Investigative Reporter Mike Mason

Is Fire Chief Double Dipping on Taxpayers' Dime?

2011-08-04T22:07:00.000-07:00

Fire Chief Paul DeArmond

A local fire chief is accused of double dipping on your dime. He's being paid more than a hundred thousand dollars a year by the fire district but he also makes big bucks working for the Lee County School Board. Four in your Corner investigator Mike Mason went straight to the chief today for answers.

Mike Mason asked DeArmond, “So you don't think that you're double dipping?” Chief DeArmond replied, “You know, every fireman here has a side job."

In addition to being paid $122,000 a year as the Tice fire chief, Paul DeArmond makes 21 dollars an hour training firefighters at the Fort Myers fire academy, which is run by the Lee County school board. But some wonder how DeArmond can work two demanding jobs when he's required to work a 40 hour week as fire chief. DeArmond tells Fox 4 he works, "Many more hours than 40 hours."
That may seem impossible to some because the first week in November of 2010 DeArmond worked 50 hours training firefighters, in week two he worked 61 and a half hours and 29 and a half hours the third week and the fourth week he worked 12 and a half hours at the academy. That means he worked 153 hours that month at his second job training firefighters. And there are many other months where DeArmond trained for long hours. So how could the chief also work 40 hours a week at the fire district? DeAarmond explains, "When you look at that yes it does look like I wasn't here but I have all my documentation where it shows every day when I wasn't here or I was at the academy, there was some way I was taking time off."
DeArmond showed us a personal spreadsheet on his computer where he says he keeps track of the hours he works at the fire station. Mike Mason asked him, “How can you work 50 hours a week or 61 and a half hours a week for the school district and still work 40 hours a week here?” DeArmond replied, “Because I have vacation sir.” The chief says he's given 240 hours a year for vacation time and as of today he has accrued 590 hours.

He says he uses that time to work at the academy. DeArmond is required to write down the hours he works at the fire academy by signing a timesheet.That sheet is supposed to be approved by the academy's director but we found the director never even signed any of them. DeArmond says that has nothing to do with him, "I couldn't tell you sir all I do is turn them in I sign them and that's all I know sir."

So it appears the academy director is not even reviewing timesheets and Fox 4 will follow up on that.
And just to be clear, DeArmond is *not* required to keep track of the hours he works at the fire station but says he always logs them on his computer anyway.
To view the Fox 4 report click here: http://www.fox4now.com/news/toprotator/126810273.html

Muslim woman claims discrimination by Lee County Director

2011-08-03T21:10:00.000-07:00

Lee County Fleet Director Marilyn Rawlings

A former Lee County worker says she was harassed and intimidated because of her religion by her own director. She has since quit her job and now says she wants to expose what is going on before someone else gets hurt. Marilyn Rawlings is the director of Lee County's Fleet Management Department. She has been recognized nationwide for doing an excellent job but one of her former employees feels that's the reason county officials let Rawlings off the hook.

Nuray and Rick Carter in Turkey

When Nuray Carter received a controversial video about terrorism and high gas prices from her director she felt it discriminated against Muslims and was the last straw. Carter is from turkey. She and her husband still visit her native country and it's no secret she's Muslim but when she worked for Lee County's Fleet Management she says her boss, Fleet Director Marilyn Rawlings, told others too. Carter says Rawlings, “told other employees, some of the employees that if they knew I was a Muslim that it would be a problem."

Rawlings received the 2010 Fleet Masters Award and is well known in the industry. Carter says there's another side to Rawlings, "They told me retaliation never happens in the county, I am a perfect example."

In 2007, soon after Carter began working at Fleet, she felt intimidated by Rawlings' remarks. Carter contends, "She actually made comments about other employees like their religion, they weren't Christian.”
Carter believes Marilyn Rawlings is a devout Christian who has issues with Carter because she is not. Four in your Corner spoke with Rawlings who denies she has a problem with Carter's religion but she refused to comment any further on the issue.

Carter says she felt intimidated when Rawlings handed her an invitation to attend church for an Easter mass in Fort Myers. Her husband, Rick Carter, also believes Rawlings “Has a problem with her religion."

Rick Carter has been married to Nuray for ten years. He remembers when Rawlings invited them to a barbeque in Alva that turned out to be something completely different. He says, "I felt like they ambushed her." After dinner, the Carters say everyone was sent into a room for a prayer session. Rick Carter says the group was then told, “You guys were invited here and you brought your friends here so they may come to know Jesus type of thing.” The Carters say they were never told the party had anything to do with religion. Rick Carter says, “I was shocked, I was like ‘what are they doing?’ ‘Why are they doing this?’ and Nuray was just sitting there next to Marilyn and I felt sorry for her I was just like this is crazy."

Carter says the dinner party was an event designed to convert people to Christianity but Rawlings never mentioned that part. When Four in your Corner spoke with Rawlings about this she admitted the dinner party was a "church function" and Carter should have known this. She also says Carter could have left the party if she felt offended because quote "She wasn't being held captive."

Instead, Carter went to Lee County's Human Resources to discuss the issues she had with Rawlings. She says she had already gone to her supervisors but they didn't care, "When I keep complaining they told me that this is the way it is you can either like deal with it or you have to find a different job."

In February, 2009 Marilyn Rawlings sent an email to Carter at work with a video attached. It was a controversial video about terrorism and high gas prices. Rick Carter says, “I was just disgusted with it I was angry and disgusted." Nuray Carter feels Rawlings made a strong statement by sending that video and “she just clearly says that she really believes that Muslim people are terrorist people."
At that point Carter was devastated. She filed a complaint with Lee County's Office of Equal Opportunity.

Four months later, the investigator found "Director Rawlings did indeed send the email in question to Ms. Carter in violation of Lee County policies." As a result, the county suspended Rawlings without pay for two days. Carter feels that punishment is just a slap on the wrist. She now questions whether the county's Office of Equal Opportunity is really impartial since it *is* a county agency and officials are essentially investigating themselves. Carter says, "It's great they have that but I think when they keep it under the county it's protection for the county not the employees."

Marilyn Rawlings

Marilyn Rawlings refused to comment on the EOC investigation. She did say Carter is a 'disgruntled employee' and there's more to the story but she would not go into details

To view the Fox 4 report click here: http://www.fox4now.com/news/126738928.html

Fox 4 investigation may change county policies

2011-08-02T18:49:00.000-07:00

A Four in your Corner investigation prompts Lee County officials to consider changing several county policies. Fox 4 investigator Mike Mason attended today's county commission meeting and held the powerful accountable. Today commissioners sounding off after Fox 4 exposed numerous problems with county policies. Commissioner Brian Bigelow says, "I think it's an embarrassment for the county."

Last week, many county workers were shocked to see our reports showing top county officials receiving promotions and raises without having had any performance evaluations for years. According to the county's manual:"It is the policy of the county that the job performance of each employee should be evaluated periodically by the employee's supervisor. But Lee County manager Karen Hawes tells Fox 4 “supervisors "should" perform evaluations but it is not *required* under policy.”

Frank Mann

Commission Chairman Frank Mann says "What we ought to have is at least a consistent policy so that it applies to everybody and not some department or some levels and others don't."

Commissioner Tammy Hall also stated, "If we want evaluations on every single employee every single year then let's set that policy in place and take out the words 'may' and 'should' because I think those words are left for interpretation.” Hall went on to say that this is an issue she’s willing to address.

And Fox 4 also found there are no set rules for advertising county jobs. Last week Hawes sent us an email stating, "The county's current policies do not require a minimum or maximum time for advertising a job ." But county workers feel that's not fair and commissioner Brian Bigelow agrees, "It's very troubling for me, we have to give everybody a fair chance at working for their government."

Karen Hawes

And we also exposed there are no job requirements for the county manager, The county charter clearly states, “The minimum qualifications including educational and administrative requirements for the county manager shall be established by county ordinance."

But Deputy County Attorney Andrea Fraser tells us: "There is no such ordinance." That means for 16 years county officials never wrote the job requirements for their top leader. Bigelow says he plans to address that issue, "I meet routinely with the county attorney, I believe it best that he draft it because we are talking specifically about the county manager's job requirements."

Commissioner Mann says he encourages the media to expose loopholes like this and other deficiencies in county government, "From the courthouse to the Whitehouse we need reviews all the time. This country survives because we have a free press so keep up the good work."

Commissioners say the next step is to place items on the agenda to address the policies in question and then vote to adopt new policies. We will stay on top of this one and keep you updated.

To view the Fox 4 report click here: http://www.fox4now.com/news/126600483.html

Former Lee County worker calls for investigtation of top officials

2011-08-01T21:30:00.000-07:00

Picture this: your bosses decide whether you keep your job based on performance reviews they make up as they go along and worse yet they get to skip out of their own reviews! 4 in your Corner investigator Mike Mason is live to show you why some say that's exactly what's happening at Lee County. J.C. Rodriguez doesn't understand why he was fired because of his performance evaluations, especially since some county officials don't do evaluations themselves and the county manager doesn't think they are even required.

Rodriguez worked at Lee County's Department of Transportation for 8 years. He's always had good performance evaluations and feels he was wrongfully terminated, “They won’t even talk to me about this I tried to explain this to them and they would not even listen to me, I had documentation proving it."
Rodriguez says officials documented everything and eventually used it against him. Ffor instance, he was given a warning when he left work to go to his grandmother's funeral. One document proves that Rodriguez called D.O.T. officials to say he was going to his grandmother's funeral for about 3 days. When he got back he filled out a leave request form which his supervisor even approved. D.O.T officials later changed their minds and decided Rodriguez didn't have permission to visit his grandmother and they noted it in his performance evaluation. in 2009 when Rodriguez was finally terminated he was handed this list of reasons which include his grandmother's funeral and previous performance evaluations. These are all things that he disagrees with, "They're just using that as ammunition to get all these people fired."
Rodriguez feels Lee County officials are making up their own rules as they go a long, "Sounds to me like they have a double standard."

Last week we exposed county officials getting promotions without having performance evaluations. County policy states: "It is the policy of the county that the job performance of each employee should be evaluated periodically by the employee's supervisor.

However, Lee County manager Karen Hawes told fox 4 that supervisors "should" perform evaluations and it is not *required* under policy." But former Lee County Tax Collector, Bill Fussell disagrees, "This is a mandatory guideline, it is not something that you can choose to do if you want or choose not to do.”
Rodriguez feels county officials should be investigated, "Let's start with the county manager and work our way down instead of working our way up."
If you have a problem with how the county is changing the rules, you can go to the county commissioners meeting tomorrow at 9am.If you can't make it I will be there and you can email me your questions directly at mmason@foxnow.com or call us at 239-206-FOX4.

Still No Job Requirements for Lee County Manager

2011-07-29T20:34:00.000-07:00

If you've ever been late on your tax bill or had a code violation then you know you pay a price when you break Lee County's rules. But Fox 4 is finding the county's not playing but its own rules and it's costing you thousands of dollars!

When Wayne Daltry co-wrote Lee County's charter 16 years ago, he remembers this much clearly: it required the county to write separate job requirements for the county manager. Daltry says, “We wanted something to govern the billion dollar plus industry that the county government is so we thought they should have the qualifications stated that you would expect of a C.E.O. of a billion dollar organization."

Headhunter Colin Baenziger

For two weeks we asked county officials to produce that ordinance and the county attorney finally admitted "there is no such ordinance." After the former county manager, Don Stillwell, resigned under a cloud of scandal, the county could've started fresh by finally writing out the job requirements. Instead, they paid 19 thousand of your tax dollars to a headhunter to find a candidate. Only then, did someone finally come up with job requirements; the headhunter himself Colin Baenziger. Baenziger advertised, "The ideal candidate will have a minimum of seven years of progressively responsible experience in public sector management."

Karen Hawes had just been promoted to interim county manager but records show her long career at the county wasn't always so progressive. in 1992 she was hired as deputy county administrator and was second in command to the county manager. However, she only held that job for a year and a half before being moved in to a lesser position as director of Human Services. Daltry says, "A year and a half isn't enough experience."

But apparently it was enough experience for commissioners, who gave Hawes the job in 2009 and agreed to pay her $192,000 a year. Nearly a year later, one commissioner finally pointed out to Hawes there are no job requirements on the books for the county manger or other top county jobs.

Karen Hawes

In a board meeting in August, 2010 commissioner Brian Bigelow told Hawes, "Be sure we understand and are very clear about what the charter says about how to replace you and the county attorney." The current commission chair, Tammy Hall, then promised it *would be* addressed. Hall said, "We'll ask the county attorney to brief us on the charter if there's anything of importance to that position and the county manager's already discussed with us that she will lay out exactly the procedure they will recommend and at that point we can add or delete or make comments on it when she presents it to us."

But now, a year later, that information still hasn't been presented to commissioners. There are still no job requirements for the county manager. If you think this is something the county should address you can contact the county commissioners by going to our website, it's 'Fox4now.com' and click on the Big Red 4 or click here: http://www.fox4now.com/bigred4/126290053.html
To view the Fox 4 report click here: http://www.fox4now.com/news/126435513.html

Is County Manager really Qualified for the Job?

2011-07-28T20:34:00.000-07:00

Lee County Manager Karen Hawes

Is Lee County's manager really qualified to handle the job? It's hard to say because Fox 4 found Lee County's top dog has no job requirements. Four in your corner investigator Mike Mason exposes a huge loophole in county government. The Lee County charter dictates the rules and regulations of county government. It's also *supposed* to spell out the requirements of the county manager..
Wayne Daltry helped to write Lee County's charter 16 years ago and says, "We just wanted to make sure there was a bottom line set of qualifications for county manager."

The charter clearly states that the minimum qualifications including educational and administrative requirements for the county manager shall be established by county ordinance. But Four in your Corner couldn't find that ordinance. After searching through records and questioning county officials for two weeks we finally received an email from the county attorney's office stating "There is no such ordinance."

That was a big surprise to Daltry who says, "We thought they should have the qualifications stated that you would expect of a C.E.O. of a billion dollar organization.” But since there are no requirements he says, “That's a problem."

With no ordinance the county manager doesn't need to have any special qualifications. Daltry states, “Anyone can make a claim you are or you aren't qualified because there is no state of qualifications if there is no ordinance. It's a big oversight."

Attorney Beverly Grady was on Lee County's charter review committee three years ago. She says no one at the county brought this issue to her attention, "It would have been appropriate to come up at the charter review just to provide that to the county commission as something on a list that they may want to look at.”
When asked if the county attorney should be one to raise the issue Grady answered, "The county attorney could certainly." But no one did and Daltry now wonders how county officials could have missed something so important. He says, "The Board of County Commissioners should adopt an ordinance stating what the requirements should be.”

Lee County commissioners will have to decide if they want to adopt an ordinance and create those job requirements for the county manager. We'll follow up with them and let you know.

To view the Fox 4 report click here: http://www.fox4now.com/news/126367723.html

Lee County Officials Giving Promotions but not Employee Evaluations

2011-07-27T20:48:00.000-07:00

LEE COUNTY - Getting promotions without reviews! Fox 4 exposing what some say are major problems with Lee County's hiring and promotions policy and this issue goes all the way to the top. Four in your Corner investigator Mike Mason has been working on this one for more than a month.

When it comes to Lee County's rules and regulations, Bill Fussell knows what he's talking about. He worked for the county for nearly two decades and last served as the county's tax collector. When we showed him what county officials have been doing since he left he was not very happy, especially when it comes to employee evaluations. Fussell says, “That was one of the problems when I was Tax Collector is they were promoting and before I got there they would just randomly pick people, you know there was never a performance evaluations or anything. They did it by, mainly by, how much they liked someone."

Not much has changed since then. Four in your Corner has been investigating Lee County's hiring policies for the past month. We found officials promoting workers without conducting the required performance evaluations and not advertising the jobs. Fussell says, "First of all you want the best person for the job. Second of all you want fairness among all the people to have a chance. Thirdly, it should be advertised anyway."

Lee County Manager Karen Hawes

According to the county's policy manual, "It is the policy of the county that the job performance of each employee should be evaluated periodically by the employee's supervisor.” Today, Lee County manager Karen Hawes sent Fox 4 an email stating, “The policy reads supervisors "should" perform evaluations and it is not “required” under policy."

Fussell disagrees, "This is a mandatory guideline, It's not something that you can choose to do if you want or choose not to do.” When we told Fussell that Hawes believes evaluations are not required Fussell replied, ”Well, I don't agree with that."

Our investigation found many other employees who have not had recent evaluations, For instance,
Ann Arnall with Human Services was last evaluated in 2008.
Barbara Manzo was also last reviewed in 2008
Rosanna Music was evaluated only once in 20 months.
Stephanie Figueroa's last evaluation was in 2008 and her boss, Human Resources Director Christine Brady, hasn't had an evaluation since 2007.

We found some of these people got big promotions, nonetheless. In October, 2009 after Karen Hawes was hired as the County Manager she appointed three people to Director positions without advertising the job positions. Those three people are Ann Arnall, Barbara Manzo and Christine Brady.
Fusselll feels the county should have advertised for these important director positions and supervisors should have at least evaluated these employees before they received their promotions. If you disagree with county manager Karen Hawes and think officials should indeed be conducting employee evaluations every year, you can contact your county commissioner. Go to our website; it's ‘Fox4now.com’ and click on the Big Red 4.
To view the Fox 4 report click here: http://www.fox4now.com/news/126297748.html

Mike Mason Exposes Questionable Hiring Practices in Lee County

2011-07-25T20:47:00.000-07:00

Lee County Manager Karen Hawes

A Four in your Corner investigation uncovers more questionable hiring practices at Lee County. The county manager has already ordered an audit into the Department of Transportation's hiring procedures after what we exposed. Now investigator Mike Mason finds Lee County *doesn't even have a policy* when it comes to advertising for job positions. Since we began our investigation, Lee County D.O.T. employees have complained about the county's hiring policies. For instance, late last year, brothers Shane and Jason Hinman were promoted as crew supervisors at the D.O.T. and both of their positions were only advertised for 3 days.

Many workers feel the positions should have been advertised longer. It’s one reason some D.O.T. workers feel supervisors are hiring their favorites and not giving other employees an equal opportunity. We confronted Shane Hinman about this last month and he said, “You'll have to take that up with Downtown man, I don't know, I couldn't tell you."

So we did take our questions Downtown. Lee County manager Karen Hawes told us Hinman's position should have been advertised longer saying, “It's not the norm.”

Lee H.R. Director Christine Brady

We then went to Lee County's Human Resource Director, Christine Brady, to find out what 'the norm' is. She told us the county's un-written policy is to advertise a position for about 3 days. We wanted to see the county's written policy but couldn't find it in the employee manual, or anywhere else.

Then Hawes sent us an email on July 15th stating the county's “Current policies do not require a minimum or maximum time for advertising a job position." So essentially the county can do whatever it wants to. Things are different in Collier County. Collier's policy requires jobs to be advertised on the county website, posted in all county facilities and available to the public on the county’s job hotline. The position must also be posted for a minimum of seven calendar days. The City of Cape Coral also requires jobs to be posted no less than ten calendar days or two weeks.

Darryl Plym has a big problem with Lee County's hiring policies. He was fired from D.O.T. last year when the Director at the time sent him a letter stating "Your position as Senior Equipment Operator at D.O.T Operations is being eliminated due to a reduction in workforce”.
But a few months later Plym’s old position was re-instated and someone else was hired. Even though the county said the job was being eliminated, for some reason it suddenly reappeared. The job was only advertised for four days before another person was hired. Plym says he had no chance of getting his old job back, "That's the way the county works it, if they want to get rid of somebody they will come up with any reason possible to get rid of you."
The audit into D.O.T is set to look into issues including the county's hiring policies. No word on when that audit will be complete but we will let you know.
To view the Fox 4 report click here: http://www.fox4now.com/news/toprotator/126149338.html

Get out of your Car Lease without Paying a Dime!

2011-07-21T21:06:00.000-07:00

In these hard economic times many people are having their cars re-possessed because they can't afford the payments. So imagine if you could get out of your lease without paying a dime. Four in your Corner investigator Mike Mason did it and you can too. He's here to show you how. It's one of the car industry's best kept secrets: turning in your lease early without paying any penalties. Many car dealers don't even know about it. Jim Pizzuli at Galeana Kia says, “I thought it wasn't true at first, I thought it couldn't happen."

