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Monday, November 13, 2006

GABE MARTIN MONEY MACHINE

MEDIA UPDATE: SORT OF A NICE REPORT, BUT BOY NICK DID YOU BLOW IT. HOW MUCH CLEARER COULD I HAVE BEEN? NOBODY KNOWS ME, AND NOBODY ESPECIALLY APPLIES TO JUDGE BLAKE AND WHOEVER TOLD YOU IT WAS MR. O'DONNELL. IF YOU WOULD HAVE ASKED ME ABOUT PHIL REIZENSTEIN I WOULD HAVE TOLD YOU THE TRUTH. THEN WHAT WOULD YOU HAVE DONE WITH YOUR REPORT?

THAT BEING SAID: THE REAL REPORT EVERYONE HAS BEEN CLAMORING FOR:



THE CAPTAIN REPORTS:

THE FLORIDA BAR V. GABRIEL I. MARTIN

On October 6, 2006, The Florida Bar filed a Petition For Emergency Suspension against Gabriel I. Martin. In their petition they seek "emergency suspension" of Mr. Martin from the practice of law, because he "appears to be causing great public harm."

He is accused of causing great public harm by "assisting a suspended Florida attorney in facilitating a real estate fraud." This began as an FBI investigation into George Louis Garcia and fraudulent real estate transactions. Martin was Garcia's employer. Martin was subpoenaed on May 15, 2006, given two extensions, and finally complied with the subpoena on July 10, 2006.

Pursuant to the subpoena, Martin produced bank statements and canceled checks from his trust account for the period May 1, 2005 - December 1, 2005, along with incomplete receipt and disbursement journals. He supplied no client ledger cards or any of the files requested in the subpoena. At a later date, Martin turned over additional bank statements and canceled checks for Jan. 1 - June 30, 2006.

Martin told the investigators that he employed Garcia "to carry out real estate transactions." He explained that he permitted Garcia to conduct real estate closings, deal directly with buyers, sellers, brokers, real estate agents, lenders, bankers, appraisers; he let Garcia execute HUD-1 statements, make deposits, prepare all checks, and more. Martin signed the title insurance documents and the checks. Martin failed to supervise Garcia's actions in his office.

According to the records produced, Garcia had signed every single HUD-1 settlement statement as the Authorized Representative, he held himself out to be a practicing lawyer, and communicated with the lenders by giving them instructions of how, when and where the funds to buyers were to be deposited.


With Martin's "acquiescence, Garcia not only represented himself as an attorney in good standing but also directed a vast conspiracy to defraud lenders and other by conducting fraudulent real estate closings." Garcia, using straw buyers, brokers and others participated in at least 92 fraudulent closings.

From April 12, 2005 - August 3, 2006, Martin signed 104 checks totaling $1,547,780.91, payable to Garcia from Martin's operating account. He also signed 12 checks totaling $469,118.14, payable to Garcia from the Trust Account.

The Florida Bar accuses Martin of "apathy" in that he permitted Garcia to conduct operations in his name and for his failure to comply with the subpoena duces tecum served on May 15, 2006. Despite being served on May 15, 2006, Martin failed to investigate Garcia's operations. Further, he continued to allow Garcia operations to continue, "allowing Garcia to perpetrate fraud in a host of other real estate closings." At least 13 other closings took place between 5/24 and 7/14 and approximately $8,865,432.64 from lenders was received in the Trust Account.

Martin showed up at the Florida Bar offices on July 10, 2006, and denied knowledge of what was going on in his office. At the same time, a wire transfer of $4,468,601.25 was received into his Trust Account and business continued unabated. As a title agent, Martin is required "to follow the lender's closing instructions." He must ensure that the final HUD-1 Statement accurately describes the receipts and disbursements of the closings. Martin never ensured that this obligation was met......

Sounds like Gabe Martin and his attorney Richard Baron will have lots to talk about after Mr. Martin finishes up the chop shop trial before Judge Greene "north of the border".

Rumpole notes: uhho. And you can quote us.

41 comments:

Anonymous said...

We heard all of that before in the DBR.
I practice a little real estate law and the fact that checks were written and that monies went through trust accounts tell us nothing.
Garcia has a huge problem if he was stealing by way of straw buyers. Based on your report, Martin has a problem also because his trust account was used to commit a crime. That will not get you indicted alone but it will get your ticket pulled-at least for a year or so.

Rumpole said...

Anonymous said...
Rump, couldn't get to a TV. Were you behind a black or pixelated screen with your voice scrambled to make you sound like a kidnapper asking for ransom?

Rumpole: No I answered some questions by email. I have the full questions and answers and will post them this week. The funny thing is, he never asked me who I was or if I was Ed O'Donnell or Phil Reizenstein.

Anonymous said...

Rumpole

Why are you so angry?

