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judgment in the Circuit Court for the Fourth Judicial Circuit of
the State of Florida seeking $2,067,926.87 in damages.5
During the period of the alleged embezzlement, Ms. Clark
continued to use her credit card for personal purchases and
accumulated an unpaid balance of $10,000. Ms. Clark did not
provide an explanation of how that credit card debt was
consistent with her admission to the embezzlement of several
thousand dollars per week from BBTS.
Ms. Clark maintained, until she met with respondent’s
counsel on March 14, 2006, that she did not embezzle any money
from BBTS or petitioner. In February 2006, petitioner threatened
Ms. Clark, who had recently applied for a real estate license,
that, if at the trial of the instant case she did not admit to
embezzling from BBTS, he would take out an ad in the
newspaper calling her a liar and thief.6 Ms. Clark did not admit
to the alleged embezzlement on her application for a real estate
license. Ms. Clark, before testifying at trial, received legal
advice from petitioner’s attorney regarding the statutes of
5We note that this roughly coincides with the timing of
petitioner’s threat to Ms. Clark, see infra, and may have been an
attempt to influence her testimony in the instant case. Ms.
Clark had not made a payment under the agreement since May 18,
2004, yet petitioner waited almost 2 years to file for a
judgment. Additionally, Ms. Ellis received a threatening phone
call 2 weeks before trial, although the identity of the caller is
not in evidence.
6Petitioner intended to intimidate Ms. Clark with the threat
of losing her license or future business.
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