But times have changed. When school teacher Laura Czajkowski wanted to get out of her lease 3 months early she took action, "Be aggressive and say. Can you do something for me? I want to get out of it now". Czajkowski traded in her Audi early and leased an Infinit and she didn't pay a dime. So how does this all work? It basically comes down to whether your car has any equity.You can call your car company's finance department and ask if you qualify and the answer may surprise you.

Adam berman manages Infiniti of Fort Myers and says, "Car values have gone up in the used car market so that has helped perpetuate the increase in what the car is worth."

Berman’s company will pay off your existing lease as long as your car has equity. He says, "We took a Mercedes in it had a couple of thousand dollars worth of equity it was 6 months before the lease was up."

But some restrictions apply: First, a car has to pass an inspection. I recently turned in my Infiniti G-35 and I still had 6 months left on the lease. The car had some dents, scratches and bumper damage so before turning it in I brought it to a private body shop to get it fixed. Pizzulo says that will save you money, "The dealership is going to charge you more money than if you go to somebody who does dent repair or something like that."

Infinit then sent a company to do appraise my car. The inspector checked the tires and the odometer to make sure I was under mileage, the car's overall condition and signs of prior damage. It all checked out okay.

Drew Infantino did the inspection and said, "Everything else is considered normal wear and tear so I'll be able to print you out a copy and you'll be good to go from there. No charges".

I immediately turned my car into the dealer with no questions asked. I then bought a Kia Sportage. I loved the Infiniti but the Kia’s better on gas and the best part is I own it. I don't have to worry about going over on my mileage or paying for any scratches and damage and my payment went down about a hundred bucks a month. Czajkowski says, "I lowered my monthly payments by almost $150 so that was pretty good."

If your car doesn't have any equity there are other ways to get out of your lease. If you turn your car in to a different company and lease a model that the manufacturer considers one of its direct competitors, you may be eligible for a cash incentive.

For instance, Pizzuli says if "you have a registered (Toyota) Highlander which is a competitive vehicle with the Kia Sorrento you would actually be picking up a thousand dollars."
That money can be used to pay off the balance of your current lease. So whether you can't afford your high lease payments, need to downsize or just want another car; this may be the best time to get a new lease on life.

Berman says, “I'm telling you leases are much more friendly they're much more consumer friendly than they've ever been."

Not only do I pay less each month for my new car but I received a check from Infiniti; they issued a refund for $519.00 because they sold my old car immediately which created a credit on my account. One thing to watch out for: some dealers will say you can get out of your lease without paying a dime but all they do is pay off your lease and roll the remaining payments into the price of your new car.

To view the Fox 4 report click here: http://www.fox4now.com/news/toprotator/125989633.html

D.O.T delivers dirt to restricted Wetlands

2011-07-20T20:34:00.000-07:00

Berner Home in Buckingham

LEE COUNTY - New information tonight about an investigation into Lee County's troubled transportation department. The state says county workers committed a major violation on protected wetlands. Our investigation already showed you how D.O.T. supervisors ordered workers to deliver hundreds of truckloads of *free* dirt to the Berner family in Buckingham.

Many D.O.T. workers became suspicious because hardly anyone gets that much dirt delivered to their home. That's when we exposed how the Berners are actually related to a D.O.T. supervisor and workers claimed D.O.T. was doing them special favors. Because of what we found state officials launched an investigation, The Department of Environmental Protection (DEP) took this aerial photo of the Berner home and found the Lee County D.O.T. delivered more than 12,000 square feet of fill material to a protected wetland.

Rae Anne Wessel has been an environmental expert for 27 years. She says wetlands affect the entire ecosystem; everything from endangered species to you and I, “ It’s a big deal and it affects everything going on up the food chain and it affects mammals not enough good quality water and the presence of water."

Rae Anne Wessel

The state determined the dirt delivered by D.O.T. is a *major* violation. Berner told them he added the fill he got from D.O.T. to the side of the pond so he could fish there. That area along the pond was historically open and feeding into a marsh system off the property into another wetland.

A photograph taken by D.E.P investigators shows the Eastern part of the pond in 2009 and compares it to how the pond looks after the Berners filled it in. Wessel says, "People feel like if they own property they should be able to do anything they want with it, the problem is this is a water supply we all share."

Documents show Berner filled approximately 12, 312 square feet of wetlands without authorization from the D.E.P. and the material all came from Lee County D.O.T. The Berners have been ordered to remove all of the dirt from the wetlands themselves and they can't count on D.O.T. digging them out of this one. Wessel says, "The fact of the matter is here's an individual for whatever reason didn't understand the importance of wetlands."

Florida's d-e-p is continuing to investigate. Code enforcement also launched an investigation into this and this issue will likely be reviewed as the clerk of court conducts his audit into D.O.T. Officials at D.O.T. say they are not liable for this and it's the homeowner's responsibility. D.O.T will continue delivering dirt to anyone who requests it whether they're in a restricted wetland or not. We will let you know how things turn out.
To view Fox 4 report click here: http://www.fox4now.com/news/125927308.html

DOT Whistleblower fears for job after coworker fired for talking to Fox 4

2011-07-19T20:46:00.000-07:00

Steve Sherman - Fired DOT Whistleblower

I've spoken with dozens of disgruntled DOT workers, but Steve Sherman was the first one to go on-camera. He thinks the county is trying to send a strong message to whistleblowers.

Minutes seemed like hours as DOT worker Steve Sherman waited to find out if he still had a job.
Finally, Sherman and 2 of his supervisors were met by Stephanie Figueroa with Lee County's Human Resources, and that's when he got the news. "They terminated me and wrongfully I may add." Steve Sherman says. Sherman was officially fired. Officials claim it's because they just realized Sherman violated several county policies. One of the policies included having his driver's license suspended back in 2004 for a DUI arrest, when his position required him to have a valid driver's license.

But documents show supervisors accepted this and re-assigned Sherman to a position that didn't require him to drive. Fox 4 asked Sherman if he thought HR even gave him a chance? "No this is a total railroad whitewash in my opinion, personally. They didn't even want to discuss item by item the material that I supplied them with last week." Sherman says. County officials claim Sherman was fired now because they decided to change his job title, and while looking through his records they found some baggage that was overlooked in his past.

Sherman says he was really fired because he spoke with FOX 4 about problems at DOT. Our reports prompted the county manager to order an audit of DOT. Sherman then filed for whistleblower protection.

"I think they're trying to instill a fear that if you speak out and you're not a team player in line with HR or the county managers, you're going to be out of a job.” Sherman says.

That has another DOT worker very nervous. I’m sure I'm next on the hit list." Bob Maxey says.
Bob Maxey also spoke out about problems at DOT and feels Sherman's termination will have a chilling effect on all county workers. "It's gonna scare the hell out of them it scares people and it's a sure way to shut people up." Bob Maxey says.

Maxey now plans to file for whistleblower protection himself. Maxey hopes county workers will stand together and speak up despite what happened to Sherman.

I asked Maxey why’s he decided to talk to FOX 4.
"Because someone needed to light the fire, buddy. Someone needed to let people know what was going on." Maxey says.
Sherman plans to sue the county if his job is not reinstated.
An attorney tells us that Sherman has a good case because he filed for whistleblower protection and the county terminated him for issues that seem very suspicious.
To view the Fox 4 report click here: http://www.fox4now.com/news/toprotator/125860983.html

Worker Fired for Blowing the Whistle after speaking with Mike Mason Fights Back

2011-07-15T22:01:00.000-07:00

Steve Sherman

A DOT Whistleblower fired after speaking with Four in your Corner is fighting to get his job back. Today he met with county officials to plead his case and says he will sue the county if he doesn't get re-hired.
County officials claim Steve Sherman was fired because they were changing his job title and happened to look through his records and found some baggage in his past but Sherman says it's only because he blew the whistle on D.O.T. problems and now he wants his old job back.

Today Sherman prepared for his hearing with Lee County's Human Resources Department. He was fired on Wednesday and given just two days to refute the county's claims against him. He's now fighting to get his job back and his ammunition is a stack of documents.

Four in you Corner’s investigator Mike Mason was not allowed to attend the hearing but Sherman feels he presented a good case. He says, “ They can fire me any time any day but over these charges, no."
On Wednesday, Sherman was handed a document notifying him he was being terminated.Officials claim he violated county policies such as: having his driver's license suspended back in 2004 for a DUI arrest. His position required him to have a valid driver's license at the time.
But documents Sherman presented today show how supervisors accepted the circumstances of his arrest and reassigned Sherman to a position that didn't require him to drive. Sherman states, "That indemnifies me as far as notifying H.R. and notifying the county attorney who agreed to maintain me on the payroll in a limited working capacity back then."

The county also claimed Sherman failed to notify management after being arrested for violating an injunction in 2008. Today his supervisors provided written statements saying he *did* notify them.

Sherman says, "I presented all of this to H.R. today and they said they'd get back to me some time next week.” Sherman was fired just one day after he met with the Clerk of Courts office and requested Whistle-blower protection for speaking with FOX 4 and voicing accusations that D.O.T. officials use harassment, intimidation and are wasting taxpayer money.
Attorney Jason Gunter represents other county employees who were fired after blowing the whistle and says Sherman meets that specific criteria. Sherman says if he doesn't get his job back he will sue the county. "I'll definitely sue them for defamation of character, slander, harassment."
Sherman should know by next week if he'll be fired or re-hired. We'll stay on top of this and let you know.
To view the Fox 4 Report click here: http://www.fox4now.com/news/125670958.html

D.O.T Whistleblower fired after speaking with Fox 4's Mike Mason

2011-07-13T21:30:00.000-07:00

Steve Sherman - Lee County D.O.T. worker

LEE COUNTY - Lee County officials drop a bombshell, firing a D.O.T. worker just one day after he applied for protection under Florida's Whistle-blower's Act. That whistle-blower spoke with Fox 4 and feared retaliation after exposing numerous problems with Lee County’s troubled Department of Transportation. One attorney says the county may be in hot water because of this. Four in your Corner investigator mike mason broke the story into problems at D.O.T and has the latest. D.O.T worker Steve Sherman has spoken out several times, accusing officials of wasting taxpayer money and harassing employees. He says supervisors intimidate employees along with being chastised and heavy handed. Sherman hoped things at D.O.T would improve with the help of Fox 4 and says that’s why he turned to us when county officials began retaliating against him. Sherman says, "I have nothing to hide. Bring ‘em on, let them do what they've got to do.” And Wednesday Steve Sherman was fired. He was handed a document notifying him he was being terminated for violating county policies such as:

Having his driver's license suspended back in 2004 for a DUI arrest and failing to notify management after being arrested for violating an injunction in 2008.

Attorney Jason Gunter says, “They wanted to get rid of this guy." Gunter says it's suspicious how the county fired Sherman for issues that happened several years ago and questions why they decided to terminate him just one day after he filed for protection under the state’s Whistle-blower's Act.

Florida's Whistle-blower's Act was established to "prevent agencies from taking retaliatory action against any person who discloses information alleging improper use of governmental office, gross waste of funds or any other abuse or gross neglect of duty on the part of an agency or public office."

Fired Director Rony Joel

Gunter represents several county employees who were fired after blowing the whistle and says Sherman meets that criteria. A Four in your Corner investigation has already sparked 3 investigations into D.O.T., led to the firing of its new director and triggered an audit by the Clerk of Courts. When Gunter was asked if he had faith that he Clerk of Courts would conduct an audit that's going to protect the employees he replied, "Not based on what I've seen thus far."

Gunter also feels the media is a powerful tool when it comes to exposing corruption. He says, "If individual employees want to come to Fox 4, yourself particularly, and disclose information they can do that on a confidential basis and you can agree not to share that information with anyone and nobody will ever know and you're not legally obligated to share that information with anyone."
Sherman has been given two days to contest his termination. The best ways employees can protect themselves from retaliation include the following: put complaints in writing, give them to a supervisor so there's a paper trail, contact an attorney, file charges with Florida’s Commission on Human Relations and apply for whistleblower protection. You can get the forms on our website, it's ‘Fox4 now.com’ and click on the Big Red 4.

To file for protection under the Florida’s Whistle-blower’s Act click here:
http://fchr.state.fl.us/complaints__1/florida_s_whistle_blower_s_act

D.O.T. denies Free Dirt to Lee County Resident

2011-07-12T20:14:00.000-07:00

Tonight Four in your Corner digging up more dirt on Lee County's troubled transportation department.

One resident says the county refused to give him free dirt because his property is located in Cape Coral.. But the truth is, his property is *not* in Cape Coral. Apparently, D.O.T workers don’t even know who lives in Lee County and who doesn't.

Tim Simon raises goats, chickens and a few guinea hens at his property on Saddlewood Lane in Lee County. He says every time it rains his animals head for higher ground, "as soon as it starts raining a lot there's going to be flooding in here and my goats are going to be standing in water, if there's free dirt I sure would like to get it."
When Simon heard the county was giving away free dirt he called the Department of Transportation's Operations Center and said, "I saw your thing about you're going to give away dirt in an article from Fox News and it floods out here and I hear D.O.T wants to give away some dirt and I tried to get some and they claim I'm not in Lee County and I'm in the City of Cape Coral.
So now we know that D.O.T doesn't deliver dirt to Cape Coral but Four in your Corner found Simon's property is located in Unicorporated Lee County and not Cape Coral. That’s something D.O.T workers should know since Simon's property can be pulled up on the county's website showing he pays taxes to Lee County. Four in your Corner called D.O.T to find out what's going on but the operator couldn't give us a straight answer. We were then transferred to a D.O.T supervisor.
After speaking with us, the supervisor realized Simon's home *is* in Lee County but he then told us D.O.T only delivers dirt to properties located directly on county roads and Simons lives off a state road. Simon says that doesn't make sense, especially after watching our reports on how D.O.T delivered hundreds of truckloads of free dirt to a supervisor's family member. Drivers say they drove more than 7 miles each way from Fort Myers to Buckingham and the most direct routes would have drivers using state roads.

Simons says he would love any dirt he could get, "I could take hundreds but I would take one". If you live in Lee County and would like dirt delivered to your property you can call D.O.T’s Operations Center.

The number is 239-533-9400 and tell them you'd like a Dirt Request Form.
To view the story on Fox 4 click here: http://www.fox4now.com/news/toprotator/125460278.html

County worker blows whistle on unfair hiring practices

2011-07-08T23:05:00.000-07:00

Tonight, more fallout from a Four in your Corner investigation into Lee County's troubled transportation department. For weeks, former Lee County Department of Transportation workers have told Fox 4 they were fired because they wouldn't do special favors for supervisors or they were fired because a supervisor wanted to hire one of their friends instead. Now one former employee is finally blowing the whistle. Daryll Plym worked for Lee County's D.O.T. for more than 9 years. Driving dump trucks and using heavy equipment. But Plym says supervisors also used heavy handed tactics such as firing employees they simply don’t like.

Plym says supervisors would often threaten, “And if you want to stay here you do it that way, if you throw a monkey wrench in any of our plans we will write you up we will find a way to get rid of you."
And D.O.T. did get rid of Plym. Today he's unemployed and mows lawns to make ends meet. His county job gave him a decent salary and good benefits but now they're all gone. Plym says, "It makes me very angry,”

One day last August Plym received a letter from D.O.T's former Deputy Director Paul Wingard stating: “Your position as Equipment Operator Senior within D.O.T. Operations is being eliminated due to a reduction in workforce." The county has been cutting jobs to make up for a budget deficit but many workers say D.O.T supervisors have been using this as a tactic to get rid of people they don't like so they can hire the ones they do. According to Plym this represents, "Too many favors going on behind closed doors."
This past January, less than 5 months after Plym's old position was eliminated by D.O.T that same position suddenly re-appeared again. The county placed an ad for Senior Equipment Operator and hired someone else just 4 days later. The position was posted on January 11th and closed on January 14th .
The position was not posted long enough according to county policy. Plym feels he wasn't fired because the county wanted to save money but because supervisors simply didn't like him, especially when he refused to do them special favors.
Plym recalls, "A supervisor wanted me to fix his lawn mower all up for him for free on my own time. If I needed to get the parts on county time I was to get the parts.” Plym says he refused to do that and that created animosity between him and his supervisors.
When Plym noticed his old job was posted again he says he re-applied but never heard back from county officials. Unfair hiring practices is one of the issues Lee County Manager Karen Hawes says she will address in her audit of D.O.T.

If you have any problems with the county and would like to speak with Four in your Corner’s Mike Mason you can call him on his personal cell phone. The number is 239-222-8274 and you will remain anonymous.

To view the Fox 4 report click here: http://www.fox4now.com/news/toprotator/125249164.html

Workers question if County audit is an investigation into Whistle blowers

2011-07-06T20:21:00.000-07:00

Lee county's manager finally releases details about the audit into the Department of Transportation but some workers feel they're the ones being investigated for blowing the whistle.

Karen Hawes

Four in your Corner investigator Mike Mason sparked the audit after uncovering numerous problems with the troubled department. But the audit has a big problem; all of the issues Fox 4 exposed are related to D-O-T's Operation's Center and the audit states it will only focus on D.O.T.'s Traffic Department. Some workers now accuse county manager Karen Hawes of using shady tactics to avoid the truth. D.O.T worker Steve Sherman tells Fox 4, "Anybody who's been watching the news that you've been airing, I mean a blind man would know the problem is at Operations."

Four in your Corner contacted County Manager Karen Hawes to find out why she didn't include the Operations Center in the audit and only then did she issue an email stating the scope will *now also* include an investigation into the D.O.T. Operations Center. Sherman says that makes him very suspicious of Karen Hawes, "She just doesn't want to get to the problem for some reason, there's something there that she's protecting."

Hawes says the objective of the D.O.T. audit is to address employee harassment, intimidation and retaliation and also look into D.O.T management and employee non-compliance with county policies. The actual scope of the audit will include Interviewing D.O.T employees, reviewing the performance of Human Resources for compliance with county policies, verifying time-keeping and payroll data and determining if there is any misuse of county resources.

Our investigation previously exposed workers who say they were fired for coming to work late even though records show they reported to work on time. Fox 4 also showed how supervisors are accused of delivering tons of free dirt to family members while other residents have been told they will be put on a long waiting list if they want some dirt. Tom Mere is a Lee County resident and a North Fort Myers Firefighters Commissioner but he didn't receive any special favors when he requested dirt. He's been waiting for more than a year to have dirt delivered to a mobile home park he owns in North Fort Myers.

Steve Sherman

Fox 4 has also exposed supervisors who are accused of harassing employees. Sherman claims he is *still* being harassed because he blew the whistle on D.O.T. and spoke with us about the problems within the department. Supervisors have notified him that county officials have been rifling through his personnel records. Sherman says it doesn't surprise him, "I have nothing to hide, bring 'em on. Let them do what they've got to do. They're going to find nothing and they're going to look foolish at the end of it all."

And the buck stops with Karen Hawes, she's the top dog at Lee County and is paid 192-thousand dollars a year as county manager. Sherman doesn't feel Hawes is working to make Lee County a better place for employees, "I don't believe she's doing justice by the workers or the taxpayers."
To view the Fox 4 report click here: http://www.fox4now.com/story/15037662/county-audit-or-investigation-into-whistleblowers

Lee County Manager promises answers but still no word on audit

2011-07-05T20:39:00.000-07:00

Promising you answers but giving you silence. Lee county's top dog still not saying a word about an investigation she ordered of the county's troubled transportation department. The county manager calling for an audit after Four in your Corner investigator Mike Mason exposed allegations of mismanagement.

Karen Hawes

It has been 16 days since county manager Karen Hawes ordered the County Clerk to do an independent audit into Lee County's Department of Transportation. Problem is that we are getting the run around now on how that audit is coming along. On June 27th county manager Karen Hawes sent Fox 4 an e-mail stating: "The scope of the audit will be defined, hopefully by Thursday. At that time I will forward a copy of the scope to you."

