Bob Hurt

2460 Persian Drive #70

Clearwater, FL 33763
727-669-5511
bob at bob hurt dot com

12 March 2011

Sarasota County Florida Sheriff Tom Knight

12th Circuit Assistant State Attorney David Bouviane

Sarasota, Florida

Re: Joel McNair Public Documents 10-80501, 10-81051, 10-85060, and 10-85788;
Press Release http://www.sarasotasheriff.org/press_detail.asp?r=10-182
Press Release http://www.sarasotasheriff.org/press_detail.asp?r=10-198

Dear Sheriff and Prosecutor:

In reading through the arrest documents for Joel McNair that charged him with Grand Theft (FS
817.034(3)D) and Scheme to Defraud (812.014(2)A(1)), some questions arose that I hope you will
answer for me. I need the information to finish a story on McNair and his troubles with respect to the
people of Florida. I refer centrally to Probable Cause Affidavit 2010 CF015634NC., SSO Case # 10-
85060 investigated by Detective C. Dusseau, and to other documents identified in the Re: area at the
heading of this letter..

Main Incidents
This letter deals mainly with with five incidents:
1. 2010-11-17 – SSO deputies interview McNair in their office
2. 2010-11-26 – James K Nalefski (941 922 1610) signs Trespass Warning for realty owned by
Nicholas J Nalefski ; SSO Deputy Jason Mruzek interviews occupants Michael J Karel (941 822 3571)
and Alohnia M. Magnuson (941 623 7472) at their home 4409 Eleuthera Ct, Sarasota, advising them
McNair's Save Our Homes had no right to let them live there. David Kilpatrick (941 822 3474)
witnessed.
3. 2010-12-01 – Sgt Pingel assigns Detective Dusseau who starts investigation
4. 2010-12-02 – Detective Dusseau writes Probable Cause Affidavit; unknown judge or magistrate
issues warrant (signature illegible), no name printed on form.
5. 2010-12-17 – Pasco County Sheriff arrests McNair; Galley & Sears transport McNair to SSO.

Facts Known Before the Arrest

Before addressing the content of the affidavit, I shall recite facts which the detective knew before
making the arrest:

1. Florida's adverse possession law 95.12-95.18 provides government acknowledgment of the right
of the people to possess abandoned realty adversely (without the rightful owner's permission), and
notoriously (in open view of everyone) so long as taxes, homeowner dues, and special liens get paid,
McNair Arrest and Related Probable Cause Affidavit Page 1
and that the adverse possessor has a full year to file notice of adverse possession. Thus, even without
notice, adverse possession becomes a civil matter for the courts, not a criminal matter for the Sheriff or
other law enforcers, to decide.
2. People who abandon realty commonly leave “property” better known as “junk” lying around
inside and outside the dwelling. An adverse possessor must remove and dispose of any such junk in
order to make the realty inhabitable. Thus it does not constitute a crime to remove such junk.
3. Joel McNair admitted in his interview with Sheriff's deputies that he operated a membership
enterprise for which members paid a membership fee, monthly dues, maintenance, and taxes, and
received a previously abandoned house in some phase of foreclosure. He had numerous members, and
so he kept records of significant interactions with them. All members knew McNair had taken the
realty under adverse possession and they did not pay rent for inhabiting it.
4. McNair had such adverse possession interests in the community that he posed no flight risk
5. The identity of the rightful owner in a foreclosure becomes uncertain because of through clouds
on the title by the forecloser.
6. The rightful owner had abandoned the property.

Regarding the Affidavit

Page 2, Narrative Paragraph 2

This and other references in the document mention receiving information from the occupants of the
dwelling 4406 Eleuthera Ct. However, the detective fails to identify them by name. Why? I consider
this data crucial to an affidavit of probable cause because without it an independent investigator cannot
corroborate the allegations of the affidavit. This paragraph leads one to the conclusion that the rightful
owner Nicholas Nalefski had abandoned the realty, and that someone had taken adverse possession of it
and moved the occupants into it, but the investigator failed to say this. The failure could lead an
unwary judge to the wrong conclusion that the occupants trespassed and that the adverse possessor
committed a crime of fraud or grand theft. Had the investigator properly indicated the ABANDONED
and rightfully ADVERSELY POSSESSED nature of the realty, the judge probably would not have
signed the arrest warrant.

Page 2. Narrative Paragraph 3

This reference shows WHY the rightful owner abandoned the realty, that the mortgagor had initiated
foreclosure proceedings against which the rightful owner did had intended no defense. The
investigator knew that the foreclosure brings rightful ownership into serious legal dispute. The
investigator learned that the county property appraiser showed Nicholas Nalefski as the realty's owner.
If the house had belonged to the son, what right did the father have to complain of trespass? And how
could occupancy by Karel and Magnuson pose a threat or right deprivation to Nicholas who had
abandoned the realty to foreclosure?

Page 2. Narrative Paragraph 4

This reference states at its end:

McNair Arrest and Related Probable Cause Affidavit Page 2

The SSO apparently ignored Florida's adverse possession law 95.12-95.18, particularly the reality that
adverse possession (AP) without color of title happens adversely, that is without the permission of the
rightful owner and with the tacit approval of the Legislature. In other words, the AP law shows the
Legislature's intent to allow people to take AP of abandoned realty, which the Legislature obviously
therefore cannot consider trespass. How does this square with the trespass warning? Furthermore, in
this instance the father who reported the trespass does not operate as agent of the son and if he had no
titular interest or rights in the realty, then he had no authority to execute a trespass warning. By
engineering or accepting such a warning, the SSO could wrongfully uproot the occupants and thereby
disrupt their lives traumatically. America and the UK have the common law heritage of AP for the
purpose of putting property to its highest and best use. An abandoned house HURTS the community,
while an occupied house betters the community. Furthermore, uprooting a peaceful family from a
previously abandoned home will appear to them and the community as an act of unwarranted, jealousy-
based terrorism.
I would like to have an explanation of the legal and moral justification for the trespass warning in view
of the above reality. What must an AP or occupant do to stave off such a disruption as a trespass
ejectment? The law must give them fair notice of the law. By following AP statutes to the letter, they
should, it seems, have the protection of Article I Section 23 of the Florida Constitution:
SECTION 23. Right of privacy.—Every natural person has the right to be let alone and free from
governmental intrusion into the person’s private life except as otherwise provided herein. This section
shall not be construed to limit the public’s right of access to public records and meetings as provided
by law.
By what provision in the Florida Constitution does the SSO have the authority to issue a trespass
warning or to eject the AP or AP's occupant of the previously abandoned realty?

Page 2. Narrative Paragraph 5

All of the occupant's sworn allegations raise serious questions about the integrity of the investigation.
The SSO had defendant McNair on its radar because of this and other reports. The SSO could have
asked McNair to provide records of interaction with the occupant to ascertain the accuracy of the
occupant's sworn statement. The affidavit shows no such effort, but only a blind acceptance of
potentially untruthful comments (such as that they had signed a rental agreement which McNair had
already explained in the interview that he did not do because of his membership technique) by
frightened, startled occupants who felt themselves suddenly in danger of ejectment. It appears that
Deputy Mruczek practiced law by telling the occupants in effect that they had no right to live there.
Does the deputy have a license to do that? The end of the paragraph reveals both membership and
rental fees which have mutual exclusivity. Either the occupant functioned as a member or a renter, but

not both, and the investigator knew this.

Page 3. Narrative Paragraph 1

– the statement that defendant McNair's or his representative had removed “property.” Did the property

McNair Arrest and Related Probable Cause Affidavit Page 3

consist of junk left behind by the previous occupant or by a vandal? Who removed it, McNair or his
representative? If the representative removed it of his own accord, how did that make McNair subject
to arrest?
This reference claims someone had paid the taxes, but made no assertion as to the relevance of this to
the SSO. The reference claims defendant McNair had not filed a DR-452. Some question exists as to
the lawful authority of the Property Appraiser to supply such a form. In any case, the reference fails to
inform the reader that the law provides a year after adverse possession in which to submit the
completed form to the Property Appraiser. The text reads:

The prior documents show clearly that Nicholas Nalefski had abandoned the property. The alleged
property removed probably consisted of junk, not anything of value, and in any case, the affidavit does
not address the nature of the alleged property or identify it with specificity so that someone of common
sense can determine its nature.
Most importantly, Detective Dusseau declares confidently that the defendant did not adhere to FSS
95.18, but does not detail in what respect, or whether failure to adhere to it constitutes a crime.
Apparently, since the statute gives a year to file the DR-452 form and the occupants had only recently
occupied the realty, defendant McNair had not at all failed to adhere to the requirements of the law.
Thus it appears that Detective Dusseau filed a false statement in this affidavit UNDER OATH with the
intention of justifying an arrest of defendant McNair. That and presenting it to a judge or magistrate in
support of an arrest warrant constitutes perjury under chapter 837 of Florida Statutes.
837.02 Perjury in official proceedings. —

(1) Except as provided in subsection (2), whoever makes a false statement, which he or she does not
believe to be true, under oath in an official proceeding in regard to any material matter, commits a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) Whoever makes a false statement, which he or she does not believe to be true, under oath in an
official proceeding that relates to the prosecution of a capital felony, commits a felony of the second
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Knowledge of the materiality of the statement is not an element of the crime of perjury under
subsection (1) or subsection (2), and the defendant’s mistaken belief that the statement was not
material is not a defense.

837.05 False reports to law enforcement authorities. —

(1) Except as provided in subsection (2), whoever knowingly gives false information to any law
enforcement officer concerning the alleged commission of any crime, commits a misdemeanor of the
first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) Whoever knowingly gives false information to a law enforcement officer concerning the alleged
commission of a capital felony, commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.

837.055 False information to law enforcement during investigation. —

McNair Arrest and Related Probable Cause Affidavit Page 4

 Whoever knowingly and willfully gives false information to a law enforcement officer who is
conducting a missing person investigation or a felony criminal investigation with the intent to mislead
the officer or impede the investigation commits a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.

837.06 False official statements. —

Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in
the performance of his or her official duty shall be guilty of a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.

In any case, the use of the Adverse Possession statutes to exercise possessory dominion over realty
does not constitute fraud or grand theft, and the existence of the statutes clearly ameliorates trespass
laws. This affidavit indicates that the father of the rightful owner, not the rightful owner, filed the
trespass complaint, and I have not found a law showing that as a valid justification for arrest.

Page 3. Narrative Paragraph 2

On what legal basis does Detective Dusseau conclude that the AP statute does not apply? And how
does the failure to adhere to those statutes lead one to conclude that Grand Theft and Scheme to
Defraud statutes apply?

Page 3. Narrative Paragraph 3

The facts Dusseau cited do not lead any rational person to conclude that McNair engaged in fraud. He
told SSO in their interview with him that he operated an adverse possession enterprise as a
membership. Dusseau presented not a single fact that indicated anything to the contrary. The
Occupants Dusseau interviewed divulged no fact even remotely suggesting fraud. Dusseau saw no
evidence of fraud, no lies on any documents that seemed intended to mislead the occupants or the
rightful owner. Thus, this constitutes a false charge against McNair for a crime he did not commit.

Page 3. Narrative Paragraph 4

Obviously McNair did take adverse possession of the subject realty which the rightful owner had
clearly abandoned, in spite of his false assertion to the contrary. The rightful owner left junk in the
house, and otherwise had removed all furniture and moved to another location as a consequence of
foreclosure in which he knew he would lose the realty to the Plaintiff. Thus McNair did not violate AP
McNair Arrest and Related Probable Cause Affidavit Page 5
laws, and he took possession with the clear, confessed intent of adverse possession consistent with the
intent of the Florida Legislature in F.S. 95.12-18. Therefore, it could not possibly constitute theft of
any kind, much less grand theft. Thus, this constitutes a false charge against McNair for a crime he did
not commit.

The Arrest Warrant

As to the 2 December 2010 warrant, just LOOK at the alleged signature.

It resembles an art scribble, logo, or chicken-scratching. It reveals no name at all. A criminal

defendant has the right to resist any unlawful arrest, including one based on falsehoods in a sworn
affidavit or a warrant with an illegible signature and no typed or printed name of the issuing judicial
officer.
SSO operatives, particularly deputies with weapons, know or should know that they put themselves in
harm's way by presenting a warrant to a criminal defendant who could or should resist it cause with
lethal force because of awareness that anybody could fabricate an arrest warrant with an illegible
chicken-scratching for a signature identifying a issuing judicial officer. Anyone familiar with the
Serpico story knows that law enforcers throughout America have reputations for malfeasance,
including making politically motivated arrests.
In other words, absence of a legible judicial officer's name or signature makes the warrant look like a
trumped-up forgery.

The Trespass Warning

The affidavit and other documents show the trespass warning as bogus. Deputy Murczek wrote in the
report that James Nalefski, not Nicholas Nalefski, prepared the warning. Deputy Colwell signed the
warning at the bottom, presumably as a witness. However the warning bears the name of Nicholas, and
an illegible scrawl for a signature, indicating Nicholas signed it. This makes the warning a fraud in
which Deputy Colwell participated.

The Boiler Plate Charges

I noticed that the subject probable cause affidavits all contain the same boiler plate language, and that
none of the hard facts alleged could possibly lead a reasonable person to conclude the McNair had
either filed to adhere to the Adverse Possession law, or committed any crime, including Breaking and
Entering, Grand Theft, or Scheme to Defraud. Moreover, the boiler plate nature of the charging
language seems obviously concocted by an unnamed party, possibly Captain Bell, and spoonfed to the
affiants in order to trump up the charges, deceive the magistrate or judge who signed the warrants, and
commit a false arrest out of a political motivation. It further indicates that the complaining abandoner
homeowners AND the affiants lack a clear understanding of the ancient tradition and law regarding

McNair Arrest and Related Probable Cause Affidavit Page 6

Adverse Possession. I want to give county officials the benefit of the doubt, but I simply cannot. I
know that they have legal counsel in the State Attorney Office to apprise them of the history, tradition,
meaning, value, and purpose of AP laws and simply chose to ignore it while concocting bogus criminal
charges against McNair, to the detriment of EVERYONE concerned. The effort wastes taxpayer
money on a sheriff office and state attorney office scam

Summary and Conclusion

The affidavit presents no fact or evidence that justifies a charge of fraud or grand theft, and no penalty
other than ejectment through court action attains to errors in adverse possession. By approaching
occupants and telling them they have no right to live in the house, the SSO violated the occupants'
FCON Article I section 23 privacy right; by arresting defendant McNair they likewise violated HIS
same privacy right.
This appears to me as a civil matter, not a criminal matter. SSO operatives should have referred the
rightful owner to an attorney who might file a quiet tile action against defendant McNair. The SSO and
20th Judicial Circuit State Attorney Moreland should become more familiar with Adverse Possession
laws and their ramifications in questions of trespass.
What legal advice in this matter did the SSO seek and rely upon to make the determination that
defendant McNair had violated the Grand Theft and fraud statutes through adverse possession of and
removal of discarded junk from Nalefski's abandoned home?
Who pressured Detective Dusseau to make the foregoing false statement that McNair had not adhered
to the Adverse Possession statutes, and that he had committed grand theft and scheme to defraud
crimes? The occupants did not complain of such crimes, and neither did the rightful owner(s).
This whole thing looks like a politically motivated attack on people who engage in the completely
lawful, legislatively contemplated and authorized practice of Adverse Possession. Thus, it shows the
intention of the State Attorney and SSO to deprive feckless families of the opportunity to live in an
abandoned home in a decent community. In a time of foreclosure crisis caused by government
(including Florida's rocket docket courts) and the financial industry, the SSO should back off and let
adverse possession put people into abandoned homes. It time civil law will work it all out. The SSO
has no business jailing innocent adventurers into this unusual but ancient area of law.

McNair Arrest and Related Probable Cause Affidavit Page 7

 http://www.sarasotasheriff.org/press_detail.asp?r=10‐198

12/15/2010 Released by : Wendy Rose Press Release#: 10-198

McNair Arrested on Outstanding Warrants

The Sarasota County Sheriff’s Office Fugitive Apprehension Unit, working with the US
Marshal’s Regional Fugitive Task Force, has arrested Joel McNair, DOB 12/25/50, on two
outstanding warrants for Scheme to Defraud and Grand Theft.

McNair, who has been out on bond since his original arrest in two similar cases in
November, was apprehended today in the 2000 block of Brinson Road in Lutz and has
been booked into the Pasco County Jail.

Citing a centuries-old Florida Statute called adverse possession McNair finds vacant
homes, some of which are in foreclosure, and leases them to unsuspecting victims despite
having no legal right to these properties.

Additional charges are expected to be filed by other law enforcement agencies that have
similar cases against McNair within their jurisdictions.

(Click to expand)
   
 http://www.sarasotasheriff.org/press_detail.asp?r=10‐182

Date: 11/19/2010 Released by : Wendy Rose Press Release#: 10-182

Man Tied to Housing Scheme Arrested for Grand Theft

The Sarasota County Sheriff’s Office has arrested Joel McNair, DOB 10/25/50, 7350 South
Tamiami Trail #98, Sarasota, and charged him with Scheme to Defraud and Grand Theft.

Investigators say McNair is running a business called Homes for Americans that finds
houses in foreclosure and leases them to unsuspecting victims. These victims pay a
membership fee to his company and pay monies to McNair to lease property that he does
not own.

McNair claims he is following a centuries-old Florida Statute called adverse possession, a

concept that allowed people to lay claim to abandoned land if they cared for the property
and paid the taxes.

“There are a number of ways people try to manipulate the system and this legal doctrine
has clearly been misused in this case,” said Captain Jeff Bell. “The suspect has no right to
these homes, no right to change the locks, and no right to lease them to anyone.”

The investigation into McNair’s activities is continuing in Sarasota County and the Tampa
Bay area. Anyone with information should contact Criminal Investigations, 941.861.4900.

(Click to expand) 
 Sarasota County Sheriff's Office
Sarasota County, Florida ORIGINAL
INCIDENT 201000080501

REPORT INFORMATION
Case Number 201000080501 DatelTime Reported 11/07/2010 15:20
Offense Type NON·CRIME Swab DNA? NO
OFFENSE
Offense 1/Statute 13P SUSPICIOUS PERSON Attempt:
Offense 21Statute Attempt:
Offense 3/Statute Attempt:

EVENT DATA
DatelTime Occurred From: 11/07/201015:00 DatelTime To: 11/07/2010 15:20
IncidenUOffense Location
5209 SUMMERWOOD CT. SARASOTA
(Street# Dir Street Name SI.Type Apt# City)

Related Case Number 10·78093 Grid 167 Zone 010 Forced Entry A NOT APPLICABLE
Location Type 01 RESIDENCE/SINGLE
Weapons Type 00 N/A Nbr Premises 00 Nbr Offenses 00
Nbr Offenders 00 Nbr Arr Total 00 Nbr Arrest Adult 00 Nbr Arrest Juvenile 00

PERSON Type C3 COMPLAINANT ADULT Number

8 Viclim card given

Confidential
Type
Type
Number
Number
Name SCHILLER,UVONNE F
(Last Name,First Name,Middle In~ial)

Race WWHITE Sex F FEMALE DOB 12104/1969 Estimated Age o

Age 40 AADULT
Height 506 Weight 145 Hair BRO BROWN Eyes XXX UNKNOWN EYE COLOR
Offense/Incident Indicator 11ST OFFENSE Exlentlnjury o NONE
Injury Type #1 00 N/A Injury Type #2 00 N/A
Home Address
5440 NEW COVINGTON DR SARASOTA FL 34231
(Street# Dir Street Name SI.Type Apt# c~ State Zip)

Residence Type 2 COUNTY Residence Status 1 FULL YEAR

Home/Cell Phone 2287617 Business Phone
Employer/School UNK
Employer's Address
SARASOTA FL
(Street# Dir Street Name Sl. Type Unit# C~ State Zip)

Occupation ScarslMarkslTattoos/Clothing
Foul Play AN/A Missing Previously A N/A Recovery Info 0 N/A
Victim/Offender Relationship 00 N/A DVR N NO
Alias Place of Birth

Officer/ID: DICAPUA MICHELLE #2265 Case# 201000080501 Date 1118/2010 PAGE#!

