Roger Bernstein's Response

With pressure mounting to explain his having engaged a violent convicted felon to gather intelligence on those who spoke at public meetings in opposition to his development plans, Roger Bernstein says it's OK because, technically, he didn't 'employ' the ex-con.


Since he didn't "employ" the felon - only granted him special access to the now exclusive Wisteria Island - Bernstein wasn't under any obligation to spend the five minutes it takes to discover the violent nature of the man he specifically asked to spy on people.


Bernstein, an attorney, explains it all away as his having simply been approached by a man who just wanted to walk his dog on Wisteria, and who was  concerned about illegal activities allegedly occurring on the island. 


According to Bernstein's May 20, 2011 statement, Dennis Walsh first asked for permission to walk his dog on Wisteria Island, then later came forward with supposed knowledge of illegal activities.


One problem with this story, Bernstein had already directed Walsh to spy on those who'd opposed his development plans, before granting Walsh access to the island.


Seems Bernstein doesn’t want to discuss his letter to Walsh dated September 29, 2010, in which he specifically questions Walsh about the activities of the Girards and Cliff Hartman.  Bernstein specifically points to the Girards' as being part of a wall of opposition to his development and requests more information on them from Walsh.

Cliff Hartman also spoke in opposition to Bernstein's development proposal.  He too is singled-out by Bernstein's request for specific personal information.

Bernstein's letter asking Walsh to gather intelligence on these three opponents was dated September 29, 2010. However, Bernstein didn't grant Walsh privileged access to the island until a month later via his letter of October 28, 2010.

This is the one letter he wrote that wasn’t on F.E.B. letterhead, but we have the post-marked envelope from Roger Bernstein mailed from his from Coral Gables PO Box used by his law office, the same date as noted on the accompanying letter. 

Same return address and Coral Gables postmark for Sept. 29 and Oct. 28 letters

Spies, Lies & Developer's Ties

The President of a company trying to develop Wisteria Island, conspired with a multi-state felon and violent fugitive to spy on those who spoke in opposition to the developers' plans.

That fugitive - now jailed for allegedly nearly killing a woman - struck a deal with developer Roger Bernstein, to secretly investigate people who objected to his development, in a desperate attempt to dig-up anything that might be used to discredit those who spoke.

When he didn't find enough to discredit those objecting to Bernstein's development, this convicted felon did what any good convicted felon would do, he just fabricated information.

He then went so far as to recommend a para-military supposed tough-guy whom the Developer might find useful.

Arnaud Girard, his wife Naja, Cliff Hartman and Scott Fraser knew their civic involvement wouldn't be appreciated by developer Roger Bernstein and the Walsh family members of F.E.B. Corporation that own Wisteria Island. What they didn't know, was that the penalty for speaking-up was to have Bernstein secretly inject this violent felon into their everyday lives.

What these people said at the podium, helped convince elected officials to vote against Bernstein's development. Thus began the Developer's clandestine campaign to track the lives of those who dared speak against his project.

This secret undercover affair began to unfold when one of its key players, Dennis Walsh, was jailed on charges of kidnapping and nearly killing a woman.

Many may know Dennis Walsh as the $1-A-Dirty-Joke-Guy street performer from Duval Street.

This March, Walsh was living aboard his boat anchored near Wisteria Island, where the alleged kidnapping and near murder occurred. After his incarceration, he asked a friend to retrieve some documents from his boat.

His friend, Patrick, found the documents Walsh wanted and a few more as well.

Found were letters to Walsh from Roger Bernstein; most on F.E.B. Corp. letterhead, usually arriving in envelopes from Bernstein's law firm located in Coral Gables.

When Patrick confronted Walsh at the jail with the newly discovered information, a somewhat remorseful Walsh confessed to spying on people, including a City Commissioner, for Bernstein and his corporation.

Since Walsh didn't have a cell phone, Bernstein communicated via these letters.

“Thank you for your letter of September 20,” Bernstein replied in a letter back to Walsh dated Sept. 29, 2010. “You raise some very interesting ideas and I think we can work with you on some basis. Please call me on my cell phone 305 986-[xxxx].”