So on Thursday Four in your Corner tried contacting Hawes but we were told to speak with Patty DiPiero in the County's Utilities and Compliance Program. Dipper said, "Karen spoke with Charlie Green, the Clerk of Courts, about the audit and he should be aware of the scope. At this point, it may be best to speak with Mr. Green. But when we called Charlie Green he had nothing to say. So on Friday we contacted Karen Hawes again.

We then received an automated email stating 'she will be out of the office until July 6th." That's when Fox 4 again called DiPiero who said Karen Hawes is the only one who can give us information on the audit but Hawes is still on vacation until tomorrow."
Dipiero suggested we then contact assistant county manager Holly Schwartz so we left Schwartz a message. We then went straight to Schwartz's office for answers but were told she wasn't there. Since Schwartz was nowhere around we decided to meet with DiPiero at her office to try to find some answers. DiPiero's secretary told us DiPiero was refusing to meet with us because she had already spoken with us on the phone.

Brian Bigelow

Four in your Corner contacted Lee County commissioner Brian Bigelow today. He says he spoke with Clerk of Courts Charlie Green and Green admitted he has already determined the scope of the audit but is refusing to release details until Karen Hawes returns from her vacation. We'll stay on top of this and let you know what happens.
To view the Fox 4 report click here: http://www.fox4now.com/story/15030279/fox-4-gets-runaround?redirected=true

D.O.T. audit questoned by workers - and now Florida's DEP is investigating

2011-06-28T21:02:00.000-07:00

An audit into problems surrounding Lee County's Department of Transportation has just kicked off and workers are already questioning how fair it will be. The county manager ordered an independent audit after a Four in your Corner investigation exposed many issues including questionable hiring practices.

So far, a Four in your Corner investigation has uncovered the following: Workers accusing supervisors of harassment, intimidation, questionable hiring practices and doing favors for family members. Workers were hoping this audit would address those issues but now they have serious concerns. D.O.T worker Bob Maxey wonders if the county will expose the real problems. He says, "You can only hide so much dirt, you know that rug you can only sweep so much dirt under it."

Lee County Manager Karen Hawes

Many county transportation workers question whether Lee County Manager, Karen Hawes, will really clean things up at D-O-T. Hawes promised she'd do a fair and unbiased review of the department saying, "The Clerk of Courts will do an independent audit."

That's why Maxey was surprised to see one of his own directors conducting Tuesday's meeting about the audit. Maxey says the supervisor, "just came in wanted to know what people's concerns were, how he could talk to people and find out what was going on and what was the safest way without retaliation. The vast majority spoke up and said it has to be a one-on-one, No one wants to do it in a crowd because of retaliation. It's not unbiased."

More than 100 employees attended the meeting and many now say they have concerns. Hawes called for the audit after a Four in your Corner investigation exposed questionable hiring practices at D-O-T and supervisors, such as Clay Simmons, are also accused of intimidating and harassing workers but he won't talk. Now all county officials have been ordered to keep quiet as well.

On Monday the County Manager issued a letter stating she has instructed her staff not to be interviewed further on D.O.T issues.
Maxey feels there's something wrong with that, "They want to shut you down ‘cause the last thing they want is this stuff to get out in the media. These problems can't be solved in-house, It has to be an independent audit." Maxey has faith that the County Clerk will do a fair audit as long as the media is keeping an eye on it. He says, "I believe that's going to happen with the help of Fox 4, I have no doubt this is going to happen."

Berner Home

Meanwhile, there are even more problems for Lee County's Department of Transportation. State officials have opened up their own investigation into dirt that was delivered to the home of a D-O-T supervisor's family member.
This comes after Four in your Corner found D-O-T delivering tons of free dirt to the Berner family in Buckingham. The Berners happen to be related to two D-O-T supervisors; Shane and Jason Hinman. Workers say supervisors ordered them to deliver hundreds of truckloads of dirt and debris to the Berner's house but we found that property is located in a federally protected flood way. The Berners never pulled a permit and now Florida's Department of Environmental Protection (DEP) will conduct a site inspection to determine what needs to be done to correct the problem. County code enforcement has already said the Berners will either have to remove the dirt or hire an engineer to prove that the debris won't harm the environment. We'll stay on top of this and bring you the latest developments.

Lee County Manager shuts down media after Fox 4 investigation

2011-06-27T21:18:00.000-07:00

**************** UPDATE **************************

Lee County Manager Karen Hawes

Four In Your Corner gets shut down by Lee County Manager, Karen Hawes. All supervisors are now being told they can't talk to us about the county's department of transportation.

This comes after a Four In Your Corner investigation led to an audit of the department.
Since we began our investigation we've been flooded with calls from DOT workers. So far, FOX 4 has uncovered questionable hiring practices and DOT supervisors accused of harassing and intimidating employees. Workers accuse supervisors of hiring their friends instead of publicly posting the job position as is required by county policy.

D.O.T relative received tons of dirt

We even found supervisors delivering tons of free dirt to family members even though other county residents have to wait a year and a half if they want some. In one case, at least 130 truck loads of dirt was delivered to a supervisor's sister-in-law's private residence so she could build a slope around her pond, all on the taxpayers' dime. We found her home is in a federally restricted flood zone and since Fox 4 exposed this incident the county's code enforcement department is now investigating and will require the owner to pay to remove the dirt or hire an engineer to conform to the zoning requirements. Either way it will cost thousands of dollars.

There is much more to this story -- that's why we've been trying to speak with county officials but that apparently won't happen now. County Manager Karen Hawes says county staff will no longer comment on DOT issues until they complete their audit. Hawes says she may expand the scope of her audit to include other issues we exposed in our reports.
Here is a link to the Fox 4 report: http://www.fox4now.com/story/14986504/lee-co-manager-no-more-comments-from-dot?redirected=true

Residents fired up after state agency breaks rules and tears up Historic District

2011-06-27T20:51:00.000-07:00

Sign structure on McGregor Boulevard in Fort Myers

Florida's Department of Transportation is coming under fire, accused of tearing up a historical section of Fort Myers and skirting the rules by not pulling the required permits. Margie Willis has lived along McGregor Boulevard in Fort Myers for more than 60 years. When she saw workers building a huge traffic sign next to her house it threw up a red flag. She exclaims, "I think it's ugly, I don't like it!"

McGregor Boulevard

Willis knows that McGregor Boulevard is a historical district and the State's Department of Transportation did *not* get permission to build the sign. Willis says, "Nothing is to be done with it without the approval of the Historical Committee or the City of Fort Myers."

Councilman Mike Flanders

City Councilman Mike Flanders says D-O-T never pulled a permit to build the sign, "A permit is needed in the City. We own the road and we would never allow this type of sign at this location." So Four in your Corner went to Florida's D-O-T local headquarters in Fort Myers to find out why. Southwest Florida's D.O.T Director Johnny Limbaugh claims the city did know about the sign because his office gave city officials the plans. He says "Typically they go to a high level official, I don't know who in this case received the plans."

FL. D.O.T

D.O.T. workers spent about a week pouring the concrete slab for the sign and building up the concrete base. They even had the wiring structure in place so they could install the underground electrical system. Now that they have to tear it all down, we wondered who would be stuck with the bill. According to D.O.T. this is the private contractor's fault and they will have to pay to remove it. Limbaugh claims the contracting company, Traffic Control Devices, Inc.' is responsible for the oversight, "Actually this contractor designed and is building it so as part of the design process he should have done some more coordination to make sure the sign is in an acceptable location."
But Willis doesn't buy it and feels D.O.T. is also to blame, "The state should have gotten the permits from the City if they wanted to do something like that, I don't think it's the contractor, they just contracted him to build it."

Flanders says Fort Myers has owned historic McGregor Boulevard for 10 years but D-O-T still thinks it belongs to them. He thinks that maybe why they didn't pull any permits, " The State has some communication problems within their own department about who owns the road and who doesn't."

'Traffic Control Devices. Inc.' was hired to build about 50 signs throughout Lee County. Four in your Corner wanted to get their side of the story but today we could only get their voicemail.We will stay on top of this one and keep you updated.
To view the Fox 4 report click here: http://www.fox4now.com/story/14986361/fort-myers-residents-fired-up-after-state-agency-breaks-rules-and-tears-up-historic-district?redirected=true

County Supervisors accused of doing Dirty Deals

2011-06-24T21:52:00.000-07:00

Clay Simmons

Four in your Corner exposed D-O-T supervisors delivering free dirt to family members and the officials said they'd do the same thing for other Lee County taxpayers but we found that may not be the case. D-O-T Operations Director Clay Simmons claims he doesn't do favors when it comes to delivering free dirt saying, "Because if you happened to own a piece of property there I'd be happy to give you the material."

North Fort Myers Firefighter Commission

But Tom Mere requested dirt about a year ago and last month D-O-T workers finally dropped off four loads of dirt at Mere's mobile home park in North Fort Myers. Four loads is not enough and Mere says he still needs more. Mere is considered a prominent figure in Lee County since he's a Commissioner of the North Fort Myers Fire Department but despite that he still didn't get any special favors.

Berner home

The Berner family did, however, according to D-O-T workers who say Simmons had more than 130 loads of dirt and fill delivered to the Berner's Buckingham home last November. Mrs. Berner happens to be the sister-in-law of a D-O-T supervisor.

D-O-T workers, such as Bob Maxey, say that's downright dirty, "We've never done that, I've never seen it in 9 years. I can't say it has never happened but I've never seen it or witnessed it and no one else has."
One family who lives at a home in Buckingham only 5 miles from the Berners say they called D.O.T yesterday to request some dirt. They say they were told they would be put on a waiting list and it could take up to one and a half years before they got any dirt.

Four in your Corner spoke to D-O-T truck drivers today who tell us they also made another huge delivery to the Berners this past April. According to them, they dumped more than 100 loads of fill material free at the Berner home free of charge and that job was done by county workers on the taxpayer's dime.

Four in your Corner began digging even further, finding the Berners have been receiving free dirt for their 10 acre property since 2008. Tom Mere feels the county should spread the wealth and the dirt to other people who need it and says, "as long as the county if being fair to everybody. The people are paying the taxes so if they're paying the taxes and people would like to have some dirt and the county has some dirt that they'd like to get rid of then it's a win-win for both situations."

If you live in Lee County and would like some free dirt you can call the D-O-T and ask for a ‘Dirt Request Form'. The number to call is 239-533-9400. If you have any problems getting the dirt please let us know.

To view the Fox 4 report click on this link: http://www.fox4now.com/story/14974420/county-supervisors-accused-of-doing-dirty-deals?redirected=true

Fox 4's Mike Mason sparks another investigation into Lee County's troubled DOT

2011-06-23T21:42:00.000-07:00

Clay Simmons

Lee County officials opening a new investigation tonight and this comes after Four in your Corner's Mike Mason already found county employees doing work on family members' property.

The dirt keeps piling up around Lee County's Director of D-O-T operations, Clay Simmons who is already under fire for delivering dirt to the Berner family's home in Buckingham. Now it appears he also broke federal guidelines by doing it. D-O-T workers accuse Simmons of delivering the dirt as a personal favor for the Berners after we exposed that Mrs. Berner is the sister-in-law of a D-O-T supervisor.
After digging deeper, and reviewing the county's zoning rules Fox 4's investigation found that dirt was dumped in a federally restricted flood way. We went straight to Simmons for answers telling him, "it's in a flood way, you weren't supposed to have anything delivered there that's a pretty big deal." Simmons responded, "No, I don't agree that it is."

Simmons says he's not talking about the issue any further and Fox 4 will have to speak with someone in media relations department. We went to Joan LaGuardia, the manager at Lee County's Department of Community Development. She says she has serious concerns with what we showed her. Since the Berner's home is located in a restricted flood zone, the Berners would have needed to get a special certification approved by an engineer before getting the dirt delivered.

Berner Home

This is something workers say Simmons should have known since he's a professional engineer himself. The Berner family confirmed to Fox 4 that D.O.T. dropped off the dirt so they could build up the slope of their pond and it is clearly located in a restricted area.
LaGuardia says they Berners will either have to hire an engineer and obtain the proper certification or have all of that dirt removed.
Investigator Mike Mason asked LaGuardia, "So now Code Enforcement is going to have to do an investigation? LaGuardia responded, "Yes they will. Now that I'm aware of it I'll let them know tonight. I hadn't been aware that fill was put there."
We then confronted Simmons, telling him, "Joan LaGuardia just said she's opening an investigation and having code officers go out there". Simmons would only say, "You need to go through the process." Simmons told us we would have to take our questions to Patty DiPeiro who works with media relations.
DiPiero told us Simmons has been notified that he will have to cooperate with code enforcement's investigation. She promised to give us an update tomorrow
To view the Fox 4 report click on this link: http://www.fox4now.com/story/14967964/fox-4-sparks-yet-another-investigation-into-countys-troubled-department-of-transportation?redirected=true

Lee County supervisors accused of doing expensive favors for friends

2011-06-22T21:02:00.000-07:00

Using your tax dollars to do favors for relatives! Four in your corner has now confirmed claims that supervisors at Lee County's troubled transportation department are making some controversial decisions on your dime. Four in your Corner investigator Mike Mason has already prompted the county to order an audit of D-O-T. and now he's tracking down exactly who is getting dirt delivered to their homes thanks to Lee County taxpayers.

D.O.T worker Bob Maxey is fired up about his supervisor, Clay Simmons. He exclaims, "Mr. Simmons, I promise you and I promise the people of this county that man is lying." After two weeks Fox 4 finally caught up with Simmons at his office on Wednesday. Simmons stated that he's "not going to talk about personnel issues."

Karen Hawes

County Manager Karen Hawes ordered an audit into hiring practices at D.O.T. because of a Four in your Corner investigation this week. That doesn't prevent Simmons from speaking about other issues such as why he allegedly ordered his workers to deliver more than 130 truckloads of dirt to the Berner family last November. Workers say for three days they drove the dirt from Billy's Creek in Fort Myers to the Berner's private residence in Buckingham, seven and a half miles away.

Berner Residence

The Berners used the dirt to build a slope around the pond on their 10 acre property. That project would have racked up nearly 2,000 miles on county trucks, required hundreds of man hours and it was paid for by Lee County taxpayers.

Maxey is now outraged with Simmons saying, "You cost us money, you cost the tax payers money when you do that."

Clay Simmons

Simmons claims he actually saved taxpayer money because the dirt delivered to the Berners was taken from ditches and canals nearby. When we asked him for documentation to prove where the dirt came from he said his office didn't keep track of it.
Maxey says Simmons is not telling the truth and the dirt was hauled out of Billy's Creek in Fort Myers and driven all the way to Buckingham, which is much further and more costly. Maxey claims, "The drivers, they won't come forward but they told me they were hauling it out of Billy's Creek Commerce Center."
Fox 4 also found the Berner family is actually related to D-O-T supervisor Shane Hinman. That huge amount of dirt was delivered to Shane Hinman's sister -in -law. Fox Four Investigator Mike Mason asked Clay Simmons if he did a favor for a supervisor's family member. Simmons responded, "No it is not because if you happened to own a piece of property there I'd be happy to give you the material."
Still, some workers say Simmons went out of his way to help the Berner family. On the day the Berners wanted to have dirt delivered to their home the county's heavy equipment that is used to screen the dirt was conveniently placed across the street from their house. Maxey says Simmons is using county equipment to turn favors, "He is cheating the employees, he's cheating the citizens of this county if that's good for the Berner family or whoever got this material then by God let's give it to everybody!."
Clay Simmons claims Lee County residents can always ask for free ditch material and dirt. All they have to do is call the D-O-T's operation's center at 239-533-9400 and fill out a dirt request form.
We've put that information on our website ‘fox4now.com'.. And while you're there you can click on the ‘Viewers' Voice' tab to let us know if you have problems getting dirt from the county.
To view the Fox 4 report click on this link: http://www.fox4now.com/story/14960563/county-supervisors-accused-of-doing-expensive-favors-for-friends?redirected=true

Lee Commissioners sound off after Fox 4 investigation sparks audit

2011-06-21T16:29:00.000-07:00

A Fox 4 investigation sparks an audit into Lee County's Department of Transportation and today county officials are reacting. For the past two weeks we've told you about the controversy surrounding the D-O-T with workers complaining about being harassed and intimidated by supervisors. They claim supervisors are doing favors for friends and wasting lots of taxpayer money.

Karen Hawes - Lee County Manager

Because of Fox 4's investigation, the County Manager, Karen Hawes, announced yesterday that she's requesting an independent audit into the allegations. At the County's commission meeting today she offered more details about that audit, "This will be a review of hiring practices in D.O.T which could expand into other areas, so the Clerk of Courts will do an independent objective audit."
You could say Lee County's Department of Transportation is currently under construction now that an official audit is set to investigate the way that department is doing business. D-O-T worker Bob Maxey reacted to the news, "It's time, it's time to look into the dealings at D.O.T, what's going on there with the management..I think it's time."

Frank Mann

At least two commissioners agree and they too support the audit. Lee County Commissioner Brian Bigelow says, "That's great, she's trying to seek facts and she's trying to advocate for transparency of government." Commissioner Frank Mann says he also supports the move, "I just think it's a good idea for her to bring somebody in from outside to take a look so it doesn't degenerate into a bunch of finger pointing and ‘he said' and ‘she said' and that sort of thing."
But some D-O-T workers remain skeptical. They claim supervisors are still harassing and intimidating employees and doing favors for friends on the taxpayers' dime.

Steve Sherman

Fox 4 Investigator Mike Mason asked D.O.T. worker Steve Sherman if he felt the audit would really create any positive changes. Sherman replied, "Possibly, with the help of the media. That's how it's been so far, without it we wouldn't have had a chance. I don't know we'll see."
Meanwhile, dozens of Lee County D-O-T workers attended the commission meeting to support, and say farewell to, their interim director, Paul Wingard. Wingard's last day is June 29th. He has worked for D-O-T for 18 years and said County officials led him to believe he would be hired as the full time Director. when he didn't get the job he decided to resign because he's says he was not happy with the current situation at work. At today's commission meeting, D.O.T. employee Steve Sherman approached the podium and accused Public Works Director, Doug Meurer, of lying to a large group of D-O-T workers.
Sherman says Meurer told them that Wingard would indeed be named the new Director of D-O-T and reported to commissioners, "In my presence and some 50 to 60 other supervisors and employers Mr. Meurer stated to us all that Mr. Paul Wingard was the panel's second choice."

Paul Wingard

The panel of people in charge of hiring a new Director did offer to job to someone but that person later turned it down. County officials now claim that Wingard was never the runner up and they are currently advertising for the vacant position.
To view the Fox 4 investigation click here: http://www.fox4now.com/story/14951733/lee-commissioners-sound-off-after-fox-4-investigation-sparks-audit?redirected=true

Fox 4 Investigation sparks audit into Lee County D.O.T

2011-06-20T20:44:00.000-07:00

Karen Hawes - Lee County Manager

A Four in your Corner investigation sparks an audit into the controversy surrounding the Department of Transportation. Lee County manager Karen Hawes has officially called for an independent audit of D-O-T's hiring practices. Hawes says, "We're going to be looking into the D.O.T. hiring practices and the independent audit division will also be interviewing employees and this way it can be kept confidential"

That's good news for some D.O.T employees who have already aired their concerns. Steven Sherman works in D.O.T's traffic sign division and supports the audit, "It's a good thing, from my experience over there it's long overdue."

Clay Simmons - D.OT. Supervisor

A Four in your Corner investigation recently exposed what employees are calling horrible working conditions at D-O-T such as harassment and intimidation by supervisors and Division Director Clay Simmons is now in the hot seat.

Simmons has been accused of wasting taxpayers' money. Workers say Simmons ordered them to deliver 130 truckloads of dirt from Buckingham to a private home on Orange River Boulevard in Fort Myers. The Berner family says they used the dirt to build a slope along the pond on their 10 acre property. We are told the entire job took 10 hours and 7 workers to complete. If that's true that means dump trucks made 130 trips, driving about 7 and a half miles each way racking up nearly two thousand miles on county time and funded by taxpayer dollars.

Steve Sherman - Lee County D.O.T.