 I ORIGINAL I Sarasota County Sheriffs Office
Sarasota County, Florida

PERSON Type 03 OTHER ADULT Number 1

DViclim card given Type Number
D Confidential Type Number
Name MCLEOD,DARRIN R
(Last Name,First Name,Middle InRial)

Race W WHITE Sex M MALE DOB 05/21/1973 Estimated Age D Age 37 A ADULT
Height 504 Weight 190 Hair BRO BROWN Eyes BLU BLUE
Offense/lncident Indicator 11ST OFFENSE Extent Injury 0 NONE
Injury Type #1 00 N/A Injury Type #2 00 N/A
Home Address
5209 SUMMERWOOD CT. SARASOTA FL 34231
(Street# Dir street Name StType ApI# City State Zip)
Residence Type 2 COUNTY Residence Status 1 FULL YEAR
Home/Cell Phone Business Phone
EmployerlSchool UNK
Employer's Address
SARASOTA FL
(Streal# Dir Street Name Sl. Type Unil# city State Zip)
Occupation ScarslMarkslTattoos/Clothing
Foul Play A N/A Missing Previously A N/A Recovery Info 0 N/A
ViclirnlOffender Relationship 00 N/A DVR N NO
Alias DUSTY Place of Birth UNK

ADMINISTRATIVEI Crime Scene Approved By: GIASONE JOSEPH A #0879

Photos Taken By Whom? Dusted For Latent Prints
Prints Submitted By Whom? BOLO Requested By
BOLO Given to Cancelled Cancelled By?
Enclosures:
Copies To:
Clearance Code Exception Code

Officer/lD: DICAPUA MICHELLE #2265 Case# 201000080501 Date 1118/2010 PAGE #2

*1 .
,
ORIGINAL 1.
Sarasota County Sheriffs Office
Sarasota County, Florida
Supplemental Person Report
PERSON Type 03 OTHER ADULT Number 2

8 Victim card given

Confidential
Type
Type
Number
Number
Name BASTIAN,CHANTELLE M
(Last Name,Flrst Name,Middle Inftial)

Race W WHITE Sex F FEMALE DOB 09/06/1977 Estimated Age Age 33 A ADULT D
Height 505 Weight 115 Hair BLN BLONDE Eyes XXX UNKNOWN EYE COLOR
Offense/Incident Indicator 11ST OFFENSE Extent Injury 0 NONE
Injury Type #1 00 N/A Injury Type #2 00 N/A
Home Address
5209 SUMMERWOOD CT. SARASOTA FL 34231
(Street# Dir Street Name StType Apt# City State Zip)
Residence Type 2 COUNTY Residence Status 1 FULL YEAR
Home/Cell Phone Business Phone
Employer/School UNK
Employer's Address
SARASOTA FL
(Street# Dir Street Name StType Unit# City State Zip)
Occupation ScarslMarkslTattoosiClothing
Foul Play A N/A Missing Previously A N/A Recovery Info 0 N/A
Victim/Offender Relationship 00 N/A DVR N NO
Alias Place of Birth

PERSON Type 03 OTHER ADULT Number 3

8 Victim card given

Confidential
Type
Type
Number
Number
Name MCLEOD,CAMERON L
(Last Name,First Name,Middle Initial)

Race W WHITE Sex M MALE DOB 04/14/1970 Estimated Age Age 40 AADULT D
Height 601 Weight Hair XXX UNKNOWN/BALD Eyes XXX UNKNOWN EYE COLOR
Offensellncidentlndicator 11ST OFFENSE Extent Injury o NONE
Injury Type #1 00 N/A Injury Type #2 00 N/A
Home Address
4858 BENEVA RD SARASOTA FL 34233
(Streettl Dir Street Name St.Type Apttl City State Zip)

Residence Type 2 COUNTY Residence Status 1 FULL YEAR

Home/Cell Phone Business Phone
Employer/School
Employer's Address
SARASOTA FL
(Street# Dir Street Name St.Type Unit# City State Zip)

Occupation ScarslMarkslTattoosiClothing
Foul Play A N/A Missing Previously A N/A Recovery Info 0 N/A
Victim/Offender Relationship 00 N/A DVR N NO
Alias Place of Birth

Officer/lD: DICAPUA MICHELLE #2265 Case# 201000080501 Date 1118/2010 PAGEt13

 I
ORIGINAL I Sarasota County Sheriffs Office
Sarasota County, Florida
Supplemental Person Report
PERSON Type 03 OTHER ADULT Number 4
DVictim card given Type Number
o Confidential Type Number
Name STONEBURNER,MICHAEL D
(Last Name,Flrst Name,Middle In~ial)

Race WWHITE Sex M MALE DOB 05/1411974 Estimated Age Age 36 A ADULT 0
Height 602 Weight Hair XXX UNKNOWN/BALD Eyes XXX UNKNOWN EYE COLOR
Offensellncident Indicator 11ST OFFENSE Extent Injury 0 NONE
Injury Type #1 00 N/A Injury Type #2 00 N/A
Home Address
4723 THOMAS HOBY PL SARASOTA FL 34241
(Street# Oir Street Name St.Type Apt# c~ State Zip)

Residence Type 2 COUNTY Residence Status 1 FULL YEAR

HomefCell Phone Business Phone
EmployerfSchool
Employer's Address
SARASOTA FL
(Street# Oir Street Name St.Type Unil# c~ State Zip)
Occupation ScarslMarkslTattooslClothing
Foul Play A N/A Missing Previously A N/A Recovery Info 0 N/A
Victim/Offender Relationship DVR
Alias Place of Birth

PERSON Type 03 OTHER ADULT Number 5

8 Victim card given

Confidential
Type
Type
Number
Number
Name DAY,MICHAEL T
(Last Name,First Name,Middle In~ial)

Race WWHITE Sex M MALE DOB 08/23/1974 Estimated Age Age 36 A ADULT 0
Height 509 Weight Hair XXX UNKNOWN/BALD Eyes XXX UNKNOWN EYE COLOR
Offenseflncident Indicator 11ST OFFENSE Extent Injury 0 NONE
Injury Type #1 00 N/A Injury Type #2 00 N/A
Home Address
125 AVENIDA VENECCIA UNI SARASOTA FL 34242
(Street# Oir Street Name St.Type Apt# c~ State Zip)
Residence Type 2 COUNTY Residence Status 1 FULL YEAR
Home/Cell Phone Business Phone
Employer/School
Employer's Address
SARASOTA FL
(Street# Dir Street Name Sl. Type Unil# c~ State Zip)

Occupation ScarslMarkslTattooslClothing
Foul Play AN/A Missing Previously A N/A Recovery Info ON/A
Victim/Offender Relationship 00 N/A DVR N NO
Alias Place of Birth

Officer/lD: DICAPUA MICHELLE #2265 Case# 201000080501 Date 11/8/2010 PAGEtt4

*I ORIGINAL I
Sarasota County Sheriff's Office
Sarasota County, Florida

THE COMPL. LIVED AT 5209 SUMMERWOOD CT. SHE MOVED OUT IN JUNE DUE TO
FORECLOSURE. TODAY SHE WENT THERE TO RETRIEVE ITEMS LEFT BEHIND. THERE
WAS A CAR IN THE DRIVEWAY AND IT APPEARED PEOPLE WERE INSIDE.

I MADE CONTACT WITH THE FIVE PEOPLE WHO WERE INSIDE THE HOUSE. DARRIN
STATED HE IS RESPONSIBLE FOR THE HOUSE. HE STATED THAT HE RECENTLY MOVED
IN AND HAS A CONTRACT THROUGH HOMES FOR AMERICA. HE STATED HE HAS TO PAY
THE TAXES OWED AND MAINTAIN THE LAWN. HE STATED FSS 95.18 DEALS WITH
FORECLOSED PROPERTIES. HE DID NOT HAVE THE CONTRACT HANDY. HOWEVER, REF.
CASE 10-78093, DEPUTIES WERE RECENTLY THERE AND VIEWED THE CONTRACT.

I TOLD THE COMPL. TO CONTACT SUNTRUST BANK TO ASCERTAIN THE STATUS ON THE
HOUSE. IF THE BANK ADVISES THEY ARE NOT DOING BUSINESS WITH HOMES FOR
AMERICA, THEN TO CALL THE SSO AGAIN.

Officer/lD: DICAPUA MICHELLE #2265 Case# 201000080501 Date 1118/2010 PAGE#S

1)
i
i '",

II SARASOTA COUNTY SHERIFF'S OFFICE

, INVESTIGATIVE REPORT

VICTIM: Schiller, Yvonne CASE#: 10-80501

WIF 12/04169

I
j
I
5'6/145lbs.
5440 New Covington Dr.
Sarasota, FL
941-228-7617

OFFENSE: Scheme To Defraud DATE TYPED: 01/18/11

Grand Theft

STATUS: Arrest- E

PERIOD COVERED UNDER INVESTIGATION: 11/15/10-01/14111

DET:
njk
C. Dusseau #137@SUPV:S9t.K. Pingel #41~" ~,
COPY TO: SAO

RELATED CASE(S): 10-85788,10-85060,10-81051

INDEX

DATEITIME OF OFFENSE: 11/07/101500-1520

LOCATION OF OFFENSE: 5209 Summerwood Ct.

Sarasota, FL

COMPLAINANT: SAA

WITNESS/OTHER: McLeod, Darrin R.

W/M 05/21173
5'4/190 Ibs. Bro/Blu
5209 Summerwood Ct.
Sarasota, FL
941-462-9862
'\
I ..., 2 Case #: 10-80501
1 ~
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II Bastian, Chantelfe M.
W/F 09/06177 05/05/115
I 5726 Bronx Ave.
I Sarasota, FL
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McLeod, Cameron L.
W/M 04/14170
1 4858 Beneva Rd.
! Sarasota, FL
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I Erick Herbert Knight

W/M 08/12/1965
511 190 Ibs. Bra/Bro
1365 Harbor Dr.
Sarasota, FL 34239
(941) 586·9927

Hirz, Sara
W/F 07/06/82

Shumway, Erick
W/M

Oliver, Syreeta Latoya

B/F 07/19/80
51'/110 Ibs. BlklBro
5150 Bliss Rd.
Sarasota, FL

Mannuson, Alohnia M.
W/F 01129/92
5'61155 Ibs. BlnlBlu
(941) 623-7470

Karel, Michael
W/M 11/17/83
5'111170 Ibs. Bro/Grn
(941) 822-3571
....• 3 Case #: 10-80501

ARRESTEE: McNair, Joel D.

81M 12/25/1950
600 180 Ibs. BrolBlk
9240 Midnight Pass Rd. D
Sarasota, FL 34231
7350 S. Tamiami Tr.
Sarasota, FL 34231
(941)737-7919

VEHICLE USED IN CRIME: N/A

EVIDENCE STATUS: NIA

STOLEN/DAMAGED PROPERTY: Chain saw

Machinist tools
House tools
Paint supplies
Dance supplies
Guardian angel picture
Computer desk
Microwave
Area rugs
Cannon digital camera
Iron plant shelf
Tractor
Power washer
Tennis racquets (4)
Mini fridge
Freezer
Mustang grill
Hoses and holders (4)
Basketball hoop
Tax papers
Kurig coffee maker
Balance beam
Printer Fax ... estimated total $5000.00

RECOVERED PROPERTY: None

 .. 4 Case #: 10-80501
j

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ATTACHMENTS TO REPORT: Arrest Warrant and PCA
Search Warrant
Forensic Report
Property Receipt

I
I
I
Business Registered Agent Report (save our
Homes USA LLC)
Homes for Americans LLC
Copy of blank adverse possession for without
color of title
1 Property appraiser document

I Clerk's office document

Ad Valorem tax document
Legal Research Document
I DRUG RELATED: No

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..., 5 Case #: 10-80501

SYNOPSIS:

The victim reported to the Sarasota County Sheriffs Office that there were
unauthorized occupants in the house that she owns located at 5209 Summerwood ct.
The victim had vacated the house a few months ago while undergoing foreclosure
proceedings, yet maintains ownership of the property.

This case will serve as the master case.

11/15/10 - 0900 hours:

I received this case for further investigation and reviewed the initial report.

11/16/10:

The victim, Yvonne Schiller, was interviewed at the Sarasota County Sheriffs Office,
Criminal Investigations Section. During a sworn recorded statement, Schiller stated
that she purchased the home in 2006 and that financial problems caused Schiller to file
for bankruptcy. On January 11 th , 2010 the foreclosure was initiated by SunTrust Bank.

Schiller moved out of the residence in June 2010 because she was concerned about a
potential eviction. Schiller and her family moved to another location around the corner.
Schiller stated that she was maintaining the property, receiving mail and had
approximately $5,000 worth of personal property in the residence and a shed located
on the property.

Schiller went to her property, where she found it occupied by unknown persons. Schiller
advised the occupants that it was her house. The occupants told Schiller they were
renting the house. Schiller asked to go inside because she had a file cabinet with
personal records. The occupants told Schiller that when they moved in, there was
nothing in the residence.

Prior to the interview, I had been briefed by Sgt Pingel that other complaints similar to
this had been filed about a company owned and operated by the defendant in this case,
Joel McNair. I asked Schiller if she knew the defendant or his company, Homes for
Americans. Schiller stated that she had no knowledge of this individual or this
company. Schiller stated that she never authorized anyone to take occupancy of her
 , Case #: 10-80501
't .... 6

home. Schiller never turned off the water or utilities and that Schiller's taxes were paid
and up to date. Schiller indicated that when she left the residence it was secured and
when she returned, the locks had been changed. Schiller contacted the bank and was
advised that she was still the legal owner of the residence, 5209 Summerwood Ct. This
information was confirmed by a check with the records at the Sarasota County Property
Appraiser's Office.

11/16/10 -1130 hours:

I attended a meeting with Det. Cramer, Sgt. Felix, Lt. Mayer, Sgt. Pingel, Det. Carter
(SPD), and Officer Kohler from the Department of Agriculture. It was determined that
McNair would be asked to come in for an interview alld arl ested at a later time. ~

11/17/10 -1300 hours:

McNair was contacted by Detective Cramer of the Sarasota County Sheriff'S Office by
telephone. McNair agreed to come in for an interview with his attorney, Andrew Mikos,
and his administrative assistant, Ada West. Also present during the interview was Sgt.
Felix, Sgt. Pingel, Lt. Mayer, Det. Cramer and Det. J. Carter from SPD.

Everyone introduced themselves and agreed to identify themselves as they speak.

McNair stated that he had paid to have legal research done by a company from Virginia
that would allow him to use the adverse possession statute, FSS 95.18, to place people
in vacant houses.
During the course of the interview it was determined that the defendant had located this
residence, identified it as in foreclosure and subsequently used Florida Statute 95.18
(Adverse Possession) to possess the property and place individuals in the home that he
claimed were in arrears for taxes and not being maintained by the legitimate owner.
The defendant informed us that he was not required to notify the owner(s). The
defendant informed us that he had researched the statute and that his business was
legitimate and in compliance with the statute.

The defendant informed us that he or his representatives located the properties, made
entry, changed the locks, removed property and accepted monies from what he
referred to as members. These "members" were to pay the taxes and maintain the
property. The defendant further advised that he believed that the landlord tenant laws
did not apply in this situation. This affiant found that the taxes on the victim's home had
been paid and were current. The McNair had not filed a return (DR-452 (a public record
document used when filing for an adverse possession of real property without the color
of title) with the Property Appraiser's Office. The house had not been abandoned, as
. ,
-4 7 Case #: 10·80501

the victim was continuing to pay the utilities and maintaining the property. The victim
had not authorized anyone to be in the residence and she did not authorize the removal
of her personal property. These are all provisions of the FSS 95.18 which were not
being adhered to by the defendant.
McNair went on to speak for almost two hours and fifteen minutes, explaining why he
believes what he is doing is legal under the adverse possession statute.

This interview was audio recorded. A copy of the interview was placed into Property as
evidence under Detective Cramer's Case #10-81051. For more detail regarding the
interview refer to the audio recording.

11/18/10 ·1030·1200 hours:

Detective Carter and I made contact with Eric Shumway at 5233 Summerwood Ct.,
which was another house that McNair was using under the Adverse Possession statute.
Shumway and his girlfriend, Sara Hirz, were living in this house with their small child.

The interview was recorded by Detective Carter under Sarasota Police Case #10-
040449.

Shumway stated that he had heard of McNair through word of mouth. Shumway could
not explain how he came to know McNair. Shumway stated that the houses are
abandoned and no one is paying the taxes, so even though it sounded too good to be
true, he decided to move in to a McNair house.

Hirz stated that McNair would give them addresses to look at, and they could pick one
of the houses. These houses were in McNair'S program.

Shumway and Hirz stated that the way McNair explained the offer to them is that
McNair is paying the taxes and that as long as the tenants did the upkeep on the house
they could live there. Shumway stated that there was a contract which was up at
McNair's office on US 301. Shumway stated that he was an agent for McNair to find
houses for the program. McNair told Shumway to drive around neighborhoods and look
for properties that are overgrown and appear to be abandoned. Shumwayemails
McNair with the addresses.

Shumway stated that he changed the lock on only one of the homes. Hirz stated that
McNair has a crew that comes in and mows the lawn and cleans up the property prior to
the move in. Hirz stated that Erick Knight is the maintenance man for McNair. Knight
wanted Shumway to come work for them. McNair was offering $50.00 off of the rent per
home that they found. Knight had the locks changed prior to Hirz and Shumway moving
in. Knight gave them the keys. Knight is the person changing the locks for McNair.
 ,
4 8 Case #: 10-80501

13 minutes in to the interview, the statements being made by Hirz and Shumway were
not consistent with each other. Hirz stated to Shumway a few times, "Just be honest". I
advised the couple that we are conducting an investigation into McNair's practices and
should the two wish to not cooperate and be up front about what was happening, there
was a possibility that they could be charged for criminal activity along with McNair.

Hirz stated that McNair told them that the banks were telling McNair to go ahead and
take the house, pay the taxes because the owners were not doing it ,and that it was
legal. They were led to believe that McNair was going through a process that was
making it legal. Put in for a home to pay the taxes and maintain the property.

Shumway agreed to come down to the Sheriff's Office at 1400 hours for an interview.

I attempted to contact the occupants at 5209 Summerwood Ct., the victim's residence,
to interview them regarding McNair. No one was at the residence. There was a blue
truck in the driveway. The house was still occupied. I left a business card in the door.

At approximately 1420 hours, Detective Carter phoned me to advise me that Shumway

was not going to be coming in for an interview. Shumway requested an attorney.

11/18/10 -1600 hours:

Based on information obtained to date during the course of the investigation, Probable
Cause Affidavits and Arrest Warrants charging Joel McNair with Grand Theft and
Scheme to Defraud were prepared, approved by the State Attorney's Office, and taken
to Judge Berlin for approval and signature.

A Search Warrant for the business owned and operated by McNair located at 5745 N.
Washington Blvd. was written with Detective Cramer's assistance in anticipation of
locating documentation surrounding McNair's two owned and operated businesses,
Save our Home and Make Homes Affordable.

11/19/10 -1815 hours:

McNair was located by Lt. Mayer and Sgt. Felix at 5745 N. Washington Blvd, his
business location, and was arrested without incident. He was transported to the North
County Jail for processing. McNair did not wish to speak with detectives and invoked his
right to counsel.
..., 9 Case #: 10·80501

11/22/10·0900 hours:

The Search Warrant was signed by Judge Berlin.

11/22/10 ·1300 hours:

The Search Warrant was read and executed at McNair's business located at 5745
North Washington Blvd. in Sarasota. McNair was incarcerated at the time. There was a
woman in the office who advised me that she was asked by an employee of the
business to come to the office and answer phones.

The office had been cleaned out. All filing cabinets, drawers and desks had been
emptied. The desktop computer towers had been taken. There were only a minimal
amount of documents left.

Detective Cramer seized two computer towers and submitted Search Warrants for
them. See Detective Cramer's master case, #10-81051, for details. The Search
Warrant will be included in his report.

A subpoena was later written for bank records pertaining to this case and forwarded to
the State Attorney's Office. The subpoena was signed off by Craig Schafer for approval.
Detective Cramer will include those records in his report, 10·81051, as evidence.

11/23/10 ·1809 hours:

Sgt. Liebenberg and Deputy Mruczek responded to 5209 Summerwood Ct. The victim
met them at the house. The occupants were not at home. A woman, Jaclyn Flanakin,
was there. Flanakin stated that she was just staying at the house for a few days. The
tenants, Chantelle Bastian, Keith Galante and Darrin McLeod were not at home.

Later in the evening Deputy Dilling contacted Keith Galante by telephone. Galante was
with McLeod at the time. Deputy Dilling advised the men that they would have to vacate
the residence. The victim, Schiller, wanted them out of her house.

Galante stated that they were very upset because they were under the impression that
Bastian was buying the residence.

Deputy Dilling later spoke with Bastian and provided her with the same trespass
waming.

The house was later vacated.

 ·
6. 10 Case #: 10-80501

11/26/10 -1600 hours:

The complainant, James Nalefski, reported to the Sarasota Sheritrs Office that
unknown and unauthorized occupants were living in his son's house at the above listed
address (10-85060). Nalefski's son, Nicholas Nalefski, currently resides in Cape Coral.
The house on Eleuthera Ct. is in the foreclosure process and should be vacant.

Deputy Mruczek responded to the above address and made contact with Michael Karel
and Alohhia Magnuson. The occupants stated that they became members in a
business called Save Our Home and were placed in this house by Joel McNair. The
occupants thought that they were there legally.

At this time the occupants were given 72 hours to vacate the house.

