account
reflected an opening deposit of $131,271.98 on January 5, 2010. The deposited
check was from the Rutherford Mulhall, P.A. trust account, and was payable to
John S. Haile as Trustee(s) of the Nancy L. Haberkamp Revocable Living Trust
Agreement. The aforementioned ledger for the account described these funds as
"Proceeds Real Estate Sale". A copy of this ledger is enclosed as Attachment 5.
11. There were three disbursements from the MSSB Haberkamp Trust account
in large, even dollar amounts, described as "Business Loans". According to Mr.
Rhoades' complaint, neither Ms. Haberkamp nor Ms. Collins owned a business at
any time. These disbursements were:
• A transfer of $15,000.00 on February 16, 2010 to the Haile Chartered
account;
• A transfer of $45,000.00 on June 3, 2010 to the Haile Chartered account;
and
• A transfer of $10,000.00 on September 3, 2010 to the Haile, P.A. account.
12. On February 16, 2010, the account records for the MSSB Haberkamp Trust
account showed a transfer of $15,000.00 from that account to the Haile Chartered
account. A Client Verbal Instructions form from Morgan Stanley Smith Barney
showed the Respondent authorized this transfer. The aforementioned ledger
described this transfer as a "Business Loan". A copy of the partial February
statement for the MSSB Haberkamp Trust is enclosed as Attachment 6. A copy of
the Client Verbal Instructions form is enclosed at Attachment 7.
13. In the Haile Chartered account, the beginning balance on February 16, 2010
was $9,500.00. The $15,000.00 transfer from the MSSB Haberkamp Trust account
increased the balance to $24,500.00. From February 17, 2010 through March 26,
2010, there was a transfer of $3,994.00 to a Morgan Stanley Smith Barney account
with an unknown title/owner, a transfer of $7,500.00 to the Haile, P.A. account, a
check for $9,500.00 issued to Edward D. Jones & Co., LP, and several smaller
disbursements. The only deposit into the Haile Chartered account from February
16, 2010 to March 26, 2010 was interest credited for $1.56. After these
transactions, the ending balance in the Haile Chartered account as of March 26,
2010 was $2,712.75. Copies of the partial February and March statements for the
Haile Chartered account showing these transactions are enclosed as Attachment 8.
14. Without the $15,000.00 transfer from the MSSB Haberkamp Trust account,
many of the aforementioned disbursements from the Haile Chartered account
would not have been possible. At least $12,287.25 ($15,000.00 - $2,712.75) of the
$15,000.00 of trust funds was used for those disbursements, which did not appear
to be related to the Haberkamp Trust.
15. On June 3, 2010, the account records for the MSSB Haberkamp Trust
account showed a transfer of $45,000.00 from that account to the Haile Chartered
described this transfer as a "Business Loan". A copy of the partial June statement
for the MSSB Haberkamp Trust account is enclosed as Attachment 9. A copy of
the Client Verbal Instructions form is enclosed at Attachment 10.
16. In the Haile Chartered account, the beginning balance on June 3, 2010 was
$2,147.83. The $45,000.00 transfer from the MSSB Haberkamp Trust account
increased the balance to $47,147.83. The next disbursement cleared the Haile
Chartered account on June 8, 2010, and was a $36,006.79 check payable to
Mercedes-Benz of South Orlando. This check was dated June 4, 2010, which was
the day after the transfer from the trust account cleared. The signature on the check
appeared to be the Respondent's. The number 68571 was written on the memo line
of the check. A copy of check #1041 to Mercedes-Benz of South Orlando is
enclosed as Attachment 11.
17. The Florida Bar received various documents related to the purchase of the
Mercedes-Benz from The Office of the State Attorney. Based on a Retail Buyers
Order from Mercedes-Benz of South Orlando, John Sanders Haile and Christina
Janel Haile (customer #68571) purchased a 2007 Mercedes SL550 at the dealership
on June 4, 2010. The amount due for the purchase was $36,006.79. Additionally,
the application for certificate of title for the vehicle listed John Sanders Haile and
Christina Janel Haile as owners. A Motor Vehicle Status report from the Florida
Department of Highway Safety and Motor Vehicles showed John Haile Chartered
owned the vehicle as of March 7, 2012. A copy of the retail buyers order,
application for title, and status report are enclosed as Attachment 12.
18. In the Haile Chartered account, the only other transaction that cleared on
June 8, 2010 was a deposit of $25.00. The ending balance in the Haile Chartered
account as of June 8, 2010 was $11,166.04.
19. Without the $45,000.00 transfer from the trust account, the balance in the
Haile Chartered account would not have been sufficient to disburse the $36,006.79
check to Mercedes-Benz of South Orlando. At least $33,833.96 ($45,000 $11,166.04) of the $45,000.00 from the trust account was used to purchase the
Mercedes, which did not appear to be a purchase related to the Haberkamp Trust.
20. On September 3, 2010, the account records for the MSSB Haberkamp Trust
account showed a transfer of $10,000.00 from that account to the Haile, P.A.
described this transfer as a "Business Loan". A copy of the partial September
statement for the MSSB Haberkamp Trust account is enclosed as Attachment 13.
A copy of the Client Verbal Instructions form is enclosed at Attachment 14.
21. In the Haile, P.A. account, the beginning balance on September 3, 2010 was
$2,748.39. The $10,000.00 transfer from the MSSB Haberkamp Trust account
increased the balance to $12,748.39. From September 3, 2010 to September 9,
2010, there were several disbursements from the Haile, P.A. account, the largest of
which was a $9,821.00 check issued to All-Pro Chevrolet. This check was dated
September 2, 2010, and cleared on September 9, 2010. The signature on the check
appeared to be the Respondent's. The ending balance in the Haile, P.A. account on
September 9, 2010 was $1,750.36. A copy of check #1451 to All-Pro Chevrolet is
22. Without the $10,000.00 transfer from the trust account, the balance in the
Haile, P.A. account would not have been sufficient to disburse the $9,821.00 check
to All-Pro Chevrolet. At least $8,249.64 ($10,000.00 - $1,750.36) from the trust
account was used to make the disbursements from the Haile, P.A. account between
September 3, 2010 and September 9, 2010, which did not appear to be related to
the Haberkamp Trust.
23. From the initial deposit of $131,271.98 on January 5, 2010, to September
28, 2010, almost all of the disbursements from the MSSB Haberkamp Trust
account were transfers to either the John Haile P.A. or John Haile Chartered
accounts. There were 13 such disbursements totaling $101,781.96. The trust ledger
described these payments as attorney fees, accounting fees, maintenance fees, trust
advances, business loans, a payment to Progress Energy, and a payment to Haile &
Haile, CPAs. The $101,781.96 was clearly in excess of the 4%-5% fees the
Respondent was entitled to according to Ms. Collins' complaint.
24. On September 29, 2010, the balance in the MSSB Haberkamp Trust account
was $29,525.57. This balance was transferred by check to the BOA Haberkamp
Trust. The disbursement cleared the MSSB Haberkamp Trust account on
September 29, 2010, but the deposit did not clear the BOA Haberkamp Trust
account until October 29, 2010. The reason for the delay in the deposit clearing is
unknown. A copy of check #6710545811 is enclosed as Attachment 16.
25. The records for the BOA Haberkamp Trust account showed several
subsequent disbursements which I was unable to determine were legitimate
disbursements related to the Haberkamp Trust:
• $540.00 to Coutures Discount, Inc. on November 4, 2010. Based on an
internet search, this appeared to be an art gallery and framing shop in
Sebring, FL. The trust ledger appeared to describe this disbursement as
attorney fees. The signature on the check appeared to be the
Respondent's. A copy of this check, #93, is enclosed as Attachment 17.
• $2,300.00 to Stokes Cattle Ranch on November 8, 2010. The trust ledger
described this as rent. The signature on the check appeared to be the
Respondent's. A copy of this check, #92, is enclosed as Attachment 18.
• $1,000.00 to Dennis Scully on November 9, 2010. The trust ledger
appeared to describe this disbursement as attorney fees. The signature on
the check appeared to be the Respondent's. A copy of this check, #91, is
26. In the available records, I noted no disbursements to Ms. Collins from the
MSSB Haberkamp Trust account, the Haile Chartered account, the Haile, P.A.
account, the BOA Haberkamp Trust account, or the SunTrust Haberkamp Trust
account. There was, however, a $9,000.00 distribution to Jenifer L. Haile from the
SunTrust Haberkamp Trust account. According to Mr. Rhoades' complaint, Jenifer
Haile was the Respondent's daughter and a 4% beneficiary of the trust. The
signature on the check appeared to be the Respondent's. A copy of the check to
Ms. Haile, #107, is enclosed as Attachment 20.
27. In the available records, I noted no deposits into the MS SB Haberkamp
Trust account or the BOA Haberkamp Trust account which could have been the
repayment of the aforementioned "business loans".
28. Based on the results of my examination to date, it is my professional opinion
that the Respondent misappropriated trust funds from the Haberkamp Trust for his
personal use.
28. Based on the results of my examination to date, it is also my professional
opinion that the Respondent, John S. Haile, is not in substantial compliance with
The Bar's rules governing trust accounts.
FURTHER AFFIANT SAYETH NOT.
MATTHEW D. HERDEKER, CPA
Sworn to and subscribed before me this V day of
flDtfl/
, 2012.
(Signature of Notary Public - State of Florida)
(Print, Type, or Stamp Commission Name of Notary Public)
Personally Known
CATHY CLINE
« Commission # DD 872246
l? Expires June 14,2013
Bonded Thru Tray Fain Insurance «KW»5-7019
13-ORIOA BAR
THE FLORIDA BAR
INQUIRY/COMPLAINT FORM
PART ONE Sec
Page 1, PART ONE -Required Information.):
**^^^H^^P*«
Your Nam«
Organizatic
Addross:
City:
Zip Code:
Email: C
Cliff.ord R. Rhoades
Clitrord K. Khoades, r.A
41 Lakeview Drive
State: Fl.
Address:
Ci^,;Lake
John S. Haile
Placid
State:
'
Zip Code: 33852 Telephone:863 . 465 .1902
3870 phone: 863.385.0346
iffgcrrpalaw.com
ACAPRefi enceNo,
PARTTWC (See Page 1, PART TWO - Facts/Allegations.): The specific thing or tilings I am complaining 8 bout are:
See attached
PARTTHR E (See Page 1, PART THREE - Witnesses.): The witnesses in support of ray allegations are: [s ee attached
sheet].
See attached
i
PARTFOV (See Page 1, PART POUR - Signature.): Under penalties of perjury, I declare that theforegoi^gfacts are
true,ctrre& nd complete.
THE FLORIDA BAR
PART TWO
This firm has represented Constance Lee Collins since March 18, 2010 with regard to the
administration of the Estate and Trust of Nancy Haberkamp. Ms. Collins is a daughter of the
Mrs. Haberkamp and is reflected as a 96% percent residual beneficiary of the Trust. Mr. John
Haile's daughter, Jennifer, was a 4% percent residual beneficiary. Mr. John Haile served as
Personal Representative of Hie Estate and currently serves as Trustee of the Trust. A copy of the
Haberkamp Trust is enclosed. A copy of the pour-over Will is available upon request. To date,
my client has received no distributions from this estate. The documents enclosed reveal that Mr.
Haile's daughter, Jennifer, has received a distribution of $9,000.
To our knowledge, the Estate was comprised of the accounts listed on the Probate
Inventory and Mrs. Haberkamp's homestead residence which was titled in the Trust On or
about December 29, 2009, Mr. Haile sold the residence, netting the Trust the sum of
$131,271.98. It appears that this amount was deposited into a Smith Barney brokerage account.
We are aware of no other assets in the estate or trust. On behalf of Ms. Collins, we have
attempted to receive accountings from John Haile. Likewise, we seek other relief from Mr.
Haile. Copies of our pleadings are available upon request.
On August 12, 2011, by way of discovery, we received the attached ledgers. The first
ledger (Haile 0053) appears to be the probate account ledger. The second ledger (Haile 0054)
appears to be the Smith Barney account ledger. These ledgers evidence a history of either
excessive and/or illegal attorneys fees, excessive trustee fees and, otherwise, an unlawful
conversion of assets of the estate. The "business loans" are not explained and we suspect these
moneys were simply converted by Mr. Haile to his own use. Neither the Decedent nor my client
own or owned a business.
Accordingly, reasonable attorneys and trustees' fees, if any, aside, it appears to us that
Mr. Haile has converted the bulk of the estate to his own use.
I file this Inquiry as is my duty as a member of the Florida Bar under Rule of Professional
Conduct 4-8.3. I believe the conduct of Mr. Haile violates several Rules of Professional Conduct
which raise substantial questions regarding Mr. Haile's honesty, trustworthiness and fitness as a
lawyer.