Fox 4 investigator Mike Mason asked Sherman, "they guys who were driving the trucks delivering the dirt on that day, what did they have to say about it? Sherman replied, "They say there was some sort of shenanigans, that's an exceptional delivery."
Sherman is one of the workers who blew the whistle on his supervisors and after Four in your Corner began digging up the dirt, the County Manager took notice. Hawes admits she initiated the audit because, "I've had other employees mention some things to me, your reports and other information that's coming forward, this is the time to do it?"
Four in your Corner visited D.O.T's Operations Center for the third time to speak with Clay Simmons but were told he's off on Mondays. One question we wanted to ask him was about his hiring procedures. Many employees say he's giving out promotions to people who may not be best qualified for the job. One of those employees is Shane Hinman who is a crew supervisor. Today our cameras caught up with him. Fox 4 Investigator Mike Mason confronted Hinman saying, "Some other employees say you got a job after only being here for 2 years and they were here for 10 or 20 years and they haven't gotten that job". Hinman replied, "You'll have to take that up with Downtown, man, ‘cause I don't know and I couldn't tell you."
After digging deeper Fox 4 Investigates also discovered Hinman may have been a ‘shoo-in' for the crew supervisor job. County records show Clay Simmons only advertised Hinman's position for 2 days last year, from December 22nd until December 249th; Christmas Eve. Fox 4's Mike Mason asked the County Manager if 2 days was really enough time to allow other people to apply for the job. Hawes simply replied, "It's not the norm. It's not the norm."

County Manager Karen Hawes says the audit will begin by investigating D.O.T's hiring practices but may expand to cover other issues such as claims that supervisors are harassing employees and potentially wasting taxpayer dollars. Fox Four Investigates will stay on top of this story and bring you the latest.
To view Fox 4 report click on link: http://www.fox4now.com/story/14945187/fox-4-investigation-sparks-audit-into-lee-county-dot?redirected=true

Lee County workers say officials are also wasting taxpayer dollars

2011-06-18T11:41:00.000-07:00

Four days and there are still no answers from the Lee County Manager about major complaints within the Department of Transportation. But tonight, we're learning D-O-T officials could be abusing your tax dollars.

J.C. Rodriguez has worked for the Department of Transportation (D.O.T.) for eight years. He drove heavy equipment but claims Lee County's Operations Director, Clay Simmons drove him out of his job in 2009 . Rodriguez wasn't surprised to hear that Simmons hasn't wanted to speak to Four in your Corner about the issue, " he's running away from the truth, it's finally caught up with him he's done this to many people."
Lee County fired Rodriguez from his job citing, ‘poor attendance' and ‘excessive tardiness'. However, County records tell a different story. For example, on March 12th, 2009 Simmons cited Rodriguez for being tardy but when we reviewed the county timecards it indicated that Rodriguez did report to work right on time at 7am. He says his supervisors just made up the ‘tardy' excuse in order to get him fired, "I clocked in, I swiped in at 7 o'clock inside the building," says Rodriguez. He also states, "They lied, this is what they presented to Human Resources. HR goes by what they tell them and they did not investigate any of this stuff."

13800 Orange River Blvd. Fort Myers, FL

Many D.O.T. workers we spoke with today claim county officials should be investigating how supervisors there are wasting taxpayers' money. Late last year D.O.T workers say Simmons ordered them to deliver 130 truckloads of dirt from Buckingham to a private residence on Orange River Boulevard in Fort Myers. The single family home is situated on a 10 acre lot and belongs to Warren, Emily, Russell and Darlene Berner.
The Berner family who lives there tells Four in your Corner that they used the dirt to build a slope along their pond. D.O.T workers say the job took 10 hours and 7 workers to complete. That would mean dump trucks made 130 trips, driving about 7 and a half miles each way racking up nearly 200-thousand miles on county time, in county vehicles and funded by taxpayer dollars. Rodriguez says, "You're looking at $300 to $400 dollars easy a load, a truckload."

Four in your Corner went to D.O.T's operations center in an attempt to speak with Clay Simmons at his office yesterday. Instead, supervisor Chuck Speake told us, "I didn't get a hold of Clay but if you guys want to make an appointment and come back he should be here tomorrow and I'm sure, he's not going to 'not' to talk to you."

Once again, Four in your Corner visited the operations center the next day and found the front gates locked shut. One D.O.T. worker angrily confronted our cameras, "I don't care if this is public property Clay Simmons is sick today and that's it. He's not at work."

Clay Simmons, Lee D.O.T Division Director

Even though Simmons was out sick he managed to write a two page letter to County Commissioners in response to Fox Four's reports. In part, Simmons writes , 'We have always had an open door policy. Employees are welcomed to approach any of the supervisors, including myself."
But workers say that's not true. Rodriguez reported the poor work environment in his grievance letter to the county and says, "I've been complaining about that and not just myself, a lot of other people and Human Resources knows about it but they ain't doing anything about it."
In Clay Simmons' letter he also claims that D-O-T has conducted numerous surveys, encouraging workers to voice their concerns anonymously. He says he hasn't heard of any negative complaints. Of course, Four in your Corner will continue this investigation and call the county manager, Karen Hawes, to get to the bottom of this.

To view the video for this Fox 4 Investigation click on this link:
http://www.fox4now.com/story/14932811/disgruntled-lee-county-workers-claim-officials-are-also-wasting-taxpayer-dollars?redirected=true

Disgruntled County workers threaten mass exodus

2011-06-16T21:28:00.000-07:00

Lee County D-O-T workers threaten to call it quits if work conditions don't improve. They say they're being harassed and intimidated by their supervisors and they've had enough. Since Fox 4 Investigator Mike Mason began this investigation, he's spoken with dozens of workers but the problem is that most of those workers won't go on-camera because they're afraid of losing their jobs.

Bob Maxey is an equipment operator at Lee County D.O.T. and has been with the county for 9 years. He has a clean record but says supervisors are getting downright dirty, "Workers do have rights, we're being told to shut up."

On Wednesday, D.O.T worker Steve Sherman also spoke out, saying county supervisors are using sleazy tactics to run employees out of their jobs, "It's counterproductive to be chastised and be heavy handed in certain areas of departments with the employees."
Maxey says supervisors hold monthly meetings with employees but it's just a waste of time, "You won't hear anything out of most of the workers here because they're afraid for their jobs." Maxey says supervisors are required to conduct meetings but discourage input from employees, "they'll tell you how it's going to be and if you raise your hand in opposition against whatever their plan may be at the time you're kind of singled out you know it's like 'what is your problem? Do you have a question?' And the guy he'll generally shut up and melt back into the crowd because he doesn't want to be singled out like that in a group there."
Maxey and Sherman both agree upon which supervisor is using intimidation tactics at their particular D.O.T. office on Zip Drive in Fort Myers. Maxey says, "The Director right now is Clay Simmons. He makes you understand verbally that it's his way or no way."

Clay Simmons - Director D.O.T. Operations

Four in your Corner's Mike Mason went out to the D.O.T. Operations Center on Zip Drive to speak with Division Director Clay Simmons but was told Simmons was out for the day. While there Mason spoke with some of the employees in the office who said they'd like to talk to us about problems at the workplace but they're afraid for their jobs .
The maintenance supervisor in charge, Chuck Speake, called Simmons on his cell phone but claimed, "I didn't get a hold of Clay but if you guys want to make an appointment and come back he should be here tomorrow and I'm sure, he's not going to ‘not' to talk to you.
Workers feel this is really a countywide problem which needs to be handled from the top down. Maxey says, "I think the County Manager should be looking into it, talk to the working people here at D.O.T. off to the side and ask them what's going on."

Karen Hawes is the Lee County manager and Fox 4 left Hawes on her cell phone but received no response. We are told she's out of town. One thing is certainly clear; if County officials don't do something quick many workers say they're hitting the road. Maxey warns, "Other people have told me as soon as they can find another job they're gone. They want out of here they're done with this."

If you are a public employee and are having problems at work Fox 4 would like to hear from you. Head to Fox4now.com and click on the ‘Viewers' Voice' tab or call or text us at 239-206-Fox 4

To view the Fox 4 TV report click on this link: http://www.fox4now.com/story/14926395/disgruntled-county-workers-threaten-mass-exodus?redirected=true

Lee County worker blows the whistle on county managers

2011-06-15T21:41:00.000-07:00

A Lee County worker blows the whistle on county managers, accusing them of forcing employees out of their jobs. This comes after a Fox 4 investigation into the controversial resignation of the County's interim D-O-T Director.

Steve Sherman works for Lee County's Department of Transportation's Traffic Sign Division and after watching our report last night he decided to speak out. He wants to expose the way county officials are treating their employees and he feels it's so important he's willing to put his own job on the line for this. Sherman admits he's nervous about going public but says, "I feel the obligation to do right by my fellow employees and Mr. Wingard".

Paul Wingard is currently the county's interim Director of the Department of Transportation and has recently decided to resign. Wingard says he's leaving because he's not happy with the current administration, "when you're working with a group of people and you really feel like you're not part of that group, that's just not a good place to be in."

County Manager, Karen Hawes, claims Wingard and other key employees have been leaving to pursue more lucrative jobs in the private sector. But Wingard says that's not at all true, "I'm not leaving because of additional pay that absolutely has nothing to do with the reason I'm leaving."

And that has Lee County Commissioner Brian Bigelow questioning the integrity of Karen Hawes. Bigelow wonders, "are we getting other information in the course of doing county business that might also be inaccurate or misleading? This is a grave concern for myself."

Sherman says he knows the truth about why good employees are leaving and it's because county managers are forcing them out. He claims they rule with a "heavy handed mentality, it's my way or the highway,jobs are tough so if you don't like it here then go like it somewhere else."
Sherman now works for the County's Traffic Division of the Lee County Department of Transportation, he says he's happy there and he likes his supervisors but that wasn't the case a few years ago. When he worked at D.O.T's Operations Center he wasn't happy at all, he said supervisors there ruled with an iron fist and he's talked with other employees throughout Lee County who also say they have a problem with the upper management style.
Sherman says, "It's counterproductive to be chastised and be heavy handed in certain areas of departments with the employees". Sherman goes on to say that employees will eventually leave if things don't improve at the workplace, "Absolutely, if the employment business gets better in the private sector I'm sure there will be a great exodus out of here."
Lee County Commissioner Tammy Hall told Four in your Corner's Mike Mason more employees may lose their jobs because the county has a 46-million dollar deficit. County employees, however, don't feel that should have anything to do with how they are treated at work. Lee County records indicate 26 employees have left their jobs since May first of this year but the circumstances of *why* they left are unclear. Fox 4 would like to hear from public employees if they have problems at work. They can call or text Fox 4 at 239-206 Fox Four or send an email at ‘Foxfournow.com' and click on the ‘Viewers' Voice' tab.

Here's a link to the Fox 4 TV report: http://www.fox4now.com/story/14918744/lee-county-worker-blows-whistle-on-county-managers?redirected=true

Lee County manager comes under fire - accused of possibly forcing employees out of their jobs

2011-06-14T17:16:00.000-07:00

Karen Hawes - County Manager

FORT MYERS - The Lee County Manager is coming under fire, accused of possibly lying to Commissioners and pushing County employees out of their jobs. District 2 Commissioner Brian Bigelow says, "This is information that's coming to the Board if it's inaccurate or found to be intentionally misleading we need to know that."

The County's Interim Director of the County's Department of Transportation (D.O.T.), Paul Wingard is the latest employee who has decided to resign. He simply states he's not happy with his job, "No and that's why I'm leaving exactly."

Paul Wingard- Lee D.O.T

Wingard has worked with the County's transportation department for 18 years, has never had a negative evaluation and expected to be promoted. When Four in your Corner's Mike Mason asked Wingard if he thought he was the number two candidate to fill the Director position he answered, "That's kind of what was indicated to me but I don't know that because I wasn't in any of the meetings when they talked about it and ranked people."
County manager, Karen Hawes, claims Wingard is leaving for a more lucrative position in the private sector. In a memo to commissioners she wrote:

"As with Paul, another engineer in the Utilities Division is leaving to earn more compensation and receive greater benefits than the county is currently offering."

But Wingard insists that's not at all true, "my weekly paycheck compared to what I'm making right now today to what I will be making is actually less, but there are some other things that go along with that. It has nothing to do with money."

Brian Bigelow - Lee Commissioner

That's one reason Bigelow has asked the County Attorney at Tuesday's commission meeting to launch an inquiry into what really happened. Bigelow told commissioners, "There appears to be a factual conflict between Mr. Wingard's resignation letter of June 1st and the County Manager Hawes' email of the same day explaining his resignation for us."
Board members shot down Bigelow's request for the inquiry but Bigelow still wonders if Karen Hawes is really competent to be the County Manager. He says, "I just have to say I have a question, I have a question about it."
Wingard's resignation is not the only one Commissioner Bigelow is suspicious about, in the past year alone two other transportation employees have left the County and Bigelow wonders if they were forced out. That's why he asked Karen Hawes about it directly but he says she didn't really give him a clear answer. That's the reason Bigelow is the only one out of 5 commissioners who has refused to sign Hawes' annual evaluation. Bigelow states, "I wanted to know more about why in fact they (employees) left. I still to this day am not clear as to why they were forced out."
Wingard didn't want to talk specifics on camera but in his resignation letter he wrote:

"It has become obvious over the past several months that my knowledge, expertise and abilities are no longer of value to the county and I have become less and less satisfied with the work situation."

We wanted to speak with County Manager Karen Hawes but she left today's commission meeting early. She says she's flying out to Washington D.C. to meet with legislative staff there. No word on when she'll be back but Fox4 Investigates will stay on top of this story.

To watch the Fox4 report click on:

Chicken fight is heating up......

2011-06-13T20:26:00.000-07:00

LEE COUNTY - A chicken fight in Lee County is heating up tonight as some residents speak out against having chickens in their backyard. Some people claim they need them to put food on the table but Bob Marino says, "they're dirty and disgusting". Marino is the President of Country Club Estates, a deed restricted community. He says the chickens need to go away, "why do we have to have this sort of a problem it's a ridiculous problem so why should we have it. They're dirty animals".

Dianne Muth is a chicken farmer and lives in Country Club Estates, she wants to protect her way of life, "when you finally get a place of your own and you get told what you can't do in your own yard it's pretty sad really."
But Country Club Estates is a *deed restricted community* and it clearly states in the by-laws that Muth, or any other resident there, can't have chickens. Marino wants Muth to "be reasonable, get rid of the chickens there are other people in here not just one. We can't bend the rules for just one person. It's not fair."
But plenty of other folks throughout Lee County say they need chickens to make ends meet. They rely on them for eggs, meat and fertilizer for their gardens.

Dawn Kopp also supports chicken farming, "We want to be able to provide for our family." Kopp can't work right now because taking care of her elderly father has become a full time job. Kopp's father is currently at Gulf Coast Medical Center in Fort Myers because he apparently had a stroke. Kopp says she found out one of the nurses at the hospital also raises chickens in her backyard and that nurse shares those eggs with other nurses on staff. Medical professionals believe those eggs are healthier, they're organic and at least they know exactly where they're coming from." Kopp believes, "A lot of people are getting Government food stamps but there is going to be a day when that piggy bank is going to fall over and there's not going to be any more pennies falling out for them, we need to be able to be self sufficient, that's what America's all about."
Dianna Caminos is the one who launched a campaign and petition supporting chicken farmers in Lee County and it her efforts have become an overnight success., "Oh yes, absolutely, thank you very much Fox 4." Caminos tells Four in your Corner's Mike Mason, "We're getting people emailing us saying, ' I'm so glad that I met you because we wanted to have chickens but we didn't know how to go about doing it' so we're getting people all the time."

Lee County Commissioner Brian Bigelow promises to push to have the chicken issue on the agenda for next Tuesday's commission meeting. We really wanted to hear from Commissioner Frank Mann because he represents Lehigh Acres but for two days Mann has not responded to our calls. We'll stay on top of the story and bring you any updates.

Here's a link to the WFTX Fox4 TV Report by Mike Mason: http://www.fox4now.com/story/14900768/chicken-fight-heats-up-in-lee-county?redirected=true

Lee County Chicken Farmers ruffle feathers with County Officials

2011-06-10T22:17:00.000-07:00

LEHIGH ACRES, FLORIDA - Chicken coops are ruffling feathers in Lee County as many homeowners say they're being told to give up their main food supply! Local chicken farmers are being cited for raising the birds in their backyards but they say they can't afford not to.

Dianna Caminos is on disability, her husband recently lost his job and they have a 2-year old daughter with medical issues. Now they're fighting to keep food on the table. Caminos admits, "Well right now we have no income coming into our household at all, nothing." Caminos lives in Lehigh Acres and figured getting some chickens would help since they produce eggs, meat and fertilizer for her family's garden. She says she called someone at Lee County Animal Services to make sure it would be okay, "and she said. 'I don't have a problem with you having chickens as long as you don't have roosters and she laughed and said because they might disturb your neighbor."

Caminos then proceeded to purchase the chickens and everything seemed fine until she noticed other chicken farmers in her area were beginning to get citations. Caminos immediately called the Lee County Board of County Commissioners. Her District Commissioner for Lehigh Acres is Frank Mann. A member of Mann's staff told Caminos to call Animal Services. Animal Services told her she would have to contact Code Enforcement but all Code Enforcement did was to slap her with this citation for having the chickens.

Lee County Commissioner Brian Bigelow says, "that's not the way I would have addressed it or handled it." Bigelow says the local ordinance that forbids folks from raising chickens is outdated and he maintains,"to not address or to not accept that this is a sign of a new reality I think is living in denial we just simply can't do it."
Dianne Muth and her daughter also bought some chickens to help make ends meet, they were also cited and had until Friday June 10th to remove the birds. Four in your Corner's Mike Mason asked Muth if she planned to get rid of her chickens and she replied, "Can I take the fifth? Yes, I'm going to keep them. I'll keep them inside my house if I have to." And that's exactly what she's doing, the birds are now being kept in her garage.

Muth says she has only one request of County Commissioners, "Please just let us keep our chickens, we're not going to go overboard and have a whole poultry farm out here just 4 or 5 chickens to sustain our family that's all."
And Four in your Corner now has at least one Commissioner's promise that he ‘will' take action. Bigelow adamantly states, "we will definitely look at it even if it is only my office trying to do so."
In the past month alone Lee County Code Enforcement has issued dozens of violations to people for owning chickens. Dianna Caminos has begun a petition drive to change the ordinance and so far she has about 50 signatures. We will, of course, follow this story and bring you any updates.

Link to Fox4 Report: http://www.fox4now.com/story/14886262/lee-county-chicken-farmers-ruffle-feathers-wtih-county-officials?redirected=true

Pet Killer in North Fort Myers, Florida

2011-06-08T20:58:00.000-07:00

A North Fort Myers family is devastated after someone brutally kills their family pets. Someone used pesticides to kill two parakeets and no one who lives near the crime scene is talking.

Lauren Torres couldn't believe it when she got home and found one of her parakeets dead, the other one barely breathing. "He was like shaking and he was making, like he was gasping for air" Torres recalls, "you could tell it was suffering and I felt so bad and then my son started crying."

Torres' 8 year old son took care of the parakeets and says he's afraid to buy another one because the same thing could happen again.

But who could have committed such a horrible crime? "They're a sick individual to do something like that to animals" Torres says, "This is just malicious."

Both birds died because someone grabbed a can of Raid insecticide from the Torres' porch and sprayed the whole thing directly on the parakeets, but why?

Four in your Corner's Mike Mason visited a Cape Coral pet shop to ask that very question.
"Are there people who just don't like these birds?" Mike asked. "Some people, some people yes, because of the noise", shop worker Matt Ciancimino admitted.

Torres says that's no excuse to kill an animal, "If the birds were annoying to someone they could've come and knocked on my door and said something to me but I've never received any complaints from anyone about them." Torres says she doesn't feel safe in her own home because the door doesn't lock from the outside and the screen is ripped wide open. So literally anyone in this neighborhood could have committed this crime.

We decided to knock on some doors to find out if neighbors had any clues as to who could have done this.

One woman who lived close by claimed she didn't know anything about it. Another resident across the street didn't appear affected by the news.