12/01/10 - 1101 hours (10-85060):

Detective Eve and I contacted the occupants of 4409 Eleuthera Ct. The occupants were
Michael Karel and Magnuson. During a swom recorded statement, Karel stated that he
and his friend, David Kilpatrick, were looking for homes in the area to rent. The two
were searching online and found Save Our Home. Kilpatrick was the one who went to
the office and met with McNair and signed the Provisional Occupancy Membership
Agreement. Karel stated that he signed a document that indicated that this house was a
lease and that he was to pay rent. Karel paid $500.00 for a membership fee and
$500.00 for first month rent.

Karel stated that the paperwork he signed and the keys to the home were given to him
when he came to 4409 Eleuthera Ct. to do the walk through. This was September of
2010. Karel did the walk through with a black male named Denis. Kilpatrick was to go to
McNair's office to sign the documents and pay the money.

When Karel first came in the house was empty. The appliances were missing, along
with the fans. The power was already on and the water was on as well. Karel stated that
upon moving in, they would get three months free for the utilities and then they would
have to put them in their names.

Karel stated that one day deputies came with people who claimed to be the
homeowners. Karel and Magnuson were told to vacate the property (the Friday prior).
The two had not vacated the property yet and the homeowner wanted all unauthorized
people to vacate the home.

The two did work to the home believing that this would have been their home, and were
very upset.
 11 Case #: 10-80501

The interview was concluded. A copy is placed in Property.

5065 Sandy Shores Dr.:

11/29/10 ·1846 hours:

Tony Maleki received a letter from the Property Appraiser's Office advising him that his
residence on Sandy Shores Dr. was being occupied under a claim of Adverse
Possession and the claim was accepted by the County. Maleki contacted the Sarasota
Sheriff's Office and requested that deputies responded to the incident location.

A Suspicious Incident report was filed. A woman named Bonita Michel was occupying
the residence. Michel was an employee of McNair's business, Homes for America, and
living in this residence as a payment for a portion of her salary. Michel provided a copy
of the DR-452 from the Department of Revenue for adverse possession.

12/02/10 ·1000 hour:

S9t. Pingel and I contacted Tony Maleki on Sandy Shores Dr. and made contact with
Bonita Michel. Maleki did not want Michel residing in his home. Maleki did not authorize
this and would not consent to letting Michel stay. Maleki stated that he did not know
Joel McNair, never did business with the man, never contacted McNair for assistance
with foreclosures and did not authorize anyone to live in this residence.

Michel was at home and allowed us into the house. Michel explained that she was an
employee of McNair's and that he had put her in to this home via the adverse
possession. Michel stated that McNair was doing a good thing by helping those who
needed homes and it assisted the bank in the upkeep of abandoned property. I advised
Michel that McNair's practices were not legal. Michel was in continued defense of
McNair and stated that she was now a victim because she was being asked to vacate a
vacant property and she had nowhere to go.

5150 Bliss Road. Sarasota. FL '10-84245):

11/28/10 - 0850 hours:

A call was made to the Sarasota Sheriff's Office Communications Center advising that
a black male was attempting to burglarize the house located at 5150 Bliss Rd.

The responding deputy added a footnote to the report indicating that the house that
Syreeta Oliver was renting was the house through Homes For America with Joel
McNair. Oliver stated to the deputy that she moved in on 11/01/10. Oliver stated that
 12 Case #: 10-80501

after McNair's arrest, she spoke with McNair on the telephone and McNair advised
Oliver that everything was alright and that he was still in business.

12/07/10 -1330 hours:

On Detective Eve and I made contact with Oliver at 5150 Bliss Road. During a sworn
recorded statement Oliver stated that she moved in to this house on November 1st.
Oliver had been referred to McNair through word of mouth.

McNair explained to Oliver that she would pay a membership fee and then get to select
a house to live in. Oliver stated that if something happens or the person is not happy in
the home, McNair could move her to another property. If Oliver stays for a while and
liked where she is at, McNair would work on getting Oliver to possibly own the house.

Oliver thought this was a good program. Oliver would pay the taxes on the house. Once
the taxes were caught up, then they would discuss the ownership aspect. Oliver paid
$618.00 plus the membership fee of $495.00. Oliver paid that to McNair with a check.
McNair originally stated that he wanted cash or money order, but Oliver did not want to
pay that way. Oliver wanted a receipt of payment. Eva Talbert was the check writer
made payable to Homes for America.

Oliver moved in and was to take care of the home. Oliver got the keys from Eric Knight
at the office on US 301. Knight also came to the house to do the walk through with
Oliver. A checklist was done, which Oliver did not get a copy of. Oliver decided after the
walk through that she would rent the house. When she moved in, the house was clean
and the yard mowed. According to a neighbor, prior to Oliver moving in the yard was
overgrown and the house appeared abandoned.

Oliver never met McNair. All business was done with Eric Knight. Oliver had spoken
with McNair on the telephone when he discussed the Adverse Possession.

The interview was concluded at 1337 hours. A copy of the interview was placed into
Property.

01/13/11 - 0900 hours:

I phoned David Kilpatriick in reference to the residence on Eleuthera Ct. I was unable to
contact him and left a voicemail message for him asking that he phone me.

I phoned Keith Galante, Chantelle, Bastian's boyfriend, and left a message requesting
that Bastian phone me about McNair.
 13 Case #: 10-80501
1

I 01/14/11 - 0930 hours:

i I attempted to make contact with Kilpatrick at his last known residence on Marbeth St.
No one answered the door. A business card was left at the residence.
) 01/14/11 -1030 hours:

I attempted to contact Bastian at her last known address on Busti St. in Sarasota. No
one was home. A card was left in the door.
1
CONCLUSION:
f
I This case is to be closed with an arrest. The adverse possession statute does not apply

I and the defendant is being charged with Scheme to Defraud as per FSS 817.034(3)0
and Grand Theft as per FSS 812.014(2)a(1) in that:

j Chg 1: The defendant did in a systematic ongoing course of conduct with the intent to
defraud and obtain the property of the victim by false pretenses and willful
misrepresentation place unauthorized persons into the victim's residence and did
accept monetary compensation in excess of $300.00.

Chg 2: The defendant did knowingly endeavor to obtain the residence located at 5209
Summerwood Ct. in the County of Sarasota with the intent to temporarily or
permanently deprive the owner of the right or benefit of said property for his own use or
the use of any person not entitled to the use of the property. The property has a current
market value of approximately $147,000.
 SARASOTA COUNTY S~RWF'S OFFICE
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CDOS-013 Revised June 21,2006 0S2#16
 IN THE CIRCUIT COURT IN AND FOR SARASOTA COUNTY, FLORIDA

STATE OF FLORIDA

vs.

McNair, Joel D. CASE NO. 10-80501

ARREST WARRANT

TO ALL AND SINGULAR SHERIFF'S, POLICE OFFICERS: GREETINGS

WHEREAS, complaint on oath and in writing, supported by sworn testimony has been made

before me, the undersigned MAGISTRATE in and for Sarasota County Florida, by: Detective C.

Dusseau #1370 of the Sarasota County Sheriffs Office.

THAT affiant states that the defendant did commit: 1) Scheme To Defraud as per FSS

817.034(3)D

2) Grand Theft as per FSS 812.014(2)A(1)

AND it appears to the Court that probable cause for the issuance of this warrant has been

shown, thereby and the Court being satisfied of the existence of the grounds therefore.

NOW, THEREFORE, you are commanded with such proper and necessary assistance that may

be necessary to arrest Joel D. McNair, DOB/10/25/50, 6'00/175Ibs, Florida DL#M256424503850, 7350

S Tamiami Trail #98 Sarasota, Florida and bring him before me or other County or Circuit Judge having

jurisdiction of this offense.

BAIL shall be set at $_ _ _ _Z,..oQ..:.J-I1fQ..40./,....;C.U""":::;./_':..::..f,....".~_ _with a return date of the

_ _ _ _ _ _ _ _.day of _ _ _ _ _ , 2010.

WITNESS my hand and seal this I '(JL day of November 2010.

JUDGEI~TACOUNTY. Fl
 PROBABLE CAUSE AF..FIDAVIT Affil: labelltere
Sarasota County

AGENCY I3J SSO 0 SPD o FHP 0 VPD 0 NPPD 0 LBPD 0 OTHER ~ORIGINAL
SSO CASE # 10-80501 ARREST #
o SUPPLEMENTAL

AGENCY CASE # UTC#

ADULT - ARREST ~ WITH WARRANT JUVENILE 0 ARRESTED I DETAINED

o WITHOUT WARRANT o ARRESTED I RELEASED WITH REFERRAL
o NON ARREST COMPLAINT o NON-ARREST REFERRAL
(LAST. FIRST. MIDDLE INITIAL)
o TEEN COURT REFERRAL
(LAST. FIRST. MIDDLE INITIAL)
D DEFENDANT Mcnair Joel 0 ALIAS
E DOB
IAGE SEX I RACE WGT
I
COLOR HAIR COLOR EYES
I
F 10/25/50 60 M B I 600
HGT
CITY
175 Bald
STATE
Brown
ZIP
E
N ADDRESS 7350 S Tamiaml Trail #98 Sarasota Fl. 34231
D PHONE# SCARS/MARKSITATTOOS
A 941-737-7919
N
T
DL# ST
FL
SOCIAL SEC# I I PLACE OF BIRTHCITY New York STATE

rOCC~U:PA~T=I~O~N~------------~~----'I~E~M~P~LUY~K
Business Owner Homes For America
EMPLOYER ADDRESS PHONE #
5745 N Washington Blvd. Sarasota Flo 941-737-7919
CITIZENSHIP IMMIGRATION STATUS RESIDENCE TYPE RESIDENCE STATUS INFLUENCE
1. PERMANENTILEGAI. RESIDENT OF US
2. LEGAl VISITOR
3. UNDOCUMENTED ILLEGAL ALIEN
1 I~. g~NTY
3. FLORIOA
O.
1
HlA
FULL YR
2. PARTYR
1 I ~~~;~ DYES DNO
DYES DNO
!HUNK
I!IUNK
4. UNKNOWN 4 OUT OF STATE 3. NON·RES

DATE & TIME OF CRIME

11072010 1500
I
CRIME LOCATION
5209 Summerwood Ct.
LOC
l
TYPE 01
I ZONE I GRID
010 167
C F.S.IORD # CHARGE !ZIFELONY DMISD BOND , / e;t--
R 817.034(3)0 Scheme To Defraud- Flroida Communication Act /S,tx1J
I F.S.lORD # CHARGE !ZIFELONY DMISD
BON/s",a# JP'
M 812.014(2)A(1) Grand Theft (Over $100,000.00)
E F.S.lORD # CHARGE DFELONY DMISD BOND

E INVESTIGATING L.E.O. ID#

V Detective C. Dusseau 1370
E ~~~=~~G~----~~~.M~G~~~~IG-RAM--~~~!.~~~~~~g~~~~~~~!~~~g~"-N~D------·~~·~~~~~"L1-TE-R------9.~~~"~Eru~N~IV~--+-----~~N~----~
N
T
DRUG E HEROIN
TYPE ~. ~~~~~EN
M. MARIJUANA U UNKNOWN
~ =~~-:~ ~ ~=HERNALIA
N. HlA
N
I I DRUG
ACTlVlTY
M. MANUF/cULT . P POSSESS
~. ~i~L ~. ~~~
T TRAFFIC
~ :~~~LE
I N
C. COCAINE
TYPE WEAPON 00. HlA
SEIZED 0 YEsD NO ~. ~~GUN
S. SYNTHETIC EOUIPMENT
04. UNK FIREARM 08. POISON
:. ~~~N~~~~~ ~. ~e'n~~~~IARY
12. SIM WEAPONi
~. 3~~gWN
I I D. DELIVER

00
CAU8ER
GAUGE
Z. OTHER

N
I I N. HlA
FINISH WEAPON
:. :~~iR
I N
03. SHOTGUN 07. HANDSIFISTIFEET 11. THREATIINTIMID 99. OTHER O. OTHER

DATE & TIME OF ARREST I ARREST L.E.O.IID# I ASST L.E.O.IID#

A E ARREST LOCATION
R V~~~~~~;7.__________________~~7.7.~~~~~~:=~~L-________~________~
I
ZONE / GRID

R E CAPIASIWARRANT # COUNTY & STATE OF WARRANT I

E N~~~~~__~~~~~~__~~~~~~~~__T-~__r=~~~~~~________~
~ T DATE BOOKED TIME BOOKED I
RETURNABLE DATE BOOKING OFFICER IJ../nIu2
RELEASED BY RELEASED TO DATEITIME RELEASED

(LAST. FIRST, MIDDLE INITlAL) HOME

V VICTIM NAME Schiller, Yvonne PHONE # 941-228-7617
I CITY STATE ZIP BUS
C ADDRESS 5440 New Couvington Way Sarasota FI. 34231 PHONE#
T DOB 120469 IAG~O I SEXF IRA~ I NOTIFIED DYES
TIME
UNO
 PROBABLE CAUSE A~f;=IDAVIT
Sarasota County

~ ORIGINAL - PAGE 2 of 3 o SUPPLEMENTAL - PAGE of

DEFENDANT SSO BK# AGENCY CASE #

Mcnair, Joel D. 10-80501

~ADULTCASE o JUVENILE CASE

STATE IN DETAIL WHAT THE DEFENDANT DID THAT YOU ALLEGE WAS ILLEGAL. INCLUDE EVENTS THAT LEAD UP TO
THE INCIDENT; ALSO INCLUDE WHY DEFENDANT ACTED AS HE DID IF THIS IS KNOWN. HEARSAY IS PERMISSIBLE AND
RELEVANT COMMENTS OF THE DEFENDANT OR WITNESSES INVOLVED SHOULD BE SUMMARIZED. (INCLUDE WHO,
WHAT. WHERE. WHY. WHEN, HOW)

I affiant am a Detective with the Sarasota Sheriffs Office assigned to the Criminal Investigations
Section.

On 11/07/10 the complainanUvictim, Yvonne Schiller filed a report with the Sarasota Sheriffs
Office. Schiller advised the responding deputy that unauthorized individuals were residing in her
home without authorization. Schiller stated that she made contact with these individuals who
refused to let her into her own home. The responding deputy was shown a contract with Homes
for America that allowed the unauthorized individuals to be in said residence pursuant to a rental
agreement. The residents advised that the agreement required that they pay the taxes and
maintain the residence.

On 11/15/10 I was assigned the case and reviewed the initial report. I interviewed the victim on
11/17/10 at the Sheriff Office. During a sworn recorded statement the victim told me that she
purchased the home six years ago and that financial problems caused her to file for bankruptcy n
spring on 2009. On January 11Ih, 2010 the foreclosure was initiated by SunTrust Bank. The victim
moved out of the residence in June 2010 because she was concerned about being evicted. The
victim and her family moved to another location around the corner. The victim stated that she was
still maintaining the property, receiving mail and had approximately $5,000 worth of personal
property in the residence and a shed. The victim went to her property where she found it occupied
by these unknown persons. The victim advised these subjects that this was here house and the
subjects told her they were renting it. The victim asked to go inside because she had a file
cabinet with personal records. The occupants told her that when they moved in there was nothing
in the residence.

I had, prior to the interview, been briefed by Sgt Pingel that other complaints similar to this had
been filed about a company owned and operated by the defendant in this case, Joel McNair. I
asked the victim if she knew the defendant or his company, Homes for America. The victim
informed me that she had no knowledge of this individual or this company. The victim stated that
she never authorized anyone to take occupancy of her home. The victim never turned off the
water or utilities and that her taxes were paid and up to date. The victim also indicated that when
she left the residence it was secured and that when she returned the locks had been changed.
The victim contacted the bank and was advised that the victim was still the legal owner of the
residence, 5209 Summerwood Ct.

o ADDITIONAL PAGES - ATIACHED AND INCORPORATED HEREIN

SIGNATURE OF L.E.O.JAFFIANTUh c..:;;:YQ=;«"pu I 10# 1370

SWORN TO (OR AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 19 DAY OF November • 2010, BY
Detective C. Dusseau #1370 ~ WHO IS PERSONALLY KNOWN OR 0 WHO PRODUCED THE FOLLOWING
(PRINT L.E.O.lAFFIANT NAME)

IDENTIFICATION SIGNATURE
~ L.E.O. 10 # d 1j5 ~ NOTARY
~S PRINT NAME of" LIIK/?
~.........~=-_ _-+-~!:O..-_ 10# 77S"
 PROBABLE CAUSE AFl)iOAV'lT
Sarasota County

181 ORIGINAL - PAGE 3 of 3 o SUPPLEMENTAL - PAGE of

DEFENDANT SSO BK# AGENCY CASE #

Mcnair, Joel D. 10-80501

181 ADULT CASE o JUVENILE CASE

STATE IN DETAIL WHAT THE DEFENDANT DID THAT YOU ALLEGE WAS ILLEGAL. INCLUDE EVENTS THAT LEAD UP TO
THE INCIDENT; ALSO INCLUDE WHY DEFENDANT ACTED AS HE DID IF THIS IS KNOWN. HEARSAY IS PERMISSIBLE AND
RELEVANT COMMENTS OF THE DEFENDANT OR WITNESSES INVOLVED SHOULD BE SUMMARIZED. (INCLUDE WHO,
WHAT, WHERE, WHY, WHEN, HOWl

The defendant was contacted by Detective Cramer of the Sarasota Sheriff's Office by telephone. The
defendant agreed to come in for an interview with his attorney, Andrew Mikos, and his administrative
assistant. On 11117110 at approximately 1300 hours the defendant provided a statement. This statement was
recorded. During the course of the interview it was determined that the defendant had located this residence
and subsequently used Florida Statute 95.18 (Adverse Possession) to possess the property and place
individuals in the home that he claimed were in arrears for taxes and not being maintained by the legitimate
owner. The defendant informed us that he was not required to notify the owner(s). The defendant informed
us that he had researched the statute and that his business was legitimate and in compliance with the statute.
The defendant informed us that he or his representatives located the properties, made entry, changed the
locks, removed property and accepted monies from what he referred to as members. These "members" were
to pay the taxes and maintain the property. The defendant further advised that he believed that the landlord
tenant laws did not apply in this situation. This affiant found that the taxes on the victim's home had been paid
and were current. The defendant had not filed a return (DR-452) with the property appraiser's office. The
house had not been abandoned as the victim was continuing to pay the utilities and maintaining the property.
The victim had not authorized anyone to be in the residence and that she did not authorized the removal of
her personal property. These are all provisions of the FSS 95.18 which were not being adhered to by the
defendant.

Therefore this affiant believes that the adverse possession statute does not apply and that the defendant be
charged with Scheme to Defraud as per FSS 817.034(3)D and Grand Theft as per FSS 812.014(2)a(1)
in that:

Chg 1: The defendant did in a systematic ongoing course of conduct with the intent to defraud and obtain the
property of the victim by false pretenses and willful misrepresentation place unauthorized persons into the
victim's residence and did accept monetary compensation in excess of $300.00.

