Civil Case 2004
In April of 2003, I gave Pete a mortgage on my properties for $220,000. This amount was to cover debt my company had. Pete agreed to join me in my Internet business. I had been doing business with Pete Moore for over 20 years.
The amount was actually more than I owed. My agreement was for him to give me a line of credit for $500,000. This would entitle him to half my business. Using his business, which had the entire inventory I would need to get started with. In my Business Proposal, I informed him that I was willing to restructure it any way he wanted to but these were me needs.
He decided to structure it as follows: I was to make monthly installments for $3000. This was documented in black and white. We moved forward as planned. Things were profitable.
I was bringing in $40,000 a month from Pete Moore Automotive alone and paying down my debts by as much as $9,000 a month. December of 2003, my brother David Turner attempts to rob my company. Pete Moore General manager, Rick Hamilton, steps in and continues to follow through with the merger. They move my equipment, software programming and employees to Pete Moore Automotive.
They resume the delivery of the vehicles my company sold and complete the title-work by signing off as AGOP Inc employees. They pay off AGOP debt at the auto auction and AFC floor-plan. I attempt to resolve the dispute with my brother.
In the meantime, Pete decides he does not have to follow through with our Business Agreement. He tells me he has no use for me but continues to use my equipment, software programs, employees, website and server. I attained a civil attorney James Chase and proceedings were filed in Florida civil court in 2004 against Peter Richard Moore, Pete Moore Chevrolet and Richard Hamilton for theft of my business.
The information you are about to see will show how Pete stole my business, blocked my CIVIL SUIT and eventually through the use of his money and powerful connections was able to have me criminally charged, tried and found guilty. My 1st Amendment right has been violated in an attempt to stop my civil suit. They were successful in blocking my evidence and witness testimony which resulted in a conviction by a jury, not of my peers. I expect to be arrested again because of this website and my attempt to expose the corruption. This website will supply you with all the evidence and more...
This is a breakdown of the actual math and dollar amounts that I paid Pete Moore.
Do the Math
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On the 1st set of cars that I owed Pete for. |
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| Everyone agreed I owed: | $146,000 |
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| Mike and Pete mortgaged my property for: | $220,000 |
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| Payoff for the 1st set of cars | $146,000 |
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| was paid toward the 1st set of cars | - $90,000 |
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Correct Balance Due on 1st Set of cars if Pete did not take my business. |
$56,000.00 |
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I had attempted to settle with Pete 3 times and each time I approached, he told me to “Let the lawyers work it out”. I informed him that I was selling my waterfront property and I needed to know what he felt I owed him so that his lien could be released. He called his attorney Mike Guttman who then told the closing agent that I owed $205,000 to Pete Moore. The check for the full amount of $205,000 is made directly to Pete Moore. This is the amount that Guttman and Pete agreed that I owed in FULL. Guttman tells my attorney Jim Chase that I am paid in full. Now there is no one between Pete and I. I can now go forward with my civil suit against Pete for the theft of my business.
Now….Take the |
$205,000.00 |
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$56,000.00 |
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$149,000.00 Credit Due to Mark Turner |
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Initially I was overcharged $149,000. But if you read the closing argument Prosecutor Russ claims I “stole over 50 cars and over $500,000”. Even after most of the charges were dropped, Russ is still claiming I’m guilty of them. I don’t get it. You just saw the Math for yourself.. On page 864 of Appeal Book 5, you can see the calculator tape presented at my Restitution Hearing.
This tape shows the amount I was actually charged with.. Everything you hear in the closing arguments has NO MERIT because no one ever did the MATH! I have requested the transcripts from the court reporter to include the arguments regarding the major math error made evident by the calculator tape. WHY, wasn’t the argument included in the transcripts sent to my Appeal Attorney?
ANSWER: No one ever wants to admit when they're wrong especially when their neglect could result in a lawsuit. My Appeal Attorney has now ordered the transcripts for the Restitution Hearing for herself. You will be able to see that I was not charged for the crimes they say I committed. Does this make sense? They convicted me of theft of over $100,000 but they did the math after the trial and realized their grave error. Pete got the check for $205,000 on a $45,300 charge.
It is important for you to understand that the calculator tape shown in Appeal Book 5, Page 864 was entered after my trial and conviction. It was as if no one could hear me. I sent email after email and had multiple conversations with my defense team begging them to DO THE MATH. They refused to do the math until I was convicted, imprisoned and released on an appeal bond. I insisted on going to my Restitution Hearing, which I had to demand my defense team accompany me. This Hearing was held on June 17, 2008. Defense Exhibit #1 is the Calculator Tape showing the combined amounts owed to the 2 alleged victims Pete and AFC. I provided links at the bottom of this page proving I settled with AFC civilly and have been trying to get Pete to civil court since 2004. The Math shows Pete has been overpaid. You can also read in the trial transcripts where Pete's attorney Mike Guttman claims he rounded up what I owed Pete and Rick. $146,000 plus the $63,000 owed to Rick equals $209,000. Guttman claims he rolled Rick's loan into Pete's but after I paid Pete in full, Rick testified that he never knew about the $205,000 check.
The following amounts are taken from the calculator tape:
The amounts represent cars that AGOP sold and Prosecutor Russ Edgar charged me criminally with.
