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.
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.
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.
You are not alone. I'm here to help. There is no need to suffer in silence. We can get through this. Tomorrow can be better than today. Don't give up.
Do you have a question you'd like to ask me for free? Go ahead and click here.
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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.
Funny. Don’t know why anyone would think you were an embezzler. Unless, of course, they knew your background and all the case information from Hess-Kennedy or the Chase lawsuit. For example. take a look at this which Steve posted a few months ago. Interesting stuff, right ? You must spend considerable time defending yourself whether its from I Bill to Hess-Kennedy or now Fidelity Land Trust, huh ? But apparently you have plenty of money taken from duped consumers and can afford to do so. Interesting how after taking all that money and now the monies from Fidelity Land Trust clients that you were able to file for bankruptcy. I am pretty sure bankruptcy fraud is a federal offense. Ask Lenny Dykstra.
https://getoutofdebt.org//44463/court-provides-background-on-edward-cherry-chase-bank-matter
BTW, it appears you are no stranger to civil proceedings in Broward County based on this link. Somewhat ironic that you sued BofA with the disbarred Laura Hess representing you. Further proof how dysfunctional our legal system is.
http://www.clerk-17th-flcourts.org/Clerkwebsite/BCCOC2/OdysseyPA/case_search_results.aspx?hidSearchType=party_case&txtLastName=cherry&txtFirstName=edward&txtMiddleInitial=&txtBusinessEntity=&chkAdvSearch=0&cboCourtType=CV&txtDateFiledOnOrAfter=&txtDateFiledOnOrBefore=&sbmPublicParty=Submit&user_type=&DisplayCitation=no&DisplayType=Civil&StatusType=&AllStatusTypes=&SearchType=&CaseType=
Hey Ed…Found this on the Broward County Court site as well. A felony for arson and burglary, huh ? Yup, I would certainly deed my house over to a fine, upstanding citizen like yourself. Where do I sign up ?
http://www.clerk-17th-flcourts.org/Clerkwebsite/BCCOC2/OdysseyPA/CaseSummary.aspx?CaseID=3236672&hidSearchType=party_case&DisplayCitation=yes&CaseNumber=93007672CF10A&SearchType=
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
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.”
—
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 ?
Did Judge Gates give any particular reason?
Read it here….
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.
Thanks. I reached out to her.
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/