Chg 2: The defendant did knowingly endeavor to obtain the residence located at 5209 Summerwood Ct in the
County of Sarasota with the intent to temporarily or permanently deprive the owner of the right or benefit of
said property for his own use or the use of any person not entitled to the use of the property. The property has
a current market value of approximately $147,000.

o ADDITIONAL PAGES - ATIACHED AND INCORPORATED HEREIN

SIGNATURE OF L.E.O.lAFFIANT ~ c.:u \O'")D.e'l. I I 10# 1370

SWORN TO (OR AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 19 DAY OF November , 2010, BY
Detective C. Dusseau #1370 [2l WHO IS PERSONALLY KNOWN OR 0 WHO PRODUCED THE FOLLOWING
(PR.INT L E O.JAFFIANT NAME)

SIGNATURE
181L.E.O. ID #
btL-
~R
PRINT NAME

ID# 77~
 Sarasota County Sheriff's Office
Sarasota County, Florida ORIGINAL
INCIDENT 201000081051

REPORT INFORMATION
Case Number 201000081051 DatefTime Reported 11/09/2010 21 :32
Offense Type NON-CRIME Swab DNA ? NO

OFFENSE
Offense 1/Statute 22C CIVIL DISTURBANCE Attempt: C COMMITTED
Offense 21Statute Attempt:
Offense 3/Statute Attempt:

EVENT DATA
DatefTime Occurred From: 11/09/201021:30 DatefTime To: 11/09/2010 22:50
IncidenVOffense Location
3226 SAVOY WAY SARASOTA
(Street# Dir Street Name St.Type Apt# City)

Related Case Number Grid 127 Zone 005 Forced Entry A NOT APPLICABLE
Location Type 01 RESIDENCE/SINGLE
Weapons Type 00 N/A Nbr Premises 00 Nbr Offenses 01
Nbr Offenders 00 Nbr Arr Total 00 Nbr Arrest Adult 00 Nbr Arrest Juvenile 00

PERSON Type C3 COMPLAINANT ADULT Number

DVictim card given Type Number
o Confidential Type Number
Name IRWIN,APRIL J
(Last Name,First Name,Middle In~ial)

Race W WHITE
Height 501
Sex F FEMALE
Weight 140
DOB 04/25/1972
Hair BRO BROWN
Estimated Age o
Age 38 A ADULT
Eyes BLU BLUE
Offense/Incident Indicator 11ST OFFENSE Extent Injury o NONE
Injury Type #1 00 N/A Injury Type #2 00 N/A
Home Address
7714 WESTMORELAND DRIVE SARASOTA FL 34243
(Street# Dir Street Name St. Type Apt# City State Zip)

Residence Type 2 COUNTY Residence Status 1 FULL YEAR

Home/Cell Phone Business Phone
Employer/School SCTI
Employer's Address
SARASOTA FL
(Street# Dir Street Name st. Type Unit# City State Zip)

Occupation INSTRUCTOR ScarslMarkslTattoos/Clothing

Foul Play A NlA Missing Previously A N/A Recovery Info 0 N/A
Victim/Offender Relationship 00 N/A DVR A NOT APPLICABLE
Alias Place of Birth

Officer/IO: MARTIN ROBBIE L #2076 Case# 201000081051 Date 11/10/2010 PAGE #1

~~:"I
~ ORIGINAL
I Sarasota County Sheriff's Office
Sarasota County, Florida

PERSON Type 03 OTHER ADULT Number

B Victim card given

Confidential
Type
Type
Number
Number
Name MCNAIR,JOEL D
(Last Name,First Name,Middle In~ial)

Race B BLACK Sex M MALE DOB 10/25/1950 Estimated Age Age 60 0

A ADULT
Height 600 Weight Hair BRO BROWN Eyes GRN GREEN
Offenseflncident Indicator 1 1ST OFFENSE Extent Injury 0 NONE
Injury Type #1 00 N/A Injury Type #2 00 N/A
Home Address
7350 S TAMIAMI TRL APT 98 SARASOTA FL 34231
(Street# Oir Street Name Sl. Type Apt# City State Zip)
Residence Type 2 COUNTY Residence Status 1 FULL YEAR
Home/Cell Phone (941 )7377919 Business Phone
Employer/School SAVE OUR HOMES
Employer's Address
SARASOTA FL
(Street# Oir Street Name Sl. Type Unil# City State Zip)
Occupation OWNER/PRES Scars/Marks/TattoosfClothing
Foul Play A N/A Missing Previously A NfA Recovery Info 0 N/A
Victim/Offender Relationship 00 N/A DVR A NOT APPLICABLE
Alias Place of Birth

ADMINISTRATIVEI Crime Scene Approved By: SCOTT DAVID #1403

Photos Taken By Whom? Dusted For Latent Prints
Prints Submitted By Whom? BOLO Requested By
BOLO Given to Cancelled Cancelled By?
Enclosures:
Copies To: CIS
Clearance Code Exception Code

Officer/ID: MARTIN ROBBIE L #2076 Case# 201000081051 Date 11/10/201 0 PAGE #2

 I ,
ORIGINAL I
.
Sarasota County Sheriffs Office
Sarasota County, Florida
Supplemental Person Report
PERSON Type 03 OTHER ADULT Number 2
DVictim card given Type Number
o Confidential Type Number
Name HOFFMAN,JUDD D
(last Name,First Name,Middle In~ial)

Race WWHITE Sex M MALE DOB 08/25/1948 Estimated Age 0 Age 62 A ADULT
Height 600 Weight 150 Hair GRY GRAY Eyes BLU BLUE
Offense/I ncident Indicator 11ST OFFENSE Extent Injury 0 NONE
Injury Type #1 00 N/A Injury Type #2 00 N/A
Home Address
718 S TAMIAMI TRL LOT 15 OSPREY FL 34229
(Streel# Dir Street Name Sl. Type Apl# City State Zip)

Residence Type 2 COUNTY Residence Status 1 FULL YEAR

Home/Cell Phone (941 )2230716 Business Phone
Employer/School
Employer's Address
SARASOTA FL
(Streel# Dir Street Name SI. Type Unit# City State Zip)
Occupation Scars/MarkslTattoos/Clothing
Foul Play AN/A Missing Previously A N/A Recovery Info 0 N/A
Victim/Offender Relationship 00 N/A DVR A NOT APPLICABLE
Alias Place of Birth

Officer/ID: MARTIN ROBBIE L #2076 Case# 201000081051 Date 11/10/2010 PAGEt13

 I ORIGINAL I Sarasota County Sheriffs Office
Sarasota County, Florida

ON 11-9-10 I RESPONDED TO THE INCIDENT LOCATION FOR A SUSPICIOUS PERSON.

UPON ARRIVAL I MET WITH THE COMPLAINANT WHO ADVISED THAT SOMEONE APPEARED
TO BE LIVING IN HER HOUSE AT 3226 SAVOY WAY. THE COMPLAINANT STATED THAT
SHE NOTICED THAT SOMEONE WAS THERE WHEN SHE STOPPED BY TO CHECK ON THE
HOUSE AND THAT SHE HAD NOT RENTED THE HOUSE OR GIVEN ANYONE PERMISSION TO
LIVE THERE. SHE ADVISED THAT THE HOUSE WAS IN FORECLOSURE, HOWEVER SHE
HAD BEEN WORKING WITH THE BANK TO DO A SHORT SALE OR POSSIBLY GET THE
HOUSE BACK. THE COMPLAINANT STATED THAT SHE CHECKED ON THE HOUSE
APPROXIMATELY TWO WEEKS AGO AND NO ONE WAS LIVING THERE AND ALL OF HER
FURNITURE AND BELONGINGS WERE STILL INSIDE OF THE HOUSE.
I WAS ABLE TO MAKE CONTACT WITH JUDD HOFFMAN INSIDE THE RESIDENCE WHO
STATED THAT HE WAS GIVEN PERMISSION TO LIVE AT THAT RESIDENCE BY A
COMPANY CALLED "SAVE OUR HOMES". HE PROVIDED A DOCUMENT AND A BUSINESS
CARD OF THE OWNER OF THE COMPANY. I CONTACTED THE COMPANY OWNER JOEL D.
MCNAIR TO INQUIRE ABOUT HIS COMPANY AND THE SUBJECT LIVING IN THE HOUSE.
MR. MCNAIR STATED THAT HIS COMPANY GETS LISTS OF FORECLOSED HOMES AND
PLACES INDIVIDUALS AND FAMILIES IN THOSE HOMES UNDER F.S.S.95.1B. HE
STATED THAT HE DOES NOT WORK WITH OR NEED PERMISSION FROM THE LISTED
HOMEOWNER OR BANK TO PLACE PEOPLE IN THE HOMES. HE ALSO STATED THAT THE
PURPOSE IS TO KEEP THE FORECLOSED HOMES FROM BEING BURGLARIZED OR
VANDALIZED AND TO HELP MAINTAIN THE PROPERTY WHICH KEEPS PROPERTY VALUES
HIGHER. SGT. LEONARD WAS NOTIFIED OF THE INCIDENT WHO ASSISTED IN
RESEARCHING THE STATUTE THAT WAS PROVIDED AND CHECKING ON THE LISTED OWNER
OF THE PROPERTY.

I PROVIDED THE COMPLAINANT WITH THE DOCUMENT, COMPANIES NAME AND

OWNERS PHONE NUMBER AND ADVISED HER TO CONSULT WITH A LEGAL ADVISOR TO
VERIFY IF THE STATUTE THAT WAS PROVIDED GIVES THE AUTHORITY TO OCCUPY THE
RESIDENCE. NO FURTHER ACTION WAS TAKEN.

Officer/lD: MARTIN ROBBIE L #2076 Case# 201000081051 Date 11/10/2010 PAGE #4

 SARASOTA COUNTY SHERIFF'S OFFICE
INVESTIGATIVE REPORT

VICTIM: April Joyce Irwin CASE#: 10-81051

W/F 04/25/1972
5'01" 1401bs. Bro/Blu
7714 Westmoreland Dr.
Sarasota, FL 34243
(941) 812·2578

OFFENSE: Scheme to Defraud DATE TYPED: 01/03/2011

Grand Theft Over $100,000.00
STATUS: Arrest-E

PERIOD COVERED UNDER INVESTIGATION: 11/09/2010· To date

DET: Gregory J. Cramer #1045 €:f-- SUPV: Sgt. C. Felix #659

Scr
COPY TO: SAO tftr5?
RELATED CASE (S): SSO 10·80501, SSO 10·85788, SSO 10-85060,
SPD 10-40449

INDEX

DATEITIME OF OFFENSE: 11/09/20102132 hours

LOCATION OF OFFENSE: 3226 Savoy Way

Sarasota, FL

COMPLAINANT: S.A.A

WITNESS/OTHER: Judd D. Hoffman

W/M 08/25/1948
6'00" 1801bs. Gry/Bro
718 S. Tamiami Trail
Sarasota, FL 34229
(941) 223-0716
 2 Case #: 10-81051

Ada D. West
W/F 03/18/1958
5'06" 1501bs. Bln/Blu
(407) 687-2023

James Joseph Atno

W/M 01/22/1966
5'09" 2501bs. Blk/Bro
3227 Savoy Way
Sarasota, FL 34232
(941) 377-6358

Ken Peters
Property Appraiser's Office
(941) 861-8274

Denise Sam
Tax Collector's Office
(941) 861-8385

Erick Herbert Knight

W/M 08/12/1965
5'11" 19OJbs. Bro/Bro
1365 Harbor Dr.
Sarasota, FL 34239
(941) 586-9927

SUSPECT: Joel D. McNair

BIM 12/2511950
6'00" 1801bs. Bro/Blk
9240 Midnight Pass Rd. D
Sarasota, FL 34231

7350 S. Tamiami Trl

Sarasota, FL 34231
(941) 737-7919

VEHICLE USED IN CRIME: N/A

EVIDENCE STATUS: Taped statements in Property

 3 Case #: 10-81051

STOLEN/DAMAGED PROPERTY: The use of Mrs. Irwin's residence for the time
period Mr. Hoffman was placed there by the
defendant.

RECOVERED PROPERTY: N/A

ATTACHMENTS TO REPORT: Miscellaneous Documents

DRUG RELATED: N/A

 4 Case #: 10·81051

SYNOPSIS

The complainant called the Sheriff's Office to report that someone was living in her
residence that was under foreclosure. Patrol responded and was given the information
that a tenant was in the house under the guise of "Adverse Possession." It was not
understood what the process was and a civil disturbance was documented by Patrol. I
met with the owner of the house at the residence. She advised that her house was in
the beginning stages of foreclosure, but she was still working with the bank to salvage
her mortgage. The subject in the residence was told that he needed to leave as soon as
physically possible because he had no right to the residence at all, and was a squatter.
The owner of the house agreed to let the squatter have a couple of days to move his
furniture and his family out. Grand Theft and Scheme to Defraud charges would be filed
against the person that facilitated the "rental" of the property because he had no right to
the property.

INVESTIGATION

I was contacted by Sgt. Felix to follow up on this case.

11/10/20101611 Hours

I took a sworn recorded statement from Judd Hoffman reference this case. He advised
he that heard about the business through a friend. He could not remember which friend
gave him the information. When he went to meet with McNair at the address on
Washington Blvd., he advised that he gave them his social security number, his
daughter's name and his wife's name. They had him pay a one-time fee of $495.00 and
a monthly payment of $494.31 on a month to month basis. A one page contract
(Provisional Occupancy Membership Agreement) was signed by Hoffman and he was
unsure which one of the representatives signed the contract for the business. It was
either one of two Eric's that work for McNair, or McNair himself. The agreement stated
that the payment covered 1/12 of the property taxes owed, a maintenance service fee,
association dues when applicable, and a management fee. Interview stopped at 1617
hours.

The interview started again at 1623 hours. Hoffman stated that he understood that he
was not signing a lease agreement, he was not a tenant, and that Homes for
American's was not a landlord. He also understood that if the house sold, he would
have to move out of the house, but Homes for American's would find him another place
to live. Hoffman was told that they did not put people in houses that have for sale signs
in front of them, so he was confident he would not have to move.
 5 Case #: 10-81051

The contract has a place for a notary to sign and stamp it, but it was not notarized. The
contract stated that the payment was to be by money order or cashier's check, made
out to Homes for American's, LLC.
Hoffman stated that he thought that there was a lender involved and that he believed
the price was around $100,000.00. He also stated that he would be interested in buying
the house.

11115/20101015 Hours

I met with Ken Peters, of the Property Appraiser's Office, to get a copy of the adverse
possessions for Sarasota County. There are only nine for the entire county and three of
them were filed by Joel McNair. It is not known at this time if the taxes were paid by
McNair, but that will be researched.

11/15/2010

I made contact with Det. Carter (SPD) and asked if he had any similar cases. He
advised he did, with the same suspect. He agreed to meet with me to discuss the cases
and the course of action. Carter also gave me a phone number for Mark Kohler of the
Department of Agriculture. I made contact with Kohler and he stated that he would like
to attend the meeting for this suspect and may have input for additional charges.

11/1612010

I received a fax from Pasco County Sheriffs Office that had an arrest affidavit of a
similar case they worked and made an arrest on. Sgt. Peek (800-854-2862 ext 7797)
forwarded the affidavit written by Det. Gary Souto and stated that Det. Souto would
send the rest of the investigative information to me for reference in this case.

11116/20101130 Hours

I attended a meeting with Det. Dusseau, Sgt. Felix, Lt. Mayer, Sgt. Pingel, Det. Carter
(SPD), and Officer Kohler from the Department of Agriculture. It was determined that a
meeting would be scheduled with McNair. McNair made several requests to meet with
personnel from the Sheriff's Office. At his own request, McNair wanted to come in for
an interview with his attorney. Pending the outcome of the meeting. McNair could
possibly be arrested at a later time.
 6 Case #: 10-81051

11/16/20101619 Hours

I took a sworn recorded statement from April Irwin, the owner of the house located at
3226 Savoy Way. She stated that she started the foreclosure on her house in July of
2009, but had not had the final order to move out, so she was still responsible for the
house and rightfully the owner.

She stated that she went by her house on Savoy on 11/09/2010 to check on it. When
she arrived she found that someone was in the house, the lights were on, and that
there was a car in her driveway. She went to a neighbor's house and called the Sheriffs
Office to have them respond to document the situation and attempt to get the people
that are occupying her house removed. The deputies that responded documented a
civil disturbance because of the complexity of the situation.

Irwin provided copies of her Warranty Deed and mortgage information, as well as
copies of her foreclosure paperwork to prove ownership of the house. I also confirmed
she was listed as the owner through the Tax Collector and Property Appraiser's Office.

11/17/20101300 Hours

Mr. McNair and his attorney, Andrew Mikos, agreed to meet at the Sheriffs Office.
McNair also brought his office manager, Ada West. Also present during the interview
were Sgt. Felix, Sgt. Pingel, Lt. Mayer, Det. Dusseau, and Det. J. Carter from SPD.
Everyone introduced themselves and agreed to identify themselves as they spoke.
McNair stated that he had paid to have legal research done by a company from Virginia
that would allow him to use the adverse possession statute to place people in houses.
McNair went on to speak for almost two hours and fifteen minutes to explain why he
believed what he was doing was legal under the adverse possession statute.
If further details reference the interview is needed, the interview was placed into
Pr~perty for review.

This interview assisted in acquiring probable cause for his arrest through his own
admissions of his involvement.

11/18/20101600 Hours

Probable Cause Affidavits and Arrest Warrants were prepared, approved by the State
Attorney's Office, and taken to Judge Berlin for approval and signing. The warrants
were signed and attempts were made to locate McNair.
 7 Case #: 10·81051

11/19/20101815 Hours

McNair was located by Lt. Mayer and Sgt. Felix at 5745 N. Washington Blvd, his
business location, and was arrested without incident. He was transported to the North
County Jail for processing.

11/20/2010

Det. Dusseau prepared a search warrant in her name as well as mine for the business
owned and operated by McNair, located at 5745 N. Washington Blvd.

11/22/2010

The search warrant was served at 5745 N. Washington Blvd. See the listed property
receipt for the items that were seized and placed into Property.

11/23/20100230 Hours

A subpoena was written for bank records pertaining to this case and forwarded to the
State Attorney's Office. The subpoena was signed off by Craig Schafer for approval.

11/23/20101554 Hours

The subpoena was sent to Darlene Hathaway with Wachovia Bank security for the
records of the bank account affiliated with this case. Wachovia account number
2000036755835 was listed on a bank statement that was found when the search
warrant was completed at the defendant's business, Save our Home,LLC. She advised
the original would need to be given to one of the local branches.

11/2412010

I prepared a search warrant to obtain possible information pertaining to this case from
the two computers that were seized during the search warrant of the business. The
search warrant was taken to the SAO for review and approval. It was approved and
taken to Judge Berlin for review and signing.

I made contact with Det. McHenry to check his availability to serve the search warrant
on the computers. He stated that he could meet with me on Tuesday 11/30/2010 at
approximately 0900 hours to serve it and attempt to extract information pertaining to
this case.
 8 Case #: 10-81051

11124/20101130 Hours

I met with Sgt. Carter from SPD to discuss similar cases. He gave me a copy of the
interview that he conducted with Erick Knight. Carter advised that Knight was
cooperative and stated that he would be a good witness for the investigations. Knight
had stated that he did the cleanup of some of the residences. Knight also lives in one of
the houses that McNair "acquired," Knight and his roommate each pay $500.00 a
month to live there. Knight told Carter that McNair was supposed to be paying him, but
he hadn't been paid in weeks. Knight even told Carter during the interview that he felt
like he was "scammed" by McNair.

11/3012010

I received the bank records for account number 2000036755835. They show the
following deposit and withdrawal amounts:

August:
Deposit total-$16,057.19
Withdrawals from counter-$11,460.00

September:
Deposit total-$18,205.24
Withdrawals from counter -$15,000.00

October:
Deposit total-$19,229.63
Withdrawals from counter- $13,760.00

The total amount taken from counter withdrawals was $40,220.00. This total did not
include monies used at stores for what appears to be personal use. .

11/30120101015 Hours

The search warrant was read to and executed on the computers. The computers were
turned over to Det. J. McHenry to extract the information off of the computer to look for
business files related to this case.

12102/20101411 Hours

The computer search warrant was taken to the Clerk's Office and clocked in.
 9 Case #: 10·81051

CONCLUSION

I recommend that this case be closed with the arrest of 81M Joel D. McNair 10/25/1950
for Scheme to Defraud and Grand Theft of $100,000.00.
There are several other jurisdictions that have active cases with McNair for similar
crimes as well as other types of mortgage fraud. The listed agencies and Detectives
have contacted me with interest in using a state wide prosecutor because of the many
jurisdictions involved:
Det. Gary Souto, Pasco County Sheriffs Office· (352) 518·5023
Det. Sherry Doty, Lakeland PO - (863) 834-8979
Det. Philip Newman, Hillsborough County Sheriffs Office· (813) 247-8664
Det. Mindi Martini - Deluca, Manatee County Sheriffs Office - (941 )747-3011 Ext. 2215
Oet. Jack Carter, Sarasota City PO - (941) 809·0317
 ·.
HO~1ES FOR Alv1ERlCANS, LLC

PROVISIONAL OCCUPANCY MEMBERSHfi> AGREEMENT

(This program is being done with regard to and under the authority of the Adverse Possession of land and homes;
FJa. Starute 95.18)

This agreement i~g entered into between,

1:11)'.012 ld
PAN hereafter, known as Occupants and Homes
for Americans, hereafter known as HFA. It is understood by both parties, that this,iis not lease, they are not
tenants, we are not landlords, nor do we own said property. This is a temporary Occupant Agreement This
is a month to month agreement between the two parties.

Property Location: 3'Z2.h S'AVOY WA'1 i 5AtUlSDTAtfL.

OCCUPANT AGREES TO THE FOLLOWING:

1. An annual membership,fee of $495.00 is due at the time of signing this agreement.

2. To live in and pay aU utilities on said home. Occupant agrees to put utility bills in their name.
3. To maintain the cleanlin.ess and appearance of the property.
4. Occupimt(s) agrees to not engage in any illegal conduct or allow any such conduct on said property.
5. To make monthly payments, on time each month to HFA. Monthly payment is $ 494. 31 .
Payment covers 1112 of the properly taxes owed, .maintenance service fee, Association dues, when
applicable and management fee.
6. This property must onlybe used as a Single Family Home, and not to be used for multiple families.
7. Occupant understands if monthly payment is not received on time the..£.J..a.s.r:.-of each month, .
prompt legal action will:be taken:' " " .
8. Occupant agrees that BFA has made full disclosure to them of the said status of property. By utilizing
Fla. Statute 95.18., it is our goal and intent to help provide Americans decent affordable housing.
9. Should Occupant desire to own said prope , A will assist Occup~t in said endeavor, or will assist
in fmding er bome, within ur pro~

~:\:::jI==::f-L_':::""':"'--...l..-.:tcl..'\\4~"';_'-_--"":-"':-_-_ _ _ _ _ Date: ~tt3 tkk (20 10

Occupant Two: _ _ _ _ _ _--::;".--_ _ _ _ _ _ _ _ _ _ _ _ _ _ Date: _ _ _ __

Homes for Americans, LLC _ _ _ _ _ _ _ _ _ _ __

STATE OF FLORIDA

COUNTYOF _____________

SWORN TO (or affIrmed) AND SUBSCRIBED before me by _ _ _ _ _o.n this _ .day of___--', 20_ _ .