Stephen Palesky said, "It is what it is you know, what are you going to do about it? Do you know where you're at? Mike asked Palesky if he considered this section of North Fort Myers a bad neighborhood. Palesky remarked, "It ain't the best, you know".

But bad neighborhood or not, Torres feels she lost part of her family. She remembers how much her family adored the birds, "it was cute seeing them like kissing each other and they were like a little couple you know."
Torres is so upset about this that she's decided to move. She bought a "For Sale" sign and put her house on the market. If investigators ever do find out who killed the birds they could be charged with animal cruelty.

Here's a link to the Fox 4 News report: http://www.fox4now.com/story/14871793/pet-killer-in-north-fort-myers?redirected=true

Battling Cancer with Courage - In loving memory of Margot Gallagher, who left us on 11/11/2010

2010-10-25T12:44:00.000-07:00

Margot Gallagher had been fighting several forms of cancer for the past year. On November 11th, 2010 she lost her fight at the age 46. On October 24th, a small group of friends had a farewell party for her at an art gallery (above) in Miami before she moved up North to be with her family. She always maintained a smile and sense of grace throughout her tribulations and rigorous sessions of chemotherapy. Her positive attitude has truly been an inspiration to me and many others. We love you Margot...you found a way to match calamity with serenity....God be with you.

The following is her obituary:

Margot Joan Gallagher, 46, of Miami Beach, FL and North Haven, CT died peacefully on November 11, 2010 after a lengthy and courageous battle with cancer. She is survived by her parents Thomas and Lynn Gallagher, her brother Leo Gallagher, sister Wendy (Paul) Saracco, brother Ted (Linda) Gallagher. Also by her nieces and nephews, Ryan & Jared Gallagher and Maria, Meghan, Sofia, & Ava Saracco. She was known affectionately to her family as "Auntie Go-Go". She was a warm and loving person who helped and inspired many people over the years. She will be missed greatly.

Smoking Synthetic Marijuana

2010-10-24T07:44:00.000-07:00

"John" sits on a street corner rolling a joint in South Beach, Miami in broad daylight. He's smoking 'herbal incense' known as K2 or "Spice", a new form of synthetic marijuana.

John tells me it doesn't show up in drug tests so he doesn't fear losing his job. He says it gets him just as high as pot and you can buy it at most convenience stores. He prefers the brand, "Mr. Nice Guy", which many users say is one of the most potent brands on the market. Law Enforcement Officials are not thrilled and are scrambling to make drugs like K2 illegal. Apparently there is another 'more potent' version of K2 called K3 that is now just beginning to hit store shelves. Officials say it's dangerous and there have already been reports of users requiring hospitalization after using the drug.

Top real estate team shines by using shady tactics

2010-06-21T08:12:00.000-07:00

I am a freelance investigative reporter and I also hold a real estate license in the state of Florida.
While representing some buyers, I recently submitted an offer to purchase an REO (bank owned) home. I later found out I had no chance of competing for the deal because the listing agent changed the rules for submitting the offer AFTER it was already submitted...and that's just the beginning. I then filed the following complaint with the State of Florida's Department of Business and Professional Regulation (DBPR). DBPR found sufficient evidence to launch a formal investigation, the name of the realtor who's under review has been omitted pending the outcome.

COMPLAINT

On May 17th, 2010 an REO home was listed for sale in Southwest Miami, FL in the 33145 zip code. The listing agent for this property works with Coldwell Banker. As a licensed Realtor, I represented two buyers who decided to submit an offer in an attempt to purchase the home.

On May 18th I emailed the property's listing agent to ask if she thought the bank would accept an offer at full price and she replied "we submit all offers, please send". The home was an REO and the description on the MLS (multiple listing service) stated that all purchase offers were required to include certain forms that were posted on the MLS by the listing agent. The forms were in a PDF attachment and contained 8 pages. I printed them out and reviewed them with the buyers. 5 of those pages included an "As is" contract which had the name of the required title agent already typed in. The other areas that were already typed in included: '14 days allowed for a loan commitment' and '3 days for inspections'. My buyers wanted to use their own escrow agent to hold the deposit and wanted to have at least 5 days to do inspections. The house was listed for $246,900 but my buyers offered to pay $270,000 which is $23,100 above list price. They planned to finance 80% of the sales price with a conventional mortgage. We prepared our offer along with a pre-approval and escrow letter. We also filled out the 'buyers information' sheet that was included in the PDF attachment. Our offer was submitted to the listing agent via email on May 20th, 2010 and she acknowledged receipt.

On May 21st I sent the listing agent the following message "Please let me know if you have any questions or concerns. The buyers don't want to lose this deal so we will do the best we can - just let us know what we need to do please". After not hearing from her for a couple of days I called her Broker to confirm my offer had been submitted and whether I needed to increase the price or change the terms. The broker could only assure me that the listing agent submits all offers.

On May 28th, I again emailed the listing agent to find out the status of the deal and 5 minutes later someone on her team emailed me to say the bank accepted another offer.

On June 8th the deal was closed and the buyer's agent happened to be a member of the listing agent's own team which means they received both sides of the commission. That team then re-listed the home the very next day for $350,000 - a whopping $100,000 more than it just sold for.

When I learned of this, I went back to review the closed listing. I opened the PDF attachment and was shocked to find that it now included 16 pages instead of the 8 pages that were there originally. The new PDF attachment included additional documents such as an information sheet outlining exactly what is required for an offer to be considered. For instance, it stated that all buyers must contact their Chase loan officer so she can cross reference the buyer's pre-approval for financed offers. That document went on to state that Chase's verification of funds was extremely important because the listing agent "can not upload a financed offer without this". There is no way I could have known this information because it was not available when I submitted my offer and the listing agent failed to notify me at any point during my communications with her later on. That document also stated that "any changes made to the contract will not be acceptable," but again I could not have known this because it was not previously disclosed.

There were still more additional documents that were added to the MLS after I had made my offer. They included: a mold disclosure releasing Chase from any liability, an addendum regarding forfeiture of deposit, a drywall disclosure and a Chase advertisement about getting cash back incentives on a mortgage. Curiously, the 'As is' contract was replaced with another one that stated the title company was 'TBD' and the name of the previously required title agent was no longer there. The inspection period had also been changed, the '3 Days' was simply taken out and left blank. Section 5 of the contract concerning who was responsible for obtaining the title commitment was also changed from 'Seller at seller's expense' to 'Buyer at buyer's expense'.

On June 10th I called the listing agent to ask why the documents in the PDF file had been changed and she said she wasn't sure but someone in her office may have made a mistake. I found that hard to believe since the MLS indicates that someone used her license number to log in and upload the new PDF attachment. She maintained that my offer had been submitted but the bank accepted the other offer because it was a cash deal with a lot of earnest money down.

She not only closed that deal by selling the home for $250k to her own investor but she then turned around and relisted the home for $100k more the very next day. When I asked her about this she bragged about already having multiple offers on the home at the new price of $350,000.

I now question whether my offer was ever submitted. I also wonder if Chase knew the home was worth much more than $250,000 when they listed this REO with this agent. Shouldn't they be upset to know the listing agent turned around and listed the same home for an additional $100,000 the very next day and, as she says, there are already 'multiple offers'?
It is grossly unfair for this listing agent to have changed the required contract documents on the MLS after agents had submitted their offers. If documents needed to be changed then she should have called each agent who had submitted an offer and told them about the new documents that needed be filled out and submitted. According to the new documents, my offer would be considered incomplete and would not have even been submitted for review because it was missing critical addendums and I didn't contact the Chase loan representative to verify funds. There is no way I, or any other Realtor, could have known this and it was the listing agent's responsibility to notify us. My buyers were extremely disappointed and disheartened to see how this deal played out. Because of this they are losing confidence in all real estate professionals. At the very least, the listing agent did not allow buyers a fair shot at purchasing her listing and her actions regarding the required paperwork appear deceptive. I believe this deserves some type of recourse.

This particular agent has sold 125 homes in the past 12 months and claims to be one of the highest producers in the nation. Has this agent really created a winning team if she doesn't play by the rules of the game?

Mike Mason
305-527-3088
Mike@MikeMason.Biz
http://www.mikemason.biz/

The infamous 'Son of Sam' serial killer goes before the parole board for the 5th time, meanwhile one of his alleged victims is calling on police to reopen the investigation.

2010-05-05T07:40:00.000-07:00

On Tuesday, May 4th, 56 year old David Berkowitz was denied parole for the 5th time. For the past 33 years, the ‘Son of Sam’ serial killer has been in prison and is currently housed at the Sullivan Correctional Facility in Fallsburg, New York.

Berkowitz has been denied parole each time in the past because of the brutal nature of his crimes. In 1976 he admitted to using a .44 caliber gun to kill 6 people and wound 7 others. When arrested, Berkowitz plead guilty and was sentenced to 6 consecutive life terms but after serving only 25 years state law allows him a chance for parole every 2 years.

On February 24th, 2010 Berkowitz told me exclusively he had already decided what he would do during his May parole hearing. Two months before sending a letter to his Parole Officer he mailed a copy to me. It states, “Please be advised that I am not seeking parole consideration at this time.” signed David Berkowitz.

In March I located one of the ‘Son of Sam’ survivors. For the first time in 15 years Carl Denaro spoke about the time he was shot in the head back in 1976. Denaro recalls, ”I thought the car exploded.” Instead, a shooter had just emptied five .44 caliber rounds into the car, hitting Denaro in the back of the head. He was rushed to a hospital and surgery saved his life.
Police eventually determined that David Berkowitz was the one who shot him but now Denaro has serious doubts. He has done some of his own investigating in the years since he was shot and now he’s calling on police to re-open the Berkowitz case and prove it was all a conspiracy.

At the time police didn’t know who David Berkowitz was. Then a year later though, the infamous ‘Son of Sam’ serial killer was arrested and Berkowitz plead guilty to the killings and attempted murders which included Carl Denaro. Today, however, Denaro states, “I’d like to know who shot me”. When asked if he truly beleives Berkowitz didn't pull the trigger Denaro replied, “I’m 99.9% sure it wasn’t him.”

Denaro says he has good reason to believe Berkowitz was not acting alone. He states, “I’ve run into up to 30 detectives that 'off record' will tell me they know other people were involved”. Denaro also remembers how detectives confiscated the Volkswagen he was shot in so they could conduct forensic testing. He says when police returned the car a couple of weeks later the car’s owner was cleaning it out and found a .44 caliber bullet that police somehow overlooked. That bullet was then turned over to the police department’s ballistics experts. Denaro cites this as a clear case of shoddy police work and he also believes officials rushed to close the investigation for political reasons. After Berkowitz's arrest police officers and city officials were promoted and the press glorified them as the heroes who caught New York’s most infamous serial killer.

Denaro believes Satanic cult members were also part of the 'Son of Sam' killings. Berkowitz himself contends his murderous rage was fueled by his involvement with a cult, “I really thought I was some kind of soldier in a Satanic army and we had determined to bring NYC to its knees.”

In the mid ’90’s Berkowitz admitted there were indeed others who also committed the murders. During an on-camera interview he claimed, “I did not pull the trigger at every single one of them.” Since then he has once again changed his story.

Denaro says this should convince police to revisit the investigation, ”I believe they should reopen the case because I think there are people who were involved who are still out there.”

Officials at the New York City Police Department say the case is closed and there is no reason to open it back up. However, the Berkowitz case was reportedly reopened in 1996 after the Yonkers Police Department received some credible ‘new leads’. Since then there have been no reports as to exactly what those leads were or the result of the investigation. On February 26th, 2010 I asked the Yonkers P.D. to provide me with the case file so I could review the information. Now, more than two months later, officials claim they still have been unable to locate that file in their archives. Yesterday Detective Sergeant Patrick McCormack with the Yonkers Police Commissioners Office told me he, “just spoke with the Captain of the Intelligence Unit, they are still searching for any files associated with that investigation.”

Watch Mike Mason's Investigative Television Reports which aired on WPIX-TV in March:

Son of Sam Part One: http://www.youtube.com/watch?v=gNPKnRiq-BE&feature=related

Son of Sam Part Two: http://www.youtube.com/watch?v=RFn3zCCPK14&feature=related

Exclusive interview: ‘Son of Sam’ shooting survivor believes David Berkowitz did not shoot him and he’s now calling on police to re-open New York City’s most infamous murder investigation.

2010-03-17T09:33:00.000-07:00

One of the ‘Son of Sam’ survivors speaks out for the first time in 15 years. Police told Carl Denaro that David Berkowitz is the one who shot him but now Denaro has serious doubts. After watching our first report, Denaro now wants to tell his story.
He has done some of his own investigating since he was shot in the head back in 1976. Now he’s calling on police to re-open the Berkowitz case and prove this was all a conspiracy. In October of 1976, 20-year old Carl Denaro was on a late night date. He and his girlfriend parked their car in Queens and a few minutes later their whole world changed. Denaro recalls, ”I thought the car exploded.” Instead, a shooter had just emptied five .44 caliber rounds into the car, hitting Denaro in the back of the head. His girlfriend wasn’t hit so she quickly sped off. Denaro survived but his scars will never heal. Carl Denaro points to his head stating, “It’s a big horseshoe scar and there’s a couple of staples, 8 staples going around and like 250 stitches.”
At the time police didn’t know who David Berkowitz was. Then a year later though, the infamous ‘Son of Sam’ serial killer was arrested and Berkowitz plead guilty to killing 6 people and wounding 7 others. That included Carl Denaro. Denaro –“I’d like to know who shot me. Mike Mason – You don’t know if it was Berkowitz? Denaro – I’m 99.9% sure it wasn’t him.” Denaro says he has good reason to believe Berkowitz was not acting alone. Denaro says, “I’ve run into up to 30 detectives that 'off record' will tell me they know other people were involved”.

Denaro also remembers how detectives confiscated the Volkswagen he was shot in so they could conduct forensic testing. He says when police returned the car a couple of weeks later the car’s owner was cleaning it out and found a .44 caliber bullet lodged in a blanket that was still in the wheel well of the VW. That bullet was then turned over to the police department’s ballistics experts but Denaro cites this as a clear case of shoddy police work.

Robert Violante is also a survivor and was told by police that Berkowitz is the one who shot him.Violante remembers, “I was shot in the head I was shot right in my right eye.” Viloante says he’s not convinced Berkowitz pulled the trigger, “The guy that was parked in front of me he described somebody totally different.” Witness descriptions and police sketches of the Son of Sam were also different.

In the past, former Queens District Attorney John Santucci has said even he thinks Berkowitz did not act alone. Santucci stated, “It has crossed my mind that this 44 caliber pistol that was the weapon used in the shootings that we witnessed was passed around among a number of people.”

In the mid ’90’s Berkowitz himself has said there were others who also committed the murders. David Berkowitz claimed,“I did not pull the trigger at every single one of them.” Since then he has once again changed his story. Berkowitz also blames his murderous rage was fueled by his involvement with members of a Satanic cult. That’s why many wonder if they were also involved. Berkowitz says from his prison cell, “I really thought I was some kind of soldier in a Satanic army and we had determined to bring NYC to its knees.”

Denaro suspects cult members conspired with Berkowitz during the killing spree, ”I believe they should reopen the case because I think there are people who were involved who are still out there.”

Denaro was shot in a residential area of Flushing, Queens. There are other residents there who share his opinion that there more than one gunman involved. Mike DeAngelo lives in Flushing and doesn’t buy the lone gunman theory, “They pinned it on one guy basically.” Asked if he thought there was more than one person involved he states, “I do yeah I do.”
Despite the circumstances, Denaro says he has managed to move on with his life. “It just kind of gives you a whole new different outlook on taking every day as it comes.” And Berkowitz also has a different outlook.

Today he says he’s a Born again Christian. Berkowitz claims, “I had a personal encounter with God almighty right inside the prison house.” When asked if Denaro believes Berkowitz has had a religious transformation he replied, ”Yes I do I do.”

Carl Denaro has never spoken with Berkowitz but he does have one question for him, ”Why don’t you come out and say who else is involved?”

Bronx District Attorney Mario Merola worked the case and before his death he remained adamant that the infamous ‘Son of Sam’ was the sole shooter. Berkowitz is set to go before the parole board again this May but he told me exclusively that he has no desire to seek parole this time around.
Here is the Link to my television report on WPIX in NYC: http://www.youtube.com/watch?v=RFn3zCCPK14&feature=related

The infamous 'Son of Sam' serial killer is coming up for parole and he now has thousands of supporters who say he's no longer a threat to society. In this special report David Berkowitz tells me exclusively what he plans to do when he goes before the parole board.

2010-03-07T06:53:00.000-08:00

The infamous serial killer David Berkowitz, also known as the 'Son of Sam', will soon be up for parole for the fifth time. Berkowitz says he’s since found God and his supporters believe he’s no longer a threat to society. That’s why many fear he may soon be released from prison.

This week Berkowitz sent a letter exclusively to me explaining what he plans to do during his upcoming parole hearing. We’ve also obtained provocative prison journals from the serial killer and interviews never before released to the general public.

56 year old David Berkowitz has spent the past 33 years in prison and is currently housed at the Sullivan Correctional Facility in Fallsburg, New York. For years he has become disenchanted with speaking with reporters. In a letter in September 2009 he writes,"interviews for the most part were disappointing and never turned out as I had hoped."
However, Berkowitz has chosen to write to me for the past six months.

The man known as the Son of Sam says he has become a Born again Christian and proclaims, “I had a personal encounter with God almighty right inside the prison house.”
But there was nothing spiritual about his 13 month shooting spree in 1976 when he killed 6 people - leaving 7 wounded.
When arrested Berkowitz plead guilty and was sentenced to 6 consecutive life terms but after serving only 25 years state law allows him a chance for parole every two years.

Now that his 5th parole hearing is coming up in May, the Son of Sam swears he’s a changed man, “Today God has said you are now the Son of hope.”

Betty Allen is a Christian who has befriended Bekowitz “He is a totally different human being and that’s what Jesus Christ does in our lives.” That apparent religious transformation has helped Berkowitz to gather intense support from Church groups and people from across the nation.

In a letter dated February 24th, 2010 Berkowitz tells me about the support he's received from the public. He writes:

“Everyone from college students to those in the military have gotten insight, inspiration, etc. It’s good to touch lives and give people some hope.”

New Yorkers who were there during the Son of Sam murders say they’ll never forget the terror they felt during that time. That chilling effect has left them with strong opinions on whether Berkowitz should ever be released from prison.

"Leave him there in that cage that’s where he belongs," Nina Soffer recalls how Berkowitz targeted women with dark hair. “Women were buying blonde wigs, they were dying their hair blonde I was a platinum blonde for a week."

Berkowitz says he has hurt enough people and has decided what he’ll do during his parole hearing in May. He chose to send this letter exclusively to me, two months before releasing it to his Parole Officer. It states:

“Please be advised that I am not seeking parole consideration at this time.” signed David Berkowitz.

People like Jeffrey Degan says they are not so convinced, “I think he’s a very clever manipulating human being." Degan and Soffer both lived in New York City at the time of the murders and have since moved to Miami. When asked if Berkowitz should ever be released from prison, Soffer adamently replied. “I think it’s pretty difficult to cure somebody of psychosis, which is what he’s got."

The Son of Sam blames his rage on his involvement with a Satanic cult, "I really thought I was some kind of soldier in a Satanic army and we had determined to bring NYC to its knees.”

Berkowitz feels his previous drug and alcohol use, childhood problems, tendencies to vandalize buildings and set fires all lead up to his killing spree. He says, “ If I could go back I would take that gun and throw it right in the sewer.’

In the past couple of years Berkowitz has begun writing lenghty prison journals. He opines on everything from biblical scriptures to current events. His latest entry warns kids about singer Susan Boyle.
He writes

“Little children, keep yo:urselves from idols. , Susan Boyle has become an overnight sensation and an idol. But idols come, and they go. We’ve become a nation of people worshippers.”

Berkowitz also refers to the bible's Book of Revelations which states Satan is set to take over the world, he writes:

“Everyone is going to be electronically tracked and monitored. And so tyrannical will this international body be that those who refuse to go along with it will be put to death.”