Poor gabe. RIP.

Captain is a snoop dog. Capi, this clears the way for you in 08.

Nushan Safie hates you Rumpole. Is that why your so mad?

Judge Blake: We all know you read the Blog more than once every two weeks.

Rumpolephilskin was outted.

Anonymous said...

Give me a break.Gabe is toast.

The Bar never suspends an atty on an emergency basis unless they have super good proof the guy is a crook.

Gabe will be in handcuffs within a few weeks.

Every time a lawyer steals, we all suffer.

Rumpole said...

I'm not angry; I'm not Phil; and who was that broad trashing us?

Rumpole said...

Anonymous said...
Gabe Martin hired attorney Alan Kaiser to represent him on the criminal side.

Monday, November 13, 2006 7:26:08 PM


Anonymous said...
Gabe hired Mike Grieco.

Monday, November 13, 2006 7:39:20 PM


Anonymous said...
Gabe hired Andy Kotsin, of course

Anonymous said...

regardless of what happens to Gabe with the bar or criminally - all I can say is "WHAT A F*()*)(%IN MORON!!!!!!!!!!"

Anonymous said...

There is no evidence that Mr. Martin stole a thing. Nor is he accused by the bar of stealing. But grind your politcal axe. That's what the blog is for.

Anonymous said...

best comment on the tv story was blake saying he reads the blog every 2 weeks. NO one reads it every two weeks, every two minutes is more like it

Anonymous said...

That broad was Mrs. Safie of the Law Offices of BHB. Govern yourself accordingly Rumpole.

Anonymous said...

Blake is full of it.

Anonymous said...

Gabe hired Scott Hidnert, he pled no contest and has 30 days to pay. No points either.

Anonymous said...

Gabe has not hired anyone. He will wait until he is arrested and then hire whomever the bondsman recommends

Rumpole said...

Those last two comments are pretty funny; and I have to agree that Judge Blake logs on more than every two weeks. How would I know? I don't. But not knowing apparently does not stop ....ahh...whats the use?

Anonymous said...

Didn’t Garcia shoot his own cousin dead outside of Garcia’s Hialeah home?
I believe Garcia claimed he thought his cousin was a burglar. The cops didn’t buy it but couldn’t get enough for the state to file

Anonymous said...

Gabe hired Sy, jury selection is wednesday.

Rumpole said...

rofl

Anonymous said...

Why did garcia get in trouble. I was in court on a day that he tried to withdraw his plea before judge lauren levy miller but we were rushed out of court by the older prosecutors. (which would mean to me that we was cooperating and we weren't supposed to hear anything) In any event, why did he get in trouble?

SHERLOCK said...

The case for Judge Stan Blake being Rumpole:

1) Who is known as being the biggest wit in the REGJB? Blake gives a speech at the FACDL dinner every year that is ten times more funny than what he writes on the blog

2) Rumpole writes about people and times from the early 80's and late 70's. That stikes out a lot of people including the top suspects.

3) Rumpole had never said which office he works in. But if you read his stuff, he has more sympathy with the PD point of view. Blake is an ex PD.

4) Blake has PRIORS. YES HE HAS DONE SOMTHING LIKE THIS BEFORE. Next time you see him, as him about his newsletter, Judge Tojflat, and the Florida Bar Complaint.

Hmm...could just be right. And of course, where better to hide then out in public? Commenting on the blog. He reads it every two weeks or so. Anyone believe that???

Stan??

Jason Grey said...

Martin has a problem any way you look at it. You guys think Garcia is going to just take the fall? Garcia will claim he was simply doing what he was instructed to do, and that the lawyer was the boss. Who was writing the checks? It is always hard for a Lawyer to claim ignorance. Laymen believe we know stuff they don’t.
Twelve million in six months is a lot of money, If Gabe paid himself a substantial amount then look out.
That being said ,Gabe is a nice guy and I hope he comes out ok.

Jason Grey said...

Judge Blake is in backup and is usually in trial most of the week . Rumpole often posts at times J. Blake would be on the bench.

Anonymous said...

hey capitan, very good report; G. Martin is in serious trouble with the bar. Now you can line up the support for 2008. Captain For P.D.

Anonymous said...

I support the Captain for PD draft too. It's time for a change; it's time for the Captain.

any truth that blog will now be podcasted to my Ipod?

Anonymous said...

Captain for PD? Why? Cause he is a politcal gossip hound? What has he ever done to distingish himself? Plus, he will not run against Ban em. That means Captain in 2116-Brummer is in for the long run.

Anonymous said...

Rumpole
You have come a long way my friend. Your big time now. Keep up the good work.

Anonymous said...

I suspected Stan Blake being Rumpole too.

The cocaine and resisting with violence... just a little too... coincidental.

Anonymous said...

