Pete Moore's Team
Team Players:
Pete’s Team and the way they spun it was that I robbed them, not once but twice. They claim that I robbed them the first time in early 2003, then a second time in December 2003. The facts will show you through testimony that in December 2003, I WAS THE ONE WHO WAS ROBBED. That’s right, my brother David Turner robbed me. Then Pete Moore and his team took advantage of my situation and stole my business from me. Think about this sensibly. When someone goes out of business, don’t they owe lots of people, don’t they file bankruptcy to protect their assets and isn’t their credit usually ruined because they have been late in paying all their bills? I was not going broke, I was not behind in paying anyone. But Pete’s Team spun my situation to look like all of a sudden, Mark is behind in paying people. WRONG! You will see through testimony of my supposed opponents. AFC testifies that my company ran “excellent” before December 2003. MAFS testifies I was one of their “best customers” and that I never had a problem. You will also see testimony from Prosecutor Russ Edgar where I had a tremendous income from Pete Moore. There were many business vendors that could have testified to my reputation and strong financial position but they were never called to trial. Pete’s team even had the Florida Department of Revenue questioned in a way that spun my sales tax as being behind. Anyone that pays sales tax knows November’s tax is due by December 20th. But my attorneys didn’t understand that. The story was spun but now I have the chance to tell the “whole truth” not the partial truth that was shared in the trial. I have a chance to let you see with your own eyes and at your own pace. Here is WHY my brother robbed me: Here is WHY Pete Moore robbed me: I will show you all the documents that prove my story…without the spin.
PROOF OF MY STORY
Here is the 1099 sent to me and claimed on my tax return. I paid all the taxes for my company and my brother didn’t.
Note Line 5 of my 2000 Corporate tax return.
My brother’s claim that he owned Auto Gallery of Pensacola and his charges against me and my wife were all dropped in court. My brother being the owner of my company was the one thing Pete’s Team was counting on. They wanted to prove that I didn’t own my own company. That way, I would not win the civil suit I filed against them for theft of my business. But Hello? I was selling Pete Moore half of my auto internet business. You can’t sell a dealer’s license. This had nothing to do with me selling a car lot. Pete didn’t need a car lot, he had 3 of his own. I want to back you up to 2001 so that you can understand how the players were involved. Business was great until 9-11-2001, which nearly broke me. Airline travel ceased and no one wanted to buy a car on line and fly to pick up the car. I took a second job with World Ford to supplement my income while continuing to develop my internet business. Then business picked back up again after people starting flying again. Gross sales were $5 to $6 Million a year. By May 2002, my friend Joe Zolnoski comes to work with me and by September of 2002 he wants to buy part of the business. His wife Lisa inherited $62 Million and they want to buy into the business. Joe purchased a book on business appraisals and he read it to me as we traveled together. We evaluated it ourselves to be worth $5 Million. My wife and I sell him and his wife half of my business for $2.5 Million. They transfer a piece of property as part of the purchase agreement the 4 of us wrote together.