THE FLORIDA BAR
PART THREE
Ms. Constance Collins
450 West 160 Bar Road
Hampshire, Illinois 60140
(630) 365-0555
This witness can testify to the multiple written requests for estate accountings, requests for
copies of documents filed with the Court, and other normal requests made within the context of a
beneficiary of a Trust and pour-over Will.
Ms. Collins is the client of Clifford R. Rhoades, Esquire and the firm, Clifford R. Rhoades, P.A.
and can attest to the lack of cooperation, the lack of response and lack of performance of his
fiduciary duty by John S. Haile, Esquire.
Date
.criptkm
Nancy L HafaeitempTnsst Cash Ace
Checi.
'ng
.it
Deposit Amt
5/27/2008 Received from Estate of Nancy L Habeosunp
S/27/2003 Comcast
S/27/2008 Tampa Tribune
5/27/2008 Florida Physicians Med Grp Inc
S/27/2008 DRG
S/27/2008 Shallow's Pool Service
6/Z/20Q8 Allstate
6/5/2008 John Katie, P.R. Attorney Fees
6/5/2008 John Halle.Trustee Attorney Fees
6/5/2008 A.C R/E Appraisal Svc.
6/9/2008 Progress Energy
6/24/2008 Sebring Heart Center
6/24/2D08 Aero Care Pharmacy
6/24/2008 Mina Bhatt, M.D.
6/24/2008 Alltel
6/24/2008 Embarq
6/24/2008 Beacon Respiratory Svc.
6/24/2008 Fla. PhysWans Med. Grp.
6/24/2008 AT&T Universal Card
6/24/2008 AT&T
7/5/2008 K.Worley
7/5/2008 John Halle Extraordinary Attorney Fees
7/15/2008 Allstate (House)
7/15/2008 Shallow's Poo! Service
7/15/2008 Progress Energy •
7/15/2008 CS. Painting
7/15/2008 John Halle Extraordinary Legal test Fees
7/17/200&£ankfee
7/31/2008 Interest
8/4/2008 John Halle, Trustee Fees
8/4/2008 John Halle, Personal Rep Fee
8/5/2008 Shallow's Pool Service
8/5/2008 Allstate
8/11/2008 Allstate (Car)
8/14/2008 Morris, inc.
8/29/2008 Interest
9/30/2009 Interest
10/2/2008 Morris, Inc.
10/2/2008 M&P Tree Pros, Inc.
10/2/2008 Jenifer Katie, Distribution
10/8/2008 Mail Call, Etc.
10/13/2008 Progress Energy 10/23/2008 Highlands County Tax Coll.
10/28/2008 AT&T Benefits Center 10/28/2008 Allstate (House}
10/31/2008 Interest
11/19/2008 W&W lumber
11/19/2008 Central Florida Painting
11/19/2008 Morris, Inc.
11/29/2008 S. B. INC (Pump repair)
11/29/2008 Griffin's Carpet
11/29/2008 Interest
12/31/2008 Maintenance Fee
Balance
57,836.62
21.33
59.03
10.97
18.00
270.00
92.74
3,000.00
6,500.00
300.00
199.29
72.S4
11.72
42.78
34.52
43.57
38.48
198.40
10.97
67.95
1935
726.42
8,767.54
92.76
90.00
66.65
2,550.00
4,837.21
6.00
1,550.00
,
0.32
6,298.00
2,252.00
90.00
184JJ2
66.96
74.34
50.00
90.00
0.7S
9655
74.17
92.76
90.00
<
0.67
340.00
1,000.00
9,000.00
238.50
750.22
88.49
72.80
74.37
464.46
92.76
0.38
90.00
104.43
74.37
67.06
UOO.OO
350.00
92.76
1,765.00
751.73
HAIL
n •?*;
U.Z3
500.00
7437
16.00
I
ancy L Haberkamp Trust Cash Accounting
Date
Description
New Balance
1/28/2009 American Institute of Dermatology
1/30/2009 Interest
2/27/2009 Interest
3/6/2009 Highlands County Tax Coll.
3/9/2009 Altstate (Car) '
3/31/2009 Interest
4/8/2009 Bank of America (SD Box rent)
4/27/2009 S. B. Well Drilling
4/30/2003 Interest
S/7/2009 Proceeds from sale of golf cart
5/13/2009 John Halle Attorney Fees
5/29/2:009 Maintenance Fee
5/29/2009 Interest
6/16/2009 Proceeds from Sale of Generator
6/16/2009 Lake Placid Hardware
6/17A009 Proceeds from Sale of Car
6/26/2009 Haile & Halle, CPAs (2008-1041)
6/30/2009 Allstate Car ins refund
6/30/2009 Interest
7/20/2009 Haile & Halle, CPAs 2009 (2009-1041)
7/31/2009 Interest
8/17/2009 Proceeds from personal property
8/26/2009 John Haile Attorney Fees
S/31/2009 Interest
9/1/2009 AHstate Ins. (Hse.) •
9/25/2009 Haile & Halle, CPAs (2010-1041)
9/30/2009 Interest
10/8/2009 Check Charge
11/5/2009 L P J
Check MA
Deposit Amt
Balance
1,792.42
92.76
74.37
95.81
90.00
92.76
99.94
16.00
0.15
74.34
92.76
73.58
16.00
0.12
90.00
1^57.67
74.37
78.25
92.76
16.00
j
0.09
90.00
SS.OO
74.37
69.00
1,925.00
16.00
0.06
1,350.00"
74.37
1,350.00
75.19
181.84
16.00
0.04
191.76
74.37
97.42
700.00
24.07
.9,300.00
90.03
230.00
790.00
67.49
16.00
0.16
110.14
90.00
250.23
1,950.00
394.83
90.03
0.29
93.79
140.00
150.00
100.00
3,120.00
0.19
90.03
1,053.00
16.00
0.03
12.75
9.85
149.02
360.00
HAILE 0054
Nancy L. Haberkamp Tru - Cash Accounting
•
1
I
I
Date
Description
1/4/2010 Proceeds Real Estate Sale
1/31/2010 Interest
~ - - - •—
"January Balances
2/10/2010 Trust Advances
($2176.42, 2011-1041 $1,765.00, $258 00 costs)
2/16/2010 Attorney Fees
~~
2/16/2010 Business Loan
2/28/2010 Interest
February Balances
3/31/2010 Interest
March Balances
4/30/2010 Interest
April Balances
Interest
May Balances
_ ——~— 6/3/2010 Business Loan
6/30/2010 Interest
June Balances
7/19/2010 Accounting fees
7/31/2010 Interest
July Balances
8/2/2010 Maintenance Fee reversed
8/10/2010 Haile and Hade, CPA's
8/31/2010 Interest
August Balances
*•
9/8/2010
9/16/2010 Interest
9/27/2010 Interest
September Balances
October Balances
11/1/2010 Rent
Check Amt
Deposit Ami
Balance
131,271.98
130,638.09
22.23 130,660.32
0.00
249.13
3,944.00
4^22.11
/ISÔOCLOO}
^
19,922.11
125.00
125.00
0.00
5,352.33
^3Sk§3--,
(^45,000.00 )
45,000.00
791 00
3,998.50
131 00
4,920.50
1,950.00
1,970.00
3^20.00
fWflWJJe!
^-2;9g7^00
4,984.00
17,971.00
0.00
2300.00
1,580.00
22.00
3,973.00
4,948.00
8,943.00
12/29/2010 Bank Fee
12/29/2010 Trustee Fees
- - - - December Balances "
136,21632
130,411.19
126,467.19
27.37
27.37
121,545.08
106,545.08
106,572.45
106,447.45
1.86 106,449 31
1.86 •*.
1.52 106,450.83
1.52
101,098 50
0.86 101,09936
0.86
56,099 36
0.59 56,099.95
0.59
55,308 95
51310.45
51,179 45
0.51
51,179 96
0.51
131.00 51310 96
49360.96
47390.96
034 4739130
0.34
3739130
34,40430
105.00 34,50930
29,52530
0.27
29,525 57
105.27
0.00
27,225.57
25,645.57
25,623.57
21,650.57
16,702.57
'*"
0.00
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BSlSSSI
THE FLORIDA BAR
PART ONE (See Page I, PART ONE - Required Information.):
Your Name : L?0f) .Sr>»/U
Organization: _
Attorney's Name: -30 X^t
ss: V 6u)/L>o
'Pi aLC.ro
City:
Zip Code: ffcg^ Telephone:
State:
Zip Code:60/Vo
ACAP Reference No.
State;
Phone:
-J? */
PART TWO (Sec Page I, PART TWO - Facts/Allegations.): The specific thing or things I am complaining about are:
r
/e.4-4.
PART THREE (See Page 1, PART THREE - Witnesses.): The witnesses in support of my allegations areTsee attached
sheet].
PART FOUR (See Pjê 1, PART FOUR -Signature.): Under penalties of perjury, I declare that the foregoing facts are
true, correct and complete.
II
Signature
Date
Witnesses
Kathy Worley (former employee of John S. Haile)
1525 Enrol St
Lake Placid, Fl 33852
863-699-6154
Can attest to unsubstantiated payments
Cindy Smith (paralegal)
Huck Bouma P.C
1755 S Naperville Rd Suite 200
Wheaton,I160189
630-344-1222 direct line
Can attest to formal request for accounting
Richard Renfro
Huck Bouma P.C.
1755 S Naperville Rd Suite 200
Wheaton,Il60189
630-221-1755
Can attest to formal request for accounting
Brenda Siegle
Compton Realty
518US27S
Lake Placid, Fl 33852
Cell: 863-464-0168
Can attest to his actions during the sale of the house
David Fisher and E. Blake Paul
Peterson and Myers PA
100 W Stuart Ave
Lake Wales, Fl 33853
863-676-7611
Can attest to formal requests for accounting and Haile's perceived intent to use conflict of
interest to postpone the initial hearing.
Clifford Rhoades P.A.
2141 LakeviewDr
Sebring, Fl 33870
863-385-0346
Can attest to all of the lengths I have gone to in order to obtain the accounting and all of the
delay tactics John Haile and his attorney used.
August 30,2011
August 12,2009
In response to an order to compel (document available upon request) John Haile
provided an accounting through his attorney Jon Marshall Oden (exhibit 1)
John Haile had continued to state that all assests had been transferred to the trust and that
the accounting he provided for the estate was complete, (exhibit 2)
In response to my Florida Bar complaint of Feb 2010 he stated in his letter to Heidi
Brewer that all rules had been followed (document available upon request)
Bank statement for Sun Trust account WHBHP^^ve from May 200$ to
December 2009 are all in the Estate of Nancy Haberkamp. (haile 0042,0032, ,0025)
additional documents available upon request
He did not provide bank statements from May 2008 or June 2008 so there is no way to
verify the beginning balance. He opened a new account and transferred the money from
the existing accounts into a new account. No funds from the Estate were ever transferred
to the Trust.
The accounting provided (haile 0053,0054,0055) shows Haile's systematic draining of
the estate and trust assets. My original agreement with John Haile was to pay him 4/5%
of the value of the estate. He valued the estate at $225,000 according to the distribution
he paid Jennifer Haile a 4% recipient on October 2,2008. This would put his amount at
$10,125.00
As shown in the discovery discrepancies exhibit 5) both he and his business (Haile and
Haile CPA) took $39,917.75 from the Estate Account^HflHMBR Funds he
converted to his own use providing no documentation to substantiate any of the amounts.
I do not think he ever sold the $9,000.00 custom golf cart as there is no deposit into the
account for the $1,350.00 he shows as proceeds from sale of golf cart (haile 0032) and 2
lines down on haile 0054 shows John Haile attorney fees $1,350.00
At the sale of the house he took $9,500.00 in fees (exhibit 6)
Haile 0055 shows how Haile misappropriated funds and transferred funds for his personal
use. As shown in exhibit 6 there were only 2 checks written on this account. One to Haile
and Haile CPA 8/18/10 (available upon request) and one issued from the bank on 9/29/10
bringing the balance to 0 (haile 0051.1) Accounting haile 0055 shows further expenses
and a balance after September 2010. All other withdrawls were made in cash or verbal
transfer to unknown accounts iMBHMtfcand flMVHfc (haile 0044.1,0048.1).
The $70,000.00 in business loans are unsubstantiated and were removed from the account
(haile 0043) by cash withdraw! or verbal transfer to unkown accounts.
All of these anomalies prove that the way John Haile spent the money was not what
Nancy Haberkamp intended.
John Haile is trying to use his bankruptcy to avoid restitution of funds.
FISHER RUSHMER
ATTORNEYS AT LAW
August 11,2011
Jon Marshall Oden
Internet Address. JODEN@f ISHEJU.AWF1RM COM
VIA FEDERAL EXPRESS
Clifford R. Rhoades, Esquire
Clifford R. Rhoades, P.A.