The series of written exchanges, notes and subsequent admissions disclosed that Bernstein engaged Walsh as a spy upon the Girards, Hartman and Fraser.

One of Walsh's first missions was to gather information on Scott Fraser who'd successfully spoken-out against the development. Fraser was known only to Bernstein as having once been the campaign manager for City Commissioner Clayton Lopez, so that's where Walsh started.

Walsh liked Lopez, even considered him a friend. More than once, Lopez - lending a helping hand to someone in need - had driven Walsh to the hospital, waited on him, and driven him back to the city.

"I felt bad about that," Walsh said from the visiting room at the County Jail. "Clayton Lopez had really helped me out a couple of times, and here I was secretly turning on him."

"I remember him approaching me one day," Lopez said of Walsh's surprise visit. "I thought he might need another ride to the hospital, but he only made small talk and wanted to know about Scott's sailboat. Scott is a good friend of mine, but I don't know anything about his boat, so in that regard I was rather useless to Dennis."

"I was rather relieved when I learned Clayton didn't know the name of Fraser's boat or where it was anchored," Walsh said from jail. "I like Clayton Lopez, but being able to walk my dog on Wisteria Island was more important to me than anything."

That was Walsh's compensation for spying for Bernstein and F.E.B. Corporation, access to the now exclusive Wisteria Island to walk his dog.

Fraser lucked-out, because absent more information, Walsh moved on to others on Bernstein's hit-list. Cliff Hartman wouldn't be so lucky.

Hartman was out-of-town when Walsh – a convicted burglar - dinghy’d up alongside Hartman’s boat. Walsh seemed startled when he found Hartman’s girlfriend Andrea Quigley aboard.

She challenged Walsh, questioning why he was approaching Hartman’s boat knowing it was at a time when no one would likely be aboard.

“I just happened to be there that day, which I rarely do when Cliff isn’t there,” Quigley said. “There wasn’t a dingy tied off the back, so it looked like no one was home.”

After recovering from his surprise at finding someone aboard, he told Quigley he’d return someday with Hartman’s “Head on a stick,” and then he’d return to “take care of her,” Quigley said. For a guy now facing felony sexual assault and kidnapping charges, Quigley said she didn’t take this to be an idle threat.

Walsh then fired-off a highly fabricated and grossly libelous report on Hartman to Bernstein.

“Unbelievable!” Hartman said after reading the lengthy report Walsh prepared on him for Bernstein and F.E.B. Corporation.

“All I did was stand up at a few commission meetings and talk about the birds and endangered plants that live on Wisteria Island,” Hartman said.

Having filed his report with Bernstein, Walsh moved on to the Girard family.

Arnaud and Naja Girard, who now own a home in The Meadows, lived and worked for decades on their boat anchored off Wisteria Island. They eked-out a living helping boat owners maintain their vessels, saving them when endangered, recovering them after severe storms and operating a water taxi.

Both Girards spoke at public meetings in opposition to F.E.B. Corporation's proposed development.  That's why Bernstein specifically singled them out to Walsh.

Libelous comments redacted.

“While we were working on our zoning issues we met a wall of opposition. One of the main opponents was Arnaud Gerard and his wife,” Bernstein wrote in his Sept. 29 letter to Walsh. “What do you know about his activities?” Bernstein asks later in his letter.

In his report to Bernstein/F.E.B. Corp., Walsh fabricated two pages of supposed intelligence concerning the Girards.

Walsh elaborates on various methods to discredit the Girards, aimed at preventing them from ever again speaking publicly about the project as Bernstein continues pursuing the development of Wisteria Island.

A portion of his report to Bernstein was actually entitled: "Potential avenues to discredit Gerard in the court of public opinion."

"At first, I was just offended," Arnaud said upon learning the Developer sent a spy into his midst, then he learned of Walsh’s criminal history. “I thought it was really reckless of Mr. Bernstein to associate himself with a violent criminal and then point that criminal in the direction of my wife and my family.

