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Ed Cherry Offers Two Comments to Defend Himself

This site has received two comments and documents from someone who allegedly identifies themself as Ed Cherry. Past posts that included Ed Cherry can be found here.

Tip 1

You are monitoring the content from a commercial forum wherein some anonymous poster posted a statement that “Ed Cherry embezzled 600k from iBill”.

In reality it was $3.4 million that was allegedly embezzled and after iBill obtaining an Ex-parte Asset Freeze (that was dissolved as improper after a hearing was had) and years of litigation, iBill settled the case and paid me $5000.

I am asking that you delete the libelous post. I attach the public records from the case giving you notice that the statement is false.

Attached Document

Tip 2

I thought you would like to know that next week there is going to be a hearing in the Fidelity Land Trust Case.

You see, when the Attorney General conducted their Ex-Parte hearing in front of the Honorable Michael Gates (Division 12) on September 24, 2012, they intentionally failed to disclose that on July 26, 2012, Judge Gates entered a Final Judgment on behalf of Fidelity Land Trust Company, LLC

I attach the final judgment. This lawsuit is nothing more than an attempt to circumvent the case currently in front of Dale Ross in Division 08. Dale Ross denied their motion to hold me in contempt and as a result, they went on a witch hunt. As with all litigation, the pleadings will speak for themselves.

But, have the Attorney General comment on why they intentionally misled a Circuit Court Judge.

ibill_dismissal_new

November 11, 2012 Update

Ed Cherry sent in this comment. Such a nice guy.

Hey dumb dumb you linked the same document. Post the Ibill document or get new IT guy.

Ed Cherry Offers Two Comments to Defend Himself
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Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.
  • ed

    That’s because the moron who runs this site does no know how to upload documents. He was sent the dismissal and is having a hard time uploading it.

  • ed

    I do not see anything attached here that reflects what you claim is the final decision of the Broward County action against Mr Cherry for this alleged embezzlement, only this law.com article. Nothing else can be found in public records as you so claim.
    http://www.law.com/jsp/law/LawArticleFriendly.jsp?id=1208256432327

  • ed

    Don’t see any proof attached that the previously pending Broward County action against Mr Cherry was resolved in the manner he claims. I did, however, see this information about that case online.

    …Cherry is a defendant in a pending Broward County civil suit claiming he
    embezzled at least $600,000 from the company he worked for just prior to
    joining the Hess Kennedy businesses. His attorney said Cherry committed no
    wrongdoing.

    The Florida Bar alleges Hess Kennedy’s operation is “designed to extract
    upfront fees from financially strapped clients whether or not any useful
    services are performed” for them. Clients “rarely obtain debt settlements
    … and end up in a far worse financial position” than before.

    As for Cherry, he was sued in 2003 by his former employer, Internet Billing
    of Deerfield Beach, which claims he embezzled at least $600,000 days before
    he abruptly resigned from the firm.

    The suit said Cherry was listed as Internet Billing’s “in-house counsel”
    even though he is not licensed to practice law in Florida. The company
    claims Cherry revived and had total control over an administratively
    dissolved Florida company called Esquire Escrow and used his position at
    Internet Billing, known as iBill, to get fellow employees to funnel company
    funds to Esquire Escrow.

    Three days before quitting iBill in February 2003, Cherry made a $500,000
    withdrawal from Esquire Escrow. The withdrawal slip filed as an exhibit in
    the case said the money was transferred “to personal and children’s
    accounts.” Cherry also made tens of thousands of dollars in additional cash
    withdrawals of Esquire Escrow funds from money machines and from banks
    during 2001 and 2002, court documents showed.

    Bank records included in the court file show Cherry withdrew at least
    $12,200 from Esquire Escrow accounts at ATM machines in May 2002. A company
    bank card was used for a $763 purchase at a Sunglass Hut the same month and
    $3,130 in charges at Fort Lauderdale’s upscale Voodoo Lounge the next
    month.

    In an Oct. 30, 2003, deposition, Cherry invoked his Fifth Amendment right
    against self-incrimination and refused to answer any questions about what
    happened to the money moved from iBill to Esquire Escrow.

    Boca Raton solo practitioner Charles Wender, who represents Cherry and who
    was present at the 2003 deposition, said Cherry’s “position is that he is
    totally innocent and these are just wild allegations that they obviously
    can’t prove.”

    Internet Billing attorney Anthony Carriuolo of Berger Singerman of Fort
    Lauderdale, who conducted the deposition, said documents show Cherry “was
    just siphoning off tons of money.”

    • ed

      Hey Mr. Cherry…Looks like Judge Gates shot down your motion to dismiss the asset freeze this week, huh ? Looks like you also had a case smacked down big time by Judge Dalton in Orlando US District Court as well, huh ? Things unravelling a bit Ed ? Theory not working so well now that the spotlight is shining on you and Larry Diodato ?

      • http://GetOutOfDebt.org Steve Rhode

        Did Judge Gates give any particular reason?

      • ed

        Read it here….

      • ed

        I was not able to upload it. You can obtain it from Kimberly Miller. Keep an eye out for another article by her in Sunday’s Palm Beach Post about these scumbags.

      • http://GetOutOfDebt.org Steve Rhode

        Thanks. I reached out to her.

      • ed

        Hey Ed Cherry…Do you or Larry Diodato care to defend yourself again ? Apparently the “theory” you crafted is not being well received by this Federal Judge, or any judge for that matter.

        “A state judge has told plaintiff (Fidelity) that its legal theory is meritless; a federal judge has told plaintiff its legal theory is frivolous; and the Florida Attorney General has obtained injunctive relief against plaintiff,” wrote federal District Judge Roy Dalton in the Dec. 27 order. “Yet even in its objection, plaintiff clings to the notion that its claims have merit. They do not.”

        Here is the entire article from todays Palm Beach Post

        http://www.palmbeachpost.com/news/business/judges-lash-out-at-land-trusts-call-attempts-to-ca/nTtf9/

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