2141 Lakeview Drive
Sebring,FL 33870
Re:
Collins v. Haile
Our File No. 471-51
Dear Mr. Rhoades:
In follow-up to the email correspondence I sent to you on August 11, please find enclosed
what we have bate-stamped Haile 0001 thru Haile 0072 constituting our production of documents
in response to your amended request to produce dated June 16,2011.
Also enclosed is an invoice for discovery costs. Please place same in line for payment.
With regard to the documents requested in production request no. 1, please be advised that
other man the HUD 1 which is enclosed John Haite is not hi possession of any closing documents
as his firm did not handle the closing. The closing agent is listed on the HUD 1. The documents
enclosed are for the most part directly responsive to your request nos. 2, 3 and 5. There was no
request no. 4 in your amended request to produce. There was typographical error here.
fWoxtdJb t uLf>o*j A-tq^fc Sr
Please note that the enclosed do constitute all the documents and records which my client
maintains he has in his position and which he has produced to me. I have no additional
documentation from hiirtto produce, and without waiving any privilege, I am authorized to state that
this comprises the totality of the documents in my client's possession relative to this matter.
I am aware not all of the bank statements produced are complete copies, but this is all my
client has to produce. I also acknowledge some copies are less than perfect. Complete/better copies
can be subpoenaed. This is what we had to produce.
FISHER, RUSHMER, WERRENRATH, DICKSON, TALLEY & DUNLAJP, P. A.
20 N. Orange Avenue • Ste. 1500 • Post Office Box 712 • Orlando, Florida 32802-0712
P407.843.2111 • F 407.422.1080 * www.fisherlawfinn.coit>
Clifford R. Rhoades, Esquire
August 11,2011
Page 2
Thank you.
ihallOden
JMOMt
Enclosures
L \JWO\CoHins\LcUerWioades 0811H wpd
AU6 1 % 2011
BY:.
OFFICIAL RECORDS FILB# 1605576 BK 2265 PG 1606 RCD: 12/28/2010 06:40:18
D.C. CHOREA
ROBERT W, GERMAINE CLERK OF COURTS HIGHLANDS CO.
IN THE CIRCUIT COURT FOR HIGHLANDS
COUNTY,
FLORIDA
PROBATE DIVISION
IN RE: ESTATE OF
-IKFL
FdeNo. PC08-202
NANCY L. HABERKAMP
Division Probate
Deceased.
AMENDED PETITION FOR DISCHARGE
(single personal representative)
Petitioner, JOHN S. HADUE, as personal representative of the above estate, alleges:
1.
The decedent, NAKCYL. HABERKAMP, a resident of Highlands Florida, died on
March 26,2008, and Letters of Administration were issued to petitioner on April 24,2008.
2.
Petitioner files herewith either a Final Accountmg containing a complete report of
all cash and property transactions and of all receipts and disbursements since the commencement
of administration of this estate, or since the date of the last accounting filed herein, if any, or
waivers signed by all interested persons, other than petitioner, waiving the filing of a Final
Accounting.
3.
Petitioner has fully administered this estate by making payment, settlement, or
other disposition of all claims and debts that were presented, and by paying or making provision for
the payment of all taxes and expenses of administration.
4.
Petitioner has filed all required estate tax returns with the Internal Revenue Service
and with the Department of Revenue of me State of Florida, and has obtained and filed with tins
court evidence of the satisfaction of tins estate's obligations for both federal and Florida estate
taxes, if any,
5.
The amount of compensation paid or to be paid to the personal representative,
attorneys, accountants, appraisers, or other agents employed by the personal representative, and the
manner of determining that compensation, is set forth in Exhibit A attached hereto.
OFFICIAL RECORDS BOOK 2265 PAGE 1607
6.
PetitiocCT has made or proposes to make distribution of tlw assets of this estate as
reflected in die plan of distribution set forth in the schedule attached hereto as Exhibit B.
7.
The only persons, other titan petitioner, having an interest hi this proceeding and
their respective addresses are:
Name
,
Address
JOHN S. HAILE, Trustee NANCY L.
HABERKAMP TRUST
P. O. Box 1021
Lake Placid, Florida 33862
CONNIE COLLINS, C/O MICHAEL L.
KEIBER,Esq.
4121 Lakeview Drive
Sebring, Florida 33870
8.
Any objections to the Petition for Discharge, the Final Accounting, the
compensation paid or proposed to be paid, or the proposed distribution of assets, must be filed and
served within 30 days from the date of service of the last of the Petition for Discharge or Final
Accounting. Within 90 days after filing of the objection, a notice of hearing thereon must be
served, or the objection is abandoned.
9.
Objections, if any, shall be inwriting and shall state vrifc particularity the item or
items to which the objection is directed and the grounds on which fte objection is based.
Petitioner requests that, after satisfactory proof has been presented that distribution has
been made in accordance with the schedule of distribution and that claims of creditors have been
paid or otherwise disposed o£ an order be entered discharging petitioner as personal representative
of this estate and releasing the surely on any bond which petitioner may have posted in this
proceeding from any further liability on h.
Under penalties of perjury, I declare that I have read die foregoing, aod the facts alleged are
true, to die best of my knowledge and belief.
Signed on
, 2010.
OFFICIAL RECORDS BOOK 2265 PASE 1608
JQRNS.HAILE
r for Petitioner
i Bar No. 344249
PO Box 1021
Lake Placid, FL 33862
Telephone: (863) 465-1902
Fax:(863)465-2001
Petitioner
IN THE CIRCUIT COURT FOR HIGHLANDS COUNTY, FLORIDA
IN RE: ESTATE OF
NANCY L. HABERKAMP
PROBATE DIVISION
File Number: PC08-202
_
Division: PROBATE
T
R
C-5
Y
r
Deceased.
FINAL ACCOUNTING OF PERSONAL REPRESENTATIVE
From: MARCH 28,2008, Through: NOVEMBER 5,2009 L
n
SUMMARY
Principal
I. Starting fiaflance
Assets per Inventory or on Hand at
Close of Last Accounting Period
H. Receipts
Schedule A:
HI. Disbursements
Schedules:
IV. Distributions
Schedule C:
V. Capital Transactions and
Adjustments
Schedule D: Net Gain or (Loss)
VI. Assets on Hand at Close of
Accounting Period
Schedule E: Cash and Other Assets
$37,535.07
$37,535.07
S7S.070.14
$2,841.76
$2,841.76
$5,683.52
$34.69331
S34.693.31
$69386.62
$0.00
$0.00
$0.00
$0.00
o
r
FINAL ACCOUNTING OF PERSONAL REPRESENTATIVE,
ESTATE OF NANCY L. HABERKAMP
From: MARCH 28,2008, Through: NOVEMBER 5,2009
SCHEDULEC
Distributions
Date
Brief Description of Items
05-27-2008
Income
Principal
Nancy L. Haberkamp Trust
$34,69331
$34,693.31
TOTAL
$34,693.31
$34,693.31
through
11-05-09
(10)
•
,
• - • » { • ? . »
Questions? Pleas* call
l-»00-78*-8787
,;
/..ESTATE 0F.HAHCY-L HABERJCAHP
• •'( JOHN S HAXlE PERSONAL REP
;
•
. < v^ :.::-iioHN «•' HAILE • ' • • - . . . . -
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'..'.- .LAKE PLACID PL-35852-4598
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THAMJC YOU FOR BAHKIHtf WITH SUNTRUST. TO .LEARH MORE ABOUT MOW SUNTRUST-CAN KEET
YOUR'FINANCIAL SERVICES «ECDS, PLEASE VISIT OUR AfEB SITE AT WWW.SUNYRUSt;COH •
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Average
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Deposits/. :/Da1e~'
:; Amount Serial* ' 1
Credits
07/17 '-'.._, 20#q&l&'
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07/31'
; - ; • ; . . - .32
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interest P^d YeartoDate* .
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'Amount. Sertai*,^-, . . ..--.. . - ^ - :
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.^'; :l -v DEPOSIT •
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IMTERESTPAlDTJ^.STAlB*e>rrTHFaJ07/31
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(nfcDeposft^(fc7 . ' - , . : , ' . ' .
Checks
;
Caw*
..
;Number
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.99
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.: CH*oks:.t
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Withdrawals/ Date
: Amoqnl
•Debits •
- 'Paid .
'
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^
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Balance
Activity
History .
•-;-.-'
Date
:
07/17
07/18
. 07/23
-' • - • • - • •
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fe;Ii
.
.
.
.
• • -, •
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Balance
20,397.20
20^97,20 .
18,847^0
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Collected.
Balance
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20^97^0
18,847.20.
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Balance
29,656.76
29^56.76
29,657.08
-
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'•• Araoant" -Date ,.
Paid ;
'
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18,848,76 =.
28,792.76 :
" 29,657.08.
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07/28
07/30
07/31
.;
. ' ' " ..-" - - . . . - . - " " i ",-
. Amount ' Data I" Cbeck
. ;.
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Amount Date] Cnecic .
- Paid i Number
.. ; 1,550.00 07/& \
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ESTATE OF NANCY L HABERKAMP
JOHN S HAILE PERSONAX REP
JOHN S HAIfcE
2201 DAL HALL. BtVD
LAKE PLACID FL 33852-6598
'.
Questions?
1-^00-786-8787
KICK COMPLICATED TO THE CURB. MANAGE YOUR FINANCES ONLINE AND PROTECT YOUR
BUSINESS FROM .FRAUD WITH OHLINg CASH- MANACER.'. PLUS ENTEJS TO WIN A FREE'YEAR OF
SUHTRUST.»USI^€SS SOICUTIONS DESIGNED"'TO ..SAVE YOU TIHE AND HASSLE. THE SOLID
,
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. \T SUNYRUSt.COHÛSINESSj HO PURCHASE .NECESSARY.
Stjm,^^-
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Description
^7*66 ,
$272:21- Annual E>w
Ending Balance
Deposits/.
Credits ' '
Date
Anitfunt
•
JW
Check Number.
.-3d :
.04% j
IT&14 fatetest Paid Year to Ctele
Sertal*
Description .
- , .V
, .WTEBESiT PAID TH«S STATaJENT THRO M/31 '
Deposfe/Credite 1
Cheicks
Amount. !
.AiTiponivJ^crT^tion,/; :
-s
.' -'Total ItemieSepbsftectO
Amount
Amount bate I Check
•*
PjaidJ Dumber
.•-.,74:37
baler Check
425.00 oaosffsooi •,
147
Amount- • Date
Paid
. 75.19.05^0
Checks: 3
Wfthdrawais/
vButuf
Date
t*u$!t
05A3
Amount .Serial*
7437
«yae,
05/29
Descriplian
l4l.84 "
.
16.00
AKstate.jraCQ
CHECKPAYMT 8001
ELeCTRONKZfACHDBSlT.
.Alstate FUHDN
CHECKPAYMT 8001
MAINTENANCE FEE
Withdrawals
Balance
Activity
History-
Date
'Balance
05/01
OS/05
0W13
1,588^0
1,163^0
1.08S.13
Collected
Balance
1,588.50
1563.SO .
1,089.19
.- - -
HAILE 0032
V
239782 " "- *
Date
Balance
.
D5/26
1,013.94
832.10
•816.14
Collected
Balance
83Z.10
816.14
AcQount.^:-V/;f
Of ^riist'eiflQflpit-v':' •*•' •!'• .•".'
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JOHN. S.HAXLE ; . • - .
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tAKE PLACIfi Fi' 3S85Z-6598
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HE UKDERSTAHtf. THE CURRENT CHAt-LENGES OF THE feCOHOMY AND VE WANT TO PROVIDE YOU
WITH THE TOOLS- TO GONTXHUE TO STAY- OH SOUfr. GROUND IN THE MEM YEAR. AS A THANK
YOV WE ARE INCREASIMS ;tME DAILY PURCHASIN6 LIMIT ON YOUR B1JSIHESS .GHEOCCARD TO
"
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. BOSINESS
,: • Account
s; Summary
.Account Type
.Accountûmber
' *
Amount •-Description
•- • $.00 Averagg.Batanea. ..
$.00 Average Cuferted Balance
i-Balance
-Activity
:pate
Balance
12/01
;,Collectod
.00
..
if.
. ' - •.. .
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$;«»:
• -31 -
Coltscted
Nancy L Habmta^Tttrt Cash Accounting
CheckAmt
Oat*
5/27/2008 Reeelwdfrom Estate of NancyJuHabeaamp
S/27/2008 Comcast
57.836.te
21.33
59.03
10.97
18.00
5/27/2008 Tampa Tifcune
5/37/1008 Florida WiysictonsMect Grp me
5/27/2008 DRG
S/27/2008 Shallow's Pool Service
6/2/200S Allstate
6/S/2008 John Haile, PJL Attorney Fees
6/5/2008 John Hai!e,Trurtee Attorney Fees
6/5/2008 A.C. R/E Appraisal Svc.