Soffer contends,“he has transferred his fantasies into religious ones but those fantasies and that disconnect from reality still exists.

Prison officials say Berkowitz has been a model inmate for the past two decades. His last disciplinary action was back in 1989 for having an unauthorized bible in his cell.

The family members and survivors of the Son of Sam's killing spree say they'll never be able forgive him.

In 1977 Stacy Moskowitz and her boyfriend Robert Violante, both 20, were in Violante's parked car . They were kissing when Berkowitz fired several gunshots into the car, striking both victims in the head. Moskowitz died several hours later in the hospital. Many years later Stacy's mother wrote several letters to Berkowitz saying she moved beyond the intense pain he has caused but she can’t forgive him for what he did. Tragically, since Stacey’s death her entire family has died including her mother, younger sister and her father. The mother and daughter had health issues and the father died of a heart attack.

Link to Mike Mason's Television Report on WPIX-TV: http://www.youtube.com/watch?v=gNPKnRiq-BE&feature=related

Investigative Reporter Mike Mason airs exclusive report on 'Son of Sam' serial killer who is coming up for parole.

2010-02-26T10:02:00.000-08:00

Investigative reporter Mike Mason aired his report in NYC last night on David Berkowitz, also known as the 'Son of Sam' serial killer. Berkowitz is up for parole in May and has chosen to tell me exclusively whether he plans to seek parole for the first time. I've also obtained his prison journals in which he talks about everything from Armageddon to singing sensation Susan Boyle.

Most people say he should never be released but Berkowitz has now gathered thousands of supporters who believe he is no longer a threat to society.

Here's the link: : http://www.wpix.com/videobeta/3327461c-dbd5-4fc1-b253-f6e2b87bb272/News/Exclusive-Son-of-Sam-Letter-to-PIX

Mike Mason is an award investigative reporter earning several Emys, the coveted Alfred I. duPont, Edward R. Murrow, Investigative Reporters & Editors, and many more,

Dan Rather presented Mike with this Investigative Reporters & Editors Award in 2005.

Federal Prosecutor of internet ponzi case is now 'off the case'

2009-10-13T21:37:00.000-07:00

The Federal prosecutor who kept 'Ad Surf Daily' (ASD) in his crosshairs is no longer on the case and has officially turned in his government badge.

US Department of Justice Senior Trial Attorney William R. Cowden spearheaded the investigation into internet marketing firm 'ASD' and its president, Andy Bowdoin, after feds seized the company's assets in August, 2008.
Department officials have stated:

"Bill Cowden has left the Department of Justice for private practice. DOJ related inquiries to the Asset Forfeiture & Money Laundering Section at 202-514-1263. AdSurfDaily inquiries may be directed to the United States Attorney's Office for the District of Columbia at 202-514-7700."

It is not clear exactly why Cowden left the DOJ but officials say the case will now be prosecuted by the Chief of Asset Forfeiture Division for the District of Columbia.

ASD's problems began last fall when Feds raided ASD's headquarters in Quincy, Florida. Cowden then filed charges against Bowdoin after determining he was operating an elaborate ponzi scheme. Federal officials contend the internet company’s business model required its ‘members’ to purchase what are termed as ’ad packs’ in order to participate in the online marketing program. Members then received a profit each time they clicked on websites of cooperating members who also paid a nominal fee to advertise their businesses with ASD. Cowden claims the company was a ‘ponzi’ because many members did not have legitimate businesses and ASD was only able to generate revenue by having new members pay to participate in the program. ASD is estimated to have upwards of 125,000 paying members nationwide.

In total the federal government seized $53M (fifty three million dollars) of assets from 'Ad Surf Daily' (ASD) and $14M from Golden Panda (GP), another similar internet company they say was controlled by Bowdoin. In late July, 2009 the US Attorney General’s office completed its investigation and officials say they were able to convince Bowdoin to release Golden Panda’s assets to the government. Cowden maintains that Bowdoin voluntarily ‘walked away’ from his claim on the GP money after reviewing the Government’s evidence against him. Cowden asserts Bowdoin was never offered any deals and is still subject to criminal charges.

On September 21st, 2009 Bowdoin announced he is going to fight the federal charges against him and ASD by taking his case to trial. He hopes to convince jurors that ASD was a legitimate business and did nothing illegal. Bowdoin's decision to go to trial has sparked mixed reactions from ASD members. Many have expressed their opinions on various online forums dedicated to discussing problems surrounding the company. Bowdoin admits to having already spent more than a million dollars in legal fees and those costs will certainly skyrocket if and when the case goes to trial. Many members support Bowdoin and his fight against the federal government while others are outraged and feel he should be imprisoned for the questionable methods he used to operate the company. Still others remain hopeful they will retrieve money they've invested in ASD.

Government officials say they are already prepared to distribute the $14M seized from Bowdoin's other company, Golden Panda. Officials say anyone who lost money while doing business with GP is urged to contact the United States Attorney's Office for the District of Columbia at 202-514-7700.

The United States Department of Justice has posted an online form for ASD members who wish to recoup any money they lost while doing business with ASD. Members can fill out the form by going to the government's website:
'www.usdoj.gov/usao/dc/Victim_Witness_Assistance/adsurfdaily.html'
or contact the DOJ by emailing information to the Department at 'usadc.adsurfdaily@usdoj.gov'.

There are some 'Ad Surf Daily' members who refuse to submit their information to the government. They fear that in doing so they may also be investigated for conducting business with ASD and could subsequently face federal charges.

Many still support Bowdoin and believe the company is a legitimate business. Cowden says it has been difficult for ASD's members to face the facts, "Every time there's one of these cases the victims and people are disappointed to find out it's a fraud."

Ad Surf Daily President Breaks Silence: I'm going to trial

2009-09-25T08:07:00.000-07:00

Ad Surf Daily (ASD) president Andy Bowdoin finally broke his silence Monday announcing he's going to fight the federal charges against him and go to trial. Bowdoin made his public address by recording a phone message which served as an update to all ASD members.
The embattled internet marketing company is said to have 125,000 members nationwide. After federal agents accused the company of being a ponzi scheme and seized assets totalling $53 million dollars, members have been left in the dark. Bowdoin recorded a message but did not hold a 'live' conference call in which members could ask questions.

The call began with an automated voice, "Welcome to Ad Surf Daily update call on September 21, 2009, now here’s Andy Bowdoin":

I transcribed Bowdoin's address which follows:

"I have decided to stop talking with the government and get before a jury to plead our case. I believe that with our present attorneys that we can build a winning case. We have three expert witnesses that are willing to testify that our program was not a ‘ponzi’. The government doesn’t have any right to keep your money. We want to get your money back, we’d like to restart ASD. Now I’d be willing to tweak the program if the government desires. To those of you that would like to restart with ASD when you get your money back you’d have the right to do so. Now I haven’t hurt anyone, we’ve only made money for our members, ASD did not have a victim until the government stepped in and crushed our company. I’ve spent over a million dollars on legal fees to get your money back and to stay out of prison and it reminds me of this person back in Mississippi, Cheryl Blackwood. She was Miss America in 1980. When she was 5 years old a milkman told her that some day she was going to be Miss America. She said that planted a seed in her mind. She entered her first pageant when she was 18, it was a Miss America preliminary; Miss Choctaw County in Mississippi. She lost. The next year she entered the Mississippi State pageant and lost again. The following year she entered the Mississippi State again and lost again. The third year at Mississippi State, which was her fourth year in the pageant, she won the University title and she thought that she was finally on her way but she lost at the state level. The fifth spring she entered another local pageant and won, she won Miss Mississippi and went on to Atlantic City and won the Miss America pageant. It took her five years but she made it.

Now we suffered a great loss on August the first 2008 when the government came in and shut us down and we’ve continued to suffer for the past year. But folks, I firmly believe that beyond a shadow of a doubt that we will win before a jury. I don’t know exactly when that will take place but we will be ready. As I said, that I am restricted on this call tonight as to the things I can say because of the upcoming trial but we will be able to have conference calls and be able to present things to you as they happen."

Bowdoin then concludes his address and introduces a woman who he says he appointed to be ASD's new spokesperson.

ASD's problems began last fall when Federal prosecutors filed charges against Bowdoin after determining he was operating an elaborate ponzi scheme. Officials contend the company’s model required its ‘members’ to purchase what are termed as ’ad packs’ in order to participate in the program. Members then received a profit each time they clicked on websites of cooperating members who paid a nominal fee to advertise their businesses with ASD. The US Attorney General’s Office contends the company was a ‘ponzi’ because many members did not have legitimate businesses and ASD was only able to generate revenue by having new members pay to participate in the program.

Bowdoin's decision to fight the charges against him has sparked mixed reactions from ASD members. Many have expressed their opinions on various online forums dedicated to discussing problems surrounding the company. Bowdoin admits to having already spent more than a million dollars in legal fees and those costs could skyrocket if the case goes to trial. Many members support Bowdoin and his fight against the federal government while others feel he should be imprisoned for the questionable methods he used to operate the company. Still others remain hopeful they will retrieve money they've invested in ASD but now fear Bowdoin will use much of it to fight the federal charges against him.

Several months ago Bowdoin agreed to release his claim on ASD's assets and allow the government to assume ownership of the funds. Officials with the United States Department of Justice promised to distribute the money to ASD members using carefully controlled methods.

Bowdoin later changed his mind and decided to reverse his decision to release the funds to federal officials.

Numerous attempts to personally interview Bowdoin have been declined by his attorney, Charles A. Murray. Murray has also been unresponsive in providing additional details surrounding this case.

Mike Mason
305-527-3088
Mike@MikeMason.Biz
Investigative Reporting Video Resume: http://bit.ly/Z512e
Blog: http://investigativereportermikemason.blogspot.com/

President of internet marketing firm claims he was 'hoodwinked' in order to strike a deal with Feds in ponzi case

2009-09-15T12:34:00.000-07:00

The president of internet marketing firm, Ad Surf Daily (ASD), says he only brokered a deal with federal prosecutors because they promised to grant him leniency in the 'ponzi' case against him. ASD president Andy Bowdoin and his new attorney, Charles A. Murray, filed a motion in federal court yesterday claiming Bowdoin should be allowed to fight for money seized by federal agents last year.

The motion filed by Murray is a 'response to order to show cause and a motion to rescind release of claims'. Bowdoin hopes to convince federal officials to restore his right to fight for ASD's assets even though he had previously agreed to release them to the government.

US District Judge Rosemary Collyer is presiding over the ASD case and will ultimately decide whether to grant the motion. Bowdoin must prove to Judge Collyer that he has a legal right to attempt to reclaim the funds. Charles Murray filed the motion to 'show cause' on September 14th which was the deadline set by Judge Collyer. The judge's original deadline was August 28th but she granted Bowdoin an extension after Murray insisted he needed more time to 'continue negotiations' with federal officials.

Last year Federal agents raided ASD's headquarters in Quincy, Florida and proceeded to seize millions of dollars after determining the company was a 'ponzi scheme'.

Several months after the seizure prosecutors say Bowdoin voluntarily 'walked away' from the money when he reviewed the federal charges against him. Soon after, Bowdoin changed his mind and decided to fight for the money. He and his attorney hope this new motion will convince Judge Collyer to allow him to stay 'in the case'.

Judge Collyer's deadline for Bowdoin to show Cause was September 14, 2009. She had extended her previous deadline of August 28th.

Murray believes Bowdoin chose to forfeit ASD funds because he received erroneous information from his former attorneys. In the court order Murray states, "On January 13, 2009, he (Bowdoin) filed a motion to release claims to seized property. Mr. Bowdoin’s January 13, 2009 motion was predicated on misinformation and misrepresentation; therefore, Mr. Bowdoin’s Motion to Release Claims is voidable and subject to rescission under Rule 60(b). Mr. Bowdoin hereby responds to the Order to Show Cause, and respectfully requests that this Court reinstate his claims to seized property."

Bowdoin also filed an affidavit yesterday in which he contends his former attorney Steven Dobson, "represented to me that I could possibly avoid prison or get a reduced sentence if I agreed to disclose details concerning ASD and releasing the assets."

US Department of Justice Senior Trial Attorney William R. Cowden maintains Bowdoin voluntarily ‘walked away’ from his claim on the money after reviewing the Government’s evidence against him. Cowden asserts Bowdoin was never offered any deals in exchange for his cooperation and is still subject to criminal charges.

Bowdoin says he was led to believe otherwise, "Cowden explained that I would be subject to the maximum penalty, under the statute, but that he would inform the judge that I cooperated."

Bowdoin says he surrendered ASD's funds to the government because he thought prosecutors would offer him a deal. Bowdoin now claims he "had been hoodwinked."

Federal prosecutors accuse Bowdoin of running an elaborate ponzi scheme which required its ‘members’ to purchase 'ad packs' in order to participate in the program. Members then received a profit each time they clicked on websites of businesses that advertised with ASD. The US Attorney General’s Office contends the company was a ‘ponzi’ because it could only generate revenue by having new members pay to participate in the program.

The government's confiscation of the funds netted $53M (fifty three million dollars) which Bowdoin had deposited in several Bank of America accounts.

Bowdoin hopes to convince Judge Collyer that his attorney and federal prosecutors misled and unfairly pressured him to forfeit his claim on those funds. Bowdoin states, "Government counsel wanted me to admit to criminal conduct despite my belief in my innocence."

Officials with the United States Department of Justice are hoping Judge Collyer will dismiss Bowdoin's motion to reclaim the assets and allow the government to assume complete ownership of the funds. Officials contend the government could then distribute the money to ASD members using carefully controlled methods.

US Justice officials have posted an online form for ASD members who wish to recoup any money they lost while doing business with ASD. Members can fill out the form by going to the government's website:
'www.usdoj.gov/usao/dc/Victim_Witness_Assistance/adsurfdaily.html'

Judge grants Ad Surf Daily & Federal Prosecutors more time to negotiate 'ponzi' case

2009-08-26T12:41:00.000-07:00

US District Judge Rosemary Collyer granted 'Ad Surf Daily's' president, Andy Bowdoin, more time to continue negotiations in the federal case against him. Last week Bowdoin's attorney said he needed an extension based on the fact that negotiations were still taking place and "more time is needed to come to a solution."
Last year Federal officials seized millions of dollars in ASD funds after determining the company was a ponzi scheme. Several months after the seizure prosecutors say Bowdoin voluntarily 'walked away' from the money when he reviewed the federal charges against him. Soon after, Bowdoin changed his mind and decided to fight for the money. He and his attorney must now convince Judge Collyer why he, and ASD, should be allowed to stay 'in the case'.

Judge Collyer ordered Bowdoin to "show Cause no later than September 14, 2009," her previous deadline was August 28th.

Bowdoin's business model for ASD required its ‘members’ to purchase 'ad packs' in order to participate in the program. Members then received a profit each time they clicked on websites of businesses that advertised with ASD. The US Attorney General’s Office contends the company was a ‘ponzi’ because it could only generate revenue by having new members pay to participate in the program.

The government's confiscation of the funds netted $53M (fifty three million dollars) which Bowdoin had deposited in several Bank of America accounts. He claims the accounts were designated to maintain ASD revenue and, subsequently, Bank of America has also been named as a defendant in the federal case against Bowdoin and ASD.

Last week Bowdoin and his attorney, Charles A. Murray, spoke for several hours as they mapped out their next move. Since the seizure, Bowdoin has maintained he would find a way to "give the money back to the people." ASD is estimated to have had upwards of 125,000 members nationwide.
Officials with the United States Department of Justice are hoping Bowdoin will release his claim on the assets and allow the government to assume ownership of the funds. Officials contend the government could then distribute the money to ASD members using carefully controlled methods.

US Justice officials have posted an online form for ASD members who wish to recoup any money they lost while doing business with ASD. Members can fill out the form by going to the government's website:
'www.usdoj.gov/usao/dc/Victim_Witness_Assistance/adsurfdaily.html'
or contact the DOJ by emailing information to the Department at 'usadc.adsurfdaily@usdoj.gov'.

US Department of Justice Senior Trial Attorney William R. Cowden says the government is now ready to begin distribution of $14M it seized from Golden Panda (GP), another similar company they say was controlled by Bowdoin. In late July, 2009 the US Attorney General’s office completed its investigation into GP and officials say they were able to convince Bowdoin to release GP’s assets to the government. Cowden maintains Bowdoin voluntarily ‘walked away’ from his claim on the money after reviewing the Government’s evidence against him. Cowden asserts Bowdoin was never offered any deals in exchange for his cooperation and is still subject to criminal charges.

Some ASD members question the government's motives and refuse to post a claim on funds they have lost. They fear potential legal implications if they disclose their involvement with the embattled company. Many still remain hopeful charges will be dropped against Bowdoin so ASD can get back in business. Cowden says it has been difficult for ASD's members to face the facts, "Every time there's one of these cases the victims and people are disappointed to find out it's a fraud."

Ad Surf Daily's president wraps up negotiations as eleventh hour approaches.

2009-08-25T19:28:00.000-07:00

The president of 'Ad Surf Daily' (ASD) hammered out last minute negotiations with his attorney today as they deliberated the fate of millions of dollars seized by the government. Attorney Charles A. Murray (below) represents Ad Surf Daily and its president Andy Bowdoin (left).

This afternoon, the two contemplated their next move as Friday's court deadline approaches. Bowdoin and his attorney are deciding whether to grant the government ownership of ASD's assets or if Bowdoin should continue fighting to keep the funds. Either way, Bowdoin maintains he will "give the money back to the people." US Department of Justice officials say it would be easier if Bowdoin released his claim on the funds and transferred them to the government because that way the government could distribute the money to ASD members accordingly.

If Bowdoin chooses to continue the case and fight, US District Judge Rosemary Collyer will review the file on Friday and determine if the US Attorney General's case against ASD should move forward.

Last year the US AG's Office determined Bowdoin’s internet marketing firm was a 'ponzi scheme' and the government seized $53M (fifty three million dollars) from several Bank of America accounts Bowdoin claims were designated to maintain ASD funds.
US Department of Justice Senior Trial Attorney William R. Cowden maintains ASD is a ponzi because it can only stay in business if new paying members join the company.

After federal investigators seized ASD's assets in August 2008, Cowden says Bowdoin met with federal officials, reviewed the evidence against him and agreed to release the company cash and assets to the Government. A few months later Cowden says ASD's president "changed his mind and now wants to keep the money."

This past January Bowdoin filed a waiver to reclaim the assets. Attorney Charles Murray says Bowdoin made the wrong decision to give up the money in the first place because he had received some bad legal advice from previous attorneys. Murray also blames federal investigators for the harsh manner in which they interrogated his client, "They scared the heck out of Andy Bowdoin, he signed the papers saying he waived the money and he felt he was sold out by his attorneys."

ASD is estimated to have upwards of 125,000 members and many purchased 'ad packs' from the company while attending ASD rallies.

Many ASD members still support Bowdoin and believe the company is a legitimate business. Cowden says it has been difficult for ASD's members to face the facts, "Every time there's one of these cases the victims and people are disappointed to find out it's a fraud."

The United States Department of Justice has posted an online form for ASD members who wish to recoup any money they lost while doing business with ASD. Members can fill out the form by going to the government's website:
'www.usdoj.gov/usao/dc/Victim_Witness_Assistance/adsurfdaily.html'
or contact the DOJ by emailing information to the Department at 'usadc.adsurfdaily@usdoj.gov'.

Is Ad Surf Daily really a ponzi scheme? CEO's experts say 'No'

2009-08-18T11:00:00.000-07:00

The attorney representing Ad Surf Daily (ASD), an internet marketing company, says he has credible experts who have testified the company is not a 'ponzi scheme'.

Attorney Charles A. Murray of Bonita Springs, Florida represents ASD and its president, Andy Bowdoin. "Andy does not believe he did anything wrong," Murray said on Monday.

Last year the US Attorney's Office raided ASD's corporate headquarters in Quincy, Florida and quickly determined Bowdoin’s business model was indeed a 'ponzi scheme'. The government then seized $53M (fifty three million dollars) from several Bank of America accounts Bowdoin claims were designated to maintain ASD funds. Murray says Bowdoin "just wants to make sure all of the members get their money back."

