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My complaint against Mark Sean Hamilton was limited to matters of discipline of attorneys
(ethics) admitted to practice in Florida. Article V, Section 15, of the Florida Constitution states,
SECTION 15. Attorneys; admission and discipline.The supreme court shall have
exclusive jurisdiction to regulate the admission of persons to the practice of law and the
discipline of persons admitted.
The Florida Supreme Court has exclusive jurisdiction to discipline persons admitted to practice law.
The Florida Bar, an unincorporated association, receives ethics complaints on behalf of the
Supreme Court of Florida. Enclosed is a letter from Ms. Brewer dated March 21, 2016 stating:
Your complaint regarding the above referenced attorney has been referred to me for
review.
The question of whether Mr. Hamilton has violated Florida's public records law involves
a legal question. The Florida Bar is not permitted to intervene in such matters and
therefore, resolution of those issues must be left to the court system. You are not
precluded however, from consulting private counsel, nor are you precluded from
exercising any legal remedy which may be available to you.
In light of the foregoing, our file in this matter has been closed. Pursuant to the Bar's
records retention schedule, the computer record and file of this matter will be disposed of
one year from the date of closure.
My complaint did not ask The Florida Bar to consider whether Mr. Hamilton has violated
Florida's public records law. Ms. Brewers assertion is complete nonsense.
My complaint did not ask The Florida Bar to intervene in such matters More nonsense.
My complaint did not ask The Florida Bar to address any legal question; only misconduct (ethics).
Specifically, my complaint against Mark Sean Hamilton alleged certain violations of the Rules of
Professional Conduct. Tellingly ACAP Bar Counsel Heidi E. Brewer refused to even acknowledge
any of the following violations I alleged against Mr. Hamilton:
December 8, 2016
Page - 2
Rule 4-8.4(a) prohibits the lawyer from violating the Rules of Professional Conduct
or knowingly assisting another to do so.
Rule 4-8.4(b) prohibits a lawyer from committing a criminal act that reflects
adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer.
Rule 4-8.4(c) prohibits a lawyer from engaging in conduct involving dishonesty,
fraud, deceit, or misrepresentation.
Rule 4-8.4(d) prohibits a lawyer from engaging in conduct that is prejudicial to the
administration of justice.
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: 352-854-7807
Email: neilgillespie@mfi.net
Enclosures
William Schifino
President
The Florida Bar
Email: wschifino@burr.com
Michael Higer
President-Elect
The Florida Bar
Email: mhiger@bergersingerman.com
Paul F Hill
General Counsel
The Florida Bar
Email: phill@flabar.org
Adria E Quintela
Lawyer Discipline Director
The Florida Bar
Email: aquintel@flabar.org
Shanell M. Schuyler
ACAP Director
The Florida Bar
Email: SSchuyler@floridabar.org
Richard Courtemanche
Assistant General Counsel
The Florida Bar
Email: RCourtemanche@floridabar.org
Heidi E. Brewer
ACAP Bar Counsel
The Florida Bar
Email: hbrewer@flabar.org
850/561-5600
www.FLORIDABAR.org
~'cf,'e~
Heidi E. Brewer, Bar Counsel
Attorney Consumer Assistance Program
ACAP Hotline 866-352-0707
cc: Mr. Mark Sean Hamilton w/enclosure
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UNITED STATES
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DIVISION OF
ENFORCEMENT
Neil J. Gillespie
Heil illespienmfi.net
TCR Submission number: TCR1458580189411
Submission dated: March 15, 2016
Dear Mr. Gillespie:
Thank you for the information that you submitted under the SEC's Whistleblower Program. We greatly
appreciate your bringing this matter to our attention. The success of the whistleblower program depends
on individuals providing the Commission with specific, timely, and credible information.
Members ofthe staff ofthe Division of Enforcement may contact you for additional assistance or
information. In addition, we encourage you to submit any additional supporting information or materials
that you believe will assist us in analyzing and fully understanding this matter.
As a matter of policy, the SEC conducts its investigations on a confidential basis. The purpose of this
policy is to protect the integrity of any investigation from premature disclosure and to protect the privacy
of persons involved in our investigations. Accordingly, although working with whistleblowers and their
counsel is very important to us, there may be very limited information we can share with you regarding
what action, if any, we are taking in response to your submission. I hope you understand these
limitations.