6/9/2008 Progress inargy
6/24/2008 Sebring Heart Center
6/24/2008 Aero Care Pharmacy
6/2A/2008 Min* Matt, M.D.
6/24/2006 Alltel
6/24/2008 Bnbarn
6/24/2008 Beacon Respiratory Svc.
6/24/2008 Ft*. Physicians Med. Grp.
6/24/2008 AT&T Universal Card
6/24/2008 AT&T
7/5/2008 K-Worley
7/5/2008 John HaHe Extraordinary Attorney Fees
7/15/2008 AHstxte (House)
7/15/2008 John Hall* Extraordinary Legal Asst Fees
7/l7/200S.B»nkfee
7/22/200S CS. Painting
7/31/2008 interest
8/4/2008 John Halle, Trustee Fees
8/4/2008 John Halle, Personal Rep Fee
8/5/2008 Shellqw-s Pool Service
8/5/2008 ABstate
8/n/200B Allstate [Ca»)
8/29/2008 Interest
9/15/2008 Allstate (Car]
S/22/2008 Allstate (Housa)
9/30/2009 interest
10/2/2008 MbPTree Pros, toe.
10/2/2008 Jenifer Haite, Wstrlbution
10/8/2008 Mail Call, Etc
10/8/2008 Morris, me.
10/13/2008 Progress Energy 10/23/2008 Highlands County Tax Cdi.
10/28/2008 Allstate {Car)
10/28/2008 AT&T Benefits Center •
10/31^008 Interest
11/3/2008 Shallow's Pool Sertce
11/17/2008 ABstate (Car)
11/09/2008 W&W Lumber
11/19/2008 central Florida Painting
11/19/2008 Morris, Inc.
11/23/2008 S. B. r«C (Pump repair)
11/29/2008 Griffin's Carpet
11/29/2008 interest
12/29/2008 AUsiata (Car)
12/J1/2008 Maintenance Fee
270.00
92:74
3,000.00
6,500.00
300.00
199.29
11.72
42.78
3432
43.57
38.48
19840
10.97
67.95
19.35
726.42
8,767.54
92.76
90.00
66.65
2^50.00
4^37-21
6.00
XS50.00
032
6,298.00
2,252.00
90.00
184^2
6656
74.34
50.00
90.00
0.7S
96.55
74,37
92.76
90.00
0.67
340.00
1,000.00
9,000.00
238.50
750.22
88.49
72.80
74.37
464.46
92.76
038
90.00
104.43
74JS7
67.06
1400.00
350.00
92.76
1,765.00
75X79
HATJLEW53
0.25
500.00
74,37
16.00
Nancy t. Haberkamp Trust Cash Accounting
Date
Dascriptton
New Balance
ChackAmt
1,792*2
1/22/2009 Shallow's Pool service
1/28/2009 American Institute of Dermatology
1/30/2009 Maintenance F«e
1/30/2009 Interest
2/27/2009 Interest
3/2/2009 Shadow's Pool Service
3/6/2009 Highlands County Tax Cotl.
3/9/2009 AHstate (Car)
3/31/2009 Interest
4/9/2009 Shallow's fool Service
4/8/2009 Bank of America (SD Box rent}
4/27/2009 S. B. Well DnHing
4/30/2009 Interest
S/7/2009 Proceeds from sale of gotf cart
5/7/2009 Atetate (CarJ
5/13/2003 John Halle Attorney Fees
S/19/2009 Progress Energy
S/19/2009 Allstate (House)
5/29/2009 Interest
6/10/2009 Process Energy
6/16/2009 ProwedsfromSaleofGenerator
6/16/2009 tafce Placid Hardware
6/17/2009 ProceedsfromSale of Car
6/24/2009 Morris, Inc
6/26/2009 Haile & Haile, CPAs (2008-1041)
6/30/2009 Allstate Car Ins refund
6/30/2009 interest
7/9/2009 Morns, Inc.
7/20/2009 Haite&HaUe, CPAs 2009 (2009-1041)
7/20/2009 ShalWs Pool Service
7/31/2009 Interest
8/17/2009 Proceeds from personal property
8/26/2009 John Haile Attorney Fees
8/31/2009 Interest
'
9/1/2009 Allstate Ins. (Hse J
9/25/2009 Halle & Haile, CPAs (2010-1041}
9/30/2009 Maintenance Fw
9/30/2009 interest
10/8/2009 Check charge
11/5/20P9LPJ
DaposHAmt
92 n
74.37
95.81
90.00
92 76
99-94
16.00
&15
7434
92 76
7358
16.00
'
0.12
90.00
1357.67
74 37
76.25
92.76
16.00
0.09
90 00
55.00
74.37
69.00
1325*00
1600
7437
1,350.00^
7549~
18184
16 00
0.04
19176
74.37
97 42
700.00
24 07
, 9.50000
90,03
230 00
790 00
67-49
16.00
°ls
UOM
90.00
250.23
1,950.00
39483
90.03
O-29
93 79
14000
150-00
10OOO
3,120.00
ai9
90-03
1,053.00
16
-°°
a03
HAILE 0854
u 7S
9.85
1490Z
360-00
m
nancy L. Hal)£TKamp irusr <
Date
Check Amt
Description
1/31/2010 Interest
- Jariwary Balances
($2176.42, 2011-1041 $2,765.00, $258.00 costs)
,
0.00
249.13
3,944.00
Deposit Amt
131,27158
22.23
X-sCirs.iV ^y
136,216.32
2/28/2010 Interest
0.00
535233
0.59
0.59
45,000.00
791-00
3598.50
131.00
0.51
0.51
131.00
4,920.50
1,950.00
1,970.00
0.34
0.34
3,920.00
10,000.00
2587.00
105.00
4584.00
0.27
105.27
0.00
-- - -
12/29/2010 Bank Fee
"- ";
0.86
0.86
5,352.33
45,000.00
7/31/2010 Interest
July Balances
8/10/2010 Halle and Haile, CPA's
8/31/2010 Interest
August Balances
9/8/2010
9/16/2010 Interest
9/27/2010 Interest
September Balances
October Balances
11/1/2010 Rent
December Balances'..' .,.
1^6
1.86
1.52
3L52
125.00
7/19/2010 Accountingfees
2737
27.37
19,922.11
125.00
February Balances
3/31/2010 Interest
March Balances
4/30/2010 Interest
April Balances
Interest
May Balances
6/30/2010 Interest
June Balances
'
____,
17571.00
0.00
2300.00
1,580.00
3.880.00
"«*»
aijpwcivww
22.00
3573.00
- - 4548.00
8543.00
~-
130,411.19
126,467.19
4,922.11
15,000.00
Balance
330,638.09
130,66032
121,545.08
106,545.08
106,572.45
106,447.45
106,44931
^
106,450.83
101,098.50
101X39936
56,09936
56,099.95
55,308.95
51310.45
51,179.45
51,17956
5131056
4936056
47390.96
4739130
3739130
34,40430
34,50930
29,52530
29,52537
27,225.57
25,645.57
__,
QJQR-
T"-"""1
f
25,623.57
21,650.57
16,70237
0.00
Discovery discrepancies
Estate Account
Accounting found on Bates number Haile 0053 and 0054
The following appear on the Trust accounting for 2008. There was no documentation
provided to Constance Collins beneficiary to substantiate these fees
6/5/2008 John Haile P.R. attorney fees $3,000.00
6/5/2008 John Haile Trustee attorney fees $6,500.00
7/5/2008 K. Worley (Haile employee) $726.42
7/5/2008 John Haile Extraordinary Attorney fees $8,767.54
7/15/2008 John Haile Extrordiary legal asst. fees $4,837.21
8/4/2008 John Haile Trustee Fees $6,298.00
8/4/2008 John Haile P.R. Fees $2,252.00
10/2/2008 Jennifer Haile Distribution $9,000.00 * Jennifer Haile was designated as 4%
beneficiary which would value the estate per John Haile at $225,000,00
10/28/2008 AT & T Benefits Center $464.46
1/28/2009 American Institute of Dermatology $99.94
4/8/2009 Bank of America safe deposit box rental $55.00
5/13/2009 John Haile Attorney Fees $1,350.00
6/26/2009 Haile and Haile CPA $790.00
7/20/2009 Haile and Haile CPA $1,950.00
8/26/2009 John Haile Attorney Fees $3,120.00
9/25/2009 Haile and Haile CPA $1,053.00
Summary In 2008-2009 John Haile collected $24,574.75 in Trust attorney fees
In 2008-2009 John Haile collected $6,298.00 in Trustee fees.
In 2008-2009 the estate paid Haile and Haile $3,793.00
In 2008-2009 the estate paid John Haile P.R. $5,252.00
Not including the $9,000.00 distribution to Jennifer Haile, the estate paid John Haile
$39,917.75
The estate paid John Haile 9,500.00 in attorney fees on June 5,2008.30 days later on July
5,2008 the estate paid him 8,767.54 in extraordinary fees.
Other anomalies 2008-2009
7/15/2008 C.S Painting $2,550.00
7/22/2008 C.S. Painting $1,550.00
11/19/2008 Central Florida Painting $1,100.00
12/5/2008 Central Florida Painting $500.00
This was a 1200 sq ft house and the trust paid $5,700.00 for painting
11/29/2008 S.B. Inc pump repair $1,765.00
4/27/2009 S.B. Inc Well Drilling $1,925.00
The accounting shows the proceeds from the sale of a $9,000.00 custom golf cart was
$1,350.00 the deposit of which does not appear on the bank statement. 2 line items down
accounting shows John Haile attorney fees $1,350.00. No check appears on the bank
statement.
The accounting shows proceeds of the sale of a new $4,000.00 whole house generator to
be $700.00 deposited 6/17/2009
In recap per the accounting there was a total of $69,666.43 in assets and John Haile,
Haile and Haile CPA and Jennifer Haile received $48,917.75
Of the $20,748.68 remaining
Painting $5,700.00
Pool Service $2,166.59
Progress Energy $1,388.39
Allstate house and car $2,241.79
Appraisal $300.00
Doctor etc bills submitted after notice in paper $467.74
Bank fees $156.60
S.B Well Drilling $3,690.00
Morris lawn care and M.P tree service $3,120.45
Mail Call $238.50
Highlands County tax collector $1,430.47
AT&T Benefits Center 10/28/2008 $464.46?
Lumber/carpet/hardware $842.92
American Institute of Dermatology 1/28/2009 $99.94?
Bank of America safe deposit box 4/8/2009 $55.00?
LPJ?$ 149.02
The only expense on the accounting that relates to the trust is a check to Progress Energy
for $249.13
There was nothing left to administer as all assets had been sold and all expenses for those
assets were paid.
Only 2 checks were documented on this account.
8/18/10 Haile and Haile CPA 1,950.00
9/29/10 Bank check 6710545811 (no recipient shown) $29,525.57
Accounting shows the balance of the account in September was $29,525.57
There continues to be expenses shown after September 30 from this account with an entry
for rent for $2300.00
I* 1
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us.
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o
HAILEOQ43
SECOND AMENDMENT OF THE TRUST KNOWN AS
THE NANCY LEE HABERKAMP LIVING TRUST DATED
THE 4™ DAY OF SEPTEMBER, 1997
WHEREAS, NANCY LEE HABERKAMP did make and execute the above described
trust agreement on September 4,1997; as amended March 8,2006; and
WHEREAS, the aforesaid "Agreement of Trust" is a Trust revocable by NANCY LEE
HABERKAMP, and thereof reserves to NANCY LEE HABERKAMP the right to revoke or
amend said "Agreement of Trust" either in whole or in part; and
WHEREAS, NANCY LEE HABERKAMP now desires to amend the aforesaid trust
agreement
NOW, THEREFORE, this amendment to said "Agreement of Trust", as Amended is
A G'U-'
made this/Jf
I.—*
p.
A
day of UfWl^
/ \I
a
2006, and the aforesaid "Agreement of Trust" as
amended, is AMENDED in the following respects;
A Section of ARTICLE 7 is amended to read as follows:
7.2) B, Upon the death of the Grantor, Successor Trustee shall distribute all remaining
principal and income of this trust as follows:
1. NINETY-SIX PERCENT (96%) to CONSTANCE LEE COLLIN.
2. FOUR PERCENT (4%) to JENIFER L.HADLE, per stirpes.
Should CONSTANCE LEE COLLIN predecease her distribution then that share which
would have passed to her shall be distributed to as follows:
1. EIGHT PERCENT (8%) TO SAMUEL HOOSON
2. EIGHT PERCENT (8%) TO BENJAMIN HOOSON
3. EIGHT PERCENT (8%) TO ANNA LEE HOOSON
4. EIGHT PERCENT (8%) TO JOSEPH HOOSON
5. EIGHT PERCENT (8%) TO MARIANE HOOSON
6. EIGHT PERCENT (8%) TO JEFFREY CHAPPT2IX
01 JS 2812
ii; "
803fo4oK2
1 l
COUN1 f
IN THE SUPREME COURT OF FLORIDA
(Before a Grievance Committee) ^< l ^ 26 AM 1 1 * i 0
In Re:
Witness Subpoena Duces Tecum
JOHN SANDERS HAELE,
Case Nos,
Respondent.