JASON= Rumpole posts early morning and late afternoon. Hardly court time.

Anonymous said...

"I was in court on a day that he tried to withdraw his plea before judge lauren levy miller but we were rushed out of court by the older prosecutors. (which would mean to me that we was cooperating and we weren't supposed to hear anything)."

You were probably rushed out of court for being the type of moron that would publicly post that someone is cooperating with the State.

Anonymous said...

Is Alan Kaiser the guy that used to be in the US Attorney's Office? How did Gabe come across him?

Anonymous said...

It's not Blake. Blake is funny but not sophisticated funny. Also, Rump has frequently been out of town in trial so it ain't Stan.

Anonymous said...

are you all crazy - you don't think Rumpole lies about what he does and where he is?

Fred Garvin said...

All lawyers are blood-sucking, motherless scum who should be incarcerated in prisons and only let out into the courtroom to defend the reasons why they shouldn't just be killed outright, and then killed anyway as a show of true justice.

In other news, GO BUCS! No not Tampa Bay you schmucks, THE Ohio State Buckeyes! Now go take some poor abused wife's last dime defending her against some Neanderthal psychopath that your drinking buddy is defending (and who you crack jokes about the case with) in your latest divorce case that you are dragging out in the hopes of collecting a greater percentage of the house money. You vile filth of a human being. I hope you get hit by a gas truck and taste your own blood as you die a slow, painful death. Of course you can all suck my ass before dying.

Anonymous said...

Sounds like Freddy forgot to take his medication

Anonymous said...

10:24...you're a rat-fink!!

Anonymous said...

Oh PLEASE we all know that Phil is Rumpole.... It's a given.. Who else has so much time on his hands? As for Blake.. he's too smart, too wise and too handsome to spend all of his time blogging..
Have NO idea what his marital status is but he could have ANY woman he wanted.. why blog?

Anonymous said...

Stan is NOT rumpy.

Phil R. is.

We all know that.

Phil is never pleasant to people. He saves all his energy for the blog.

Stan is always nice to people.

Clearly, Stan is NOT rumpy.

Anonymous said...

i'm back

Fred Garvin said...

Look at you cowards. Afraid to post with your names and not creative enough to come up with something besides "anonymous". Scum-sucking pussies.

Anonymous said...

Hey Phil! Life is cyclical. We'll catch you.

Remember, every dog has it's day. Since you look like a dog, you know your day is near. Soon all the people you have insulted and lied about will get you disbarred. Jackie, you too. (On the dog observation as well.)

By the way, Jenny Craig won't help neither of you.

the appellate bazooka said...

Re: Mr Martin's chances to retain his license: I don't rate them as high, unfortunately. I say "unfortunately," because I can easily conceive that he was without knowledge and/or was conned by the suspended lawyer. I recently argued before the Supreme Court in a Bar case that was sadly similar to Mr Martin's, where the lawyer had been conned by a client into taking funds which (unbeknownst to the lawyer) were part of an advance fee scheme. The first justice to question me was J. Pariente, and I thought she would come over the bench at me (metaphorically speaking): the bench took the view, to a person, that a lawyer has an obligation to the clients or 3d persons (as in Mr Martin's case) which the Supremes are determined to recognize, especially with regard to funds determined to have been "held in trust" regardless of whether that means that the lawyer has to go down. (And, in the case I was arguing, the referee had recommended a 3-year suspension; it was the Bar that appealed, seeking disbarment). The opinion has not yet been issued, but I fear the worst. Mr Martin, as I am sure he knows, is in the most serious possible jeopardy. We can only learn from this (no letting suspended lawyers run any part of your practice; don't have a kind of practice in your office that you yourself are not competent to run, or are not fully in charge of [Mr Martin, of course, is not a real estate lawyer, thus making him an easy mark for a swindler]), and pray for Mr Martin to get really, really lucky. However, if I were Mr Martin's attorney, I would also seek to set aside his emergency suspension, pending subsequent proceedings.

Anonymous said...

Not only is Gabe a crook in the real estate... Let me add to the exciting comments above!!

I am a young, single mother of two and hired Mr. Martin to represent my husband in a very sensitive case.
He quoted me a reasonable offer for his case of 20k, and I accepted due to that another 2 attorneys also offered me some what of the same price.
They asked for there retainer of almost 50% and I complied, then they asked for monthly payments I complied. Then out of the blue he decided to not show up to court and then was un able to give any updates what so ever or show any work at all. I was never able to reach them. I was forced to hear that my money and I quote "was pennies and nickels to them, and that they were going to drop the case." Just like that they dropped it and after I had paid almost 13k of the original 20k they returned 2 grand, and had completed nothing for our case.
What a crook and frankly an as*h0le.

Just thought I would let you know!!

Thank you! I had to get that off my chest!