I meet with my best friend of over 20-years, Rick Hamilton who had lent me money numerous times over a 20-year period. He was a good sounding board and I currently had an open line of credit with him. A line of credit is a loan that you can run up and down. I paid him 1% per month, 12% annually. This was 3 times the amount he could collect on his money at the bank. I informed Rick that I was tired of the appraisals, accountants and all the jerking around that I was getting from the Zolnoskis. I was considering remortgaging one of my properties to pay everyone off and put the additional money in my business. Rick asked me how much I needed to get everything square and I told him $280,000 would remove any company debt. Rick told me that his boss Pete Moore was interested in my business. Before I did anything, he wanted to talk to Pete about buying into my company. At this time, the Zolnoski rescission agreement had not been completed. I told Rick that if he and Pete wanted in, I would let them in for a lot less than the $2.5 Million Zolnoski price because they had everything I needed. My real focus was not on the featured inventory page that paid about $900 for every car that we sold. Even if we didn’t sell them, it paid about $200 per car. Yes, it was profitable. The Zolnoskis didn’t know anyone in the car business whereas Pete Moore had two brothers in the business with direct ties to General Motors. These three Moore men alone owned between 5,000 - 10,000 cars. That was my focus. I had a $1 A Day Plan I was working on. If Lee Iococca had come to me interested, I would have GIVEN him half of my business for free because his car connections were far greater than the Moore brothers. I figured a fair price for Pete Moore was $500,000 for half my business. Rick tells Pete that my deal with the Zolnoskis was going to be rescinded and that I was planning to remortgage my property if I didn’t find an investor to help me with my $1 A Day Program. See my link for my old website on my Home Page CarCityDirect. Rule of Thumb: a dealer will spend an average of $300 in advertising per car. Some cars are retailed the first day and some are never retailed. They are considered old age, 90-120 Days, depending on how hard they are to find. I started playing with the internet in 1996 and by 1998 I was selling a substantial amount of cars on the internet. You will be able to read more on this in my book later on line. Pete requests a Business Proposal and states he doesn’t want to do anything on paper until the Zolnoski deal is unwound. January 2003 I give Rick the Business Proposal and he takes it to Pete. This is a portion of the Business Proposal which shows me explaining my debts and assets as Pete requested. Please note where I am requesting the $285,818.01.
Pete okay’d the deal. But in Pete’s testimony he claims there was “no business proposal” that he was “never interested” in my business. He claims this under oath in the attempt to send me to DEBTOR’S PRISON. So if your lawyer saw this Business Proposal, don’t you think he would have mentioned it? See David Turner’s Civil Deposition 2004 below.
This proved there is a Business Proposal and that everyone had a copy of it. I sold off the cars to get the money to rescind the Levin-Zolnoski deal just like Rick instructed. But the paperwork between the lawyers rescinding the Levin-Zolnoski sale was dragging out. I needed the titles to my cars from PMC. I could not approach Pete because he told me he didn’t want to get involved until the Levin-Zolnoski deal was unwound. He said, “I don’t want any paperwork done until they’re out”. So from January to March, with Pete’s permission, I was selling cars from the Slush Fund and holding onto the money until the Zolnoski deal was unwound. This took longer than I anticipated. I was still paying everybody and the business was running smoothly. By March 13th 2003, the Levin-Zolnoski deal is rescinded. See Below:
I contacted Rick to let him know the Levin-Zolnoski deal was done and we began the merger 2 days later. Saturday, March 15, 2003, Pete came out to see how my business worked. Pete said “The way we will work this is Rick will give you the $60,000 worth of titles he’s holding for you and I will make up the difference”. I assumed Pete watched his money closer than he did. When he said he would “make up the difference” I had assumed he knew that I had been paying the note down and needed less money than I had originally requested in the Business Proposal given to him months earlier. IMPORTANT: Pete was still thinking I needed $280,000. The difference Pete was thinking of on March 15th was considering what he thought I owed Rick ($60,000). What he didn’t realize is that I no longer needed $220,000 from Pete. Now scroll back up and reread the section from the Business Proposal carefully. It says “that you and Rick already have invested”. Who would put in writing the amount of money that Pete already had invested from the Slush Fund if they didn’t already have permission. If this were a THEFT, then Pete and Rick could have taken the Business Proposal to the State Attorney’s Office. They didn’t. If I was broke, I would have filed bankruptcy like everyone else does. The proof in this statement is from Pete’s criminal deposition Page 21 line 25. Pete: “No, no, that was a separate period. The selling of the internet conversation came before he owed me any money…”. Now look at Pete’s civil deposition Page 37 line 22: Chase: “And when did you first find out that he (Mark) owed a sum of money”? Pete is admitting that we had conversations “months” before I ever owed him any money. He already knew about the money I was going to need once I rescinded the Zolnoski sale. This whole time throughout the trial, Pete’s team is claiming that they “discovered” I owed Pete Moore and that they called Guttman to draw up a note and mortgage to give me a chance to pay them back. THAT IS WRONG! Go back and reread the above statement from Pete. I had a 20+year business relationship with Rick and PMC. We were doing business as usual. I met with Rick to discuss the Zolnoski rescission and my options of getting capital. Rick is the one who said Pete was interested in my business but that I needed to get the Zolnoskis out of the picture. Rick brought Pete and I together in this merger. Pete admits this in his civil and criminal depositions. The truth about this circle of blame is that I told Rick about the Zolnoski Rescission and Rick told Pete about the Zolnoski Rescission as well as the amount of money I was going to need if Pete was interested in merging with me. Pete told Rick “If we help Mark, it will be me and you helping Mark together”. This conversation did not happen in front of me but I knew the amount of the mortgage was more than I owed both men put together. However Pete changes the rules of the game whenever he wants. The proof in this statement is in Evidence under the Paid For Inventory (PFI) file. Rick gave me all the titles he was holding. The titles listed below are a partial list of those I received from Pete’s SLUSH FUND:
The car above was not a title Rick was holding for my line of credit with him. This was just a car from the Slush Fund that I wanted to buy because it was just too cheap. They tried to claim in court that I was going broke and “owed” Pete money. This shows I was not broke and had the money to buy cars whenever I wanted. I had other lines of credit.
