RE:SEAVIEW->"I'm quite surprised that this information is only coming to light now, since it is a well-known story. "
"It happened, and I did not run or hide from it. In fact, I tell the story often"
Posted by: Francois+Goelo
In reply to: None Date:1/3/2001 11:38:54 PM
Post #of 15016
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I'm quite surprised that this information is only coming to light now, since it is a well-known story. My personal attorney has advised me to make a precise, short statement, as this matter was settled with no finding of guilt, and should have been a civil case at worst.
I was involved with a small business which was sold. Pending media contracts were in question. While I was out of town, I received a phone message from a new detective in a small-town police department, who informed me there was a problem. I made an appointment with him, to discuss the matter and look into solving it. The complaining party had contacted other governmental authorities, all of whom advised it was a matter for civil remedy. Even the presiding judge in the case questioned why the matter ended up in his court.
Due to misinformation in a police report, the detective felt I might be leaving the country (I had talked with some friends about a fishing trip in Mexico). When I arrived back in town for my appointment with him, he had used this information to obtain a warrant for my arrest on a 3rd-degree state (not Federal) felony charge. The officer had been convinced I was going to "skip the country" over a disputed contract amount of less than $40,000.
My response to the entire affair was outrage. How could this happen? I was set on seeing justice done, and on clearing my name. Then, due to the dollar amount, the State upped the charge to a 2nd-degree felony. I decided not to fight, since the cost of the battle wouldn't have been worth the win.
A non-adjudicated settlement was agreed upon, and I was placed on probation. As I think back, I probably could have gotten the probation dropped then. I was told that once I had made restitution, it would be dropped. After paying restitution, I was then told I must remain on probation for 50% of the original term. I decided not to fight that ruling either, and the term expires next month.
None of my rights were lost, and under Florida law I could have the entire matter expunged (wiped from the record). My friends, family, and the legal community all felt this was a travesty, and an improper utilization of criminal law in a civil case.
It happened, and I did not run or hide from it. In fact, I tell the story often.
The other accusations have been addressed in detail and are blown out of proportion, just as the use of the word "felon" is misapplied. This was not a Federal charge. I lost none of my rights as a citizen--I've voted in every election and have a valid passport. It does not prevent me from being the CEO of a public company. The matter in no way dealt with securities--it was a contract dispute.
You will judge this as you see it. I hope neither you, one of your family, nor one of your friends ever has a similar experience.
I had planned originally for this letter to contain product and status updates. I will release that information in the future. |