US Department of Justice Senior Trial Attorney William R. Cowden maintains ASD is a ponzi because it can only stay in business if new paying members join the company. Many ASD members say that model is no different than other internet marketing companies such as Google's AdSense.

Making money with both companies seems relatively easy. Google pays people to simply display company ads on their websites. Companies pay Google to find these website owners who are willing to post the ads on their sites. Companies are charged a fee each time someone 'clicks' on the ad.

Google collects the fee and then pays the website owners a fraction of the profit. Unlike ASD, Google's program does not charge a fee to the website owners who wish to participate.

Murray hired three expert witnesses to examine ASD's business model and they contend it does not meet the definition of a ponzi scheme. Those experts include Keith Laggos, an author of a textbook on the Direct Sales Industry; Gerald Nehra a former Director of the Legal Division for Amway Corporation and Jerome Osteryoung who is a Professor of entrepreneurship and finance at Florida State University.

Osteryoung maintains ASD's model is effective because it only pays members a profit when they view an advertisement for a minimum of fifteen seconds. ASD "is much more valuable than the click per view for so much internet advertising (e.g. Google) which charges for each click no matter how brief the visit."

In a civil complaint filed by William R. Cowden in US District Court on August 5, 2008 he states, "in a Ponzi scheme, there is in fact no underlying profitable business to support the payments promoters say they will make to the investors/participants. Instead, unbeknownst to many of the participants, the promoters use the money obtained from a growing base of later investors/participants to pay so-called "profits" to earlier investors. Schemes that depend on growing the base of new participants to support payments to prior participants are also commonly referred to as pyramids."

Osteryoung says ASD is not a 'pyramid' because "a business that provides a vehicle for firms to advertise their products will be able to exist regardless if it attracts new members, as it is providing a much needed marketing tool."

Murray hopes his experts' testimonies will be considered by U.S. District Judge Rosemary Collyer who is presiding over the case. August 28th is the deadline for Judge Collyer to determine if the US Attorney General's case against ASD should move forward. At this point Murray is negotiating with the government and could reach a settlement before the upcoming deadline.

Mike Mason
Investigative Reporter

A man and his mission to take down an internet marketing giant

2009-08-15T14:14:00.000-07:00

Ad Surf Daily and its CEO, Andy Bowdoin, are in the crosshairs of federal investigators who seized $53 Million from the company....money that belonged to thousands of investors who still feel the company is a legitimate business.

When Jack Arons retired from Hewlett Packard as a Master Technician he wanted to acquire a new hobby to keep himself busy. He wasn’t interested in assembling model airplanes or collecting baseball cards, instead he decided to become a consumer watchdog. Arons says it all began one day in July 2008 when his friend told him about a company that developed a great new way to make money.

Arons says his friend was eager to tell him how he and his mother had both invested $1,000 in ASD because they were told they could make a profit of up to $9,000 per month. The company was called Ad Surf Daily or ‘ASD’. Jack’s friend said ASD members make money by surfing the web and simply clicking on various sites.
The formula essentially works like this: ASD members are known as ‘advertisers’ who pay a membership fee to have their websites displayed to other viewers through ASD’s website. ASD pays these advertisers a "rebate" for viewing fellow advertisers' web pages and encourages advertisers to recruit new advertisers by paying existing ones a referral fee.

Arons decided to find out more about the company so he visited ASD’s website where he says he found promises that its members were basically guaranteed huge returns on their investments.

“You can’t offer 110% return on money and expect it to be legit,” says Arons.

Instead of buying into the ASD program, Arons began digging deeper into the company’s history. He researched ASD’s CEO Andy Bowdoin and uncovered a long list of complaints.

One was filed in Federal Court in Washington, D.C. On August 5th, 2008. US Department of Justice Senior Trial Attorney William R. Cowden filed a civil complaint against Bowdoin and two of his companies, 'Golden Panda' and 'Ad Surf Daily' claiming they were both ‘ponzi schemes‘.

The complaint also detailed past criminal charges filed against Bowdoin for security fraud. The following is an excerpt from the court file:

“Just prior to concocting ASD, Bowdoin was arrested in Alabama for one or more felony violations related to Fraud in Connection with the Offer and Sale of Securities by an Unregistered Agent. Bowdoin and several co-defendants were accused of having been promoters of a company called "Mobile International, Inc." The Alabama defendants said they had developed a mobile telephone system that was a cheaper alternative to the then-current cellular systems. That venture collapsed and Bowdoin and his co-defendants were charged with having sold unregistered securities to investors and with failing to state material facts to the investors that would have impacted the victims' decisions to invest.

In particular, Alabama officials asserted that Bowdoin instigated a scheme by which he took money from some victims to pay off prior investors. On October 6, 1997, in Montgomery County, Bowdoin resolved this criminal matter by agreeing to enter Pre-Trial Diversion with three years of supervised probation and pay restitution of $1 5,000. Bowdoin completed his Pre-Trial requirements and the charges were dismissed. Furthermore, on January 1 1, 1999, in Wilcox County, Bowdain plead guilty to one count of sale of unregistered securities and was sentenced to 1 year in prison, however the sentence was suspended and he was placed on 3 years supervised probation and ordered to pay restitution of $75,000.”

Arons says he contacted Florida Attorney General Bill McCollum’s office to see if they were also interested in investigating ASD and Bowdoin since the company was headquartered in Florida. Arons claims the AG never responded, “I made 2 phone calls and sent 2 emails and didn’t hear anything.”

Instead of waiting for answers, Arons decided to post his concerns on the website ‘scam.com’ where he warned people about doing business with ASD.

He says he also confronted Andy Bowdoin at his corporate offices in Quincy, Florida. While there, he says employees refused to let him inside the building so he began taking photos of the exterior. According to Arons, it didn’t take long for Bowdoin to go outside and confront him. Arons wasn’t afraid to tell the CEO what he thought “he wanted to know why I was on his case and I told him he was a crook.”

Arons claims Bowdoin was so upset that he personally went to the Attorney General’s office to lodge a complaint against him. According to Arons, that very action is what sparked the AG’s interest in the case, “the Attorney General finally called me in to their office to talk about ASD and I was there for 6 hours.”
The following is the email Arons sent to the Attorney General's office:

-------- Original Message --------
Subject: Re: Its in your hands
From: Selisa Beville (Selisa.Beville@myfloridalegal.com)
Date: Fri, August 01, 2008 2:38 pm
To: jackarons@bigbendcrimes.com

Hi Jack -

Thank you for the information provided to date. I look forward to meeting
you!

Selisa Beville, AIC, CFE
Financial Investigator
Economic Crimes Division
Office of the Attorney General
Tallahassee, FL 32399
850-414-3300

At that point the Florida Attorney General's office began its investigation. The AG quickly determined Bowdoin’s business model was indeed a 'ponzi scheme' and the US Attorney's Office soon seized $53M (fifty three million dollars) from several Bank of America accounts Bowdoin says were designated to maintain ASD funds.

In total the federal government seized $53M (fifty three million dollars) of assets from 'Ad Surf Daily' (ASD) and $14M from Golden Panda, another similar company they say was controlled by Bowdoin. In late July, 2009 the US Attorney General’s office completed its investigation and officials say they were able to convince Bowdoin to release Golden Panda’s assets to the government. US Department of Justice Senior Trial Attorney William R. Cowden maintains that Bowdoin voluntarily ‘walked away’ from his claim on the money after reviewing the Government’s evidence against him. Cowden asserts Bowdoin was never offered any deals and is still subject to criminal charges.

Cowden says the government will begin disbursement of the Golden Panda funds to members as soon as members are able to prove how much they actually lost. A website has been developed to help Golden Panda members to claim their funds, it is www.usdoj.gov/usao/dc/Victim_Witness_Assistance/adsurfdaily.html
or they can email information to the Department at usadc.adsurfdaily@usdoj.gov .

The feds say they will do the same for ASD members if and when they successfully obtain ownership of those funds.

Although ASD is still embroiled in legal issues, there are many supporters of the company. An estimated 125,000 members nationwide invested money in ASD and many are still hopeful the government will drop its case and allow business to continue.

Bruce Disner purchased $1,000 of advertising 'packs' during an ASD rally in Miami, Florida. His brother, Todd, bought $2,500 worth of ad space with the company. Disner says he began making money immediately, “our income was coming out to a 1% daily return based on the amount of AD Packs you have. $400.00 for me and $3800.00 daily for Todd.”
Unlike many ASD members, Todd Disner says he took some of his money out of his ASD account before the Feds seized it and was able to walk away with a hefty profit of $59,000. Disner says ASD readily paid its members and if Bowdoin was corrupt “he would have taken the money and ran.”

Susan Leiker lives in Denver, Colorado and also invested in ASD. She still doesn’t believe the company was doing anything illegal. “My interpretation of a ‘Ponzi’ is where new people paid the old members. There are hundreds of surfers on the internet today. Everyone gets paid, no matter when they join. The same was true for ASD. You buy your units, view ads, and get paid.”

Since the seizure of ASD’s assets, people like Leiker have been struggling to make ends meet, “Thousands of people are trying to make an honest living online. Many of which are disabled and can't work outside of the home, others are mothers or fathers who want to raise their kids and not let strangers raise them.”

At this point ASD members don’t know if or when they will get any of their money back. If the pending Federal case against ASD convinces Bowdoin to release ASD’s total assets of $53M (fifty three million dollars) the US Attorney General’s office promises to distribute them in the same manner as Giant Panda. The distribution process is expected to be lengthy and complicated, as members will have to provide clear documentation of how much money they spent. Those documents will then be reviewed by the government for authentication and approval.

As ASD members await the outcome of the US Attorney General’s investigation, Bowdoin remains silent. The deadline for the US Attorney General to produce evidence implicating ASD is August 28, 2009 and it will likely affect Bowdoin’s decision regarding what he will do with the assets.

It’s a decision that could trigger a devastating financial fallout for thousands of ASD members. Many like Susan Leiker lost their life savings when the Feds seized the company, “I am now fighting to save my home and I had to do a bankruptcy.”

Mike Mason – Investigative Reporter
Investigative Reporting Video Resume: http://bit.ly/Z512e
Blog: http://investigativereportermikemason.blogspot.com/

ASD members may only be getting half the story...is that fair?

2009-08-14T18:54:00.000-07:00

It's your money, your business and your right to know what's going on. Do you really want it to go to waste?

I am writing this note because I am concerned about a comment I received today from Steve Watt, a moderator of a website which focuses on ASD issues. He says information about my blog is apparently being eliminated from ASD forum discussions. This is what Steve wrote:

"I tried to get the Mods over on the surfs up forum to send an email blast out for this blog, but they didn't think it was a good idea and have banned me from the site...on the http://asd-biz.ning.com site they closed the discussion on Mike Mason. I do not know what their reasoning behind this was."

I don't know why someone would not want ASD members to know about my blog. I am investigating this case on my own dime and time as a service because I feel it is important.

Also, the moderators of the ASD members forum emailed me; their names are Barb and Kat. They were debating whether to send an email message to ASD members regarding my blog. They have access to 4,000 ASD members and can send an email 'blast' to all of them at the same time but they decided not to.

As ASD members I believe you have the right to know what is going on.

Here is something else to note, while I was searching for more ASD information on Google, I located an article about ASD and when I tried to click on it I was notified that I was 'banned' from the website's forum. The website belongs to the 'World Wide Scam Network' or WWSN. The site address is "wwsnforums.com"

At this time I don't know who maintains the WWSN website or what their motives would be for banning me.

My next report will likely be posted on Saturday. I will have some important developments including news from Andy Bowdoin's attorney, Charles Murray. He has agreed to update me on ASD's legal situation by Monday.

If ASD did nothing wrong then Bowdoin will likely need all the help he can get and ASD members need all their money so they can get back in business.

Thanks,

Mike Mason
Investigative Reporting Video Resume: http://bit.ly/Z512e
Blog: http://investigativereportermikemason.blogspot.com/

Update - Feds to release millions of dollars seized from owner of internet company, 'Ad Surf Daily'

2009-08-12T14:40:00.000-07:00

Federal prosecutors say they are now prepared to begin disbursement of more than $14M (fourteen million dollars) they have seized from an internet marketing company owned by Quincy, Florida businessman Andy Bowdoin.

The company, Golden Panda, offers members a way to make money by advertising online and pays them each time they click on another advertiser's website. The US Attorney General's office calls the business model a 'ponzi scheme' and that is why it has also seized $53M (fifty three million dollars) of assets from 'Ad Surf Daily' (ASD), another similar internet company also owned by Bowdoin. ASD is estimated to have approximately 125,000 members nationwide who have invested money in the company.

US Department of Justice Senior Trial Attorney William R. Cowden says the government will begin disbursement of the funds as soon as members are able to prove how much they actually lost. He states, "the government recently became owner of the Golden Panda funds, and it can now pursue cost effective mechanisms to remit funds to Golden Panda victims."

Cowden says he is also confident the Department of Justice will win its pending legal case against Bowdoin and ASD. When that happens he says the government will distribute those assets to ASD members accordingly.

Despite what the government has announced, there are hundreds of ASD members who still support the company. Iowa resident Julie Van Zee doesn't understand why the government seized ASD's assets in the first place, "I was just trying to make an honest living and they stole from many hard working people."
Van Zee heard about ASD from a friend who is also a member. Van Zee supports ASD and its CEO stating, "Andy Bowdoin and his wife are very honest people who may have made a few honest mistakes...and only wanted to help others grow their businesses."

Cowden doesn't see it that way. He wants to clear up any confusion about what is happening to the money seized from Bowdoin and ASD. Cowden says, "I see from one of the comments on your blog a recurring complaint that the government has been holding a person’s money for over a year now and should just give it back to the person. Unfortunately, this person’s money became Andy Bowdoin’s money when he or she voluntarily gave it to Bowdoin/ASD. The government is using the civil forfeiture cases to strip ownership away from Bowdoin and move it to the government. You might explain that the government can’t give money it doesn’t own back to anyone. Perfecting ownership is the point of pursuing court orders forfeiting ASD/Bowdoin & Golden Panda/Busby property to the government as the law permits."

Below is the July 27th press release describing the current legal status of Golden Panda and ASD. I will be posting new updates as they come in.

Channing D. Phillips
Acting United States Attorney
District of Columbia
Judiciary Center
555 Fourth St., N.W.
Washington, D.C. 20530
July 27, 2009 Update
Golden Panda Ad Builder

In two related civil forfeiture cases now pending in the United States District Court for the District of Columbia, the Department of Justice (through the United States Attorney's Office) has alleged that funds and assets either seized from several Internet-based businesses (“Ad Surf Daily,” “La Fuente Dinero” and “Golden Panda Ad Builder”) or traceable to those operations, constituted proceeds of one or more federal criminal offenses. Specifically, the government alleged that each of these three so-called auto-surf businesses, which had promised income opportunities to their paying members, were actually “Ponzi” schemes that used new members’ money to pay income to earlier members in violation of the federal wire fraud and securities fraud statutes. Under federal law, proceeds of wire and securities fraud offenses are forfeitable to the Unite States. On July 24, 2009, the United States District Court issued an order forfeiting $14,048,598.07 to the government. This amounted to most of the funds that the government seized from bank accounts maintained by operators of the Golden Panda Ad Builder operation. Thus, the government now has perfected its title to these former Golden Panda funds, and it is now able to begin the process of remitting forfeited property to victims of the Golden Panda fraud scheme. Individuals who sent money to Golden Panda Ad Builder, and who suffered a pecuniary loss, will need to file petitions for remission or mitigation of the forfeiture with the Department of Justice. Under Section 9.8(a)(1) and (2) of Title 28 of the Code of Federal Regulations, in a petition for remission or mitigation of forfeiture a non-owner victim must demonstrate that it suffered a pecuniary loss of a specific amount directly caused by the criminal offense(s) underlying the forfeiture, or a related offense, and that the loss is the direct result of the criminal acts. In the near future, the Department of Justice will endeavor to contact former Golden Panda members with information about how they may properly file petitions for remission or mitigation with the Department (in writing and under oath). The Department will publish information on this website and also will provide information by email to potential petitioners identified to it. At this time, the United States does not have access to funds or property seized from or related to the Ad Surf Daily and La Fuente Dinero operations. The government’s effort to perfect those forfeitures remains under challenge.

Here is a link to the Attorney General's civil complaint filed against ASD in August, 2008
http://myfloridalegal.com/webfiles.nsf/WF/KGRG-7H9MY7/$file/ASDComplaint.pdf

Feds seize internet firm's assets and investors say they've lost millions with little explanation

2009-08-10T19:46:00.000-07:00

The US and Florida Attorney General's office recently seized millions of dollars from investors of a marketing firm that sold ad space on the internet.

The Attorney General (AG) is investigating 'Ad Surf Daily', a Quincy, Florida based corporation founded by Thomas Bowdoin in 2006. Bowdoin stated the purpose of the corporation was to 'provide advertising space for websites on the internet' but the USAG says the company is nothing more than an elaborate ponzi scheme.

Ad Surf Daily (ASD) is designed to pay members dividends by surfing various business websites.The AG states the company "members were entitled to earn “credits” by viewing other members’ advertising websites. One credit was received for each viewing of another member’s website advertising."

The Florida AG says ASD is only able to pay members a profit when new members pay to join the company. In a complaint filed by Florida AG's special counsel Keith Vanden Dooren he states "Defendants have engaged in a sales or marketing plan or operation to induce and cause persons to pay consideration, or to make an investment, in excess of $100 and acquire an opportunity to receive a benefit or thing which is
not primarily contingent on the volume or quantity of goods, services or other property sold in bona fide sales to consumers and which is related to the inducement of additional persons to participate in the same sales or marketing plan or operation."

The company's members are said to total upwards of 100,000 and they've invested millions. They accuse the AG of holding their money hostage for nothing that they did wrong.

Marcia Breitenbach says she invested most of her savings in the company and is worried she has lost it all. "I'm trying to save my house, scraping by and others are much worse off than me."

Even though the AG accuses the internet firm of running a 'pyramid sales scheme', it has not yet provided evidence to support those charges. The second judicial circuit court in Leon County, Florida has given the Florida AG until next week to provide proof of wrongdoing.

Breitenbach is anxious for answers, "I've been patient and have contacted the Attorney General's office many times and have gotten nowhere."

Many ASD investors say they have no idea what's happening with their money and fear they could lose their life savings. The government has frozen assets totalling tens of millions of dollars but has not said how that money will be distributed.

The Florida AG has agreed to respond to my inquiries by tomorrow and as I investigative this further I will deliver a detailed account of how this happened and what the next steps will be. You can subscribe to my blog for updates as soon as they are posted.
Stay tuned.

Mike Mason - Investigative Reporter
305-527-3088
Mike@MikeMason.Biz
Investigative Reporting Video Resume: http://bit.ly/Z512e
Blog: http://investigativereportermikemason.blogspot.com/

Two important safety recalls on School Buses

2009-07-27T10:46:00.001-07:00

RECALL #1
___________________________________________________
Vehicle Make / Model: Model Year:
BLUE BIRD / ALL AMERICAN 2010
Manufacturer: BLUE BIRD BODY COMPANY Mfr's Report Date: JUL 22, 2009
NHTSA CAMPAIGN ID Number: 09V286000 NHTSA Action Number: N/A

Component: STRUCTURE:BODY
Potential Number of Units Affected: 35

Summary:
BLUE BIRD IS RECALLING 35 MODEL YEAR 2010 ALL AMERICAN SCHOOL BUSES MANUFACTURED FROM MAY 13 THROUGH JUNE 17, 2009. INSUFFICIENT RIVETS WERE INSTALLED IN THE REAR HEADLINER PANEL. THESE BUSES FAIL TO CONFORM WITH THE JOINT STRENGTH REQUIREMENTS OF FEDERAL MOTOR VEHICLE SAFETY STANDARD NO. 221, "SCHOOL BUS BODY JOINT STRENGTH."
Consequence:
BUS PASSENGERS MAY SUSTAIN INJURIES IN THE EVENT OF A VEHICLE CRASH.

