Sharon R. Bock, Esq. Clerk 8: Comptroller Palm Beach County, Florida Investigation Report ?12:33:33." Case Number 2016-003 Status: Open Division of Inspector General 301 North Olive Avenue West Palm Beach, FL 33101 Telephone: (561) 355-6782 Fraud Hotline: (561) (3728) Reissued Date: December 8, 2017 Originally Issued: March 10, 2017 Subject: Elizabeth Savitt (Palm Beach County) Case Number: OPPG Guardian INV 2016-003 OPPG Complaint: 00003 Reference: Investigation Report Disposition: OPEN A. Overview of Investigation Background: The Clerk and Comptroller for Palm Beach County, Division of Inspector General ("Clerk's as a member of the Clerks? Statewide Investigations Alliance provides independent, objective, and'expert investigative services to the Florida Department of .Elder Affairs, Of?ce of Public and Professional Guardians through a Memorandum of Understanding Investigations by the Clerk?s IG will reach one of the following three conclusions of fact per allegation: Substantiated means there is suf?cient information to justify a reasonable conclusion that the allegation is true. . Unsubstantiated means there is insuf?cient information to either prove or disprove the allegation. - Unfounded means there is sufficient information to indicate the allegation is false. The Clerk has a contractual obligation to provide investigative services to OPPG, which buttresses the Clerk?s statutory duties outlined in Florida Guardianship Law. The Clerk has the statutory duty to audit guardianship reports and advise the Court pursuant to Section Fla. Stat; and the Clerk has the statutory authority to perform enhanced audits and investigations of guardianship proceedings, pursuant to Section Fla. Stat, and Section Fla. Stat. In ful?lling these duties, the Clerk administratively audits all guardianship reports, including the initial veri?ed inventory, annual accounting, initial plan, and annual plan in Palm Beach County, through a Level 1 audit review process. Level 1 audit reviews are more ministerial in nature and satisfies the statutory requirement to ensure accountings and plans comply with Florida Statute and Generally Accepted Accounting Principles (GAAP). Additionally, Level 1 audits ensure that reports are ?led timely and are mathematically accurate. Based on an escalation of a Level 1 audit. and/or a concerned citizen lodging a report to the Clerk?s Guardianship Fraud Hotline, and/or a judicial request, the Clerk?s lG scrutinizes guardianships by selectively performing Level 2 (limited scope) or Level 3 (full scope) audits and investigations. Level 2 and Level 3 audits are considerably more in depth; transactions are closely examined. Additionally, Level 2 and Level 3 audits utilize advanced audit and investigative procedures such as third party veri?cations, subpoenas, inspections, and interviews. The Clerk?s lG is accredited by the Commission for Florida Law Enforcement Accreditation, Inc. which demonstrates compliance with investigative standards and processes. In addition, the Clerk?s lG conducts audits in compliance with the professional standards promulgated by The Institute of Internal Auditors (llA). lnvestiqative Summary: On March 10, 2016, Florida Senate Bill 232 (2016) became law; the OPPG was statutorily created and charged with monitoring, educating, and regulating professional guardians. On March 16, 2016, the OPPG received a complaint about a registered professional guardian, Elizabeth ?Betsy? Selden Savitt (?Savitt?), who practiced in Palm Beach County. The OPPG complaint alleged that Savitt was involved with corruption and collusion of judges and lawyers in Delray Beach for ?nancial gain (OPPG Complaint 00003). The OPPG determined that there was a legally suf?cient basis to believe Savitt may have violated a provision of Florida Guardianship Law or Florida Criminal Code requiring the Clerk?s lG to investigate pursuant to the MOU. The Clerk?s IG concurs that the complaint was legally suf?cient. On September 30, 2016. the OPPG referred the complaint to the Clerk?s 16. On October 11, 2016, the Clerk?s IG initiated an investigation on behalf of the OPPG about the allegation. Given Florida Senate Bill 232 became law on March 10, 2016 and the complaint was lodged on March 16, 2016, the Clerk?s IG scope of the OPPG investigation under Section 744.2004, Fla. Stat, comparing the guardian?s conduct to Florida Guardianship Law and Florida Criminal Code was six days. The Clerk?s IG concluded that the overall allegation is substantiated based on a preponderance of the evidence standard. Savitt was involved with corruption and collusion of judges and lawyers in Delray Beach for ?nancial gain. Regardless of the incipience or termination of Savitt?s conduct, the continuum of her actions endured through the six-day period from March 10, 2016 through March 16, 2016. In making this conclusion, the Clerk?s lG relied on ?ndings from two investigations (PBC GDN-12- 22 and PBC GDN- -14-55), pursuant to section 744. 