"Maybe Bernstein didn't know about Walsh's criminal history, but the fact is that Bernstein is an attorney," said Girard. "What kind of attorney doesn't know enough to check-out the person he's engaging to spy upon others. It took us less than an hour on google to find out how violent this guy is. Maybe Bernstein didn't know, or simply didn't care; the first would be highly negligent, the latter just downright frightening."

Walsh’s record of criminal convictions in Florida, Virginia and South Carolina, include crimes of multiple thefts, trespass, burglary (2), discharging raw sewage, and battery for strangling a woman on Southard Street in 2008.  He’s presently facing charges of felonious sexual assault, kidnapping and another strangling charge resulting from the March 2011 incident. He remains a fugitive from Virginia regarding probation violations for convictions in that state.

Among Walsh’s suggestions, was that Bernstein engage the services of a local ex-military man who doesn't like Girard.

"A final resource to explore is [name edited] @ 305-[tel. # edited]," Walsh wrote in one of his reports to Bernstein.

"I am on excellent terms with [this guy]. He is ex-military, solid as they come. He runs the crews that secure the cruise ships, among other things. There is no love lost between the two. Feel free to mention my name should you contact [him]," Walsh wrote to Bernstein.

When contacted about his being mentioned in one of Walsh's reports to Bernstein, this man - who asked not to be publicly identified - said there was only a little truth in what Walsh wrote.

He's never served in the military, although he's done some work for the military.  He has no personal qualms with Arnaud Girard, they're more like business competitors. He's done some past work for the owners of Sunset Key, and has strong opinions about whether the island should be developed and would share those opinions with anyone.  However, he said he wouldn't act as someone's enforcer. Bernstein, he said, never followed-up on Walsh's referral, as he's never received a call.

Quigley recalls Walsh hovering nearby as opponents to the development discussed what to do.  She didn't trust him.

"While we were working on our flight-count for the endangered white-crowned pigeons living on Wisteria Island, Walsh was always approaching asking lots and lots of questions about what we were doing,” Quigley said of Walsh’s attempts to get close to F.E.B. Corporation's opponents.

While all this subterfuge was being undertaken by Bernstein and Walsh, the very selling points Bernstein was pitching in favor of developing Wisteria Island, were being violated by his very own agent, Walsh.

Developing the island is the only way to prevent it from being trashed with derelict vessels, old boat motors, raw sewage and being over-run by criminals, was Bernstein’s usual pitch to officials. All the while, Walsh was keeping derelict vessels on the island and working on various boat motors. If there were criminals lurking nearby, it was the multi-state felon and fugitive from justice… Bernstein’s very own secret agent – now county jail inmate - Dennis Walsh.

Bernstein was interested in learning which boaters were and weren’t pumping out their sewage. Yet Bernstein needn’t have looked very far, for on February 9, 2011, Bernstein's own secret agent for F.E.B. Corporation was charged with dumping raw sewage overboard next to Wisteria.

"Is there absolutely no low to which this Developer will stoop," Fraser said of Bernstein's covert efforts on behalf of F.E.B. Corp.

"People who dare speak at public meetings in opposition to big developers, risk having their lives disrupted, reputations sullied, employment threatened and goons sent to visit their homes. This isn't the America I know; this sounds more like old Russia," Fraser said.

"What's next... are they going to start making people disappear," Fraser wondered. "I know that sounds a bit paranoid and far-fetched, but when there's literally hundreds of millions of dollars at-stake, it makes you wonder how far some people might be willing to go.

"Add that to the fact that their main man is currently facing charges for the kidnapping and near murder of a woman, and suddenly the far-fetched starts to seem plausible."

F.E.B. Corporation's officers & Board of Directors

Note: The Developers' next bite at the apple is scheduled for May 25, 2011, when they appear before the County in Marathon in yet another attempt to gain increased development approval for Wisteria Island.

Most Recent Mug Shot

Roger Bernstein Addressing County Planning Board about Wisteria Development Proposal

Other corporate affiliations of Roger Bernstein in Florida only

Wikipedia history of Wisteria Island

Epilogue - BCCLT

Much has transpired since the last BCCLT posting.