W
T u« Sanders
o ,!«.-.
John
T>P, r^
U. -D
BOX 1!noi
02 1
220 Dal Hall Boulevard
Lake Placid, Florida 33852
863-465- 1 902
20 1 2-30,342( 1 OB)
20 12-30,444(1 OB)
2012-3Q,460(IOB)
D elivered a True Copy
of this Writ to;
Location:
.—
,
'•_n
•;. . ." GSubstitute:
r...Co . 3 _
^Personal
Q CorporateDNot Found QUnexecuted
Date: ?-24-/a-Time: /2-S9
Susan Beaton, Sheriff
HMrfands County, Florida
By ^^^- -_
D/S ID
YOU ARE HEREBY COMMANDED to appear before Bar Counsel
Kenneth H. P. Bryk, duly appointed pursuant to the Rules Regulating The Florida
Bar, at the Highlands County Courthouse, 430 S, Commerce Avenue, Sebring,
Florida 33820, on the 7th day of February 2012, at 10:00 o'clock, a.m., to testify in
the above entitled proceedings, and to produce and bring with you at that time the
following: the complete original file in the administration of the Estate and Trust of
Nancy Haberkamp; the complete original file in your representation of Henry
Handler; the complete original file in your representation of Michael Handler; all
police reports, charging documents and the judgment and sentences arising from
your arrests ir» Port St. Lucie and in Highlands County; and, for all trust accounts,
for the period January 3 > 2008 to present - copses of monthly bank statements,
cancelled checks, deposit slips, monthly bank reconciliations, receipts and
disbursements journals, client ledger cards, including al) cards with activity or an
open balance during the above period, and monthly comparisons. Please make
sure all of the copies are legible. If no included above, in the administration of the
Estate and Trust of Nancy Haberkamp, please bring all financial records reflecting
the receipt and disbursement of funds as set forth on the Nancy L Haberkarop
Trust Cash Account and/or Smith Barney account ledger referenced in the
complaints of Clifford R. Rhoades. 20 12-30342(1 OB) and Constance Collins,
20 12-3 0,444(1 OB).
01'26, 2812
11:3->
8636461422
PAGE
For failure to appear and testify as herein required, you may be deemed to be
in contempt of the Supreme Court of Florida,
Dated this
, day of January 2012.
FLORIDA BAR
Tînth Judicial Circuit
ievance Committee "B"/
Rofedrt Bfrcelle Pedty, Jr., Chair
83
STSC
SUBPOENA SERVICES
FL-ORLANDO-7136
COPY REFERENCE: 20120404000425
SS
04/04/12 14:05:26 22 WEB JOBT20404140420
0095040776 20081120
Y 07
J$
\ \e .
. Dollars
For._
If
.1
I997>86
BOO I
STSC
SUBPOENA SERVICES
FL-ORLANDO-7136
SS
04/04/12 14:05:26 25 WEB JOBT20404140420
0097228516 20081208
Y 07
SUNTRUST
Date.
Pay To The
Order Ol
Dollars
82 -.'
ifit
I
Nancy L. Haberkamp Trx. _ Cash Accounting
Date
Description
1/31/2010 Interest
-January Balances
($2176.42, 2011-1041 $1,765.00, $258 00 costs)
2/28/2010 Interest
February Balances
3/31/2010 interest
March Balances
4/30/2010 Interest
April Balances
Interest
May Balances
6/30/2010 Interest
June Balances
7/19/2010 Accounting fees
7/31/2010 Interest
July Balances
8/10/2010 Haile and Hade, CPA's
8/31/2010 Interest
August Balances
9/8/2010
9/16/2010 Interest
9/27/2010 Interest
September Balances
October Balances
11/1/2010 Rent
<*NovdniH>r-fii9 Iin w»^
12/29/2010 Bank Fee
—* - - December Balances "
Check Amt
.
0.00
249.13
3,944.00
Deposit Amt
131,271.98
22.23
136,216.32
130,411.19
126,467.19
4,922.11
15,000.00
27.37
27.37
19,922.11
125.00
1.86
1.86
1.52
1.52
125.00
0.00
5,352.33
0.86
0.86
5,352.33
45,000.00
0.59
0.59
45,000.00
79100
3,998.50
13100
0.51
0.51
131.00
4,920.50
1,950.00
1,970.00
034
034
3,920.00
10,000.00
2,987.00
105.00
4,984.00
17,971.00
0.00
2,300.00
1,580.00
880 +\nl
DO
3f QOU
22.00
3,973.00
4,948.00
8,943.00
Balance
130,638.09
130,660.32
0.27
105.27
0.00
121,545.08
106,545.08
106,572.45
106,447.45
106,44931
,.
106,450.83
101,098 50
101,099.36
56,099 36
56,099.95
55,308 95
51,310.45
51,179 45
51,179 96
51,31096
49,360.96
47,390.96
47,391 30
37,39130
34,404.30
34,509.30
29,525.30
29,525 57
27,225.57
25,645.57
—
O 00—
^,r>)iaL ^
25,623.57
21,650.57
16,702.57
0.00
MorganStanley
SmithBamey
312031RM01
REF: 00000721 00000000
JOHN HAILE TTEE
FBO NANCY HABERKAMP TRUST
U/A/D 03-26-2008
P.O. BOX 1021
LAKE PLACID FL
FINANCIAL MANAGEMENT ACCOUNT
FEBRUARY I - FEBRUARY 28, 2018
PAGE 1 OF 3
NAME SQRTiHAILE JOHN
FC6ENC02
ACCOUNT NUMBER
MORGAN STANLEY SMITH BARNEY LLC. MEMBER SIPC.
YOUR FINANCIAL ADVISOR
DALE GRUBB
FMA CLIENT SERVICES: 1-800-634-9855
611 US 27 SOUTH
BRANCH PHONE: 800 962 2548
SEBRING
FL 33870
TTY/TDD DEAF & HARD OF HEARING: 800-227-423
863 382 1818
EMAIL: DALE.W.GRUBB3SHITHBARNEY.COM
WEBSITE: HUU.SNITHBARNEY.CON
CLIENT HOME PHONE: HISSING
CLIENT BUS. PHONE: 863-465-5646
CLIENT DATE OF BIRTH: 07/26/56
53862-1021
$ 7.19 YTD COMM:
$ 7.19
NTD COMH:
ATTN FCS: ALL DISCLAIMERS HAVE BEEN REMOVED. THIS DOCUMENT IS FOR INTERNAL USE ONLY AND MUST NOT BE DISTRIBUTED OUTSIDE THE FIRM.
ACCOUNT CARRIED BY CITIGROUP GLOBAL MARKETS INC. MEMBER SIPC.
ACCOUNT VALUE
BANK DEPOSIT PROGRAM -PRINCIPAL
TOTAL VALUE
TOTAL
SUMMARY
IT PROGRAM INTEREST
CASH, HONEY FUND, BANK DEPOSITS
OPENING BALANCE
DEPOSITS
I HITHDRAJALS
PORTFOLIO SUMMARY
THIS PERIOD
THIS YEAR
TAXABLE NON-TAXABLE TAXABLE NON-TAXABLE BEGINNING
[NNING TOTAL
TOTA VALUE
$ 0.00
$ 0.00
THIS PERIOD
(EXCL. ACCR. INT.
SECURITY DEPOSITS/WITHDRAWALS
$ 0.00
(24,749^3)
$ 0.00 NET CASH" DEPOSltS/WiTHDRAHALSI "
BEGINNING VALUE NET Of DEPOSITS/UITHDRHLS 106,545.08
TOTAL VALUE AS OF 2/26/2010(EXCL. ACCR. IS 106.572.45
CHANGE IN VALUE
S 27.37
49.60
49.60
H£|
GAIN/LOSS SUMMARY
THIS PERIOD
$ 0.00
UNREALIZED GAIN OR (LOSS) TO DATE
00000721 00000000
312031RM01
THIS YEAR
$ 0.00
0.00
106,522.85
106,522.85
$ 106,572.45
i 49.60
THIS YEAR
MorganStanley
Smith Barney
REF:
THIS YEAR
131,271.98
(24,749.13)
THIS PERIOD
$ 106,572.45100.00 BANK DEPOSIT PROGRAM INTEREST REINVESTED
$ 106,572.45100.00 CLOSING BALANCE
A FREE CREDIT BALANCE IN ANY SECURITIES ACCOUNf MAY BE PAID TO YOU ON DEMAND.
._ _.
ALTHOUGH PROPERLY ACCOUNTED FOR, THESE FUNDS NAY BE USED FOR BUSINESS PURPOSES.
LAST PERIOD
$ 131,294.21
$ 131,294.21
* 27.37
$ 27.37
THIS PERIOD
$ 131,294.21
0.00
<ZM49.13)
FEBRUARY I * FEBRUARY 28, 2010
FCGENC02
FA6E 2 OF
JOHN HAILE tltt
ACCOUNT NUMBER
0BT*X!.S
BANK DEPOSIT 2ROSRAH
_ DEPOSIT INSURANCE CORPORATION (FDIC) PROVIi
INSURANCE ON DEPOSITS UP TO $250,000 PER ACCOUNT OWNER, PER BANK. HOWEVER, THE SMITH BARNEY BANK
CERTAIN LIMITS TO THE MAXIMUM DEPOSIT AMOUNT PI ITTED IN CERTAIN BANKS, WHICH NAY BE BELOW THE MAXIMUM FDIC INSURANCE LIMITS FOR CERTAIN TYPES OF /
u. BALANCES MA
ACCOUNT TYPE EXCEEDS THE MAXIMUM FDIC INSURANT LIMITSj THOSE DEPOSITS^MILL BE UNINSURED^BALANCESMAINIAINED
IN.PEPOSJI.ACCOUNTS ALEACH..AFFI.LIATI
GLOBAL MARKETS INC. FOR COMPLETE DEI
PROVIDED BY C
PRINCIPAL
DESCRI ION
106,572.45 CITIBA NA SOUTH DAKOTA
IT PROGRAM
TOTAL BANK DEPOSI
IGRAN
CURRENT
VALUE
$ 106,572.45
$ 106,572.45
ACCRUED
INTEREST
ANTICIPATED INCOME
(ANNUALIZED)
$ 319$
$ 319.*71
ANNUALIZED 2
RETURN
$ 0.00
REARING ARE BASED ON TRADE-DATE.
REFERENCE NO.
02/10/10
FR
VERBAL
AMOUNT DATE
249.13 02/16/10
DESCRIPTION
FROM i
TO i
\IF
3,944.00 02/16/10
VERBAL
TOTAL WITHDRAWALS
REFERENCE NO.
AMOl
5,556.
15,000.
S 24,749.
02/19/2010 10:06
FAX
883 382
2212
MORGANSTANLEYSMITHBARNEY - . S A R A S O t A
Client Verbal Instructions
MorganStanley
SmithBarney
Must be completed in full for aHjequests:
Account
FA Number
Cadets)
taounW,lleM:
Instruction; recei««f lfom/can!irm»d (Check I bo* anil list all names/dales b^lavt):/
n AH actaunt owners
Q Authorized agent
i!002/003
V
£^tll (rt/stm<or 1 ffustee if Fiduciary CertificationffS036is on file)
7
Method el client 10 verification Jjij(ftrsonally taawn D ^W^ Question
Repca:cd inslnictions back to clienl
Q OthH
^
*Qu«tio(c.
Account Maintenance:
Q Change of Address
Q Add/Change/Delele alternate address*
New Info:
' If P.O. Box or e/o address, Alternate MiU WIWB 13590 required K foHow-up.
Pra«de lefaMftysol iddres*
Q Statiidienl CDnSOlidallOn (list account numbers):'
Q SCA)'Request
Fran-.
Reason:
To;
Q Add IP D Change IP Q Delete IP
IP Mantf 4 Adrfress:
Q Release Information to third party (a>m«, uMnss.emiUk, (ai, etc.):
Specify information to be released:
* must be secured/enabled, 01 sent Btftugh SBiflm
Asset Movement- (Hd for Corps, UCs, Partnerships & S29 Plans);
Add Retail Request Number:
D Che* payable to client (up to $100,000] to be picked up by third party"; prow)* name ol third party:
Amount
•Enter chsctcn CCMS code |T)h!r(( party pickup, aflii restrictive endonement sump on lac* of check
Q Check payable to client (up to $lOO,000)to be mailsd to alternate/third party address*; provide name/address:
Amount:
* met check CCMS with cfenl mat ml jltnsataliwd pwty i<Jdreu; tffut reslrid'm mdaneme/rt itjrap on back drteck
D Check made payable to third party (up to $100,000} to be Dialled or picked up by third party* or client; provide name/address.4
Security: (irdBlenurabu of *jres)
Journal to. (tccouM number/namti
tnto chedi wGCMSwui third party name Md address
O Entire account
Q Multiple securities
(itbch sepaiatt list)'
II to IRA, can only be to Traditional, Roth or SEP current or irior year, within IRS limits; provide contribution cede.