Personally Known or _ Provided ID_ NOTARY PUBLIC

Name:
Type of Identification Provided _ _ _ __ My Commission No. Is:
My Commis~ion Expires:
 SARASOTA COUNTY SHERIFF'S OFFICE
· .
PRE-RAP
Defendant Speaks (Circle Oue) : EngUsh Other
SSO Case #: D, '4"1 o~( Pre-Rap Time:
Defendant's Name lL/PilVl]: tv' (! ,vA-l:It I Jo~ (. /),
..... -
Aliases:
Race: & Sex:,AA. DOB:
SSN:
AGE: 00
..
/'OIXISO
Height: ta~ Weight: (..,)" Hair: 6 UJ Eye: ~
ScarsIMarkslTattoos: Place of Birth: A.I~~.IU(.
Home Address:
City: State: Zip Code:
Cbarges Bond
"ro [) 6Hv>rvt:l 4>1') ~-

Warrant#:
Arresting Officer: D ~ ~~ ID#: IOV('" Agency: S>'\5
Arrest Date: U-I ~ - (o Time: I ~)" Zone: ( Grid: 'oc) {

Towing Service: N A
Victim Info: ~

OBTS# S-b 0 (f S,<i7c

Booking# INTAKE CHECKLIST Name/lBJL.
Pin# Medical Clearance (Nurse) ///(.rr-,( A
Initial Search (Deputy)
Agency#
Property (Deputy)
Booking Tech# 2nd Search (Deputy)
Intake Screening (Booking) Ur.s:-
Medical Screening (Nurse)
FDLE# 6 (70 "'Z..8 Z4: Phone Enroll / Call (Deputy)
FCIC

)~
AFIS (Deputy)
NCIC Mug Search (Deputy)
Local Pre Trial Services (PTS)
Supervisor (SgtILt)
Booking Verifies (Booldng)
White - Records Yellow - Booking I Corrections Pink - MisCellaneous
CD~1l Revised June 21, 2006 0S2tI16
 PROBABLE CAUSE At=FIDAVIT AffIX label here
Sarasota County

AGENCY ~ ssa 0 sPO o FHP 0 VPD D NPPO 0 LBPO 0 OTHER iii ORIGINAL
SSO CASE # 10-81051
o SUPPLEMENTAL

AGENCY CASE # UTC#

ADULT - ARREST I:?!:l WITH WARRANT JUVENILE o ARRESTED 1DETAINED

o WITHOUT WARRANT o ARRESTED 1RELEASED WITH REFERRAL
o NON ARREST COMPLAINT o NON-ARREST REFERRAL
(LAST. FIRST. MIDDLE INITIAL)
o TEEN COURT REFERRAL
(LAST. RRST. MIDDLE INITIAL)
0 DEFENDANT
E
F
DOB
10/25/50
Mcnair, Joel D.
I AGE
60 IS~ I RA~E I HGT
600
ALIAS
WGT
175
J COLOR HAIR
Bald
1 COLOR EYES
Bro
E CITY STATE ZIP
"

N ADDRESS 7350 S. Tamlami TrLApt 98 Sarasota, FI34231

0 PHONE # SCARS/MARKSfTATTOOS
A
N
T
941-737-7919
OJ:!!

-- -
ST
FL
SOCIAL SEC# I I
PLACE OF BIRTH
CITY

New York
STATE

OCCUPATION I EMPLOYER
Business Owner Self-8ave Our Home/Homes For Americans
EMPLOYER ADDRESS PHONE #
5745 N. Washington Blvd Sarasota, FI
CITIZENSHiP ,'MM'GRATION STATUS
~: ~~~3:GAL RESIDENT OF US
I I1 1. CITY
2. COUNTY
(941) 737- 7919
RESiDENCE TYPE ,
2
, RESIDENCE STATUS
~ ~.;i.LYR 1
,INFLUENCE
OFDRUGS/
ALCOHOL
DYES
DYES
OND
ONO
~UNK
iZUNK
3. UNDOCUMENTED ILLEGAL ALIEN 3. FLORIDA 2. PARTVR
4. UNKNOWN 4. OUT OF STATE 3. NON-RES

DATE & TIME OF CRIME

11/09/10 2132
I CRIME LOCATION
3226 Savoy Way Sarasota, FI
I LOC
TYPE 01
I ZONE I GRID
005 127
C F.S.lORD# CHARGE I8IFELONY UMISD BOND J{OQ Q!I-
R 812.014 (2)a(1) Grand Theft Of $100,000 Or More
I F.S.lORD# CHARGE ~FELONY UMISD BOND ~
M 817.034(3)d Florida Communications Fraud Act (Scheme To Defraud) IfaD
E F.S.lORD# CHARGE OFELONY OMISD BOND

E INVESTIGATING L.E.O. 10#

V Det. Grea Cramer 1045

I
5. POUND

I I
DRUG 1. GRAM 3, KILOGRAM 1. LrrER 8. OOSElUNITI
E UNIT 2. MILlIGRAM 4. OUNCE 6. TON 8. MlI.lIUTER ITEM N
DRUG E. HEROIN M. MARIJUANA U. UNKNOWN M. MANUF/cULT • P. POSSESS
N TYPE H. HALLUCINOGEN A. AMPHETAMINE Z. OTHER N. NlA DRUG S. SELL B. BUY
T.
I<.
TRAFFIC
DISTRB
T N ACTIVITY N .-

I I I I I
O. OPIUMIOERIV B. BARBITURATE P. PARAPHERNALIA E.USE U. UN!( R SMUGGLE
C. COCAINE S. SYNTHETIC EQUIPMENT D. DELIVER Z. OTHER N. NlA
TYPE WEAPON 00. NlA 04. UNK FIREARM 08. POISON 12. SIM WEAPON CALIBER FINISH WEAPON
01. HANDGUN OS. KNIFEICUTTING 09. EXPLOSIVES 13. DRUGS GAUGE B. BLUE
SEIZED 0 YESO NO 02. RifLE 06. BLUNT OBJECT 10. FIRE/INCENDIARY 88. UNKNOWN 00 N S. SILVER N.
03. SHOTGUN 01. HANDSIFISTIFEET 11. THREATIINTIMID 99. OTHER O. OTHER

DATE & TIME OF ARREST I ARREST L.E.O.lIO# I ASST L.E.O.lIO#

A E ARREST LOCATION I ZONE I GRID

R
R
E
V
E CAPIASIWARRANT #
N
I COUNTY & STATE OF WARRANT

S
T
T DATE BOOKED I TIME BOOKED RETURNABLE DATE/r
/J.I{7j
Ato BOOKING OFFICER
-
RELEASED BY RELEASED TO DATEfTIME RELEASED

(LAST. FIRST. MIDDLE INITIAL) HOME

V VICTIM NAME Irwin, April J. PHONE # 941-812-2578
CITY STATE ZIP BUS
I
ADDRESS PHONE #
C
T DOB
04l25n2
7714 Westmoreland Dr. Sarasota, FI 34243
I AGia I SEXF IRA~ I NOTIFIED DYES
TIME
DNO
 PROBABLE CAUSE AFFIDAVIT
Sarasota County

~ ORIGINAL - PAGE 1 of 3 o SUPPLEMENTAL - PAGE of

DEFENDANT SSO BK# AGENCY CASE #

Mcnalr,Joel D. 10·81051

~ADULTCASE o JUVENILE CASE

STATE IN DETAIL WHAT THE DEFENDANT DID THAT YOU ALLEGE WAS ILLEGAL. INCLUDE EVENTS THAT LEAD UP TO
THE INCIDENT; ALSO INCLUDE WHY DEFENDANT ACTED AS HE DID IF THIS IS KNOWN. HEARSAY IS PERMISSIBLE AND
RELEVANT COMMENTS OF THE DEFENDANT OR WITNESSES INVOLVED SHOULD BE SUMMARIZED. (INCLUDE WHO,
WHAT, WHERE, WHY, WHEN, HOW)

On 11/09/2010 at 2132 hours, the victim, April Irwin, was going to her residence located at 3226
Savoy Way. When she arrived she found a car in the driveway, the lights on, and ultimately the Hoffman
family inside the residence. She contacted the patrol division and had a deputy respond to remove the family
from her residence. The resident gave the deputy a phone number for the defendant, Joel McNair. When
McNair was contacted by the responding deputy he gave him FSS 95.18 as the reason the people are in the
residence. The statute outlines Adverse Possessions. The deputy wrote this incident as a civil disturbance
until more information could be learned about the Adverse Possessions statute.
Your Affiant is a detective in the Criminal Investigations Section for the Sarasota County Sheriffs
Office and was given this case for follow up on 11/10/2010.
The original concept of adverse posseSSion was researched and was found to have been written in
the sixteenth century. The first case of adverse possession that appeared in the United States was in North
Carolina in 1715. The statute was written to legally displace a land owner and give legal title to the adverse ...
possessor. The stipulations of the adverse posseSSion statute state that if a person occupies a parcel of real ,
property for seven consecutive years and does not possess a legal document to validate a claim to the f
property, the person may then acquire ownership of the property via adverse possession. The adverse .
possessor must first file a return (DR-452) with the property appraiser's office. He/she must also pay all"
property taxes and liens. Finally, the person filing the adverse possession claim without color of title must
demonstrate that he/she cultivated or improved the land in some manner or protected the land subject to the
claim by a SUbstantial enclosure (typically a fence).
Your Affiant interviewed Mrs. Irwin to determine the status of the property and her foreclosure
situation. She advised that this started when she went to her residence on Savoy to check on it and retrieve
some of her personal items that were still in the house. She has done this regularly since she moved out of
the home in June of 2010. The reason she moved out of the home is because she had started the
foreclosure process with her bank in July of 2009. The bank advised her that at any given time when the
process was complete, she would be given 48 hours to get out and she did not want to have to find a place to
live and move in that short of a period of time. Therefore, she moved

o ADDITIONAL PAGES - ATTACHED AND INCORPORATED HEREI

SIGNATURE OF L.E.OJAFFIANT 10# 1045

----,r~~~C===~-----
SWORN TO (OR AFFIRMED) AND SUBSCRIBED BEFORE ME THIS' 18 DAY OF November , 2010, BY
Gregory Cramer ~ WHO IS PERSONALLY KNOWN OR 0 WHO PRODUCED THE FOLLOWING
(PRINT LE.OJAFFIANT NAME)

IDENTIFICATION

~~U::..P:::..:...:.::_IS~.~
... R~S::..I:...N~~::::::::..E=-c.
.... _ _ _ _ 10# ,,~-,
 PROBABLE CAUSE AFl=ioAVIT
Sarasota County
[8J ORIGINAL - PAGE 2 of 3 o SUPPLEMENTAL - PAGE of

DEFENDANT SSOBK# AGENCY CASE #

Mcnair, Joel D. 10-81051
~ADULTCASE o JUVENILE CASE
STATE IN DETAIL WHAT THE DEFENDANT DID THAT YOU ALLEGE WAS ILLEGAL. INCLUDE EVENTS THAT LEAD UP TO
THE INCIDENT; ALSO INCLUDE WHY DEFENDANT ACTED AS.HE DID IF THIS IS KNOWN. HEARSAY IS PERMISSIBLE AND
RELEVANT COMMENTS OF THE DEFENDANT OR WITNESSES INVOLVED SHOULD BE SUMMARIZED. (INCLUDE WHO,
WHAT WHERE, WHY, WHEN, HOWl

in with her fiance and would check on her house regularly as well as have the lawn maintained by a neighbor
so the residence would not be an eyesore. Irwin stated that she had checked the residence two weeks prior to
this incident and it was secured. Irwin stated that she never met either Hoffman or McNair and had not given
permission to either of them or anyone else to enter, occupy, or lease her residence. This establishes the fact
that she still owned and maintained the residence. She also furnished documents from her mortgage company
that showed her as the current owner. These documents show her mortgage amount to be $250,344.72. The
tax collectors site shows the sale amount from when she purchased the house as $290,000.00. This is.
consistent with the fact she stated that she put $42,000.00 down on the house when she purchased it. A.,
check of the "jusr property value and the "assessed" property value on the tax collectors site show the house ;
worth $100,400.00. She also has the documentation that shows the start of the foreclosure process and that it-
is not final. A check of the property appraiser's site shows that Irwin is the sole owner of the property located
at 3226 Savoy as of this date and that her property taxes are paid and up to date.
McNair had placed the subject, Judd Hoffman, in the residence that belongs to Irwin located at 3226
Savoy Way. Hoffman was Interviewed and stated that he heard about affordable houses for rent from a friend,
so he went to McNair's office located at 5745 N. Washington Blvd and signed up to be a member with Homes
For American's, LLC. When he signed up, he was given a list of houses to look at that were available.
Hoffman chose the one located at 3226 Savoy Way. McNair then had Hoffman sign a one page agreement
called. "Provisional Occupancy Membership Agreemenr. This agreement (see attached) lays out the fees and
rules of Homes For Americans. Hoffman stated that he paid the one time membership fee of $495.00 and the·
first month's payment of $494.31 and then moved into the house. The first thing that he did was tum the power
on in his name and then turned on cable and internet in his name through Comcast. Hoffman originally stated
that the house was empty when he moved In, but later admitted that there was property still in the house wheo
he moved in. Hoffman stated that he did not remove any of the property from the house, but according to a
statement from a neighbor, Hoffman and some of his friends removed some of Irwin's items that were in the.
house. .
McNair did this under the guise of FSS 95.18, adverse posseSSions. McNair owns and operates Save
Our Home, LLC and Homes For Americans, LLC. According to an interview with McNair himself, he and his
"agents" locate houses under foreclosure, research them both on the internet and in person to find out if they
are vacant, clean them, change the locks, mow the lawns, and then move their members into them for a one.
time fee of $495.00 and a monthly fee that consists of $175.00 maintenance fee, a $200.00 management fee,
and 1/12 of the property taxes

D ADDITIONAL PAGES - ATTACHED AND INCORPORATED HEREI

SIGNATURE OF L.E.O.lAFFIANT _ _ _+-_ _---'_ _-~--- 10# 1045 :~

r
SWORN TO (OR AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 18 DAY OF November , 2010, BY
Del Greg Cramer ~ WHO IS PERSONALLY KNOWN OR 0 WHO PRODUCED THE FOLLOWING
(PRINT LE.OJAFFIANT NAME) I I a
IDENTIFICATION SIGNATURE
181 L.E.O. 10 #
m
a {YP
nO 0 Cat ~ j 0£,
(lJ II
NOTARY
C,o.,~ 1\0
~~
U""PO<.E.!...:V-,~,-,S~..:.R,---"SI
T. . ;~:. . .: : E=. :. ."c._'
PRINT NAME (?fPl1..&Do
... __ _ _ 10# Id"
 PROBABLE CAUSE AFFIDAVIT
Sarasota County

181 ORIGINAL - PAGE 3 of 3 o SUPPLEMENTAL - PAGE of

DEFENDANT SSO BK# AGENCY CASE #

Mcnair, Joel D. 10-81051

cgJ ADULT CASE o JUVENILE CASE

STATE IN DETAIL WHAT THE DEFENDANT DID THAT YOU ALLEGE WAS ILLEGAL-INCLUDE EVENTS THAT LEAD UP TO
THE INCIDENT; ALSO INCLUDE WHY DEFENDANT ACTED AS HE DID IF THIS IS KNOWN. HEARSAY IS PERMISSIBLE AND
RELEVANT COMMENTS OF THE DEFENDANT OR WITNESSES INVOLVED SHOULD BE SUMMARIZED. (INCLUDE WHO,
WHAT WHERE, WHY, WHEN HOW)

so that they can be paid when they are due. McNair stated himself that he has not paid any of the taxes as of
yet and the money being held aside for the taxes are comingled into a general fund within his Wachovia
business bank account. McNair also stated that he has no intention of occupying the houses himself at any
time or to occupy them for the seven years it takes to take control under adverse possession.
McNair is operating offices and filing for adverse possessions in Sarasota, Manatee, and Hillsborough
Counties. He has multiple houses he is contracting to let people live in within each of the counties. In Sarasota
alone, McNair has eleven locations that he has admitted to, and more forthcoming. ._
McNair does not have legal rights to any of these locations and put "tenants" into them with the.
understanding that they would pay a monthly fee to him until either the person or the bank that owns the !
property contests the "tenant" being there, and then he will find the "tenant" another location to live within his;
organization. This has been occurring in Sarasota County for approximately two months and McNair plans to"
continue to facilitate the actions described above. _
Given the stated facts above, your Affiant Is requesting prosecution of 81M Joel D. McNair 10/25/1950 .
for violating Florida State Statutes 812.014 (2)a(1) Grand Theft of $100,000.00 or more by knowingly obtaining i
(taking or exercising control over property) and using the property of another with the intent to temporarily ;
appropriate the property to his or her own use of any person not entitled to the property and deprived the
victim of her residence and its use from 10/26/2010-11/15/2010. McNair also violated Florida state statute
817.034(3)d Florida Communications Fraud Act (Scheme to Defraud) by a systematic, ongoing course of
conduct with the intent to defraud one or more persons, or with intent to obtain property from one or more
persons by false or fraudulent pretenses, representations, or promises or willful misrepresentations of a future
act. This was done by Mcnair by leading people to believe that he has the right to allow them into a house that
does not belong to him, sign a month to month contract with him for said house, and collect fees for said
houses. This has occurred continuously at numerous locations over the past two months.
This incident occurred within Sarasota County Florida.

o ADDITIONAL PAGES - ATIACHED AND INCORPORATED HEREIN

SIGNATURE OF L.E.O.lAFFIANT - - - - , C - - ' - : : . . - - \ - - - - - - - tD# 1045

SWORN TO (OR AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 18 DAY bar , 2010, BY.
Oet. Greg Cramer 181 WHO IS PERSONALLY KNOWN OR 0 WHO PRODUCED THE FOLLOWING ,:
(PRINT L.E.OJAFFLANT NAME) ~

IDENTIFICATION SIGNATURE l1ll Ado Ca,t"j oPel

181LEO. 10 # ill:: [J NOTARY
SUPERVISOR SIGNATURE PRINT NAME C...,fu@"p C'A-AA.dic>
~~.-:;,;'"--,-:-.d?:,,,-,,=-.;;t:=.~=~--
.. 10# ~(1
 Sarasota County Sheriffs Office
Sarasota County, Florida ORIGINAL
INCIDENT 201000085060
REPORT INFORMATION
Case Number 201000085060 DatefTime Reported 11/26/201016:19
Offense Type NONoCRIME Swab DNA ? NO
OFFENSE
Offense 1/Statute 22C CIVIL DISTURBANCE Attempt:
Offense 2IStatute Attempt:
Offense 3/Statute Attempt:

EVENT DATA
DatelTime Occurred From: 11/261201016:19 DatelTime To: 11/26/201016:57
Incident/Offense Location
4409 ELEUTHERA CT SARASOTA
(Street# Dir Street Name SI.Type ApI# City)

Related Case Number Grid 148 Zone 010 Forced Entry A NOT APPLICABLE
Location Type 01 RESIDENCE/SINGLE
Weapons Type 00 N/A Nbr Premises 00 Nbr Offenses 00
Nbr Offenders 00 Nbr Arr Total 00 Nbr Arrest Adult 00 Nbr Arrest Juvenile 00

PERSON Type C3 COMPLAINANT ADULT Number 1

m Victim card given Type Number
D Confidential Type Number
Name NALEFSKI,JAMES K
(Last Name,First Name,Mlddle Initial)

Race WWHITE Sex M MALE DOB 06120/1958 Estimated Age Age 52 D A ADULT
Height 507 Weight 185 Hair GRY GRAY Eyes
Offense/Incident Indicator 11ST OFFENSE Extent Injury 0 NONE
Injury Type #1 00 NlA Injury Type #2 OON/A
Home Address
4444 MEADOW CREEK CI SARASOTA FL 34233
(Street# Dir Street Name St.Type Aptf# City State Zip)

Residence Type 2 COUNTY Residence Status 1 FULL YEAR

Home/Cell Phone (941)9221610 Business Phone
Employer/School
Employer's Address

(Streetf# Dlr Street Name 51.Type Unitf# City State Zip)

Occupation ScarslMarkslTattooslClothing
Foul Play AN/A Missing Previously A NlA Recovery Info ONIA
Victim/Offender Relationship OONIA DVR NNO
Alias Place of Birth