Remedy:
BLUE BIRD WILL NOTIFY OWNERS AND REPAIR THE BUSES FREE OF CHARGE. THE SAFETY RECALL IS EXPECTED TO BEGIN ON OR ABOUT AUGUST 25, 2009. OWNERS MAY CONTACT BLUE BIRD AT 1-478-422-2242.

Notes:
BLUE BIRD'S RECALL CAMPAIGN NO. R09PL. OWNERS MAY ALSO CONTACT THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION'S VEHICLE SAFETY HOTLINE AT 1-888-327-4236 (TTY 1-800-424-9153), OR GO TO HTTP://WWW.SAFERCAR.GOV .

Follow link below for more info: http://www-odi.nhtsa.dot.gov/recalls/results.cfm?rcl_id=09V286&searchtype=quicksearch&summary=true&refurl=email

RECALL #2
_______________________________________________

Vehicle Make / Model: Model Year:

THOMAS BUILT BUSES / MVP-EF 2010

Manufacturer: DAIMLER TRUCKS NORTH AMERICA Mfr's Report Date: JUL 22, 2009
NHTSA CAMPAIGN ID Number: 09V287000 PE09023
NHTSA Action Number: PE09023

Component: STRUCTURE
Potential Number of Units Affected: 35

Summary:
DAIMLER TRUCKS IS RECALLING 35 MODEL YEAR 2010 MVP-EF AND HDX THOMAS BUILT TRANSIT BUSES MANUFACTURED FROM OCTOBER 22, 2008 THROUGH MARCH 25, 2009 THE EMERGENCY EXIT PUSH-OUT WINDOW MAY BE INSTALLED IMPROPERLY RESULTING IN BINDING OF THE WINDOW.

Consequence:
IN THE EVENT OF AN EMERGENCY EVACUATION, BINDING EMERGENCY EXIT WINDOWS MAY DELAY EVACUATION AND MAY INCREASE THE RISK OF PERSONAL INJURY TO THE VEHICLE OCCUPANTS.

Remedy:
DAIMLER TRUCKS WILL NOTIFY OWNERS AND REPAIR THE BUSES FREE OF CHARGE. REPAIRS WILL BE PERFORMED BY DAIMLER TRUCKS DEALERSHIPS. THE SAFETY RECALL IS EXPECTED TO BEGIN ON OR ABOUT SEPTEMBER 24, 2009. OWNERS MAY CONTACT DAIMLER TRUCKS TOLL-FREE AT 1-800-547-0712.
Notes:
DAIMLER TRUCKS RECALL CAMPAIGN NO. FL-555. OWNERS MAY ALSO CONTACT THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION'S VEHICLE SAFETY HOTLINE AT 1-888-327-4236 (TTY 1-800-424-9153), OR GO TO HTTP://WWW.SAFERCAR.GOV

Mike Mason
305-527-3088
Mike@MikeMason.Biz
www.MikeMason.Biz
Investigative Reporting Video Resume: http://bit.ly/Z512e
Blog: http://investigativereportermikemason.blogspot.com/

The investigation that earned me an Alfred I. duPont award.

2009-07-14T17:05:00.000-07:00

The following is a newspaper article published by the Saint Petersburg Times regarding my series of reports on a shoddy expressway project in Tampa. The series of reports earned me several awards including an Emmy, Associated Press, Society of Professional Journalists and the prestigious Alfred I. duPont Award.

To view a clip of the report and to watch a panel discussion about the investigation visit Columbia University's website: http://www.columbia.edu/cu/news/media/06/404_dupontAwardsWinnersCircle/

Lane Ranger
T.V. reporter leads charge in Crosstown crusade
By JAY CRIDLIN
Published October 8, 2004

--------------------------------------------------------------------------------

There are plenty of reasons to watch the nightly ABC newscast on WFTS-Ch. 28.

There's man-on-the-scene Don Germaise, who may still be sopping wet after chasing Charley, Frances, Ivan and Jeanne across the state. And there's anchor Wendy Ryan, whose "Dirty Dining" segments are a stone cold hoot. (Is there a guiltier - and more stomach-churning - pleasure than watching Ryan mercilessly rip into one of your favorite restaurants?)

But a lot of Brandon commuters may watch Channel 28 for investigative reporter Mike Mason's relentless coverage of the Lee Roy Selmon Crosstown Expressway fiasco.

He's certainly not the only media outlet to have covered the issues that have arisen during construction of the Crosstown's $350-million elevated bridge between Brandon and Tampa. Just about every television station, radio outlet and print news organization from Plant City to Pass-a-Grille has had something to say about the road's collapsed piers. Heck, even your trusty Lane Ranger has gotten in on the action.

But each of Mason's segments are lengthy, full of "uncovered documents" and ambitious source-digging, and usually given a prime-time slot near the top of the newscast.

He has been at the front of the pack on the story for more than a year, first reporting last September on construction flaws inside the concrete foundations supporting the elevated road's piers that could cause the road to become unstable. He has made bold claims - bolstered by engineering reports and field notes - that Crosstown officials knew in advance of a sinkhole near a pier that collapsed in April.

"I think that our station has clearly led the charge on this story," said Mason, who has done at least 12 Crosstown stories since July 12, around the time Expressway Authority officials confirmed another unstable second pier for the elevated bridge.

Last week, Crosstown officials announced that up to 31 of 35 analyzed support piers may have been built on unstable soil; when all is said and done, repairs could cost an additional $70-million. The elevated road was supposed to open in summer 2005, but all repairs have been suspended indefinitely.

Mason has clearly managed to get under the skin of those in charge of the project.

If you've watched any ABC newscast in the past two months, you've probably seen the shot of Mason cornering Tampa-Hillsborough Expressway Authority executive director Pat McCue outside his car, asking why his business cards read "Pat McCue, P.E.," even though McCue allowed his professional engineer's license to expire several years ago.

"That's not a true statement," McCue says flatly, without looking into the camera. "Excuse me." McCue later sent Mason an e-mail stating he'd never claimed to perform actual engineering functions for the Expressway Authority.

Mason says his relationship with Crosstown officials isn't as chilly as it appears onscreen. Still, he says, "I think you can see from the first story to the latest story that we have had a couple of issues."

So why has Mason, who lives in South Tampa, been so dogged in his coverage of the Crosstown?

"This particular story has resonated with viewers more than any story I've recently done," he says. "Everybody has to drive, obviously. A lot of people drive on the Crosstown, and they see what's being built, and it's affecting them on the roadway as well."

Mason, like most good newsfolk, is quick to tease his future reports.

"We have some exclusive reports coming up that everybody's going to want to pay attention to," he says. "We have some inside information that will be exposed in our coming stories."

As they say in the business: Stay tuned.

- The Lane Ranger is currently stuck in traffic. But he can be reached at cridlin@sptimes.com

Alfred I. duPont Award winning Investigative Television Reporter Mike Mason seeks full time position from Mike Mason on Vimeo.

Negative Press and the Real Estate Market

2009-07-12T15:39:00.000-07:00

I have heard it over and over again from fellow Realtors that the press is to blame for poor market conditions. That statement may seem a little far-fetched but it's not too far from the truth.

I worked in the Television News business for 9 years as an Investigative Reporter and I do believe the press in general tends to hype things up in order to grab attention. I also think some reporters are irresponsible when reporting on real estate market trends or the latest numbers - especially when home sales are down. They seem to focus on only the negative and don't always put things in perspective.

In the newsroom I saw first-hand how it worked - the reporter would get an assignment and the News Director or Producer would determine what to focus on - most often the negative aspects which are usually more sensational and frightening. Often times the only balanced side of the story was written in the 'tag line' which is at the very end of the TV report - it is usually a one or two liner which the anchor reads once the reporter is 'off camera'.

I read the papers with skepticism when I see negative articles about the real estate market and warnings to homebuyers about the risks of buying a home now. The next day it seems everyone takes the opinion they just read in the paper. Their views are formed by what they read. I just wish they also knew the other side of the story or at least more of the details.

The articles that do elaborate on the bigger picture only seem to be printed in the real estate trade magazines and the average 'Joe Public' doesn't read them. Bottom Line: The media has a great responsibility to report the truth in its entirety. In Television News reports are generally no longer than a minute and a half. That's why sound bytes are short and sweet and don't allow the 'boring details' to get in the way. Newspaper reporters are also given a limited amount space but that doesn't mean the important facts should be left on the cutting room floor.

Investigative Reporter Mike Mason
Mike@MikeMason.Biz

Crooked Investors - My Experience with a Dirty Deal in Miami

2009-07-12T15:21:00.000-07:00

Mortgage Fraud and Bad Realtors - My recent experience with a Dirty Deal in Miami

Last month I had a deal fall through which involved an Investor, a shady Realtor, a questionable Lender and an alleged Title Company the Investor worked with.

It began a couple of months ago when a Realtor called to say he was working with a Buyer (who was also an Investor) and they were sending an offer on my listing. I thought it was strange since they had not even gone inside the home - first red flag. I figured the home was priced so well that the Investor just wanted to grab the deal before it went under contract with someone else.

The Realtor sent me an escrow letter and seemed to be doing his due diligence - the Investor waived the inspection but did an appraisal - no problems....yet. A few weeks down the road I receieved no documentation and no calls from the Title Company. I suspected the Investor was trying to flip the home before the closing date - when I questioned the Realtor he swore that was not happening. Each time I contacted the Title Company no one was ever there. Every time I questioned the Realtor about his Investor-Client he had an excuse. The deal eventually went out of contract and we didn't close on time but I had no other offers so I hung in there...hoping it would work out.

Finally, several weeks went by and we gave the Buyer a deadline to produce a loan committment - otherwise the Seller wanted to make a claim on his deposit. I then received a call from the Title Agent saying the Lender suddenly went out of business and could not fund the loan. They sent me a letter from the Lender on company letterhead stating this but the letterhead had no address or phone number on it - there was no record of the company at all. I researched the Lender and the Title Company and could find no record of either one being a legitimate business with the Florida Division of Corporations: http://www.sunbiz.org/corpweb/inquiry/cormenu.html

I spoke with an Attorney about making a claim on the deposit and he told me it wasn't worth it. I later found out that the same Realtor and Investor Team had another deal going on with another Agent in my office and the same exact thing happened. Apparently the investor and broker are just placing offers on low priced homes hoping they can flip them before anyone catches on.

It's a shame that someone would take advantage of a desperate seller. Unfortunately, as long as the housing market remains on life support there will be vultures circling overhead.

Investigative Reporter Mike Mason
Mike@MikeMason.Biz

Housing Market and Journalistic Integrity both in Decline

2009-07-12T15:16:00.000-07:00

Housing Market and Journalistic Integrity both in Decline

"You can blame the media for the crappy real estate market." That's what a fellow Realtor told me the other day and, lately, I would have to agree. As a Realtor, I would love to see the newspapers print some good articles about the housing market, something with a positive spin. Instead, I saw first-hand how the Herald used information to spin a web of deceit.

Before I get into that I should tell you something about myself. Before becoming a Realtor, I worked as an Investigative Television Reporter. In 2004 I won Columbia University's ‘Alfred DuPont Award'. It is the television equivalent of the Pulitzer - which Columbia presents to print journalists. I've also won many other National Awards including Emmys, Edward R. Murrows, Investigative Reporters & Editors, Associated Press, etc. I'm not trying to brag, I only want to point out that I thoroughly understand how the news business works. I can write a ‘juicy' story but I also believe journalism must be factual, ethical and balanced.

That's why I was so disappointed to read the front page article in the Miami Herald on Sunday March 9th. The story was written by reporter Jenny Staletovich, whom I had helped with a previous real estate article. When she contacted me earlier this year to ask if I would help her compile this new story I said I would.

This particular article profiled South Floridians who were renting because they were too afraid to purchase a home in the current market. Jenny interviewed me on January 20th. I also provided her with two of the people profiled in the report including my current tenants; Kellie and Madsen Marcellus. The Marcellus' are both attorneys at the Miami-Dade public defenders office and, at the time, they were renting my home in Miami Shores. The story included the couple's photo and a caption stating "Kellie and Madsen Marcellus are too anxious about the risk of price declines to buy a home. The family continues to rent in Miami Shores."

Problem is, when the story ran the Marcellus' were already packing their bags to move into the new home they purchased in Pembroke Pines. If the reporter had called them for an update she should have known this...but why let facts get in the way of a good story?

The article also states "Owners who can't sell have become unintended landlords, desperate to bring in money to cover their mortgage payments."

In my case that's not true. I purchased my home as an investment. I decided to sell it last year and soon received two offers close to the asking price. I later decided to keep the home knowing the value would eventually increase. I rented it to the Marcellus' and I'm not one of those desperate and "unintended landlords".

I also gave Jenny some pros and cons of buying in this market. Some of the pros include: Prices and Mortgage Rates are the lowest in years and the recent tax amendment provides doubled Homestead Exemptions and a portability provision.

None of that information was included in the report, there wasn't even one positive statement from anyone.

The day after the report I e-mailed Jenny to ask what happened. She replied, "I'm sorry. You wouldn't believe how many versions that story went through. It was almost twice as long when I turned it in. You were in it, but it was totally impenetrable."

So Jenny basically said the information was cut out during the editing process. I don't think it's ethical for Journalists and Editors to manipulate content in order to support a negative slant.

Unhappy with Jenny's reply I immediately wrote a letter to the Editor voicing my concerns. A few days later, n March 14th , I was contacted by Nancy Ancrum, another reporter for the Herald. She said the paper would print my letter that week if I ‘trimmed' it down from 850 words to around 400. I did this and sent it right back to her. Several days passed and my letter never ran. I called Nancy several times and, on March 20th , Business Editor Lisa Gibbs contacted me. Lisa said they were also alarmed to find out the Marcellus' had purchased a home. Lisa said, "In our fact-checking process, Jenny did contact the couple right before the article ran to confirm all the details and they sadly declined to tell us of their news. They told Jenny later that they were afraid to jinx the transaction since they hadn't yet closed."

I then called the Marcellus' to ask whether this was true. They said Jenny did contact them prior to the report but it was well before they had closed on their home and they claimed Jenny only asked if they were still renting my home. They also stated they never told Jenny they were afraid to 'jinx' their chances of buying the home. Could these public defenders have lied to the reporter? I don't know. Maybe Jenny didn't press them hard enough for specific details. The bottom line is that the report contained false information and if it had been reported correctly, the entire focus and tone would have been different and less supportive of the banner headline.

Lisa Gibbs also responded to my concern that I was not one of those desperate and ‘unintended Landlords'. She writes, "that statement was certainly not meant to describe you, it was part of a section that set out to describe in general terms various characteristics of the current real estate landscape."

I told Lisa I knew this statement wasn't directed at me - how could it? I wasn't even included in the article. My point is that two of my clients were featured in the report focusing on homeowners and their tenants. I was the homeowner of the tenants profiled in the story. My particular situation obviously didn't support the angle of the report and wasn't included - just another example of how the Herald purposely omitted certain facts. I think the Herald spent more time refuting my letter than they did investigating their initial report. I know it's difficult for journalists to admit they're wrong.

When I was an Investigative Reporter in Tampa, I aired a report criticizing the City Attorney and Mayor. The next day the Attorney called my News Director to say we had gotten our facts wrong and he demanded a retraction. I reviewed my information and found a couple of my facts were indeed wrong even though the majority of the report was accurate. My report contained complicated financial and legal documents and I also rushed it to air without triple checking all of the details. My News Director made me do another report retracting the story and I had to be "on-camera" each time I corrected a mis-stated fact. I was so embarrassed but I learned something very important; one wrong fact compromises the integrity of the entire report.

Compiling a good report is like constructing a house. A reporter begins with facts to build a solid foundation. Reporters then shop around for the materials they need to support a certain angle or focus but their report should always contain an opposing viewpoint. This maintains a sense of balance and keeps the structure of the report from leaning too far to one side.

I don't watch local television news anymore but I do read the newspapers. I expect them to be unbiased and neutral. If the Miami Herald had simply printed my letter I would not have written this one. Maybe the Herald is more concerned with selling papers than getting it right, after all, scare tactics & sexy headlines sell. It's funny, the BBT is both a free newspaper and believes in a ‘free press'...what a concept!

In the newsbiz they say "If it bleeds it leads" and the housing market certainly needs a Band-Aid. What it doesn't need is another sucker punch from the local media. One negative report can impact consumer behavior. As long as sensational headlines sell many homes will not.

I'm sure the Marcellus' enjoyed being featured in the newspaper and they probably saved the article for their scrapbook. Maybe they had some extra copies and used them as packing material for the move....wouldn't that be ironic?

Investigative Reporter Mike Mason
305-527-3088
Mike@MikeMason.Biz

Craig's List Real Estate Scam could be used against you!

2009-07-12T14:36:00.000-07:00

Craig's List Real Estate Scam - your ad could be used against you

Not only am I an Investigative Reporter but I am also a licensed Realtor in the state of Florida. Last month I listed a beautiful rental home in Belle Meade which is in Miami's chic and trendy 'Upper East Side'. I posted the home on the multiple listing service (MLS) and also posted it on Craig's List. Belle Meade is one of the most upscale gated communities in the area and homes are not at all cheap. The home I listed had 3 beds, 2 baths and a separate living and family room, amazing landscaping, everything updated with high-end upgrades. Bottom line: it was very nice.

We were asking $2900 per month, which is reasonable for that home in that area. About a week later I was in a short meeting and when I came out I checked my voicemail to find a dozen messages from potential tenants who all seemed extremely interested in the home. Such a quick and overwhelming response is very unusual. I figured either the market had suddenly shot up faster than a dope-sick heroin addict or I was just very lucky. I returned the first call and spoke with a minister from out of state who was relocating his family to Miami. He said he had seen the home advertised on Craig's List.

The minister happily stated, "The home has everything I ever wanted; a great location, perfect condition, and of course the price! I just can't believe it's only $900 per month!"
I realized he was obviously mistaken so I quickly interrupted him, "I'm sorry sir but the price is not $900 it's $2900 per month."

"Not according to Craig's List" he stated adamantly.

I assured him the home was indeed $2900 and I then logged onto Craig's List. My original ad was there but there was also another one that looked exactly the same but the price was only $900 per month. The person who posted it obviously copy and pasted my description and photos and posted a similar ad. The fake ad stated that anyone who was interested had to contact Mike Mason by email. Whoever wrote this ad even made it look like tenants were dealing directly with me, the true listing agent. These scammers slyly designed an email address which contained my first initial and my last name;mmason***@yahoo.com however, my real email address is Mike@MikeMason.Biz .

The only reason the minister was able to contact me is because he also 'Googled' the address of the home and was linked directly to my website. All of the other prospective tenants who contacted me did the same - otherwise they would have dealt directly with the Nigerians.

I wonder how many others didn't think to Google the home's address and only spoke with the bogus broker. I later heard from some of those people and this is what they said:

The broker responded quickly by emailing them a rental application which looked like it could have been written by a 5 year old - complete with misspelled words and horrible grammar. After the tenants filled it out they were told to mail it to the broker along with a $900 retainer fee (which was the first month's rent). The broker said once he received the money he would mail the keys to the tenant. And guess where the tenant was told to mail the check? Nigeria. That should be a huge red flag! There are innumerable reports about scams originating in Nigeria...I guess this is one of their latest.

I would venture to say that most people would never fall for this but it seems there are some who do. People who are not 'computer savvy' may think that everything on Craig's List is legitimate. In fact, anyone can essentially post anything they want to since the site is so loosely monitored. I know that when renters and homebuyers see an amazing deal like this they get excited and emotional and just want to jump on it before someone else does.

I contacted NBC-6 here in Miami and they did a consumer report warning people about this scam. The real estate market doesn't need any more bad press - the market has already been beaten up enough. Hopefully people out there will remember the old saying "if it looks too good to be true it probably is."

Investigative Reporter Mike Mason
305-527-3088
Mike@MikeMason.Biz

2009-07-12T14:01:00.000-07:00

Top Investigative Reporter Mike Mason seeks full time position.
I have won the most prestigious awards in the industry including: Alfred I. duPont, National Edward R. Murrow, Emmy Awards, Investigative Reporters & Editors, SPJ's, AP's and many more.

I am now seeking a full-time position.
Contact Mike
305-527-3088
Mike@MikeMason.Biz