Instructions received (/(signature):
'
MorganStanley
FINAKCIAL MANAGEMENT ACCOUNT
FEBRUARY 28, 2010
Smith Barney
REF: 00000740 00000000
MR JOHN HAILE
P.O. BOX 1021
312031RM01
PASE I OF 4
NAME SQRTtHAILE JOHN
FCGENC02
ACCOUNT NUMBE
MORGAN STANLEY SMITH BARNEV LLC.
VOUR FINANCIAL ADVISOR
CLIENT HOHE PHOME: 863-441-3039
CLIENT BUS. PHONE: MISSING
MEMBER SIPC.
DALE^RUBB.
.- US 27 SOUTH
SEBRING
FL 33870
863 382 1816
TTY/TDD DEAF & HARD OF HEARING: 800-227-42.
EMAIL: DALE.H.GRUBB3SNITHBARNEY.COM
WEBSITE: WHW.SNITHBARNEY.COM
ATTN FCS: ALL DISCLAIMERS HAVE BEEN REMOVED. THIS
.... DOCUMENT IS FOR INTERNAL USE ONLY AND MUST NOT BE DISTRIBUTED OUTSIDE THE FIRM.
ACCOUNT CARRIED BY CITIGROUP GLOBAL MARKETS INC.
" MEMBER SIPC.
ACCOUNT VALUE
TOTAL VALUE
LAST PERIOD
$ 0.00
$ 0.00
THIS YEAR
CASH, MONEY FUND, BANK DEPOSITS
THIS PERIOD
OPENING BALANCE
$ 0.00
DEPOSITS
24,500.00
24,500.01
THIS PERIOD
WITHDRAWALS
(11,494.00)
(11,494.00)
13,007.56100.00 BANK DEPOSIT PROGRAM INTEREST REINVESTED
1.56
$ 13,007.56100.00 CLOSING BALANCE
$ 13,007.56
A FREE CREDIT BALANCE IN ANY SECURITIES ACCOUNT MAY BE PAID TO YOU ON DEMAND.
RLY ACCOUNTED FOR, THESE FUNDS MAY BE USED FOR BUSINESS PURPOSES.
PORTFOLIO SUMMARY
THIS PERIOD
THIS YEAR
THIS PERIOD
TAXABLE NON-TAXABLE TAXABLE NON-TAXABLE BEGINNING TOTA
JE (EXCL ACCR INT.)
$ 0.00
Si."56
$ 0.00 $ 1.16 " $ O(T NETSECURrfY DEPOSITS/WITHDRAWALS'
0.00
$ 1.56 $ 0.00 $ 1.56 $ 0.00 NET CASH DEPOSITS/WITHDRAWALS
3,006.00
BEGINNING VALUE NET OF DEPOSITS/UITHDRVLS
'006.00
TOTAL VALUE AS OF 2/26/Z010(EXCL. ACCR. INS 13 ,007.56
S 1.56
VALUE
GAIN/LOSS SUMMARY
THIS PERIOD
THIS YEAR
S 0.00
EARNINGS SUMMARY
BANK DEPOSIT PROGRAM INTEREST
TOTAL
MorganStanley
Smith Barney
REF:
00000740
00000000
312031RM01
THIS YEAR
$ 0.00
0.00
13,006.00
13,006.00
$ 13,007.56
$ 1.56
PABE 2 OF 4
FEBRUARY 28,
MR JOHN HAILE
FCGENC02
ACCOUNT NUMBER <
PORTFOLIO
B&KK DE£OS!?
THE FEDERAL DEPOSIT INSURANCE COR
(FDIC) PROVIDES INSURANCE ON . JSITS UP TO $250,1
APPLIES CERTAIN LIMITS TO THE
..._ NAX
NAXINUM DEPOSIT AMOUNT PERNITTED IN CERTA 5*NKS,HHICHMAY'
WHERE AN ACCOUNT TYPE EXCEEDS THE MAXIMUM FDIC INSUIT"" LIMITS, THOSE DEPOSITS HILL BE UNIN:
PROTECTED BY THE SECURITIES INVESTOR PROTECTION CORP
ION ("SIPC") OR ANY EXCESS-SIPC CDVEI
"BANK DEPOSIT PROGRAM DISCLOSURE STATEMENT."
6
SOUTH DAKOTA
BANK DEPOSIT PROGRAM
TOTAL BANK DEPOSIT PROGRAM
ACCRUED
INTEREST
OWNER, PER BANK. HOWEVER, THE SMITH BARNEY BANK
IXIMUM FDIC INSURANCE LIMITS FOR CERTAIN TYPES OF A
:$ MAINTAINED IN DEPOSIT ACCOUNTS AT EACH AFFILIATE
BY CITIGROUP GLOBAL MARKETS INC. FOR COMPLETE DET
ANNUALIZED Z
RETURN
$ 0.00
$ 39.02
ED ON TRADE-DATE.
DEPOSITS
DATE
02/11/10
DESCRIPTION
DEPOSIT RECEIVED AT
00150 - SARASOTA FL
9,500.
:/l6/io FROM"
TO
TOTAL
AMOUI
15,000.1
$ 24,500.1
MorganStanley
SmithBamey
REF:
00000740 00000000
WIfHBRAWALS
312031RM01
FINANSIAl
FEBRUARY 28, 2010
PABE 3 OF 4
ACCOUNT
MR JOHN HAILE
ACCOUNT NUMBER1
FCGENC02
AH
REFERENCE NO.
DESCRIPTION
7,50
FROM " '"
TO*.
VERBAL
TOTAL WITHDRAWALS
$ 11,49'
THE TERM DEPOSIT TYPICALLY REFERS TO CLIENT INITIATED DEPOSIT OF FUNDS. THE TERM AUTODEPOSIT TYPICALLY REFERS TO THE "SWEEP" OF FUNDS INTO A PROGRAM BANK
TRANSACTION, A DIVIDEND FROM A STOCK OR INTEREST FROM A BOND. CONVERSELY, WITHDRAWAL IS THE TERM THAT REFERS TO TRANSACTIONS THAT CAUSE FUNDS TO BE REDEEI
AS THE PAYMENT FOR AN INVESTMENT PURCHASE OR THE PAYMENT OF FMA CHECKS THAT YOU HAVE WRITTEN.
DATE
OZ/17/IO
DESCRIPTION
FROM^
REFERENCE NO.
AMOUNT DATE
3,994.00 OZ/ZZ/10
TO
VERBAL
DATE
ACTIVITY
OZ/1Z/10 AUTODEPOSIT
02/17/10 WITHDRAWAL
$ 0.00
AMOUNT DATE
9,500.00 02/17/10
-5,994.00 OZ/ZZ/10
DESCRIPTION
ACTIVITY
AUTODEPOSIT
WITHDRAWAL
DESCRIPTION
BANK DEPOSIT PROGRAM INTEREST CREDITED
(SEE DETAILS UNDER EARNINGS DETAILS)
CLOSING BALANCE
AMI
15,001
-7,501
$ is,oo;
EARNINGS DETAILS
THE TAX STATUS OF EARNINGS IS RELIABLE TO THE BEST OF OUR KNOWLEDGE. TAXABLE AND NON-TAXABLE DESIGNATIONS REFER TO THE FEDERAL INCOME TAX STATUS OF YOUR
SECURITIES, NOT OF YOUR ACCOUNT.
BAKK DE20SI? fRGORAH IMTERESf
THIS SECTION CONTAINS INTEREST CREDITED TO YOUR ACCOUNT. ACCRUED INTEREST IS NOT INCLUDED. SEE PORTFOLIO DETAILS SECTION FOR ACCRUED INTEREST INFORMATION.
DATE
DESCRIPTION
COMMENT
NON-TAXABLE
TAXABLE
AMOUNT
OZ/Z6/10
BANK NA SOUTH DAKOTA
CITIBANK
REINVESTED
$ 1.56
* 1.56
FOR PERIOD OZ/01/10-OZ/Z8/10
28 DAYS AVERAGE YIELD .30 Z.
TOTAL BANK DEPOSIT PROGRAM INTEREST EARNED
$ 0.00
$ 1.56
$ 1.56
MorganStanley
SmithBarney
REF:
00000740 00000000
312031RM01
FINANCIAL MANAGBfENT ACCOUNT
FEBRUARY 28, 2010
FCGENC02
PA6E $ OF 4
MR JOHN HAILE
ACCOUNT NUMBER
MESSAGE: IT'S NOT TOO LATE TO MAKE YOUR $5,000 IRA CONTRIBUTION FOR 2009, BUT TIME IS RUNNING OUT AS THE APRIL 15TH DEADLINE APPROACHES. AT THE SANE TINE 1
YOUR $5,000 IRA CONTRIBUTION FOR 2010. THE CONTRIBUTION LIMITS ARE HIGHER IF YOU ARE AGE 50 OR OLDER. FOR MORE DETAILED INFORMATION OR IF YOU HAVE ANY QUI
FINANCIAL ADVISOR.YOUR
MorganStantey
Smith Barney
REF: 00000741 00000000
JOHN HAILE CHARTERED ACCT.
P.O. BOX 1021
312031RH01
MARCH 4 • MARCH 31, 2010
PAGE I OF ft
NAME SQRTiHAILE JOHN
FCGENC02
ACCOUNT NUMBER
MORGAN STANLEY SMITH BARNEY LLC. MEMBER SIPC.
YOUR FINANCIAL ADVISOR
DALE GRUBB
611 US 27 SOUTH
SEBRING
FL 33870
863 382 1818
TTY/TDD DEAF & HARD OF HEARING: 800-227-42
EMAIL: DALE.W.GRUBB3SMITHBARNEY.CON
WEBSITE: WWW.SNITHBARNEY.COM
CLIENT HOME PHONE: 863-441-3039
CLIENT BUS. PHONEiJISSING.
CLltNI DATE OF BIRTH: 07/26/56
NTD COMH:
125.55 YTD COMM:
MTD FEES:
125.00 YTD FEES:
ATTN FCS: ALL DISCLAIMERS HAVE BEEN REMOVED. THIS DOCUMENT IS FOR INTERNAL USE ONLY AND MUST NOT BE DISTRIBUTED OUTSIDE THE FIRM.
ACCOUNT CARRIED BY CITIGROUP GLOBAL MARKETS INC. MEMBER SIPC.
ACCOUNT VALUE
TOTAL VALUE
LAST PERIOD
$ 13,007.56
$ 13,007.56
THIS YEAR
CASH, MONEY FUND, BANK DEPOSITS
THIS PERIOD
$ 13,007.56
OPENING BALANCE
0 00
DEPOSITS
24,500.00
THIS PERIOD
7. WITHDRAWALS
(125.00)
(11^619.00)
$ 2,361.85100.00 CHECKS WRITTEN
(10,523.02)
(10,523.02)
2.31
$ 2,361.85100.00 BANK DEPOSIT PROGRAM INTEREST REINVESTED
CLOSING BALANCE
$ 2,361.85
A FREE CREDIT BALANCE IN ANY SECURITIES ACCOUNT NAY BE PAID TO YOU ON DEMAND.
ALTHOUGH PROPERLY ACCOUNTED FOR, THESE FUNDS NAY BE USED FOR BUSINESS PURPOSES.
THIS PERIOD
THIS YEAR
PORTFOLIO SUMMARY
PERIOD
TAXABLE NON-TAXABLE TAXABLE NON-TAXABLE
,007.56
S 2.31 $ 0.00 $ 3.87 $ 0.00 BEGINNING TOTAL VALUE (EXCL. ACCR. INT.)
0.00
% 2.31 $ 0.00 $ 3.87 $ 0.00 NET SECURITY DEPOSITS/WITHDRAWALS
NET CASH DEPOSITS/WITHDRAWALS
(10 ,648.02)
BEGINNING VALUE NET OF DEPOSITS/UITHDRHLS
2J359.54
TOTAL VALUE AS OF 3/31/2010(EXCL. ACCR. WITS 2 361.85
GAIN/LOSS SUMMARY
$ 2.31
CHANGE IN VALUE
THIS PERIOD
THIS YEAR
$ 0.00
n
EARNINGS SUMMARY
TOTAL
MorganStanley
Smith Barney
REF:
00000741 00000000
312031RM01
MARCH 1 * MARCH 31, 2010
FCGENC02
THIS YEAR
$ 0.00
0.00
2,357.98
2^357.98
$ 2,361.H5
$ 3.87
PABE 2 OF ft
ACCOUNT NUHBE
POfiTFOLIO OXTAILS
BAKK
THE FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC) PROVIDES INSURANCE ON DEPOSITS UP TO $250,000 PER ACCOUNT OWNER, PER BANK. HOWEVER. THE S IITH BA
APPLIES CERTAIN LIMITS TO THE MAXIMUM DEPOSIT AMOUNT PERMITTED IN CERTAIN BANKS, WHICH MAY BE BELOW THE MAXIMUM FDIC INSURANCE LIMITS FOR C STAIN
...
