Bennett Geiger - Page 8

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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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