$14,000 |
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$6,200 |
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$4,350 |
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$13,150 |
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$4,350 |
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$3,250 |
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| $45,300 Supposedly owed to Pete | ||
AFC Cars
Now for the AFC Charge….These numbers represent cars that AGOP sold and Prosecutor Russ Edgar charged me criminally after it was settled civilly.
$149,000 The Overpaid Balance from the 1st set of cars.
Now for the AFC Charges….
$ 14,532.23 |
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$11,776.50 |
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$12,035.00 |
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| $38,343.73 | ||
This is the amount Russ claims I stole from AFC. My attorney Barry Beroset had the documents that proved I did not owe AFC ANY money.
Why was important exculpatory evidence not allowed? Because Russ Edgar purposely blocked the testimony of Jim Chase which would have CLEARED me of any money laundering or theft charges in any way.
See for yourself….Letter from Chase to Beroset.
Jim Chase to Barry Beroset:
“If they (AFC) acknowledge that Mark did not owe them any money then how can Russ Edgar claim that Mark stole money from them?”
I handled this civilly, but Russ extorted me with it. He had to have 2 charged crimes to get a racketeering charge. He used AFC to get the second charge. Prosecutors load you with charges in an attempt to force confession of guilt. He did it to me once and he thought he could do it to me again. This is the man we hired to protect us from the type of person he has become. Read more about Russ….
On the 2nd set of cars they claimed I owed Pete…
THERE’S NOT A 2ND SET OF CARS I OWE TO PETE. HE TOOK MY BUSINESS IN LIEU OF PAYMENT. IN ADDITION, I NEVER GOT CREDIT FOR THE $149,000.00 THAT I OVERPAID ON THE 1ST SET OF CARS.
My business was appraised for $2,225,000 in 2002. In 2006, its projected growth would have been over $12 Million. I agreed with Rick Hamilton to subtract anything my brother stole. Rick agreed I would get compensated for the difference when the takeover was complete. As you can see throughout my website, Special State Prosecutor Russ Edgar’s story about me doing a “Bust-Out” does not hold water! Look at the Evidence.
1) David Turner said he went to BOP to demand the money. According to his deposition, Annette Cruz advised him to put the money into another account at BOP. I believe David’s statement because it’s exactly the same advice she gave me when I came in after David. Annette opened another AGOP account and transferred funds so that outstanding checks could clear. Russ charges me with Money Laundering.
2) The outstanding checks were cleared by transferring money back into the original account, which Annette Cruz handled one at a time. These checks totaled over $50,000 and were written to AFC 3 days before David robbed my company. Annette documented on the face of the checks "Per Mark" to show she was following my instruction.
3) Each of the bank's employees testified that I could have taken all the money anytime I wanted. I chose to make sure everyone got paid and every customer got their car.
4) Russ claimed David Turner fired me. If I didn’t own the company, why would I go to my credit union to personally pay the company employees in cash? Proof is in “Evidence that should have been shown”.
5) Russ claimed I was going to run off and start over. With the relationship I had with Pete and Rick, does that make any sense? See State’s Evidence where I made over $40,000 on the cars they accused me of stealing. This was every month.
6) Russ claimed I was going to run off but my new corporation’s documented address was the same address that AGOP was presently operating from. This was my attempt at restructuring my business as advised by my appraiser Marvin Beasley and Pete.
7) If you read Beasley’s Letters during the appraisal of AGOP, you will see his advice for me to restructure the business. My brother knew this so if he were going to rob me, he would have to do it before restructuring was complete. I already had a New Dealer bond and the paperwork for a dealer's license. You will read statements by Pete's attorneys continuously claim that I couldn't get a license. The truth is, I have had a dealer's license since these proceedings started and could have had on anytime between the years 2000'-2008'. But, you won't hear that being stated until after the trial, during my sentencing.
IMPORTANT: NO ONE COULD HEAR THIS EITHER...THEY JUST REFUSED TO HEAR ME UNTIL THE TRIAL WAS OVER...MY RIGHTS HAD BEEN RESTORED. THIS WAS NOT A "BUST OUT". I WAS REBUILDING MY LIFE.
8) My business proposal to Pete Moore will show you that I told Pete I was willing to restructure the business any way he liked. He knew what I wanted and what my future plans for the business were. I thought Pete would be more experienced and would not set me up.
9) Have you ever known anyone who fraudulently sold “HALF” of something? Don’t most people committing fraud, sell it all and take the money and run? If Pete weren’t so GREEDY, by this time, I would have every dealer owned car in the country on my website at $1 a Day. And Pete Moore would have owned half of that operation. Just look at my old website...CarCityDirect.com on my Home Page.
10) My brother stated in his deposition that he never knew AGOP Inc existed. But, he claims this after he signed documents revealing it was incorporated. He claims his son-in-law Anthony Ramsey was the "master mind" that invented everything. But Anthony’s deposition states I was doing my business long before he ever came to work for me. My brother also stated Anthony was his “ear piece”. But Anthony’s 1099 came from AGOP Inc. David states my secretary Linda Willis will back up his story. But, my wife Nancy, Linda Willis and I were all W-2 employees at AGOP Inc.
11) The MOST IMPORTANT: SLAPP!
Pete Moore, Mike Guttman, Greg Smith, Larry Matthews, and the rest of the attorneys mentioned on the page “What They Stole From Mark” will have some real explaining to do because Russ Edgar’s story does not hold water. These men used their authority to silence me.