Norma Jean Sawyer, the former BCCLT Executive Director is facing felony theft charges for her role in the organization's financial irregularities.  A trial is tentatively scheduled for May 16, 2011 @ 8:45 a.m.  Since there hasn't been any publicity on a forthcoming trial, it may be up for another continuance.

The organization has mostly ceased to function, and is almost disbanded, save some final legalities. The City's housing commission has assumed most if not all of the former BCCLT properties.  There may be one or two hold-outs, but their options are quickly diminishing.

From time to time, there's rumblings that some may try to resurrect the BCCLT in one form or another, but no legitimate organization wants anything to do with any form of a BCCLT, old... improved version... or newly crafted similar organization.

Essentially, the BCCLT is dead.  It died of it's own mismanagement, complete lack of oversight and rampant corruption.

UPDATE: 21 March 2012 - Norma Jean Sawyer was ultimately convicted of theft of BCCLT funds.  She was sentenced today with two years in prison, 25 years probation & $153,000 restitution. Enough said.

What Now for BCCLT?

Recent revelations regarding the outrageous behavior of officials of the Bahama Conch Community Land Trust are at best, terribly disturbing, and at worst, bordering perilously close to criminal.

The forensic audit is only in its initial stages, and already the very preliminary results lead us to prepare for the absolute worst that’s likely to come. All this, and the auditors have yet to delve into the specifics of this non-profit’s financial dealings.

Listening to the audio tapes of their Board of Director’s meetings, invokes outrage in all most everyone – and rightfully so. Hurt most by these revelations are the very people who supported this organization over the years. While most of us feel anger, they’re experiencing a combination of outrage and betrayal.

Putting our emotions aside for the moment, the pressing question at-hand is, “What do we do with the Land Trust now?”

The easiest thing we can do is let it collapse under its own weight of lies, deceit, mismanagement, and corruption, along with who-knows-what-else has yet to be revealed. While some may find it emotionally satisfying, the consequences of this collapse would be costly.

The community has an investment in this program; a few million dollars worth of hard cash. The Land Trust’s collapse would throw all its properties – some of which are occupied - into an unimaginable quagmire, both legal and managerial.

Just the behavior of its leaders alone, is enough for the state and federal governments to immediately revoke the organization’s non-profit tax exempt status. Without that, the Land Trust is out of business – permanently. Couple their outrageous behavior with any financial irregularities, and even the concept of another land trust will be destroyed.

Effective immediately, every single Land Trust employee needs to be terminated, and all but one of its Board of Directors resign. Ultimately, he too will need to resign, but he’ll be needed to ensure a proper transition.

On the recordings that have been unearthed so far, Bob Kelley was the only board member to speak against the despicable behavior being contemplated by his colleagues.

He’ll need to remain in place to appoint someone – not of his choosing – to fill a board vacancy. Those two board members will vote to fill a third vacancy, those three to fill a fourth, until all the vacancies have been filled. Then set a timely date for official elections, candidates for which don’t include Kelley.

Only by terminating all past associations, will this non-profit organization have any opportunity to rebuild itself. Accomplishing this is the only way the organization and the City will be able to say this is a completely new organization from top-to-bottom. We would hope Bob Kelley, former employees, volunteers and contractors understand this necessity.

The speed with which this is accomplished is critical. The newly configured Board of Directors and City officials need to be able to present a credible new face of this non-profit to state and federal officials who’ll be eager to revoke this non-profit's credentials.

Another option would be to dissolve the organization in a manner that allows for the proper transition of its assets. Before state and federal authorities will approve the certification of a non-profit, the organization must first declare what will happen to its assets should the organization dissolve. Usually, the dissolving organizations assets are transferred to another non-profit with a very similar purpose and mission; Habitat for Humanity or the City's Housing Authority might be a viable opportunities.

Those are the most viable options for dealing with the organization. Holding the individuals accountable for their behavior and actions are another matter entirely, but the answer is simple. If it appears to be criminal, refer it to the State Attorney’s Office for investigation and possible prosecution.