The Commission is only authorized to conduct investigations into possible violations of the federal
securities laws. You should not expect the Commission to take any actions to the extent your information
relates to conduct outside the scope or coverage of the federal securities laws. We may, however, in
appropriate circumstances, refer your matter to another regulatory or law enforcement agency.
Thank you again for taking the opportunity to submit your information to us. Efforts by persons such as
yourself are critical to the success ofthis program.
Please do not hesitate to contact the Office of the Whistleblowec if you have any questions or concerns.
Best Regards,
G;~ ,
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UNITED STATES
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DIVISION OF
October 4~ 2016
ENFORCEMENT
Best Regards,
J e No erg
http://www.floridabar.org/wps/portal/flbar/home/attysearch/mprofile/!ut/p/z1/jY_LDoIwFEQ_qdMKLSyvBkmLWOMDoRvTFWmi6ML4_ZLGjQvQ...
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FIND A LAWYER
Mail Address:
Email:
Fax: 850-488-7112
hamilmar@dor.state.fl.us
www.floridabar.org/mybarprofile/63819
vCard:
County:
Leon
Circuit:
Admitted:
09/20/1995
10-Year Discipline
None
History:
Law School:
Sections:
Administrative Law
Government Lawyer
Federal Courts:
Firm:
Firm Position:
Government attorney
The Find a Lawyer directory is provided as a public service. The Florida Bar maintains limited basic information about lawyers licensed to practice in the state (e.g., name, address, year of birth,
gender, law schools attended, admission year). However, The Florida Bar allows individual attorneys the opportunity to add personal and professional information to the directory. The lawyer is
solely responsible for reviewing and updating any additional information in the directory. The lawyers added information is not reviewed by The Bar for accuracy and The Bar makes no
warranty of any kind, express or implied. The Florida Bar, its Board of Governors, employees, and agents are not responsible for the accuracy of that additional information. Publication of
lawyers contact information in this listing does not mean the lawyers have agreed to receive unsolicited communications in any form. Unauthorized use of this data may result in civil or criminal
penalties. The Find a Lawyer directory is not a lawyer referral service.
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Leadership Academy
12/8/2016 2:44 AM
March 8, 2016
This complaint concerns two Florida lawyers, Pam Bondi and Mark Hamilton, and Floridas
$1 billion share of a Bank of America (BofA) settlement announced August 21, 2014 with the
U.S. Department of Justice. Mr. Hamilton, and Ms. Bondis office, denied Florida was part of the
BofA settlement in response to my public records request. Later I later found a letter dated August
21, 2014 from Jana Litsey, BofAs Deputy General Counsel, addressed to Pamela J. Bondi, Esq.
Florida State Attorney General, confirming details of the Bank of America settlement:
Of the $7 billion consumer relief package, we expect just in excess of $1 billion to be
effected within the state - in other words, one seventh of the entire package - benefiting
almost 17,000 Florida consumers.
Ms. Litseys letter was linked on the Florida Attorney Generals website with a press release by
Attorney General Bondi. Why then did Hamilton, and Bondis office, lie about Floridas $1 billion
share of a BofA settlement benefiting almost 17,000 Florida consumers, and where is the money?
The respondents violated the Rules Regulating The Florida Bar and Rules of Professional Conduct:
Pamela Jo Bondi, Bar #886440
Office of the Attorney General
PL-01 The Capitol
Tallahassee, FL 32399-0010
Office: 850-245-0140
Email: pam.bondi@myfloridalegal.com
Executed Florida Bar Complaint Form Attached
x Rule 4-8.4(a) prohibits the lawyer from violating the Rules of Professional Conduct or
knowingly assisting another to do so.
x Rule 4-8.4(b) prohibits a lawyer from committing a criminal act that reflects adversely on the
lawyer's honesty, trustworthiness, or fitness as a lawyer.
x Rule 4-8.4(c) prohibits a lawyer from engaging in conduct involving dishonesty, fraud,
deceit, or misrepresentation.
x Rule 4-8.4(d) prohibits a lawyer from engaging in conduct that is prejudicial to the
administration of justice.
March 8, 2015
Page - 2
August 21, 2014 - letter from Jana Litsey, BofAs Deputy General Counsel,
addressed to Pamela J. Bondi, Esq. Florida State Attorney General, confirming
details of the Bank of America settlement:
August 21, 2014 - Attorney General Pam Bondi News Release - Floridians to
Receive More Than $1 Billion in Relief Under National Settlement with Bank of
America.