Officer/lD: MRUCZEK JASON #2105 Casel 201000085060 Date 11/27/2010 PAGE #1

*8
PERSON
1ORIGINAL

Victim card given

I Sarasota County Sheritrs Office

Type
Type
Sarasota County, Flonda

03 OTHER ADULT Number

Number
Confidential Type Number
Name KAREL,MICHAEL J
(Last Name,First Name,Middle InRial)

Race WWHITE Sex M MALE DOB 11/17/1983 Estimated Age Age 27 D

A ADULT
Height 511 Weight 165 Hair BRO BROWN Eyes HAZ HAZEL
Offense/Incident Indicator 11ST OFFENSE Extent Injury 0 NONE
Injury Type #1 00 N/A Injury Type #2 00 N/A
Home Address

(Street# Olr Street Name SI.Type Apl# City State Zip)

Residence Type 0 N/A Residence Status 0 N/A
Home/Cell Phone Business Phone
Employer/School
Employer's Address

(StreeI# Oir Street Name SI. Type Unil# City State Zip)
Occupation Scars/MarkslTattooslClothing TATTOOS ON ARMS
Foul Play AN/A Missing Previously A N/A Recovery Info ON/A
Victim/Offender Relationship 00 N/A DVR N NO
Alias Place of Birth

ADMINISTRATIVEI Crime Scene Approved By: LEONARD BRIG IT A #0598

Photos Taken NO By Whom? Dusted For Latent Prints NO
Prints Submitted NO By Whom? BOLO Requested By
BOLO Given to Cancelled Cancelled By?
Enclosures:
Copies To: L T MAYER
Clearance Code Exception Code

OfficerllD: MRUCZEK JASON #2105 Case# 201000085060 Date 11/27/2010 PAGE #2.
 I
,
ORIGINAL I Sarasota County Sheri~s Office
Sarasota County, Flonda
Supplemental Person Report
PERSON Type 03 OTHER ADULT Number 2
DVictim card given Type Number
o Confidential Type Number
Name MAGNUSON,ALOHNIA M
(Last Name,First Name,Middle In~ial)

Race W WHITE Sex F FEMALE DOB 01/29/1992 Estimated Age 0 Age 18 A ADULT
Height 506 Weight 115 Hair BLN BLONDE Eyes BLU BLUE
Offensellncident Indicator 11ST OFFENSE Extent Injury 0 NONE
Injury Type #1 00 N/A Injury Type #2 00 N/A
Home Address

(Streel# Dir Street Name 51. Type Apl# City State Zip)

Residence Type 0 N/A Residence Status 0 N/A

Home/Cell Phone Business Phone
Employer/School
Employer's Address

(Street# Dir Street Name St.Type Unit# City State Zip)

Occupation ScarslMarkslTattoos/Clothing
Foul Play AN/A Missing Previously A N/A Recovery Info 0 N/A
Victim/Offender Relationship DVR
Alias Place of Birth

PERSON Type 03 OTHER ADULT Number 3

8 Victim card given

Confidential
Type
Type
Number
Number
Name NALEFSKI,NICHOLAS J
(Last Name,First Name,Middle In~ial)

Race WWHITE Sex M MALE DOB 10/05/1979 Estimated Age 0

Age 31 A ADULT
Height 509 Weight Hair BRO BROWN Eyes BRO BROWN
Offensellncident Indicator 11ST OFFENSE Extent Injury o NONE
Injury Type #1 00 N/A Injury Type #2 00 N/A
Home Address
1810 NE 1ST TE CAPE CORAL FL 33909
(Street# Dir Street Name SI.Type Apl# City State Zip)

Residence Type 3 FLORIDA Residence Status 1 FULL YEAR

Home/Cell Phone (941)922-1610 Business Phone
Employer/School
Employer's Address

(Streel# Dir Street Name St.Type Unil# City State Zip)

Occupation Scars/MarkslTattoos/Clothing
Foul Play A N/A Missing Previously A N/A Recovery Info ON/A
Victim/Offender Relationship 00 N/A DVR N NO
Alias Place of Birth

Officer/lD: MRUCZEK JASON #2105 Case# 201000085060 Date 11/27/2010 PAGEt13

*I ORIGINAL I Sarasota County Sheriff's Office
Sarasota County, Florida

Complainant James Nalefski advised his son (Nicholas Nalefski) owns the
home at the incident location. The property (still owned by his son, who
lives in Lee County) was supposed to be vacant and going through
foreclosure proceedings. The complainant recently learned people were
living in the home.
I made contact with two subjects, Michael Karel and Alohhia Magnuson who
stated they were living at the residence. Michael said that he was
involved in the "Save Our Homes" program and thought he was their legally.
Michael was advised that the company had no right allowing them to stay
at the house.
Both subjects were advised that the homeowner was giving them 72 hours
to leave the residence.
NO further action was taken at this time.

Officer/ID: MRUCZEK JASON #2105 Case# 201000085060 Date 11/27/2010 PAGEtf4

 Sarasota County Sheriffs Office
Sarasota County. Florida ORIGINAL
INCIDENT 201000085060

REPORT INFORMATION
Case Number 201000085060 DatefTime Reported 11/28/2010 13:00
Offense Type SUPPLEMENT Swab DNA? NO
OFFENSE
Offense 1/Statute 22C CIVIL DISTURBANCE Attempt: C COMMITTED
Offense 21Statute Attempt:
Offense 3/Statute Attempt:

EVENT DATA
DatefTime Occurred From: 11/26/201016:29 DatefTime To: 11/26/201016:29
IncidenUOffense Location
4409 ELEUTHERA CT SARASOTA
(Street# Dir Street Name Sl.Type Apt# City)

Related Case Number Grid 148 Zone 010 Forced Entry A NOT APPLICABLE
Location Type 01 RESIDENCE/SINGLE
Weapons Type 00 N/A Nbr Premises 00 Nbr Offenses 01
Nbr Offenders 00 Nbr Arr Total 00 Nbr Arrest Adult 00 Nbr Arrest Juvenile 00

PERSON Type C3 COMPLAINANT ADULT Number 02

8
Victim card given
Confidential
Type
Type
Number
Number
Name NALEFSKI,NICHOLAS J
(Last Name,Flrst Name,Middle In~ial)

Race WWHITE Sex M MALE DOB _1_1__ Estimated Age Age N o

Height 510 Weight 245 Hair BRO BROWN Eyes GRN GREEN
Offensellncident Indicator 11ST OFFENSE Extent Injury o NONE
Injury Type #1 00 N/A Injury Type #2 00 N/A
Home Address
1810 NE 1ST TE CAPE CORAL FL 33909
(Streat# Dir Street Name St.Type Apt# city State Zip)

Residence Type 3 FLORIDA Residence Status 1 FULL YEAR

Home/Cell Phone (239)994-0564 Business Phone (239)936-4741
Employer/School WALGREENS
Employer's Address
CASSELL ST FTMYERS FL
(Street# Dir Street Name St.Type Unit# City State Zip)

Occupation MANAGER ScarslMarkslTatloos/Clothing

Foul Play A N/A Missing Previously A N/A Recovery Info 0 N/A
Victim/Offender Relationship 00 N/A DVR N NO
Alias Place of Birth

Officer/lD: COLWELL MARK #1348 Case# 201000085060 Date 11/29/2010 PAGE #1

* 10
R
IGINAL 1 Sarasota County Sheriffs Office

ADMINISTRATIVE! Crime Scene

Photos Taken NO By Whom?
Sarasota County, Flonda

Approved By: LYNCH KEVIN #0320

Dusted For Latent Prints NO
Prints Submitted NO By Whom? BOLO Requested By
BOLO Given to Cancelled Cancelled By?
Enclosures: TRESPASS WARNING
Copies To:
Clearance Code Exception Code

Officer/lD: COLWELL MARK #1348 Case# 201000085060 Date 11/29/2010 PAGE ff1.
*1 ORIGINAL 1 Sarasota County Sheriff's Office
Sarasota County, Florida

THE COMPLAINANT CAME INTO THE NORTH COUNTY FRONT DESK TO PROVIDE
ADDITIONAL INFORMATION REGARDING THIS CIVIL MATTER.
C3-2 IS THE OWNER OF THE INCIDENT LOCATION. ON 11-26-10 SSO RESPONDED TO
THE INCIDENT LOCATION IN REFERENCE TO PEOPLE LIVING IN HIS FORECLOSED
RESIDENCE AS PART OF THE "SAVE OUR HOMES PROGRAM". C3-2 WAS NOT PRESENT AT
THE TIME BUT WAS ADVISED TO GO TO THE FRONT DESK AND COMPLETE A TRESPASS
WARNING AGAINST THE CURRENT OCCUPANTS.
A TRESPASS WARNING WAS COMPLETED BY C3-2 AND SUBMITTED WITH THIS REPORT.
TTY OP 2673 ENTERED THE SUBJECTS INTO NCIC/FCIC AS TRESPASSED.

Officer/lD: COLWELL MARK #1348 Case# 201000085060 Date 11/29/2010 PAGEf13

 SARASOTA COUNTY SHERIFF'S OFFICE
INVESTIGATIVE REPORT

VICTIM: Nalefski, Nicholas J. CASE#: 10-85060

W/M 10/05/79
5'9 Bro/Bro
1810 NE 1st Ter.
Cape Coral, FL

OFFENSE: Scheme To Defraud DATE TYPED: 01/18/11

Grand Theft

STATUS: Arrest- E

PERIOD COVERED UNDER INVESTIGATION: 12117/10 to date

DET: C. Dusseau #137& SUPV: Sgt. K. Pingel #41~

njk
COpy TO: SAO

RELATED CASE(S):

INDEX

DATEITIME OF OFFENSE: 11/26110 1619

LOCATION OF OFFENSE: 4409 Eleuthera Ct.

Sarasota, FL

COMPLAINANT: Nalefski, James K

W/M 06/20/58
5'7/185Ibs.
4444 Meadow Creek Cir.
Sarasota, FL
941-922-1610

WITNESS/OTHER: Karel, Michael J.

W/M 11/17/83
5'11/1651bs. Bro/Hzl
4409 Eleuthera Ct.
Sarasota, FL
941-822-3571
 2 Case #: 10-85060

Magnuson, Alohnia M.
W/F 01/29/92
5'6/115 Ibs. Bln/Blu
4409 Eleuthera Ct.
Sarasota, FL
941-623-7472

Kilpatrick, David
941-822-3474

ARRESTEE: McNair, Joel D.

B/M 10/25/50
6'0/175 Ibs. Bald/Bro
7350 S. Tamiami Trail #98
Sarasota, FL
941-737-7919

VEHICLE USED IN CRIME: N/A

EVIDENCE STATUS: Detail Information for Parcel- Property Appraiser

Clerk of Court Records
Tax Collector Tax Record

STOLEN/DAMAGED PROPERTY: 4409 Eleuthera Ct. $179,000.00

RECOVERED PROPERTY: 4409 Eleuthera Ct. $179,000.00

ATTACHMENTS TO REPORT: PCA

Property Receipt

DRUG RELATED: No
 3 Case #: 10-85060

SYNOPSIS:

The complainant filed a report with the Sarasota County Sheriffs Office on behalf of his
son, Nicholas Nalefski, who did not reside in the county. The complainant reported that
unauthorized occupants were residing in his son's home on Eleuthera Ct., which was in
the foreclosure process and was to be vacant.

12117/10·0800 hours:

I received this case for further investigation.

Case 80501 will serve as the master case for this investigation.

CONCLUSION:
This case is to be closed with an arrest. McNair is be charged with Scheme to Defraud
as per FSS 817.034(3)D and Grand Theft as per FSS 812.014(2)a(1) in that:

Chg 1: The defendant did in a systematic, ongoing course of conduct with the intent to
defraud and obtain the property of the victim by false pretenses and willful
misrepresentation, place unauthorized persons into the victim's residence and did
accept monetary compensation in excess of $300.00.

Chg 2: The defendant did knowingly endeavor to obtain the residence located at 5016
Sandy Shore Ave. in the County of Sarasota with the intent to temporarily or
permanently deprive the owner of the right or benefit of said property for his own use or
the use of any person not entitled to the use of the property. The property has a current
market value of approximately $179,000.
, l
SARASOTA dOUNTY SHERIFF'S OFFICE \()
PRE-RAP
Defendant Speaks (Circle One) : Other
SSO Case #:

Aliases: SSN:
Race?'"" is) Sex:m DOB: AGE:
Height: Weight: Hair: Eye:
ScarslMarksrrattoos: Place of Birth:
Home Address:
City: State: i Zip Code:

OBTS#£C(lJ \ l(£'AlL(
Booking#
Pin#
Agency#
3d5't4
Booking Tech#

FDLE# O\'JCQ~dY
FCIC
NCIC
Local
5'-/
>.

?@Cti5&
WlUte - Records Yellow - Booking / Corrections Pink - Miscellaneous
CD 05-013 Revised June 21,2006 G52#16
 IN THE CIRCUIT COURT IN AND FOR SARASOTA COUNTY, FLORIDA

STATE OF FLORIDA
Zoto tP O( ~3CfN(..
SAO NO.
vs.
~
CAS~.
#t
McNair, Joel D 10-85060

ARREST WARRANT fk;f tJuu~

TO ALL AND SINGULAR SHERIFF'S, POLICE OFFICER~ETINGS

WHEREAS, complaint on oath and in writing, 51 ~ed by sworn testimony has been made
before me, the undersigned MAGISTRATE in and for ~~~ta County Florida, by:
Detective C. Dusseau #1370 of the Sarasota County Sheriff's Office

THAT affiant states that did commit a scheme to defraud and a grand theft

as per the below noted Florida Statutes

in violation of Florida Statute

~P"
817.034fS)fJ ",~"~,,
.f' r~ . 'J

812.014(2)A(1)

AND it appears to the Court that probable cause for th~ssuance of this warrant has been

shown thereby and the Court being satisfied of the eXisterjit the grounds therefore.

NOW, THEREFORE, you are commanded Wi~ proper and necessary assistance that

may be necessary to arrest: McNair, Joel D. t~

B/M 10/25/50 ~
6'001195 BI~
'"

1., :

and bring \;:t. M before me or other County or Circuit Judge having jUrisdictio~~~iS ~e~i.
.p:;?2 C': -.. ':';.',
"':3 ~ .~-.

BAIL shall be set at $ ~iL1 f '!Yith a return date of the ~ day of _ _ __

WITNESS my hand and seal this ~ day of Jt-~/, .j1l.J2..

~DFORSA!!~~~~~I.
]
, ,
PROE ABLE CAUSE AFFIDAVIT
Sarasota County
AJfix label here
....... -...... -. ---.- ...... -- . -_ ...... _ . _. _- .. -._ ..............
AGENCY IZI SSO o 0 0 ~ORIGINAL
j I SSOCASE# 10-85060
DSPD DFHP

I SSO BK#
[PVPD NPPD LBPD
2otoJPOf5"f43(/. /.Ie,
IOBTS#
o SUPPLEMENTAL
I ARREST#
OTHER

I AGENCY CASE # I SAO I FDLE# I UTe#

ADULT· ARREST ~ WITH WARRANT JUVENILE g ARRESTED I DETAINED

o o
o
WITHOUT WARR !'NT
NON ARREST CC IMPLAINT B ARRESTED 1 RELEASED WITH REFERRAL
NON-ARREST REFERRAL
TEEN COURT REFERRAL
(LAST. FIRST, MIDDLE INITIAL, (LAST. FIRST. MIDDLE INrrw.,

0 DEFENDANT ALIAS
E
F
008
10/25/50
Mcnair, Joel D
J AGE
60 IS~ I RA~E I600
HGT WGT
175
ICOLOR HAIR
Bald
COLOR EYES
Brown
E CITY STATE liP

N ADDRESS 7350 S Tamlami Trail #98 Sarasota Fl. 34231

D PHONE # SCARS~KS~ATTOOS
....
A
N
T
941-737-7919
Dlit ST
FL
SOCIAL SEC# I
PLACE OF BIRTH
CITY I
.• >;-
•• ,..
NeWcY.Q~k;;
~E ~

I EMPLuYl~R M
---
OCCUPATION .~;-.:

Business Owner Homes For America I

-
EMPLOYER ADDRESS PHONE# ':.:'.. --..J C
5745 N Washington Blvd. Sarasota Fl. 941-737 -l~i it
ClTlZl!NSHIl' 1 t»"'GRATlON STATUS
1. PERMANENTIlEGAL RESIDENT OF us
11 RES/DeMeo! T'iPE 1 RESIDENCE STATUS IINFLUCNc£:J: -4
......
'S CItro
""
ALCO~GC,::
1. CITY D. N1A OF D/WGSI: • DUNK
2. LEGAL VISITOR , 2. COUNTY 1 8ifs
c.n ~O
1. FULL YR DUNK
3. UNDOCUMENTED ILLEGAl AliEN ,. FLORIDA 12 2. PARTYR _.~;~J
4. UNKNOWN 4. OUT OF STATE 3. NON-RES

DATE &TIME OF CRIME

11126/10 ....u;19
I
CRIME LOCATI ON
4409 Eleuthe aCt.
lOC
TYPE
I01
ZONE I GRID
010 148
C F.S.lORD# ..,. CHARGE ~FELONY DMISD BOND
R 817.034(~" Scheme To Defraud-I lrolda Communication Act
I F.S.IORD# CHARGE I8IFELONY DMISD BOND
M 812.014(2)A( 1) Grand Theft (Over $1( 0000.00)
.1 E F.SJORD# CHARGE UFELONY OMISD BOND
I

E INVESTIGATING L.E.O. 10#

1
V Detective C. Duss au 1370

I
DRUG 1. GRAM 3. KU..OGRAM $ POUND 7. LITER 9. DOSElUNITI
E UMT
DRuG
2. MrIJ.IGRAM
E. HEROIN
4. OUNCE
M. MARUUANA U. UNKN WN
e TON B. MILULITER ITEM
M MmUFiCULT P POSSESS
I N
N N.NlAIN I DRUG o OUY T. TRAme

~.~~
TYPE H. HALLUCINOGEN A AMPHETAMiNE AC1MTY S. SELL K DlSTHD
T O. OPIUM!DERIV 8. 8AR8rJURATE HERNALIA E. USE ·U. UNK " SMUGGLE N
C. COCIdNE S SVNTHETIC EQur ENT o DELIVER z. onlEI~ N NJA
TYPE WEAPON 00. N/A 04. UNK FIREARM OS. POISON FINISH WEAPON I
12 SIMWEAPON I I CAUBER I
00
:::=~~,
01. HANDGUN 09. EXPlOSIVES 13. DRUeS GAUGe o BLUE
SElZ£D 0 YESD NO 02. RIFLE , O. FIREIINCENDIARY BB UNKNOWN N S SILVER: N
03. SHOTGUN 07, HANOStF1STIF ET 11. THREATnNTlMJD 99 OTHER O. OTHER

DATE & TIME OF ARREST I ARREST L.E O.flD# I ASST L.E.O.IID#

A E ARREST LOCATION I ZONE I GRID
R V !
R E CAPIASIWARRANT # ! I COUNTY &STATE OF WARRANT
E N
S T DATE BOOKED
T
I TIME BOOKED RETURNABLE DATE BOOKING OFFICER

RELEASED BY RELEASED TO DA~IME RELEASED

(LAST. FIRST. MICOLE INITIAL HOME

V VICTIM NAME Nalefskl, Nicholas J PHONE # 239-994-0564
I CIT't STATE ZIP BUS
C ADDRESS 1810 NE 1" TE Cape Coral F1.33909 PHONE #
-
IRA~
T DOB I NOTIFIED DYE'

_.MIIIII
I AGE I SEXM
10/05179 31
 PRO ABLE CAUSE AFFIDAVIT
Sarasota Cou nty
181 ORIGINAL - PAGE _2__ of 3 o SUPPLEMENTAL - PAGE of

DEFENDANT
Mcnair, Joel D.
I SSO BK#
IAGENCY CASE #
10-85060

~ADULTCASE o ~UVENILE CASE

STATE IN DETAIL WHAT THE DEFENDANT DID HAT YOU ALLEGE WAS ILLEGAL. INCLUDE EVENTS THAT LEAD UP TO
THE INCIDENT; ALSO INCLUDE WHY DEFENDA~T ACTED AS HE DID IF THIS IS KNOWN. HEARSAY IS PERMISSIBLE AND
RELEVANT COMMENTS OF THE DEFENDANT O~ WITNESSES INVOLVED SHOULD BE SUMMARIZED. (INCLUDE WHO.
WHAT. WHERE. WHY, WHEN, HOW)

I affiant am a Detective with the S~rasota Sheriff's Office assigned to the Criminal Investigations
Section. ~'
On 11/26/10 the complainant Ja es Nalefski tiled a report with the Sarasota Sheriff's Office.
Nalefski advised the responding eputy that unauthorized individuals were residing in his son,
Nicholas Nalefski 's home without uthorization. The responding deputy contacted the occupants
of 4409 Eleuthera Ct. The two occ pants advised the deputy that they were involved in the 'Save
Our Homes· program through Joe McNair's business. The occupants believed that Ihey were in
the home legally.