The following cars were also applied to my PMC Line of Credit but not in my PFI file because the State provided a partial copy of my Checkbook and a partial Paid For Inventory File.
All this pertains to the SLUSH FUND and the stealing of my business. These cars had already been written off PMC taxes and had to be disposed of prior to April 15, 2003. Remember according to Roxanne’s court testimony, “these cars were already disposed of by December 31, 2002”. Not True. I continued to pay both men separately for each line of credit. Each month Rick would come by and get cash or checks. See Rick’s civil deposition Page 12 line 7 and check # 7416 dated 10-14-03 for $1200, # 7568 dated 11-11-03 for $500, # 7642 dated 11-21-03 for $1600 in Evidence That Should Have Been Shown. These checks represent the interest I paid Rick and the difference was made up in cash. The simple fact is that I was paying both men separately. At the time, Pete was selling less than 1% of their cars listed on the internet. I was selling 100% of my cars listed on the internet as well as every car that every dealer brought to me to sell. My business was growing at 300% annually. I knew Pete would be impressed and this was the time of year that we were “fattening the slush fund” as Rick would put it. Read more on my Link “Slush Fund”. In Roxanne’s deposition, you will read on Page 11 line 1 that I purchased a substantial amount of cars in December 2002; when in fact, these cars were just added to my line of credit with Pete Moore Chevrolet. Yes, I had a line of credit with Pete Moore Chevrolet as well as a separate line of credit with Rick Hamilton. The 3 major players, Rick, Pete and Roxanne, deny this until later. It was not your typical line of credit. Here is how it worked: I could have as many cars off PM’s lot as I wanted. That’s right, as many as I wanted. I have had over 100 cars at a time fronted to me without a penny invested. On this line of credit, you couldn’t go in there and say, “I need $1,000 in cash”. It was strictly for disposing of their cars. In the 20 year relationship I had with them, trust was not an issue. If I needed any money, I just asked Rick for it. I had never asked Pete for a dime up until this point. Rick controlled everything and still does. I borrowed against my line of credit with Rick anytime I was short on paying off cars for anyone, not just Pete Moore. My ability made Rick look great because he never had a problem disposing of over aged inventory as long as I was involved. Pete thinks his business couldn’t run without Rick. Read Pete’s first Civil Deposition dated December 7, 2005 where he admits Rick makes all the decisions. He claims he knows nothing about wholesalers, wholesale prices, who has his cars and who doesn’t. They have an inspection every month to account for every unsold car. He also claims on Page 5 line 9 that Roxanne told him I was “short on paying for cars”. But in Roxanne’s criminal deposition she claims on Page 11 line 19 that “Mr. Moore and Mr. Hamilton” told her I would start making payments on the cars I owed them for. They never told her I was short on paying them because I wasn’t’ short on paying them. She was not the one who reported to Pete but rather Pete and Rick reported to her. Their statements go full circle for blame in all their testimonies. Roxanne claimed every car was to be paid for within 30 days of purchase. Then in Rick’s civil deposition he claims on page 74 line 14 that “Roxanne told me Mark was short on money”. Roxanne does not admit to this. She claims it was Rick and Pete that told her but when she gets to trial, she changes her story and claims that she “discovered” it in March after the accountants left. This is not true. Note: No on just walks in and buys $280,000 worth of cars at one time. Pete and Rick told me to sell off as many cars as I needed out of the Slush Fund to get to the $280,000. I hadn’t quite reached that point when I delivered the Business Proposal. This was a process that spanned from January to March 2003. That is