Exhibit 3
February 29, 2016 - letter by U.S. mail of Mark S. Hamilton, Special Counsel,
Consumer Protection Division Office of the Attorney General, Pam Bondi
March 8, 2015
Page - 3
Exhibit 4
Exhibit 5
Exhibit 6
Neil J Gillespie
Telephone: 352-854-7807
Email: neilgillespie@mfi.net
Enclosures
http://www.myfloridalegal.com/newsrel.nsf/newsreleases/71A6F40AD0BCB88B85257D3B005152C4
en Espaol
Print Version
Tweet
Floridians to Receive More Than $1 Billion in Relief Under National Settlement with Bank of America
TALLAHASSEE, Fla.The Justice Department has entered a settlement with Bank of
America, which will provide nearly 17,000 Floridians in excess of $1 billion in relief.
Eligible Floridians will receive first and second lien principal reductions, loan forgiveness
and other relief. The total amount of consumer relief of the settlement nationally is $7
billion, and Floridas share equals one-seventh of that total.
"Our office worked closely with Bank of America to ensure that Florida homeowners would
be treated fairly in any settlement, and Im pleased that Floridians will be receiving
one-seventh of the overall consumer relief. As a result of the Justice Department's
settlement with Bank of America, it's expected that Florida will receive just over $1 billion
in homeowner relief, benefiting nearly 17,000 Florida homeowners, stated Attorney
General Pam Bondi.
We very much appreciate the extensive investment of time spent by you and your staff in
discussions with the Bank concerning the types and quantity of consumer relief to be
delivered to Florida residents as part of any settlement with the U.S. Department of
Justice, stated Jana J. Litsey, Deputy General Counsel with Bank of America, in a letter to
Attorney General Bondi.
The federal settlement addresses abuses primarily by Countrywide and Merrill Lynch
which greatly contributed to the mortgage crisis. These companies securitized residential
mortgage loans that had been obtained without ensuring that the borrowers could actually
afford the mortgages. They then sold them to investors as so-called residential mortgagebacked securities without disclosing the significant risk that the borrowers holding the
mortgages were unable to stay current on their loans because many of the loans had been
written without proper review to ensure that the borrowers could actually afford the loans.
Bank of America acquired Countrywide and Merrill Lynch shortly before the financial
crisis that resulted from unprecedented defaults on the ill-advised residential mortgage
loans sold to investors around the country.
Page 1 of 1
Neil Gillespie
From:
To:
Sent:
Attach:
Subject:
<attorney.general@myfloridalegal.com>
<NEILGILLESPIE@MFI.NET>
Tuesday, March 01, 2016 11:03 AM
Reply ltr to Gillespie.pdf.pdf
From Florida Attorney General Pam Bondi
Securities and Exchange Commission (SEC) and State Attorneys General from
California, Delaware, Illinois, Kentucky, Maryland and New York (State AGs), all of
which are members of the Residential Mortgage Backed Securities Working Group of
the Financial Fraud Enforcement Task Force; the FHA; and the Government National
Mortgage Association (Ginnie Mae), as well as all pending claims against Bank of
America entities brought by the Federal Deposit Insurance Corporation (FDIC)."
Consequently, our Office does not have any documents responsive to your specific request. This will
serve to close out your additional public records request for documents.
4
3/1/2016
Page 1 of 1
Neil Gillespie
From:
To:
Sent:
Subject:
<attorney.general@myfloridalegal.com>
<NEILGILLESPIE@MFI.NET>
Thursday, January 21, 2016 11:03 AM
From Florida Attorney General Pam Bondi
5
3/1/2016
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net
Cc: Leslie Jacobs, Email: Leslie.Jacobs@myfloridalegal.com
Enclosure
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Page 1 of 1
Neil Gillespie
From:
To:
Cc:
Sent:
Attach:
Subject:
3/1/2016
Neil J. Gillespie
Your Name: ___________________________________
n/a
Organization: __________________________________
8092 SW 115th Loop
Address: ______________________________________
Ocala
FL
City: ______________________________
State: _____
34481
352-854-7807
Zip Code: _________
Phone: ______________________
neilgillespie@mfi.net
Email: ________________________________________
none
ACAP Reference No._____________________________
PART TWO (See Page 1, PART TWO Facts/Allegations.): The specific thing or things I am complaining about are:
PART THREE (See Page 1, PART THREE Witnesses.): The witnesses in support of my allegations are: [see attached
sheet].