368(3), Fla. Stat. and Section 744. 368(5), Fla. Stat. The conclusion of fact for the Clerk?s OPPG investigation was reached based on ?ndings of the Clerk?s earlier statutory investigation. The reliance on the Clerk?s statutory investigations were consistent with Section 744. 2004, Fla. Stat. in that, the statutory directive to OPPG was to coordinate, to the greatest extent possible, with the clerks of court to avoid duplication of duties with regard to the ?nancial audits prepared by the clerks pursuant to Section 744.368, Fla. Stat. Clerk 8: Comptroller, Palm Beach County, Division of Inspector General OPPG Guardian Investigation 2016-003 Page 2 of 25 The investigation identified 12 areas of concern: 9 of the concerns were substantiated, 2 of the concerns were unsubstantiated, and 1 concern was unfounded. Substantiated concerns: Savitt was subsequently appointed as an Emergency Temporary Guardian (ETG) and then Guardian in a case adjudicated by Judge Gillen under less than customary guardianship proceedings (Area of Concern 1, page 6). Savitt was subsequently appointed as guardian in two cases after Judge Colin ?rst appointed Attorney Hazeltine to be counsel, and the cases were transferred to other judges (Area of Concern 3, page 9). Attorney Hazeltine's involvement in 11 guardianship cases ultimately steered the appointment of Savitt as guardian (Area of Concern 4, page 10). Six court orders in three of Savitt?s guardianship cases and one non-guardianship case were adjudged by her husband, Judge Colin (Area of Concern 5, page 15). Sherri Norton, a Florida state courts employee and Judicial Assistant to Judge Colin, was involved with six documents either as a notary or personal reference for Savitt (Area of Concern 6, page 16). Savitt petitioned the Court, nunc pro tune, to taking retainers or fee advances totaling $21,500 for guardian services in seven guardianship cases (Area of Concern 7, page 16). The involvement of Attorney Hark in two guardianship cases ultimately steered the appointment of Savitt as guardian and curator (Area of Concern 8, page 18). Savitt attempted to improperly take a retainer, advancement, or ?in trust? fees for curator services totaling $20,000 and/or unreasonable curator fees totaling $55,221 (Area of Concern 10, page 18). Savitt gained ?nancially from being a guardian and curator in the Florida 15?h Judicial Circuit Court System because of her husband, Judge Colin (Area of Concern 12, page 22). Unsubstantiated concerns: Savitt's appointment as guardian and curator and Savitt not objecting to Attorney Hark's legal fees was quid pro quo (Area of Concern 9, page 18). Savitt traveled internationally with Judge Colin and Judge French to the Commonwealth of the Bahamas on an airplane piloted by Judge French (Area of Concern 11, page 21). Unfounded concerns: F.S. Savitt used F- ?s guardianship assets to satisfy a large debt of mortgage in a foreclosure action rea Concern 2, page 7). Clark Comptroller, Palm Beach County, Division of Inspector General OPPG Guardian Investigation 2016-003 Page 3 of 25 B. Relevant Investigations The Clerk's lG has had the statutory authority to audit and investigate guardianship proceedings in Palm Beach County since 2011 well before the enactment of Florida Senate Bill 232 in 2016. To date. two investigations (PBC GDN-12-22 and PEG involving approximately 20 guardianship cases in Palm Beach County, have been initiated by the Clerk?s IG related to Savitt. Palm Beach County Clerk IG Investigation GDN-12-22 1. Inception: The Clerk?s IG investigation (PBC GDN-12-22) started upon an anonymous report to the Clerk?s Guardianship Fraud Hotline on May 10, 2012. The allegation reported to the Clerk?s IG was that Savitt had a signi?cant con?ict of interest, she was married to a Guardianship/Probate Circuit Court Judge and practicing guardianship in the Circuit Court. 