On 12101/10 I was assigned the clase and reviewed the initial report I searched the Sarasota
County Tax Collector'S records for. 4409 Eleuthera Ct. The documents recorded online indicated
that Nicholas Nalefski was stillrer· onsible for the taxes on the property and that as of this year
there are no delinquent taxes. The ast update to this website was on 12/01/10 at 0949 hours.
A search of the Clerk of the Circ t Court of Sarasota County's records indicated thai the bank
began foreclosure proceedings n 08/31/09. To date no other activity has been recorded
regarding this property through t e Clerk's OffICe. The Sarasota County Property Appraiser's
Office as of this date is reporting nership of the residence located at 4409 Eleuthera Ct. as
belonging to Nicholas Nalefski. i
I had, prior to this case, been brie~ by Sgt Pingel that other complaints similar to this had been
filed about a company owned and perated by the defendant In this case, Joel McNair. The victim
in Ihls case does not know the def ndant and did not authorize any person(s) to take occupancy
of his home at any time. The victi signed a trespass waming against the current occupants on
11/28/10 and they are to vacate.

I contacted the occupants at 440 Eleuthera Ct. A sworn recorded statement was provided in
which the occupants stated that t ey were provided keys to the property, the locks had been
changed and the power and water as on the day they moved in three months ago by one of the
defendant's employees. The occu ants were advised that the first three months of utilities were
free. The occupants had paid to ames For Americans LLC. $500.00 membership fee and the
first month rent of approximately $ 00.00. The occupants stated that they had signed paperwork
indicating that the property was a r ntal but was never provided a copy.

o ADDtTIONAL PAGES - ATIACHED AND INC RPORATED HEREIN

SIGNATURE OF L.E.O.lA FIANT~ C::1) \0'"""'?\).eJ\ 4 10# 1370

SWORN TO (OR AFFIRMED) AND SUBSCRIBED EFORE ME THIS ~ DAY OF December , 2010, BY

:::::::::~:~~~~~~, 0 HO IS PERS:::~~:::OW:;'O~WHO
PROQ~ED THE FOlLOWiNG

---------11-.--
SUPERVISOR SIGNATURE
C!SIPRINTL.e·NoAM·IDe# q\~~I' , O~Y
r· ~'Oe:1,...-
+-
___________________________ 10#
 ..
PROB
Sarasota County

181 ORIGINAL - PAGE 3 of 3 o SUPPLEMENTAL - PAGE of

DEFENDANT SSOBKII AGENCY CASE II

Mcnair, Joel D. 10-85060

181 ADULT CASE

STATE IN DETAIL WHAT THE DEFENDANT DID THAT YOU ALLEGE WAS ILLEGAL INCLUDE EVENTS THAT LEAD UP TO
THE INCIDENT; ALSO INCLUDE WHY DEFEN,?~T ACTED AS HE DID IF THIS IS KNOWN. HEARSAY IS PERMISSIBLE AND
RELEVANT COMMENTS OF THE DEFENDANT dR WITNESSES INVOLVED SHOULD BE SUMMARIZED. (INCLUDE WHO,
WHAT WHERE, WHY WHEN HOWl
1

The defendant had been contacted bl Oetectlve Cramer of the Sarasota Sheriff's Office by telephone regarding
·1 other related cases. The defendant agreed to come in for an interview with his attorney, Andrew Mikos, and his
I
administrative assistant. On 11/17110 at appr ximately 1300 hours the defendant provided a statement. This statement

I was recorded. During the course of the interjliew it was determined that the defendant had located this residence and
subsequenUy used Florida Statute 95.18 (Adverse Possession) to possess the property and place individuals in the home
that he claimed were in arrears for taxes and not being maintained by the le9itimate owner. The defendant informed us
that he was not required to notify the owner(sl. The defendant informed us that he had researched the statute and that
his business was legitimate and in compliance, with the statute. The defendant informed us thai he or his representatives

I
1
'I
located the properties, made entry, changed the locks, removed property and accepted monies from what he referred to
as members. These "members' were to pay the taxes and maintain the property. The defendant further advised that he
believed that the landlord tenant laws did not ~pply in this situation. This affiant found that the taxes on the victim's home
had been paid and were current. The defendant had not filed a retum (OR-452) with the property appraiser's office. The
house had not been abandoned. The victimj had not authorized anyone to be in the residence and that he did not

fI authorized the removal of his personal property. These are all provisions of the FSS 95.18 which were not being adhered

.
I
to by the defendant.

Therefore this affiant believes that the adverse possession statute does not apply and that the defendant be charged with
Scheme to Defraud as per FSS 817.034(3)0 ahd Grand Theft as per FSS 812.014(2)a(1)
1
in that:

Chg 1: The defendant did in a systematic ong ing course of conduct with the intent to defraud and obtain the property of

I
the victim by false pretenses and willful misre resentation place unauthorized persons Into the victim's residence and did
accept monetary compensation In excess of $ 00.00.

Chg 2: The defendant did knowingly endeavo to obtain the residence located at 5016 Sandy Shore Ave in the County of
Sarasota with the intent to temporarily or perm nenlly deprive the owner of the right or benefit of said property for his own
use or the use of any person not entitled t the use of the property. The property has a current market value of
approximately $179,000.

o ADDITIONAL PAGES - ATIACHED AND INCbRPORATED HEREIN

SIGNATURE OF L.E.O.lAfFIANTne;b C ~a! I 10# 1370

SWORN TO (OR AFFIRMEO) AND SUBSCRIBEDrEFORE ME THIS 2 OAY OF December . 2010, BY

Detective C. Dusseau #1370 181 HO IS PERSONAL'iYKiiiOwN OR 0 WHO PRODUCED THE FOLLOWING
(PRiNT LE.O.lN'FIANT NAME) \ 1 n
IDENTIFICATION SIGNATURE )61. C)~ ~
I I2iI
L.E.O. 10 II q \ r:P J ~ARY
SUPERVISOR SIGNATURE I PRINT NAME JI5U ILl ~ ~
____________________________ 10#
CASE'________________
DOMESTIC VIOLENCE

On, _ _ _ _---,-:---:-_ _ _ _ _ _ _ _ _ _ , 1>-,_ _ _--;---;----,---;---;--_--,-_ _ _ _ recei\led a

(dale) (print victim's name)
copy of the Domestic Violence Notice of Legal RighlS and Remedies avajlable from:

(Name of Assisting Deptuy) (Signature ofVjctim)

(name) (address) (DOB)

Is hereby warned to stay off the property of '-/"109 eCcu7f1E/?;:; C7. S;9TZ( f.(
(business, homeowner, etc.)

YOU ARE FURTIlER WARNED 11IAT IF YOU REnJRN UNTO TIllS PROPERTY,

YOU MAY BE ARRESTED FOR VIOLATION OF FLORIDA STATE STATUTE 810 (TRESPASS AFfER WARNING)

) /-;J/-)(J I/~o
This warning issued _ _ _=---__\.?-:-:---:-_ _ _ _ _ _ _--:-~O~------------
(date) (time)
by_ _ _--'-n_I-=C~fI_O_(.:._R..=.,.5_·_()~R;.....:(:...;::E::...:...F-:-S_.,...I-'1
:.r-=--_ _ _ _ _ __
(person issuing warning)
whose title is, _ _ _ _ _ _ ----JP'---'-l=-O---;?_'/3-'-f(_T_'j"----'O==---j.J~I1_E:_~_7_f-------------
(store manager, owner, etc.)

Signatureoflssuing pcrson __ ~---:;;-·---+-;.---~--=O"_~....1.------------

Signature of Deputy fJ1- ~ 1/p,-(g>
I Search Response Search completed; of 1 Items indexed,-1--hlta, ~ narratives.
Sarasota County Sheriff
Incident / Offense
LEn_~~IO_:
Activity 10:
__
224_73_ _
msicks
~~_~_f:f[p
lklJ
Case Nbr: 10-85788 Date I Time Reported: 11·29·201018:46:57 Mon
Clearance: B Exception Type: [J Felony: A Juvenile: D
DNA Swab: N

Offense: 522 SUSPICIOUS INCIDENT

Statute: L _____ -, UCR: [~ Offense Indicator:
Attempt: C Drug Related: iJ
Occurred From: 11·29·201018:46:00 Mon To: 11·29·201018:46:00 Mon

Location: 5065 :---1 SANDY SHORE AV !

City: SARASOTA- SI: FL Zip: 34242

Dispatch Code: 131 Dispatched: 11·29·201018:46:57 Mon

Arrived: 11·29·201018:46:58 Mon Completed: 11·29·201019:22:17 Mon

Dispatch Location:
Division: PAT -~---- --- shift:ll--~~-----------------' --
Reporting Officer 10#: 2473 NORTON,THERESA Unit 10: 3307
r----· --.- ..-
Microfilm Loc: ......... J
Grid: 162 Zone: 007 Related Case Nbr: t __ -=----=~-=-~~~~--:-=]
Nature of Inc: SUSPICIOUS INCIDENT
Dispatch Dspn: BR Incident Disposition: Ci
Loc Type: 01 Forced Entry: A Type Weapon: 00
Nbr Premises: 01 Nbr Offenders: 00 Nbr Offenses: 00
Nbr ArrTotal: 00 Nbr Arr Adult: 00 Nbr Arr J uv: 00
Occupancy Code: o
Comments: Field Event! EVENT TYPE CHANGED AT 1112912010 6:51:49 PM BY MDT
UNIT S33071 S3262 -1074110061 EVENT TYPE CHANGED AT 1112912010
7:16:16 PM BY MDT UNIT S33071·· »» by: THERESA NORTON on
terminal: $S3307

'"',
 j • ·0

Entry 10:
Activity 10:
Report Date: 11-29-2010 Mon
Person Type/Number: 03 I ~ 0 0 0
Name: MICHEL,BONITA ANN PIN: 200672954
Race: W
Place/City of Birth:
Hgt: 500
Sex:

Wgt:
F

145 Hair:BLN
r== __ =._==:J
Date of Birth: 06-15-1961 Thu Age: 49
Soc Sec #: , - - --- ---]
Eyes: GRN -. - . -.... --.
A1J: A

Extent Injuries: 0 Injury #1: 00 #2: 00 Offnse Indr: 1

House Nbr:
City: SARASOTA
5065 SANDY SHORE
St: FL
=:
Zip: [ __ -==~J
Type: AV Suff: L~: Apt Nbr:
Addr Effective Date: 11-29-2010-Mcm
Res Type: 2 Res Stat: 1 Phone: (941) 893-9314
E-mail Address: r------- - ----.--.--.------. ---. ---.- --. :
Immigra!i~_n Nbr:~ -.--- --. I Immigration Status:- ~.L ----~-- ---- ---. -
DLN: 1_ _
FBI Nbr: l___ -==r::__.---J
FDLE Nbr: C
_ St: : j Type: ~

Booking Nbr: ~--_-_. -~ Arrest Date: L - .. ~-= OBTS Nbr: L.

E=r
Employer Name: UNEMPLOYED Emp Date: 11-29-2010 Mon
r--.---.-.---.- - .-..----- . . -.]
Address: .•• __
~
i........J L_ _ _ _ _ ... ______ .... _ _ Type: n Suff: l·.--.-
Unit/Suite Nbr: City: SARASOTA State: FL Zip:::....1___ .
r.-
Emp Phone: ________ J Ext. r::::~-=-~l Occupation: ,-_ ......... _....
Foul Play Suspected: A Missing Previously: A
Recovery Information: o DVR: A VictinnlOffndr Relationship: 00
Located: [1 Date Located: [ __ -=-=------=::::=-~~: Referral Code: l~:·

Comments:

Entry 10: mduncan

Person
Activity 10: mduncan
Report Date: 11-29-2010 Mon
Person Type/Number: 03 I 2 I L [J :....J []
Name: TRIONFO,CHRISTOPHER PIN: 200672955
Race: W Sex: M Date of Birth: 03-19-1959 Thu Age: 51 A1J: A
Place/City of Birth: I __ Soc Sec #: --j ::J 1 - ·- - -

Hgt: 511 Wgt: r.:=JHair:BRO Eyes: BRO - . - - - -

Extent Injuries: 0 Injury #1: 00 #2: 00 Offnse Indr: 1
House Nbr: 5065 SANDY SHORE D Type: AV Suff: I__ J Apt Nbr: _. ___ ..:
City: SARASOTA St: FL Zip: L
~ Addr Effective Date: 11-29-2010 Mon
Res Type:
E-mail Address:
Immigra~__
2 Res Stat: 1
E .----.-------------.---'----. ----
Phone: - - , - - -

_1_
~

Immli,ration Status: .~-~---------------- --.. ---....

DLN: SI: 0 Type:

.~=~:--J _~~~~fbr: - ~~:~-Dat~:-: .=----.--~=J

L· : ;!

~~~~~~ N~~·----- [-____ OBTS Nbr:

Employer Name: Emp Date: 11-29-2010 Mon

Address: Type: ~.J Suff: ' -
Unit/Suite Nbr: State: FL ziP:...T
Emp Phone: Occupation: l._. _ _

Foul Play Suspected: A Missing Previously: A

Recovery Information: o DVR: A VictimlOffndr Relationship: 00
Located: 0 Date Located: [=--=.=~ ~~ J Referral Code: ---
._--- ----_._- .... - - --_._-- -------,
Comments:
L ______..______.________._.______.__.__ .____J
r;o;,jbllli:t.. Wu: • .,,,...'IIiIIiIW .... tilUlf ... '
I"
Person Entry 10: i (/A\ii~j',\\
Activity 10: n
Report Date: 11-29-2010 Mon
Person Type/Number: 03 3 D D D I n
Name: MALEKI,TONY PIN: 200459666
Race: W Sex: M Date of Birth: 03-17-1955 Thu Age: 55 AlJ: A
Place/City of Birth: TEHHRAN Soc Sec #: 476902675
Hgt: 509 Wgt: 190 Hair:BLK Eyes: BRO
Extent Injuries: 0 Injury #1: 00 #2: 00 Offnse Indr: 1
House Nbr: 5470 0 KELLY Type: DR Suff: i. _j Apt Nbr: ,.
City: SARASOTA
Res Type:

~:~~::::~~~
2
St: FL
Res Stat: 1

F·· ---~--i--· Immigration

Zip: 34233
Phone:

St~~7=~~···-~-·-~~·~~--~=.~~=-
[--J
. -.
Addr Effective Date: 11-29-2010 Mon
r -.----.- . - - --··-1

DLN:
FBI Nbr:
Booking Nbr:
E--=-··'
M420800550970------·
FDLE Nbr:
. ________ J
C=~~;
St: ~ ·-1 Type:
... ___ , -
Arrest Oate:L___..._ _ _ ; OBTS Nbr:
._
I

Employer Name:
Address:
Unit/Suite Nbr:
_. . =1 Emp Date:
Type: [J
State: FL
11-29-2010 Mon
Suff: 1·-:
. ~ -_..... -----
ZIP: . ..
,---- - .... .. -.
Emp Phone: Ext. [-..~ Occupation: L _____ .........

Foul Play Suspected: A Missing Previously: A

Recovery Information: o DVR: A VictimlOffndr Relationship: 00
Located: 0 Date Located: [._- ._~- .. -- -, Referral Code: i ..
~:

Comments: I ·-----··---1
~. _________________ ...... __ ... J
Person Entry 10: mduncan
Activity 10: mduncan
Report Date: 11-29-2010 Mon
Person Type/Number: 05 1 D LJ [J I [J
Name: SARASOTA,SHERIFFS PIN: 200608078

~::Ci~O!l
Hgt: i---.J
e:: -=-=~__~.I ~~=r
Birth:
Wgt:
..
L _ Hair:XXX
Birth: ~~~·se~ ;:~:.::]~--~~-j
Eyes: XXX
o AlJ:,!

Extent Injuries: 0 Injury #1: 00 #2: 00 Offnse Indr: 1

House Nbr: 2071 D RINGLING Type: BL Suff: I" _.; Apt Nbr:
City: SARASOTA St: FL Zip: ==--:=1 Addr Effective-Date: 11-29-201CfMon
Res Type:
E-mail Address: F·2 Res Stat: 1 Phone:
- ______
(941) 86-=-1-5-=.8::.:0:.::0_ _ _ _ .. _.....,

iI
J
Immigration Nbr:
DLN: i
FBI Nbr:'----T
'Immigration Status:
I
FDLE Nbr.
St:
C=-l
n Type: 0
Booking Nbr: [ I Arrest Date:L. __ ._~I
Employer Name: Emp Date: 11-29-2010 Mon
Address: Type::-::J Suff:'-·
Unit/Suite Nbr: State: FL ~.!P:..J.~= .._... 1.
Emp Phone: Occupation:

Foul Play Suspected: A Missing Previously: A

Recovery Information: o DVR: A VictimlOffndr Relationship: 00
Located: 0 Date Located: [===~: Referral Code: ..... .

Comments:

=_=~~a~~~h.rnh_"=~_~~==b~I.Di'----------------------------------~
 Entry 10:
Reporting Officer / Unit
Activity

Reporting Ofcr 10/Name: 2473 NORTON,THERESA

Unit 10:;..33=0:.:.7~~~~!!!!II_U::!i
Entry 10: 22473
Reporting Officer / Unit
Activity 10: 22473

Reporting Ofcr 10/Name: 0879 GIASONE,JOSEPH Unit 10:3262

Image 10: o Narrative Entry 10: mduncan

Activity 10: mduncan

Type of Report: N Report OatelTime: 11-29-201018:46:57 Mon

Officer 10: 2473 Officer Name: NORTON,THERESA

~!
Clearance: B Exception Type:
Change Incident Code From: c______ ) To:

- Report Approval -
Approved By Supervisor: 0879 GIASONE,JOSEPH ANTHONY

Text: ON THE INCIDENT DATE, I RESPONDED TO 5065 SANDY SHORE AVE AND MADE
CONTACT WITH MS. MICHEL REFERENCE THE HOUSES FOR AMERICA SCAM. MS.
MICHEL IS LIVING AT THE RESIDENCE WITH MR. TRIONFO.
MS. MICHEL ADVISED SHE HAS BEEN LIVING IN THE LISTED ADDRESS SINCE THE
BEGINNING OF SEPTEMBER, 2010. MS. MICHEL SAID SHE WORKED FOR HOMES
FOR AMERICA AS AN ASSISTANT AND WAS LIVING IN THE RESIDENCE AS PART OF
HER SALARY. ON NOVEMBER 25, 2010 MS. MICHEL WAS TOLD THAT HOMES FOR
AMERICA WAS CLOSING AND SHE WAS NO LONGER EMPLOYED BY THEM.
MS. MICHEL HAD A DEPARTMENT OF REVENUE 452 FORM (DR-452) THAT WAS
SIGNED AND NOTARIZED BY THE PROPERTY APPRAISER. THE DR-452 FORM WAS
TITLED "RETURN OF REAL PROPERTY IN ATTEMPT TO ESTABLISH ADVERSE
POSSESSION WITHOUT COLOR OF TITLE".
MR. MALEKI'S NAME WAS PROVIDED BY MS. MICHEL WHO ADVISED HE WAS THE
LAST OWNER.
SGT. GIASONE ID 0879 CONTACTED MR. MALEKI WHO ADVISED HE RECEIVED
NOTICE FROM THE PROPERTY APPRAISER'S OFFICE THAT HIS HOUSE WAS BEING
OCCUPIED UNDER A CLAIM OF ADVERSE POSSESSION AND THE CLAIM WAS
ACCEPTED BY THE COUNTY.

__
~~~&~'_~'~i.~h •
~_~~~~tiMm.----------------------------------------------------------~
 Sarasota County Sheriff's Office
Sarasota County, Florida ORIGINAL
INCIDENT 201000085788
REPORT INFORMATION
Case Number 201000085788 DatefTime Reported 11/30/201019:30
Offense Type SUPPLEMENT Swab DNA? NO

OFFENSE
Offense 1/Statute 131 SUSPICIOUS INCIDENT Attempt: C COMMITTED
Offense 21Statute Attempt:
Offense 3/Statute Attempt:

EVENT DATA
DatefTime Occurred From: 11/29/201000:00 DatefTime To: 11/30/201000:00
Incident/Offense Location
5065 SANDY SHORE AV SARASOTA
(Street# Dir Street Name SI.Type Apt# City)

Related Case Number Grid 162 Zone 007 Forced Entry A NOT APPLICABLE
Location Type 01 RESIDENCE/SINGLE
Weapons Type 00 N/A Nbr Premises 00 Nbr Offenses 00
Nbr Offenders 00 Nbr Arr Total 00 Nbr Arrest Adult 00 Nbr Arrest Juvenile 00

PERSON Type Number

8 Victim card given

Confidential
Type
Type
Number
Number
Name
(Last Name,First Name,Middle In~lal)

Race Sex DOB Estimated Age D Age

Height Weight Hair Eyes
Offensellncident Indicator Extent Injury
Injury Type #1 Injury Type #2
Home Address

(Street# Dir Street Name SI. Type Apt# City State Zip)

Residence Type Residence Status

Home/Cell Phone Business Phone
Employer/School
Employer's Address

(Street# Dir Street Name SI. Type Unit# City State Zip)

Occupation Scars/MarkslTattoos/Clothing
Foul Play MiSSing Previously Recovery Info
Victim/Offender Relationship DVR
Alias Place of Birth

OfficerllD: GlASONE JOSEPH A #0879 Case# 201000085788 Date 1211/2010 PAGE #1

 I ?RIGINAL
I Sarasota County Sheriff's Office
Sarasota County, Florida

ADMINISTRATIVE! Crime Scene Approved By: SHAWN JOHNSON #1947

Photos Taken By Whom? Dusted For Latent Prints
Prints Submitted By Whom? BOLO Requested By
BOLO Given to Cancelled Cancelled By?
Enclosures:
Copies To:
Clearance Code Exception Code

Officer/lD: GlASONE JOSEPH A #0879 Case# 201000085788 Date 1211/2010 PAGE #2

'* IORIGINAL I
Sarasota County Sheriff's Office
Sarasota County, Florida

ALL PERSONS REFERRED TO IN THIS NARRATIVE ARE LISTED IN ORIGINAL REPORT.