why the Business Proposal reads: “combined total of $215,505 already invested”. You’re supposed to only have no more than 60 days before you have to inform the DMV of any problems in getting the titles. IMPORTANT: THE CLOCK for the 60 days STARTS TICKING WHEN THE 1ST TEMPORARY TAG IS WRITTEN because this is when the buyer has officially purchased the car. I believed that Pete knew I had control of hundreds of thousands of his money through the years. When Pete agreed to the merger, he thought he had already taken care of any financial problems I had. He did not realize that he had “okay’d the deal” months prior but I was still waiting to consummate it with receiving the titles to the $220,000 worth of cars that he had agreed to in January. I was unable to wait any longer for my titles so I started paying off the note that had not even been prepared yet. As of March the 4th 2003 I was paying off the $220,000 that Pete had promised me. But remember, Pete didn’t want to “fight with those Levins”. It was not Pete’s fault that I didn’t have the titles. The ball was in my court because the Levin-Zolnoski deal took so long to rescind. Pete worked quickly because after the rescission, he was on my doorstep within 2-days. Guttmann claims that Pete contacted him to “hurry up and get this done” referring to the Mortgages that would secure Pete’s interest. When in fact, Pete had already known about the deal. See his deposition:
Now compare Pete’s statement to Guttmann’s Testimony, Pg 322, line 9
Guttmann is trying to act like the meeting was called in an “urgent” manner over me not paying for cars”. This is a LIE. Even Pete admits that he knew about the deal months before the meeting with Guttmann. Guttmann continues to claim that the focus of the meeting was to “secure Mark’s debt” and not about the Merger but here, once again, the testimony from David Turner prior to him joining Pete’s team, he was the Defendant against Pete. The focus of the meeting WAS THE MERGER. Now read Rick’s testimony Pg 346 that I was not broke: Furthermore, David also states that the Business Proposal was written before the meeting with Pete, Rick, Guttmann him and myself at PMC. This is proof that the primary reason for the meeting with Guttmann was to discuss the Merger. It was not about me not paying them. I never stopped paying them.
Pete okay’d the deal and later we met in Pete’s office with his attorney Guttman, Rick and my brother. This meeting was in April 2003, and was all about RESTRUCTURING AND MERGING. Guttmann throughout my trial claims I was broke and not paying Pete. You just read the evidence from Pete and Rick that I was not broke and I was paying everyone. Someone that is broke doesn’t pay anyone. Here is what the meeting at PMC was really about: We all talked about the Business Proposal that Pete had on his desk. Pete tells Guttmann to draw up a note based on the Business Proposal. Guttmann starts bullying me and I don’t understand why. He threatens to put my family in the street if I don’t pay Pete. Pete stops Guttmann and says “What are you talking about? Just write up the note”. Guttmann starts in again with his threats about no one is gonna buy cars on the internet and he wants me to know that I better be able to pay this note off. This time Rick stops Guttmann and tells him, “Mark pays, he always pays and you don’t even know what you’re talking about Guttmann”. Is Guttmann confused here? His comments caught me so off guard, I did shed a tear. I felt humiliated. I never in over 20 years had any problems paying these guys. I was still paying them that very day. I felt better when Pete took up for me and told Guttmann, “I have been out to his place and people are really buying cars over the internet. Just go make the note.” Later I really thought about this and I guess attorneys are trained to flex their muscles in front of their clients. I really was putting everything I had at stake and $200,000 was not any money to Pete. The following is proof that I couldn’t wait for Guttmann to draw up the note. I