2. Findings: Circuit Court Judge Martin Howard Colin (?Judge Colin") and Savitt were in a relationship as early as 2004. Judge Colin was married to Savitt on March 15, 2008. Judge Colin was elected to the circuit court bench in 2004. It should be noted that Judge Colin retired from the bench prior to January 1, 2017. During his tenure, Judge Colin was assigned to the (Guardianship/Probate) IY Division and the (Family) FX Division in the South County Courthouse (Delray Beach) Savitt was administratively registered with the OPPG (formerly the Statewide Public Guardianship Of?ce) effective JanUary 1 2012. Savitt provided guardian services to numerous wards and did not adequately disclose the con?ict. Savitt did not disclose in a petition for appointment of guardian to the Court that she had a con?ict that may interfere with the proper discharge of the guardian?s du?es. Savitt did disclose that she was married to ?Martin H. Colin" in guardianship applications ?led in guardianship cases. 3. Major Violations of Florida Guardianship Law: Savitt violated Section 744.446. Fla. Stat. Savitt had a significant con?ict of interest, she is the spouse: of a then Circuit Court Judge assigned to the Guardianship/Probate Division, and did not disclose to the Court in a petition for appointment of guardian that she had a con?ict that may interfere with the proper discharge of the guardian's duties pursuant to Section 744.446, Fla. Stat. Savitt violated Section Fla. Stat. and Section Fla. Stat. The signi?cant and undisclosed con?ict of interest was contrary to the wards best interest under the circumstances pursuant to Section Fla. Stat. and Section Fla. Stat. . Savitt did not satisfy the conflict of interest statutes in Section 744.446, Fla. Stat, by disclosing that she was married to "Martin H. Colin" in guardianship applications. 4. Final Disposition in the Circuit Court: The allegation that Savitt had a signi?cant con?ict of interest was substantiated. The matter was referred to then Chief Judge Peter D. Blanc with various recommendations. The Clerk's IG investigation was closed on May 15, 2012. Clerk Comptroller, Palm Beach County, Division of Inspector General OPPG Guardian Investigation 2016-003 Page 4 of 25 Palm Beach County Clerk lG Investigation GDN-14-55 1. Inception: A Clerk?s lG investigation (PBC GDN-14-55) was initiated based upon three confidential reports to the Clerk?s Guardianship Fraud Hotline on December 8, 2014. April 16, 2015, and June 16, 2015. The allegations reported to the Clerk?s lG involved an elderly person under guardianship, signi?cant family discord, and issues related to a Durable Power of Attorney in .Palm Beach County. Savitt was not the subject, per se, of the allegations. Since the allegations centered on conduct prior to the adjudication of the guardianship, the allegations were referred to the Palm Beach County Sheriff?s Of?ce and the Of?ce of the State Attorney for the Florida 15th Judicial Circuit Court on December 9. 2014. The Clerk's lG received another report to the Clerk?s Guardianship Fraud Hotline on June 16, 2015 from an alleged family victim about Savitt and collusion between the court and lawyers. The Clerk?s lG initiated an investigation based on the con?dential report. Approximately 20 guardianship and other division cases were reviewed during the investigation. Findings: There are 12 areas of concern, which are summarized in the ?Overview of Investigation? (page 1-3) and described in further detail in ?Section The areas of concern are listed in order of potential signi?cance. 0 9 areas of concern were substantiated. . 2 areas of concern were unsubstantiated. . 1 area of concern was unfounded. Major Violations of Florida Guardianship Law: 0 Savitt violated Section 744.446, Fla. Stat. Savitt had a significant Con?ict of interest, she is the spouse of a then Circuit Court Judge assigned to the Guardianship/Probate Division, and did not disclose in a petition for appointment of guardian to the Court that she had a con?ict that may interfere with the proper discharge of the guardian's duties pursuant to Section 744.446, Fla. Stat. . Savitt violated Section Fla. Stat. The signi?cant and undisclosed con?ict of interest was contrary to the wards best interest under the circumstances pursuant to Section Fla. Stat. and Section Fla. Stat. . Savitt did not satisfy the conflict of interest statUtes in Section 