PART FOUR (See Page 1, PART FOUR Signature.): Under penalties of perjury, I declare that the foregoing facts are
true, correct and complete.
Neil J Gillespie
_______________________________________________________
Signature
Date
http://www.floridabar.org/wps/portal/flbar/home/attysearch/mprofile/!ut/p/z1/jY_LDoIwFEQ_qdMKLSyvBkmLWOMDoRvTFWmi6ML4_ZLGjQvQ...
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Pamela Jo Bondi
Member in Good Standing
Bar Number:
886440
Mail Address:
Email:
pam.bondi@myfloridalegal.com
www.floridabar.org/mybarprofile/886440
vCard:
County:
Leon
Circuit:
Admitted:
06/24/1991
10-Year Discipline
History:
None
Law School:
The Find a Lawyer directory is provided as a public service. The Florida Bar maintains limited basic information about attorneys licensed to practice in the state (e.g., name, address, year of
birth, gender, law schools attended, admission year). However, through this directory The Florida Bar allows individual attorneys the opportunity to provide for public information certain
expanded personal and professional data. It is the attorney's responsibility to routinely review and update those expanded listings. The information contained in those expanded listings is
presented by the Bar "as is" with no warranty of any kind, express or implied. The Florida Bar, its Board of Governors, employees, and agents thereof are not responsible for the accuracy of
that additional data. Publication of attorneys' contact information within this listing should not be construed as their consent to receive unsolicited communications in any form. Certain
unauthorized uses of this data may result in civil or criminal penalties. The Find a Lawyer directory is not a lawyer referral service.
Member Services
Directories
Attorney Discipline
Lawyers
Consumer Information
Board Certification
Speakers Bureau
Courts
Employment Opportunities
E-filing Resources
Research &
Professionalism
Ethics Opinions
Rules Regulating the Bar
Consultants
Section Membership
Professionalism
3/8/2016 5:15 AM
Neil J. Gillespie
Your Name: ___________________________________
n/a
Organization: __________________________________
8092 SW 115th Loop
Address: ______________________________________
Ocala
FL
City: ______________________________
State: _____
34481
352-854-7807
Zip Code: _________
Phone: ______________________
neilgillespie@mfi.net
Email: ________________________________________
none
ACAP Reference No._____________________________
PART TWO (See Page 1, PART TWO Facts/Allegations.): The specific thing or things I am complaining about are:
PART THREE (See Page 1, PART THREE Witnesses.): The witnesses in support of my allegations are: [see attached
sheet].
PART FOUR (See Page 1, PART FOUR Signature.): Under penalties of perjury, I declare that the foregoing facts are
true, correct and complete.
Neil J Gillespie
_______________________________________________________
Signature
Date
http://www.floridabar.org/wps/portal/flbar/home/attysearch/mprofile/!ut/p/z1/jY_LDoIwFEQ_qdMKLSyvBkmLWOMDoRvTFWmi6ML4_ZLGjQvQ...
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Mail Address:
Email:
Fax: 850-488-4483
mark.hamilton@myfloridalegal.com
www.floridabar.org/mybarprofile/63819
vCard:
County:
Leon
Circuit:
Admitted:
09/20/1995
10-Year Discipline
History:
None
Law School:
Sections:
Administrative Law
Government Lawyer
Federal Courts:
Firm Position:
Government attorney
The Find a Lawyer directory is provided as a public service. The Florida Bar maintains limited basic information about attorneys licensed to practice in the state (e.g., name, address, year of
birth, gender, law schools attended, admission year). However, through this directory The Florida Bar allows individual attorneys the opportunity to provide for public information certain
expanded personal and professional data. It is the attorney's responsibility to routinely review and update those expanded listings. The information contained in those expanded listings is
presented by the Bar "as is" with no warranty of any kind, express or implied. The Florida Bar, its Board of Governors, employees, and agents thereof are not responsible for the accuracy of
that additional data. Publication of attorneys' contact information within this listing should not be construed as their consent to receive unsolicited communications in any form. Certain
unauthorized uses of this data may result in civil or criminal penalties. The Find a Lawyer directory is not a lawyer referral service.
3/8/2016 5:20 AM