was convinced that he was confused and that he would be taking a while. I knew I had other places I could get the money and if I leaned on Rick hard enough, he would write me a check. This is a partial list of checks provided to me by the State. It shows you that from March 4th to April 4th I was paying Pete just as I always had. On April 4th, Guttmann does show up with the Note he prepared but he did not take into consideration that I had already paid down the note before he even drew it up. 3-4-03 1998 Chev Malibu #120435 $2500 I have the cancelled checks showing where I paid Pete Moore Chevrolet for all these cars totaling $74,150. Remember, these cars above were part of PMC’s Slush Fund List that Pete agreed to give me a note on. That is where they keep coming up with the $220,000 figure that no one wants to admit where it originated. DO THE MATH: $146,000 + $74150 FROM ABOVE = $220,150. Pete, being in a hurry to get me what I needed, gave Roxanne and Guttmann the list. But this was 30 days after the fact and I had already given them checks for $74150 of the $220,150. Comptroller Roxanne Sawyer Criminal Deposition 11-8-07 Page 11 line 6 Beroset: Who told you that? IMPORTANT: IF I WAS GOING OUT OF BUSINESS OR BROKE LIKE PETE’S TEAM NOW CLAIMS I WAS, WHY WASN’T THERE ANY VENDORS OR OTHER DEALERS COMPLAINING ABOUT ME NOT PAYING THEM. AS A MATTER OF FACT, RUSS SPOKE WITH OTHER DEALERS AND THEY SAID THEY HAD NO PROBLEM. MY TEAM, THE BEROSETS, FAILED TO CALL ANY CAR DEALERS TO MY TRIAL. SEE PEOPLE INVOLVED ON THE HOME PAGE. Days later, after the meeting, and after I had my titles, Pete says he wants me to move to his Mitsubishi building. Rick tells Pete that I pedal some of their junk and a customer was a whole lot less likely to sue me than Pete Moore. I also noted that I would not be getting cars from other dealerships if I was located on PMC site. My plan was to promote my $1 A Day Program and I wanted to post billboards on the beltline and in car city for CarCityDirect.Com. If you have not read any of the rest of my website, understand that I personally know over 1,000 car people and some of them own over 1,000 cars. At $1 A Day, that is $1 Million dollars PER DAY. THAT WAS MY GOAL AND PETE AND I LOST THIS. Pete agreed and asked me to just move closer to him and that he would pay the rent. Chase: “Did you ever ask Mark Turner to move his Cantonment operations
The Truth is Pete wanted 1st place in internet car sales and the only way to get there was thru me. We had a deal, regardless of what his legal team claims. Here is another perspective for you. This letter from Thompson shows the relationship that I had with Pete Moore Chevrolet. Straight from DMV records. This is part of a letter from Inspector Thompson to Ruth Umberger, Manager of Bureau of Field Operations for DMV. Mr. Thompson did all this work after we were already closed on December 8th 2003. What for? Every customer got their car and there were no open customer complaints prior to closing.
Here is the response from Mrs. Umberger to Inspector Thompson
Mrs. Umberger is the Operations and Management Consultant Manager and reminds Thompson/Bolden that “record inspections are to educate and not to penalize a licensee”. Now more importantly, see the response letter to Bruce Thompson’s superior, Michelle Bolden and note that she is from the Division of Driver Licenses. Thompson was from the Dept. of Driver Licenses and newly transferred to DMV due to Governor Bush’s cut backs on Florida overhead. Thompson was out on a training mission with DMV inspector, Elizabeth Anthony. According to Inspector Anthony’s testimony, Thompson was fired for sexual harassment. I can’t say this man wasn’t thorough, he had intent to do more than his job as you can see. How did I get him so mad at me? When the AGOP was closed on December 8 2003, I posted a notice to direct customers to Florida DMV Inspector Bruce Thompson so he could do his job. He ordered me to remove his contact information at the DMV. This was his job and I wanted him to do it.