If federal funds were involved, whatever happened may end up being the subject of a racketeering investigation.

When the members of a non-profit organization engage in severe conflicts of interest, financial improprieties, attempts to deceive public officials and to undermine the electoral process, that's dangerously close to racketeering.

The Land Trust’s attorney – heard on several of the recordings - was incompetent, irresponsible and extremely unprofessional. He needs to be referred to the Florida Bar Association for disbarment proceedings.

To understand the predicament the Land Trust’s Board of Directors have gotten themselves into, one needs to understand the concept behind why nonprofit organizations are authorized and restrictions that accompany this status.

If a group of people want to organize for a public good, whose sole intention is to benefit the community at large, then they should be able to form a charitable organization that allows benefactors to contribute financially and get a tax break for doing so. States can help by exempting these organizations from paying sales tax on its purchases. It’s all for the public good, so their efforts should get this assistance.

However, people could - and sometime do - use such organizations and their benefits to enrich themselves, or for political purposes; thus, the very strict rules governing their financial actions and behavioral activities.

They are strictly prohibited from political activity. Whether it be endorsing candidates for public office whom they deem favorable to their cause, or trying to undermine the candidacy of those less favorable, either will result in swift loss of their non-profit status.

On the tapes, we hear people at the official Board of Directors meetings repeatedly scheming to undermine the re-election of a sitting city official. We hear them scheming to deceive city officials, to say or do anything to get that 99-year lease for the Waterfront property, with plans to return to their evil deeds once the lease has been signed, leaving the City powerless to correct their behavior.

Hearing this, it would take state and federal authorities less than an hour to revoke this organization’s non-profit status; with most of this hour consumed by the paperwork involved.

Conflicts of interests are another huge no-no for non-profits, and the subject of intense concern by the IRS, which issues the most important non-profit certifications.

Allowing the organization’s Executive Director to solely employ the services of her Son’s construction company is a major conflict of interest. When that very same Executive Director is simultaneously the Treasurer of her Son’s construction company, some would consider that corruption.

How a non-profit handles its money is heavily scrutinized by government officials. Turning over large amounts of the organization’s cash to anyone, is a major violation. Turning over large sums of its cash to the son of the Executive Director, so he can use it to supposedly pay others, coupled with the fact that the Director is also the Treasurer for her Son’s company, is potentially criminal.

Some of their most crucial Board meetings have no minutes at all. Those recordings and any written minutes have simply disappeared. Meeting agendas left behind, tell us these were critical Board meeting.

Knowing what we now know about the recordings that still exist, we can only guess how bad the tapes were that are now among the missing or destroyed. We can only surmise, that the conversations on those recordings were so bad that the organization would rather take the hit for not having any records of what transpired during these meetings, than have public learn what was on them.

To the sitting Board Members, your behavior was dishonorable. Whether you were one of the schemers or someone who did little or nothing to stop it, you need to do the only honorable thing left, terminate all the employees and resign.

BCCLT Employees Resign

Friday, Oct. 7, the two BCCLT office employees resigned, effective immediately.

This leaves only Executive Director Norma Jean Sawyer as the non-profit organization's sole employee.

This further cripples the struggling organization, that hasn't any money to cover the smallest of operating costs. It's likely they either hadn't been getting paid of late, or weren't likely to continue being paid.

Going Underground...

As a non-profit organization, the Land Trust is prohibited from political activity by a number of state and federal restrictions. Their attorney warned them their non-profit status would suffer a quick and sudden death if the organization was caught-up in political dealings.

This prompted one board member to say they needed to go underground with their efforts to manipulate the election.

_________________________________________________-
I've included the following recording of their invocation at the start of the meeting, as it seems they even missed the point on this as well...

Sue the City to Get the Waterfront Property...

Another excerpt from the Land Trust's June 27, 2009 meeting of its Board of Directors.

Here they're discussing suing the City to get that 6.6 acres of Waterfront property. Earlier during this meeting, Executive Director Norma Jean Sawyer talked about her conversations with an attorney in Boston about doing just that.