WHERE AN ACCOUNT TYPE EXCEEDS THE MAXIMUM FDIC INSURANCE LIMITS, THOSE DEPOSITS WILL BE UNINSURED. BALANCES MAINTAINED IN DEPOSIT ACCOUNTS IT EACH AFFILIATE!
PROTECTED BY THE SECURITIES INVESTOR PROTECTION CORPORATION ("SIPC") OR ANY EXCESS-SIPC COVERAGE PROVIDED BY CITIGROUP GLOBAL MARKETS INC. FOR COMPLETE DETi
"BANK DEPOSIT PROGRAM DISCLOSURE STATEMENT."
PRINCIPAL
DESCRIPTION
CITIBANK NA SOUTH DAKOTA
'
'
BANKlEMirPROGRAM
TOTAL BANK DEPOSIT PROGRAM
CURRENT
VALUE
$ 2,361.85
S 2,361.85
ACCRUED
INTEREST
ANNUALIZED I
RETURN
ANTICIPATED INCOME
(ANNUALIZED)
.23!
* 5.43
.23!
$ 5.43
$ 0.00
TJRJ.NS&CTIQK DETAILS
ALL TRANSACTIONS APPEARING ARE BASED ON TRADE-DATE.
03/24/10
FN
02/10
AL FEE AS OF
AMOUNT DATE
125.00
DESCRIPTION
REFERENCE NO.
AHOUI
IVIorganStanley
MARCH 1 - MARCH 31, 2D10
Smith Barney
REF:
00000741 00000000
CHECKS
ACCOUNT NUMBER *** »*7930 -
CHECK
NO.
01001
01002
01004*
01008*
01009
WRITTEN
03/04/10
03/04/10
02/07/10
03/23/10
OS/03/10
CLEARED
03/04/10
03/08/10
03/15/10
03/10/10
03/30/10
312031RM01
PABE 3 OF 4
FC6ENC02
CITIBANK NA
DESCRIPTION
COUTURES
CARSEV DENTON
CHRISTINA JANEL HAILE
PUBLIX
CATHERINE REID
TRACKING
CODE
G
AMOUNT
102.19
48.00
240.00
60.45
90.01
CHECK DATE
DATE
NO.
WRITTEN CLEARED DESCRIPTION
01011*03/25/10 03/29/10 KAVLA SUMMERFIELD
01012 02/12/10 03/26/10 EDWARD JONES
01014*03/26/10 03/29/10 SAMANTHA LONG
01026x03/12/10 03/16/10 PUBLIX
01027 03/12/10 03/16/10. HAIERIN6 HOLE
TOTAL CHECKS WR
TRACKING
CODE
K
AMOUNT
219.20
9,500.00
44.00
156.17
63.00
10,523.02
XCHECK HISSING IN SEQUENCE
SUMMARV OF TRACKING CODES
F
MISC TAX DEDUCTIBLE EXPENSED """I 60.45
™IS ^ 60.45 S DEFINED BY YOU
G
BUSINESS EXPENSES
258.36
258.36 U DEFINED BY YOU
K
INSURANCE EXPENSES
219.20
219.20
UNCODED
THE TERM DEPOSIT TYPICALLY REFERS TO CLIENT INITIATED DEPOSIT OF FUNDS. THE TERM
"' !AUT01
TRANSACTION, A DIVIDEND FROM A STOCK OR INTEREST "FROM A BOND. ~coNVERSELv.™wiTiiui«wnL
IITHDRAUAL »
IS me
AS THE PAYMENT FOR AN INVESTMENT PURCHASE OR THE PAYMENT OF FHA CHECKS THJT YOU HAVE WRITTEN
B&KK BEPOSIT PROGft&H &CTIVIT¥
DATE
03/04/10
03/06/10
03/10/10
03/15/10
03/16/10
OPENING BALANCE
ACTIVITY
DESCRIPTION
WITHDRAWAL
WITHDRAWAL
WITHDRAWAL
S 13,007.56
AMOUNT DATE
-102.19 03/24/10
-48.00 03/26/10
" " 03/29/10
03/30/10
IVIorganStanley
SmithBarney
REF:
00000741 00000000
RJJIKfSS 0ET&ILS
312031RM01
THIS PERIOD
THIS YEAR
$ 44.00
$ 44.00
240.00
240.00
9,701.01
9,701.01
Tulr
TYPICALLY REFERS T"
"«' __ OF FUNDS INTO A PROGRAM BANK
TERM THAT REFERS 1
TIONS THAT CAUSE FUNDS TO BE REDEE
ACTIVITY
WITHDRAWAL
WITHDRAWAL
WITHDRAWAL
WITHDRAWAL
MARCH 1 * MARCH 31, 2010
DESCRIPTION
BANK DEPOSIT PROGRAM INTEREST CREDITED
(SEE DETAILS UNDER EARNINGS DETAILS)
CLOSING BALANCE
AH
-12
-9,50
-26
-9i
$ 2,36
*ABE 4 OF 4
JOHN HAILE CHARTERED ACCT,
FCGENC02
!AX_STATUS_OF_EARNINGS IS RELIABLE TO THE BEST OF OUR KNOWLEDGE. TAXABLE AND NON-TAXABLE DESIGNATIONS REFER TO THE FEDERAL INCOME TAX STATUS OF YOUR
SECURITIES, NOT OF YOUR
INTEREST
YOUR ACCOUNT. ACCRUED INTEREST IS NOT INCLUDED. SEE PORTFOLIO DETAILS SECTION FOR ACCRUED INTEREST INFORMATION.
DESCRIPTION
AMOUNT
TAXABLE
NON-TAXABLE
CITIBANK NA SOUTH DAKOTA
REINVESTED
$ Z.31
$ 2.31
FOR PERIOD 03/01/10-03/31/10
31 DAYS AVERAGE YIELD
.23 Z.
$ 0.00
$ 2.31
$ 2.31
MESSAGE: IT'S
NOT
TOO
LATE
TO
MAKE
YOUR
$5,000
IRA
CONTRIBUTION
FOR
2009,
BUT
TINE
IS
RUNNING
OUT
AS
THE
APRIL
15TH
DEADLINE
APPROACHES.
AT THE SAME TINE V
0
??!!5J?iC?
8J?§n£0!ffiyBUTION FOR tm- Tl* CONTRIBUTION LIMITS ARE HIGHER IF YOU ARE AGE 50 OR OLDER. FOR MORE DETAILED INFORMATION OR IF YOU HAVE ANY QUE
rIHAnv1ftL ADV1SOK•fUUK
CONTAINS INTEREST
DATE
03/31/10
MESSAGE: CONSOLIDATED STATEMENT OF FINANCIAL CONDITION (IN THOUSANDS OF DOLLARS):
AT DECEMBER 31 , 2009, CITIGROUP GLOBAL MARKETS INC. HAD NET CAPITAL OF $10.886.418 WHICH EXCEEDE1
EXCEEDED THE SECURITIES AND EXCHANGE COMMISSION'S MINIMUM REflUIRENE
A COPY OF THE CITIGRdUPjGLOBAL
l_._
MARKETS INC. CONSOLIDATED STATEMENT Of FINANCIAL CONDITION CAN BE
-- VIEWED ONLINE AT: WWW.SNITHBARNEY.COM/PDF/SFC2436.PDF OR MA
NO COST BV CALLING
MorganStanley
SmithBarney
REF: 00000725 00000000
JOHN HAILE TTEE
FBO NANCV HABERKAMP TRUST
U/ft/D 03-26-2008
P.O. BOX 10Z1
LAKE PLACID FL
312031RM01
HAY 31 - JUNE 30, 2010
PAKE i OF 3
NAME SQRTtNANGY HABERKAMP TRUST
FC6ENC02
ACCOUNT NUNBE
HORGAN STANLEY SMITH BARNEV LLC.
VOUR FINANCIAL ADVISOR
CLIENT HONE PHONE: HISSING
DALE GRUBB
611 US 27 SOUTH
SEBRING
FL 33870
863 382 1818
MEMBER SIPC.
EMAIL: DALE.tl.GRUBB3SMITHBARNEY.COH
WEBSITE: WWW.St1ITHBftRNEY.COM
33862-1021
TTV/TDD DEAF « HARD OF HEARING: 800-227-4231
MTD CONN:
NTD FEES:
8.98 YTD COMM:
168.16
YTD FEES:
USE ONLY flm KUST NOTJSBE0.00
DISTRIBUTED
OUTSIDE THE$$ 125.00
ACCOUNT VALUE
TOTAL VALUE
EARNINGS SUMMARY
TOTAL
H, MONEY FUND, BANK DEPOSITS
THIS PERIOD
THIS YEAR
NING BALANCE
$ 101,099.36
0.00
DEPOSITS
131,271.98
5 PERIOD
2 WITHDRAWALS
(45,000.00)
(75,226.46)
.59
6,099.95100.00 BANK DEPOSIT PROGRAN INTEREST REINVESTED
,099.95100.00 CLOSING BALANCE
$ 56,099.95
A FREE CREDIT BALANCE IN ANY SECURITIES ACCOUNT NAY BE PAID TO YOU ON DEMAND.
ALTHOUGH PROPERLY ACCOUNTED FOR, THESE FUNDS NAY BE USED FOR BUSINESS PURPOSE
LAST PERIOD
$ 101,099.36
$ 101,099.36
PORTFOLIO SUMMARY
THIS PERIOD
THIS YEAR
TAXABLE NON-TAXABLE TAXABLE NON-TAXABLE BEGINNING TOTAL W
.59
.59
GAIN/LOSS SUMMARY
$ 0.00
$ 0.00
$ 54.43
$ 54.43
THIS PERIOD
$ 0.00
THIS PERIOD
INT.) $ 101,099.36
0.00 NET SECURITY
(45,000.00)
0.00 NET CASH DEPOSITS/WITHDRAWALS
BEGINNING VALUE NET OF DEPOSITS/WITHDRWLS 56,099.36
TOTAL VALUE AS OF 6/30/2010(EXCL. ACCR. INS 56,099.95
CHANGE IN VALUE
$ .59
THIS YEAR
MorganStanley
MAY 31 - JUNE 30, 2010
SmithBarney
REF: 00000725 00000000
312031RM01
FC6ENC02
THIS YEAR
$ 0.
0.
Itot
, 56^099.
PASE 2 OF 3
JOHN HAILE TTEE
ACCOUNT NUMBER
B&HK
THE FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC) PROVII INSURANCE ON DEPOSITS UP TO $250,000 PER ACCOUNT OWNER, PER BANK.
APPLIES CERTAIN LIMITS TO THE NAXIHUN DEPOSIT AMOUNT P! TIED IN CERTAIN BANKS, WHICH MAY BE BELOW THE MAXIMUM FDIC INSURA
WHERE AN ACCOUNT TYPE EXCEEDS THE MAXIMUM FDIC I
INITS, THOSE DEPOSITS
WILL BE UNINSURED. BALANCES MAINTAINED IN DDEPOSIT ACCOUNTS AT EACH AFFILIATE
t LIMITS,
DEPOSITS'WILL
" PROVIDED
'BY CITIGROUP GLOBAL MARKETS INC. FOR COMPLETE DEI
PROTECTED BY THE SECURITIES INVESTOR PROTECTION C(
ITION rSIPC") OR ANY EXCESS-SIPC COVERAGE
-BANK DEPOSIT PROGRAM DISCLOSURE STATEMENT."
^$9-9.95
SOUTH DAKOTA
BANK DEPOSIT PROGRAN
TOTAL BANK DEPOSIT PROGR
ALL TRANSACTIONS
m
DATE
06/03/10
CURRENT
VALUE
$ 56,099.95
J 56,099.95
ANNUALIZED Z
RETURN
ANTICIPATED INCOME
(ANNUALIZED)
.01
,5.60
$ 5.60
$ 0.00
BASED ON TRADE-DATE.
REFERENCE NO.
TO.
VERBAL
ACCRUED
INTEREST
AMOUNT DATE
45,000.00
DESCRIPTION
REFERENCE NO.
AMOU
OG/02/2010 01:00 FAX
&002/002
Client Verbal Instructions
MorganStanley
SmithBarney
Must be completed in luil for all requester
HI acconmownen.