David robs me on December 8 and Rick consummates the deal by the take over of my business. My business never stopped. Everyone was made at David in the beginning for upsetting the apple cart. Pete tells Mike to sue David. Rick sends David a1099 which means Rick claims a write off for the $60,000 on his income tax return. This was because David stole the cars off the lot. This also means, I no longer owed Rick because he got to write off the loss. Pete was not mad at me, although he thinks he just got my business without paying me. He will be saving $40,000 a month in online fees. Rick said he didn’t need all my employees because he had all he needed at his fingertips. Below are inserts from Roxanne’s criminal deposition:
Guttmann guesses at my balance and rounds up the figures. He assumed that since the note had me paying $3000 a month and he hadn’t heard anything to the contrary, then I must owe a balance of $205,000. He swore to this figure under oath. On the contrary, I was paying $9000 a month and my balance was $58,000. No one asked Roxanne about the balance before they sued David civilly. My debt to PMC should have been for around $58,000 if they hadn’t taken over my business. However, my deal with PMC after my brother David robbed me was to be as follows: Take the 2002 Appraisal of $2.25 Million and subtract any losses incurred from the theft from my brother. OR, I keep half my business and the $500,000 that Pete and I discussed earlier that year is used to subtract losses from so that all my debts would be paid. I would in turn have a job running the internet division at his dealership. I would be paid like Rick was paid and get my half of the profits generated from internet sales. Pete returned my phone call and said “I have no more use for you, no job, no anything”. I asked “what about my business”? He replied “Let the lawyers work it out”. He had taken full advantage of my predicament. Because of Pete’s action against my brother, BBandT Bank sues me for the note I gave Pete. Although David paid for title insurance on the mortgage, the insurance company for the closing attorney would have to pay any losses. I was tired of dealing with attorneys. In 2004, Hurricane Ivan took out my waterfront home. I sold the lot and went to settle up with Rick to get a pay off amount from Pete. Nearly 2-years later, Pete is still using my business and will not give me a figure to pay off any debt he thinks I may owe. This is preposterous. How could I move forward in any way regarding his takeover of my business if he was determined to claim I owed him money. I had to file a civil suit against him and he knew that if I paid him off the money he thought I owed there would be nothing between him and me. So what does he do then? He tells Guttmann to do whatever it takes to make Mark go away. Guttmann has a meeting with David Turner and his attorney Mark Bednar and they are supposed to be discussing Pete’s civil suit filed against David Turner but instead, according to David’s testimony, they spend half the time talking about the civil suit I filed against Pete. Here is the Conspiracy:
It is a compilation of allegations which were proven to be false in my criminal trial. Who made the allegations to the Sheriff’s Department? None other than Pete Moore’s Legal Team. That’s right, David Turner, the man Pete Moore is suing, is about to become a victim along with the Zolnoskis. I rescinded the agreement with the Zolnoskis and it stated that all parties were restored and had no complaints. The State Attorney’s Office amended my charges over 20 times. They arrested my wife then dropped the charges after it cost me over $50,000. They claim they were referring her to other agencies. This is all past the point of unbelievable. THE SMOKING GUN
Please note Beroset’s discussion with the judge regarding The Smoking Gun taken from Trial Transcripts, Volume 10, Page 1947 Line 10: Beroset: “What I was going to say is basically what you have here is a defense attorney trying to use the criminal justice system against a client when Pete Moore never reported it. He never reported it.” The Court: “Yeah. I know. So this defense attorney ought to be the one that should be subject to whatever sanctions appropriate.” Pete’s Team spun their story to make it look like I just took their cars and didn’t pay them so out of the kindness of their heart, they gave me a $3000 a month loan and an additional Million Dollars worth of cars. If you can believe that, then believe this: Rick’s testimony from Vol. 10 Page 1983
According to my appraisal done in 2002, my company would be worth $12 Million by 2006. According to Florida Law, Pete owes me 3 times my company’s worth. That is $36 Million. There has been an attempt on my life December 2007. The Case number is 07-012258. I fully expect other further retaliation, if not my murder. I am crying out for Justice. |
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