I CONTACTED THE LEGAL OWNER OF THE INCIDENT LOCATION TONY MALEKI AND
ADVISED HIM HE WAS STILL THE LEGAL OWNER. I ASKED HIM WHAT ACTION HE
WANTED ME TO TAKE WITH THE PERSON CURRENTLY LIVING THERE BONITA MICHEL. I
EXPLAINED TO HIM HOW WE WERE HANDLING THESE SITUATIONS BY USUALLY GIVING
THE RESIDENTS TIME TO MOVE OUT.

MALEKI REQUESTED I GIVE MICHEL HIS NUMBER TO CONTACT HIM AND HE WOULD WORK
SOMETHING OUT WITH HER.
I CONTACTED MICHEL AND GAVE HER HIS NUMBER.

Officer/lD: GIASONE JOSEPH A #0879 Case# 201000085788 Date 1211/2010 PAGEt13

 SARASOTA COUNTY SHERIFF'S OFFICE
INVESTIGATIVE REPORT

VICTIM: Maleki, Toney CASE#: 10-85788

W/M 03/17/55
5'9/190 Ibs. Blk/Bro
5470 Kelly Dr.
Sarasota, FL
941-685-0352

OFFENSE: Scheme To Defraud DATE TYPED: 01/18/11

Grand Theft

STATUS: Arrest- E

PERIOD COVERED UNDER I~TIGATION: 12/17/10 to date

DET: C. Dusseau #137~ SUPV: Sgl K. Pingel #410Q

njk
COpy TO: SAO

RELATED CASE(S):

DATEITIME OF OFFENSE: 09/2010-11/2010 hours

LOCATION OF OFFENSE: 5065 Sandy Shore Dr.

Sarasota, FL

COMPLAINANT: SM

WITNESS/OTHER: Michel, Bonita

W/F 06/15/61
5'0/145 Ibs. Bln/Grn
941-893-9314
 2 Case #: 10·85788

ARRESTEE: McNair, Joel D.

BIM 10/25/50
6'0/175 Ibs. BaldlBro
7350 S. Tamiami Trail #98
Sarasota, FL
941-737-7919

VEHICLE USED IN CRIME: N/A

EVIDENCE STATUS: Detail Information for Parcel- Property Appraiser

Clerk of Court Records
Tax Collector Tax Record
Adverse Possession w/o Color of Title
Document

STOLEN/DAMAGED PROPERTY: 5065 Sandy shore Dr.

Sarasota, FL

RECOVERED PROPERTY: 5065 Sandy shore Dr.

Sarasota, FL

ATTACHMENTS TO REPORT: PCA

Property Receipt
Trespass Warning

DRUG RELATED: No
 3 Case #: 10-85788

SYNOPSIS:

The victim, Tony Maleki, filed a report with the Sarasota County Sheriff's Office stating
that unauthorized occupants were residing in a property that he owned and was located
at 5065 Sandy Shores Ave. in Sarasota, FL, which was in the foreclosure process and
was to be vacant.

12117110 - 0800 hours:

I received this case for further investigation.

Case 10-80501 will serve as the master case for this investigation.

CONCLUSION:
This case is to be closed with an arrest. McNair is be charged with Scheme to Defraud
as per FSS 817.034(3)0 and Grand Theft as per FSS 812.014(2)a(1) in that:

Chg 1: The defendant did in a systematic, ongoing course of conduct with the intent to
defraud and obtain the property of the victim by false pretenses and willful
misrepresentation, place unauthorized persons into the victim's residence and did
accept monetary compensation in excess of $300.00.

Chg 2: The defendant did knowingly endeavor to obtain the residence located at 5065
Sandy Shore Dr. in the County of Sarasota with the intent to temporarily or permanently
deprive the owner of the right or benefit of said property for his own use or the use of
any person not entitled to the use of the property. The property has a current market
value of approximately $650,000.
 \0
SARASOTA COUNTY SHERIFF'S OFFICE
PRE-RAP
Defendant Speaks (Circle One) :
SSO Case #: (J, S
Defendant's Name (LIFIM):
Aliases: SSN:
Race:;=='%) Sex:m DOB: AGE:
Height: Weight: Hair: r Eye:
ScarslMarkslTattoos: Place of Birth:
Home Address:
City: State: ! Zip Code:

OBTS#G)SQ \ l (£J91L(
INTAXE CHECKLIST NamelID#
Booking#
Pin# 3d5CZQ Medical Clearance (Nurse)
Initial Search (Deputy)
Agency#
Property (Deputy)
Booking Tech# 2nd Search (Deputy)
Intake Screening (Booking) ~(aC;-(/1
Medical Screening (Nurse)
Phone Enroll / Call (Deputy)
FCIC " AFIS (Deputy)
Mug Search (Deputy)
Pre Trial Services (PTS)
Supervisor (SgtlLt)
Booking Verifies (Booking)
White - Records Yellow - Booking / Corrections Pink - Miscellaneous
CDO~13 : Revised June 21, 2006 OS2#16
 IN THE CIRCUIT COURT IN AND FOR SARASOTA COUNTY, FLORIDA

STATE OF FLORIDA ) 2Dto ~ O'''(,3~1I{.,

). SAO NO.
vs. )
)
McNair, Joel 0 ) CASE NO. 10-85788

"REST WARRANT

TO ALL AND SINGULAR SHERIFPS, POLICE OFFICERS: GREETINGS

WHEREAS, complaint on oath al'\d in writing, supported by sworn testimony has been made
before me, the undersigned MAGISTRATE in and for Sarasota County Florida, by:
Detective C. Dusseau #1370 of the Sarasota County Sheriff's Office

THAT affiant states that did cpmmit a scheme to defraud and a grand theft

as per the below noted Florida Statutes

in violation of Florida Statute 817.034r$,o ......, Q
_8~1~~~0~14~(~2;)~AA~(1~)___________________________________

AND it appears to the Court that probable cause for the issuance of this warrant has been

satis~ed of the existence of the grounds therefore.

shown thereby and the Court being
.
NOW, THEREFORE, you are commanded with such proper and necessart..assistaii:e
.
~~
,.~-r.~. ~
- mat r.
may be necessary to arrest: MeNai Joel D. .:; :~:~. n ~.
BIM 1025150 ":.:. .!, ~
6'00/19 Blk/Bra .::~.;= :!i"' _

and bring Him before me or other inly 0' C<cu' Judge havIng jurisdk:tion of th~ offe"",.

BAIL shall be set at $ .:;.<J!»oL.I01.Al~~ day of

-----

r
 PROBABLE CAUSE AFFIDAVIT AfflX label here
Sarasota County

AGENCY t8l SSO 0 SPD 0 FHP 0 VPD 0 NPPD 0 LBPD 0 OTHER i:8l ORIGINAL
I SSOCASE# 10-85788 I SSOBKII
., . •~_A~"J,
IOBT5#
''''~-~~
I ARREST #
o SUPPLEMENTAL
I
t AGENCY CASE # I SAO # I JFDLE# I UTC# I
ADULT -ARREST ~ WITH WARRAN~ JUVENILE g ARRESTED I DETAINED
o
o
WITHOUT WAR
NON ARREST COMP\.AINT 8o ARRESTED' RELEASED WITH REFERRAl
NON-ARREST REFERRAL
TEEN COURT REFERRAL
(lAST. FIRST, MIDDLE INI1W.l (lAST. FIRST.MlIlDI£ INlTIALI
0 DEFENDANT Mcnair Joel D ALIAS
E
F
DaB
10125150
I AGE
60 IS~ I RAe
B.
I HGT
600
WGT
175
I COLOR HAIR
Bald
I COLOR EYES
Brown
E CITY STAre ZlP

N ADDRESS 7350 S Tamlami Trail #98 Sal';lsota Fl. 34231

0 PHONE # 5CARSnAARKSITATTOOS
A 941-737-7919
N ST I SOCIAL SEC# I CrTY
STATE

T
v<.;<.;UPATION
Business Owner
EMPLOYER ADDRESS
.. FL
EMPLvT""
Homes For America
PLACE OF BIRTH

PHONE #
New y.0lJt
.: ':-;"'"
....t...~.
I . ~:: 0
,
-
("")
~
r-'
--.
1::
5745 N Washington Blvd. Sarasota Fl.
cmzEHSHI'I"""'GRAT~EATUS
1. PERMANENTA.EGAL RESIDENT OF us
2. LEGAl. VISITOR
II 1 RI!S1llEHCI!
t. cnv
'2. COUNlY
TYPE II2
AE&~NCE STATUS
~~VR 1
I
941-737-7919:. ~.
INFLUENCE .. '"
OF DR~: - ~tJ
ALCOHOl; ..:; :(';0 ~0
0 _7
:-
0
NIl: 0 UNK
UNIC
s. UNDOCUMENTED ILLEGAL ALIEN .3. FLORIDA 2. PARTVR
[-.,
•• UHl<NOWN

DATE &TIME OF CRIME ICRIME LOCATION

.•. our OF STATE 3. NO.... ES

LOC I
"':'''''::~
r-
".
.,
-
~

Z~~ I,~ID
r-

09/01/10-.0800 5065 Sandy Sho Ie Dr. TYPE 01 007 "172

C F.S./oRD~ CHARGE ~FELONY UMISD BOND
R 817.0 Scheme To Defraud- Fln:I Ida Communication Act
I F.SJORD# CHARGE I8!FELONY OMISD BOND
M 812.014(2)A(1) Grand Theft (Over $100,~ 00.00)
E F.SJORD# CHARGE DFELONY OMISD BOND

E INVESTIGATING LE.O.
V 1 10#
Detective C. DUBseal 1370

l
DRUG I.GRAM 3. KIlOGRAM 5. POUND 7. UTER •. DOSElUNlTI
E
I N
N
UNIT
DRUG
TYPE
E. fiEROIN
2.MlLLIGIWI

tl HAU.UCINOGEH
4. OUNCE
M. MARIJIlANA
A AMPHET.......E ~. :W",
"TON
ItlUA
a. MIWUTEA
I DRUG
ACTMTY s. SELL
ITEM
M. MAN\lfICULT P. POSSESS
8. BUY
T. TRAFFIC
K DISTRII
1
T P.P_~~~ N
. N
I I I
O. OPIUllJl)ElW f. USE
~~
B. SARBI1\IRATE R SMUCCl£
C. COCAiNE S. SYNniETlC EQUlPME D. OE~IVER N NIh
lYI'E WEAPON 011. NIA
l"*mH~1
1M. UNK FIREARM 08 POISON
01. HANDGUN 12 SIM WEAPON CMmER
~ ~~~
05. ICHIFEICUTTING 09 EXPlOSIIIES U BLUE
SEIZED 0 YEsO NO az. RIFlE ... SLUNT OB.A1CT 10. FtREnNCENDtARY 00 GAUGE N S. SILlIER N
01 SIIOl_ 01. HANDSIFISTIFEET 11. THREATnNTIMID 911. OTHER O. OTHER

DATE &TIME OF ARREST IARREST LE.O 0# I ASST L.E.O.IIO#

A E ARREST LOCATION I ZONE I GRID

R V ,
R E CAPIASIWARRANT #
E N
I COUNTY & STATE OF WARRANT

S T DATE BOOKED
T
I TIME BOOKED
:
RETURNABLE DATE BOOKING OFFICER

RELEASED BY RELEASED TO DATEITIME RELEASED

ILAST. FIRST. MIDDLE INI1W.l HOME

V VICTIM NAME Maleki Tony PHONE # (9411685-0352
I cnv STATE ZIP BUS
C ADDRESS 5470 Kelly Dr. Sarasota FI. 34~ 33 PHONE'
T DOB I AGE I SEXM IRA~ I NOTIFIED UY£ :
031755 55
jllllill
 PROBABLE CAUSE AFFIDAVJT
Sarasota County

181 ORIGINAL - PAGE 2 of 3 o SUPPLEMENTAL - PAGE of

DEFENDANT
Mcnair, Joel D.
ISSO BK#
I
AGENCY CASE #
10-85788

181 ADULT CASE o JU'f'ENILE CASE

STATE IN DETAIL WHAT THE DEFENDANT DID TH T YOU ALLEGE WAS ILLEGAL INCLUDE EVENTS THAT LEAD UP TO
THE INCIDENTj ALSO INCLUDE WHY DEFENDANT ~CTED AS HE DID IF THIS IS KNOWN. HEARSAY IS PERMISSIBLE AND
RELEVANT COMMENTS OF THE DEFENDANT OR ~~TNESSES INVOLVED SHOULD BE SUMMARIZED. (INCLUDE WHO,
WHAT. WHERE. WHY, WHEN HOWl

I
I affiant am a Detective with the Sar.:jsota Sheriffs Office assigned to the Criminal Investigations
Section. ;

r
On 11/29/10 the complainantlvictim. ony Maleki. filed a report with the Sarasota Sheriffs Office.
Maleki advised the responding dep~ that unauthorized individuals were residing in his home
without authorization. Maleki state that he was notified by the Sarasota County Property
Appraiser's Office that a DR452 (De artment of Revenue form) for adverse possession had been
filed against this property. Maleki ha contacted the occupant at 5065 Sandy Shore Ave. and the
occupant, Bonita Michel. stated that t e defendant, Joel McNair, had placed her in the home.

I searched the Sarasota County T~ Collector's records for 5065 Sandy Shore Ave. The
documents recorded online indicated that Tony Maleki was still responsible for the taxes on the
property and that as of this year there! are no delinquent taxes. A search of the Clerk of the Circuit
Court of Sarasota County's records dId not have any documentation indicating that the house had
even entered in to the foreclosure p Ings by the bank. To date no other activity has been
recorded regarding this property th ugh the Clerk's Office. The Sarasota County Property
Appraiser's Office as of this date is eporting ownership of the residence located at 5065 Sandy
Shore Ave. as being that of Tony Mal ki.

On 12101/10 I was assigned this cas for review. I had, prior to the interview, been briefed by Sgt
Pingel that other complaints similar t this had been filed about a company owned and operated
by the defendant in this case, Joel M air.
On 12102110 I met with the owner of 065 Sandy Shore Ave, Tony Maleki, at the property. I asked
the victim if he knew the defendant 0 his company, Homes for America. The victim informed me
that he had no knowledge of this in ividual or this company. The victim stated that he never
authorized anyone to take occupanCYLof his home. The victim also indicated that when he left the
residence it was secured and that whlln he returned the locks had been changed.

On the same date contact was madd with Bonita Michel at 5065 Sandy Shore Ave. Michel stated
that she was an employee of the defimdant hired to do miscellaneous administrative work until a
foster children program the defenda~t was working on was up and nunnlng. Michel would. then
assist in that program for underprivil*ged children. Michel stated that the defendant gave her the

1
keys to the residence and that Sh did sign the proviSional occupancy agreement from the
defendant but the documents were t the defendanrs office. The defendant had told Michel the
home was foreclosed on by the ban and that the statute for adverse possession applied to this
residence. MiChel did not know that he was in the home illegal/y. Michel was notified to vacate
the property at the victim's request
,
o ADDITIONAL PAGES - ATTACHED AND INCO PORATED HEREIN

SIGNATURE OF L.E.O./AF ANT~ C~ 1011 1370

SWORN TO (OR AFFIRMED) AND SUBSCRIBED BE ORE ME THIS 2 DAY OF Decemeber BY

Detective C_ Dusseau #1370 181 W 0 IS PERSONALLY KNOWN OR 0 WHO PROD
(PRINT LE.O.IAFFIANT NAME)

IDENTIFICATION SIGNATURE
181L.E.O. 10" ----'.>:::..-+1-1.
SUPERVISOR SIGNATURE PRINT NAME

ID#
 · ' ,
PROBABLE CAUSE AFFIDAVIT
Sarasota County

18I ORIGINAL - PAGE 3 of 3 o SUPPLEMENTAL - PAGE of

DEFENDANT
Mcnair, Joel D.
ISSOBK# I10-85788
AGENCY CASE #

181 ADULT CASE o JL VENILE CASE

STATE IN DETAIL WHAT THE DEFENDANT DID TH"T YOU ALLEGE WAS ILLEGAL INCLUDE EVENTS THAT LEAD UP TO
THE INCIDENT; ALSO INCLUDE WHY OEFENOANl A.CTED AS HE DID IF THIS IS KNOWN, HEARSAY IS PERMISSIBLE AND
RELEVA.NT COMMENTS OF THE DEFENDANT OR MTNESSES INVOLVED SHOULD BE SUMMARIZED. (INCLUDE WHO.
WHAT WHERE WHY. WHEN, HOW) .

The defendant had been contacted by elective Cramer of the Sarasota Sheriff's Office by telephone regarding
other related cases. The defendant agreed come in for an interview with his attorney, Andrew Mikos, and his
administrative assistant. On 11/17/10 at approxi ately 1300 hours the defendant provided a statement. This statement
was recorded. During the course of the intervi w it was determined that the defendant had located this residence and
subsequently used Florida Statute 95.18 (Adver Possession) to possess the property and place individuals in the home
that he claimed were in arrears for taxes and n being maintained by the legitimate owner. The defendant informed us
that he was not required to notify the owner(s). The defendant informed us that he had researched Ihe statute and that
his business was legitimate and in compliance WIth the statute. The defendant informed us that he or his representatives
located the properties, made entry, changed thellocks. removed property and accepted monies from what he referred to
as members. These 'members" were to pay theitaxes and maintain the property. The defendant further advised Ihat he
believed that the landlord tenant laws did not apply in this situation.
I
I
This affiant found that the taxes on th1'Victim,s residence at 5055 Sandy Shore Ave had been paid and were
current. Although the victim was not residing in t e residence the property was not abandoned. The victim stated that he
was continuing to check on the property periodic "y. The victim had not authorized anyone to be in the residence. These
are all prOVisions of the FSS 95.18 which were n t being adhered to by the defendant.

Therefore this affiant believes that the adverse ssession statute does not apply and that the defendant be charged with
Scheme to Defraud as per FSS 817.034(3)0 an Grand Theft as per FSS 812.014(2)a(1)
in that: I

Chg 1: The defendant did in a systematic ongoll')g course of conduct with the intent to defraud and obtain the property of
the victim by faise pretenses and willful misreprelrentation place unauthorized persons into the victim's residence and did
accept monetary compensation in excess of $30~.OO.

to
Chg 2: The defendant did knowingly endeavor obtain the residence located at 5065 Sandy Shore Or. in the County of
Sarasota with the intent to temporarily or permanently deprive the owner of the right or benefit of said property for his own
use or the use of any person not entitled to the use of the property. The property has a current market value of
approximately $650,000.

ADDITIONAL PAGES - ATTACHED AND INCO PORATED HEREIN

SIGNATURE OF LE.01AF IANT~ C']'l.-::t::?!)Ct I f 10# 1370

SWORN TO (OR AFFIRMED) AND SUBSCRIBED BE ORE ME THIS 2 DAY OF December • 2010, BY
Detective C. Dusseau #1370 181 0 IS PERSONALi:Yi<iiii)WN OR D~H ROD~D THE FOLLOWING
tPRINTL£.OlAFFWfrNAME) ~

IDENTIFICAnON SIGNATURE 56r .

181 LE.O. 10 # -"4.,\r;o~:...?+---~~Ii':t:~TA;:;R"'~---
SUPERVISOR SIGNATURE PRINT NAME K~ J~ ~'-
___________________________ 10#