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use the or i g i n a l check.
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MorganSfanley
SmittiBarney
MR. JOHN HAILE
tf.O. BOX 1021
IAKE"PLACID,FL33B62
Pay to the
Order of
ANCIAL M/iNAGEMENTACCOUNT .._
... B4-W55
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RETAIL BUYERS ORDER
MERCEDES-BENZ
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ME3CEDES4SEX2
4301 Millsrtia Blvd , Or'ando, Florida 32839
(407) 367-2700
SMDFRS-M1LL.,..
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MSMV 83040 (HEV. CRWM) S
www fihsmv.gov
IN..
riorum JJ.A.V.I.JJ. MV status rage
Page 1 ol1
A SAFER
FLORIDA
HHWWAY SftFgft HIS> MOtOR
Driver And Vehicle Information Database (DAVID)
Motor Vehicle Status
Vehicle Information
Tag Number:
JTitle: 0096416882
IVIN: WDBSK71F07F123785
^Year/MakeT20fl7^^RCEDiS-BENZ FOR CARS AND
Decal: YeanOOOO
T, j -,^
Class Code: n/»n
OOOBody:2D
Reg Expiration
Date:00/00/0000
Weight:004100 LBS
Reg Issue Date : 00/00/0000
GVW: 000000 Axles:0
Previous Issue Date:
01/27/2011
,
'Previous Title State: FL
[Use:
Odometer Reading: 0020457 Odometer Date: 08/10/2011
(Odometer Status: A
Color: RED
Fleet#/Unit#: 000
Type: AUTO
Registration Status:
r "
Title Status:SOLD
Brands:
Owner Information
Name: JOHN HAILE CHARTERED
DOB: 00/00/0000
Address: PO BOX 2227
STUART, FL 34995-0000
Lien Information
jThere is no lien on this Vehicle
Insurance Information
(Insurance for Vin#: WDBSK71F07F123785 (2007 MERZ) is not on file. Does not mean uninsured.
[
Registration History
Title History
][
New Search ] [ Main Menu
Back Button
https://www.hsmv.flcjn.net/servlet/MVStatus
3/7/2012
MorganStarUey
SmithBarney
312031RM01
REF: 00000728 00000000
JOHN HAILE TTEE
FBO NANCY HABERKANP TRUST
U/A/D 03-26-2008
P.O. BOX 1021
CUBHT mmw
SEPTEMBER 1 - SEPTEMBER JO, 2B1BNANE SORTiHANCY HABERKAMP TRUST
FCGENC02
ACCOUNT NUMBER'
MORGAN STi
BARNEY LLC. NEHBER SIPC.
iOR
DALE GRUBB
611 US 27 SOUTH
SEBRING
FL 33870
863 382 1818
.CON
ENAIL: DALE.W.
.CON
WEBSITE: WWW.SH
YOUR :i:::.
CLIENT HONE PHONE: MISSING
ATTN FCS: ALL DISCLAIMERS HAVE BEEN
ACCOUNT CARRIED BY CITIGROUP GLOBAL
NTD COMN:
S 4.29 YTD CONN:
$ 182.06
NTD FEES:
$ 0.00 VTD FEES:
$ 125.00
ENT IS FOR INTERNAL USE ONLY AND MUST NOT BE DISTRIBUTED OUTSIDE THE FIRM.
IVED. THIS
—S INC.
ACCOUNT VALUE
CASH, NONEV FUND, BANK DEPOSITS
THIS YEAR
OPENING BALANCE
105.00
131,507.98
(47,496.57)
2 WITHDRAWALS
(129,613.53)
THIS PERIOD
(1 950.00)
S 0.00
CHECKS WRITTEN
$ OlOOlOO.OO BANK DEPOSit'PROGRAM
IT PI
INTEREST CREDITED
°'.°°
$ 0..
00
CLOSING BALANCE
EDIT BALANCE IN ANY SECURITIES ACCOUNT NAY BE PAID TO YOU
A FREE CREDIT
ALTHOUGH PROPERLY ACCOUNTED FOR, THESE FUNDS NAY BE USED FOR BUS""
LAST PERIOD
$ 47,391.30
$ 47,391.30
EARNINGS SI
TOTAL
MGE i OF 3
THIS PERIOD
THIS YEAR
PORTFOLIO SUNHARV
TAXABLE NON-TAXABLE TAXABLE NON-TAXABLE
THIS PERIOD
$ .27 $ 0.00 $ 55.55 $ 0.00 BEGINNING TOTAL VALUE (EXCL. ACCR. INT.) $ 47,391.30
IAWALS
0.00
$ 0.00 $ 55.5!
$ 0.00
GAIN/LOSS SUMMARY
THIS PERIOD
$ 0.00
THIS YEAR
THIS YEAR
$ 0.00
0*00
(55.55)
LS
(47,391.57)
_:iTS/WITHDRWLS
(.27)
0(EXCL. ACCR. INT.) S 0.00
* *Z7
TOTAL VALUE AS
CHANGE IN VALUE
PfcS'
$ 55.55
ALL TRANSACTIONS APPEARING ARE BASED ON TRADE-DATE.
:SCRIPTION
MorganStanley
SmithBarney
REF:
00000728
00000000
312031RM01
,S
REFERENCE NO.
ANOI
CLIENT STATEMENT
SEPTEMBER 1 - SEPTEMBER 30, 2910
FCGENC02
-_^
THE
DESCRIPTION
AMOUNT DATE
PAGE 2 OF 3
JOHN HAILE TTEE
ACCOUNT NUMBER
AMOUNT
10,000.00
/ 10
2,987.0009/29/10
DESCRIPTION
FROM 1
REFERENCE NO.
VERB"??
CHECKR6710545811
SIT TYPICALLY REFERS TO CLIENT INITIATED DEPOSIT OF FUNDS. THE TERN AUTODEPOSITMrPICALLY RE
.
INTEREST FROH A BOND. CONVERSELY. WITHDRAWAL IS THE TERM THAT RE
PAYMENT FOR AN
NT PURCHASE OR THE PAYNENT OF FNA CHECKS THA> YOU HAVE WRITTEN.
TO THE 'SWEEP' OF FUNDS INT
ANN
4,984.
29,525.
$ 47j,49
.jM BA
BE RE
* PfcrtfiC&W
s i^'PTtS'TW
CTI¥IT
MiMfF
*
*
DATE
V
DESCRIPTION
09/03/10 W
RAHAL
BANK DEPOS
BW ITHDRAWAL BANK DEPOS
09/16/10 AUTODEPOSIT BANK DEPOS
t!^ £L 'fit 18 *f *Kf jfif ^5 ft HJ T & ^ ^ ^K
'AMOUNT DATE
-10,000.00
'
09/23/10
09/27/10
ACTIVITY
WITHDRAWAL
RAWAL
DESCRIPTION
CLOSING BALANCE
AMOU
-4,984.
-29J5Z5.
S 0.
THE TAX STATUS OF EARNINGS IS RELIABLE TO THE BEST OF OUR KNOWLEDGE. TAXABLE AND NON-TAXABLE DESIGNATIONS REFER TO THE FEDERAL INCOME TAX STATUS OF YOUR
SECURITIES, NOT OF YOUR ACCOUNT.
B&UK- DEPOSIT fBOSR&E I8TBREST
THIS SECTION CONTAINS INTEREST CREDITED TO YOUR ACCOUNT. ACCRUED INTEREST IS NOT INCLUDED. SEE PORTFOLIO DETAILS SECTION FOR ACCRUED INTEREST INFORMATION.
DA
TAXABLE
NON-TAXABLE
AMOUNT
CONNENT
9/27/10
A SOUTH DAKOTA
FULL RON ACCRUED INTEREST
S .27
$ 0.00
$ .27
MESSAGE: CONSOLIDATED STATEMENT OF FINANCIAL CONDITION:
AT JUNE 30, 2010, CITIGROUP GLOBAL MARKETS INC. HAD NET CAPITAL OF $8.31 BILLION WHICH EXCEEDED THE SECURITIES AND EXCHANGE COMMISSION'S MINIMUM REQUIREMENT
OF THE CITIGROUP GLOBAL MARKETS INC. CONSOLIDATED STATENENT OF FINANCIAL CONDITION CAN BE VIEWED ONLINE AT: WWW.SHITHBARNEY.COM/PDF/SFC2436.PDF OR MAY BE MA
CALLING (877) 936~2757.
MESSAGE: IMPORTANT INFORMATION IF YOU
IF YOU HAVE A NARGIN ACCOUNT WITH US,
AND AS A RESULT NAY RECEIVE COMPENSATI
AY USE CERTAIN SECURITIES IN YOUR ACCOUNT FOR, AMONG OTHER THINGS, SETTLING SHORT SALES AND LEI
Oft/01/5010 lfl-37 FAX
OOP/OO?
* SARASHTA
Verbal Client Instructions
MorganStanley
SmithBarney
Must be completed to lull tor all
%/•
fn«.M ft Rdud,ry
MM
on «S036 i, on file,
n Change of Address
New Info:
Q Statement consolidation out mount nuiuwsh
"OSCAT RniueslnuiooltoitKt
10;
Q Add IP
Spicily information to be refeuaf;
M.U>djnt (uo to $100rOOO> m M Dieted up by thffd Mrty-; pm(rirf»nmt of third party,
^^^ft^^
DI Security: (mefuui aumbercf thintl IO Enfire account IQ Multlpl* locuritiic
tau.Tn.^Rortor^
Instructions nmtlwd^; ^p FA j^CSA
Riealvid
D3-S«o-lD
DB:32an
QOther
DQZ
JOHN S. HA1LE, PA
P.O. BOX 1021
cftT smith barney
6&-7ZB5/2U
LAKE PLACID, FL 33882
Date
BUSINESS FMA ACCOUNT
H88-5S7-BFMA
Gtibank, N.A. Englewtxxl Oiffs, N J.
For.
1451
:> *
O
o
6710545811
MorganStanley
BankolAnwiica,NA
Atlanta
SARASOTA n 34236
Amount
Drtafc County, GA
9a!t_
cegioup Global Mai hats inc
•••" $29,525.57 _
Account
cunt Number
Numl
09)29/10
VOID AFTER ISO DAYS FROM ISSUANCE
Pay Exactly:
EXACT!. Y29THOUSANDS2S DOLLARS 57 CENTS
To Th» Ordtr Of:
JOHN HAILE TTEE
FBO NANCY HABERKAMP TRUST
U/A/D 03-26-2008
P.O. BOX 1021
AutmindSignatui*
TWO Signuiin Fitted II o«w (100,000 00
i:oE,iU27aai: DID us
3112086
PAYEE'S ENDOBSEMEI>fr2
II !
C9
f-0
KfUH Rl
CO
1N31M3SHOON3 S.SiAtf
.
Amount:
Account:
Bank Number:
Sequence Number:
Capture Date:
Check Number:
$540.00
06310027
98927S9456
11/04/2010
93
BankofAmeric
11/4/2010
2128
0014
O
o
Electronic Endorsements
Date
Sequence
11/04/2010
00090902518
11/04/2010
009892769456
11/04/2010
00090902518
Bank #
311990511
111012822
263179804
Endrs Type
Undetermined
Pay Bank
Rtn LOC/BOFD
Bank Name
SOUTHWEST BRIDGE COR
BANK OF AMERICA, NA
MIDFLORIDA CU
Trunc Return Reason
N
N
Y
Amount:
Account:
Bank Number:
$2,300.00
Sequence Number: 1792148574
Capture Date:
11/02/2010
Check Number:
0
06310027
to ' ? * ' - * *
«&*<*fe—_.«:
Electronic Endorsements
Date
Sequence
11/01/2010 000008060090500
11/02/2010 001792148574
11/01/2010 5421417
11/01/2010 000008060090500
Bank #
063111596
111310346
067006775
111310346
Endrs Type
Undetermined
Col Bank
Rtn Loc/BOFD
Col Bank
Bank Name
INDEPENDENT BANKERS
BANK OF AMERICA, NA
FIRST BANK AND TRUST
BANK OF AMERICA, NA
Trunc Return Reason
N
N
Y
N
Amount:
$1,000.00
Account:
VHBHB
Bank Number: 06310027
Sequence Number:
Capture Date:
Check Number:
7250158794
11/09/2010
91
Bankof America
/DODO IODODD/
•« i
{
-o
£?
$&
STSC
SUBPOENA SERVICES
FL-ORLANDO-7136
SS
04/04/12 14:05:26 10 WEB JOBT20404140420
0097441703 20081007 .._Y_ Q7
9000.00
MMMMMMR
000000
Sutftausr
Data
$'<}.000,00
Dollars
Wauchula State
->063104927<-
fi
s§

JOHN SANDERS HAILE, R

Transcription

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