744.446, Fla. Stat, by disclosing that she was married to "Martin H. Colin" in guardianship applications. . Savitt appointment as the Emergency Temporary Guardian and Guardian was contrary to Section 744.312. Fla. Stat. (2014). Savitt violated Section Fla. Stat., Section Fla. Stat. and Section Fla. Stat. by disbursing guardianship assets for advanced fees or retainers Final Disposition in the Circuit Court: When this OPPG investigation is ?Closed,? the Clerk?s lG will submit the report to the Chief Judge pursuant to Administrative Order 6.310 (professional guardian registry and rotation wheel) forthe Florida 15"1 Judicial Circuit Court and also ?led in the docket in all of Savitt?s open and on-going guardianship cases in Palm Beach County. Thereafter, the Clerk?s lG will close this investigation. Clerk Comptroller, Palm Beach County, Division of inspector General OPPG Guardian Investigation 2016-003 Page 5 of 25 C. Details of Investigative Findings Details of the investigative ?ndings regarding the 12 areas of concern from Clerk?s IG investigation (PBC GDN-14-55), listed in the ?Overview of Investigation? are provided below, which are listed in the order of potential significance to the investigation. 1. Area of Concern: Savitt was subsequently appointed as an Emergency Temporary Guardian and then Guardian in a case adjudicated by Judge Gillen under less than customary guardianship proceedings. This concern was substantiated. a. Investigative Findings: Guardianshi of F.S. . A ?Petition for Appointment of Emergency Temporary Guardian? was ?led by Webb Millsaps, Esq. ("Millsaps?) on December 3, 2014 at 2:10 PM. - Upon case initiation, the Clerk assigned both the guardianship and mental health cases to Circuit Court Judge Jeffrey Gillen ("Judge Gillen?) in the FZ Division (South County Courthouse in Delray Beach). 0 An email from a Clerk Courtroom Administrator II in South County was sent to a distribution list including Judge Colin, Sherri Norton, Judge Gillen and the Judicial Assistant for Judge Gillen on December 3. 2014 at 4:34 PM. Sherri Norton is an employee of the Florida 15?1 Judicial Circuit Courts assigned to Judge Colin as a JA since December 2006. The email stated, COUNTY IS ALL ETG with Judge Gillen div This email noti?cation from the Clerk to the Court is customary and within ordinary procedures established by the Clerk and the Court. It should be noted that stands for ?Emergency Temporary Guardian.? The email from the Clerk Courtroom Administrator II is signi?cant because it gave Judge Colin and/or Sherri Norton an opportunity to discuss the case with Judge Gillen or Judge Gillen's JA. The Clerk?s lG has not substantiated whether Judge Colin and/or Sherri Norton actually read the email from the Clerk. . An ?Order Appointing Emergency Temporary Guardian? and ?Letters of Emergency Temporary Guardian? was adjudicated by Judge Gillen and stamped on December 4. 2014 at 12:34 PM. The Order and Letters appointed Savitt as the ETG. . According to the ETG petitioner, Millsaps, the court sua sponte (?on its own accord?) appointed Savitt as the ETG. Millsaps veri?ed with the Clerk?s lG that he did not recommend or suggest Savitt. . According to the Court-Appointed Attorney, Edward Shipe, Esq. (?Shipe?), there was no explanation for the appointment of Savitt as the but Shipe did not express any concerns or objection to the Court. Shipe veri?ed with the Clerk?s IG that he did not recommend or suggest Savitt. Further, Shipe offered to the Clerk?s IG, . .And I don?t think Judge Gillen did Shipe stated that he assumed that Millsaps recommended Savitt to Judge Gillen. It should be noted that the Clerk?s IG did not expressly ask Shipe for the further information offered. 0 An "Order Appointing Limited Guardian of the Person and Property? was adjudged by Judge Gillen on January 7, 2015; Savitt was appointed the limited guardian. According to Shipe, Judge Gillen discussed the conflict with Savitt and Shipe at the hearing to appoint Savitt as the guardian. Again, Shipe did not object to the appointment of Savitt. Clerk Comptroller. Palm Beach County. Division of Inspector General OPPG Guardian Investigation 2016?003 Page 6 of 25 b. Analysis: . At the time. pursuant to Section 744.312, Fla. Stat. (2014), the Court could appoint any person who is ?t and proper and quali?ed to act as a guardian. However, the Court had to follow Section 744.309, Fla. Stat. which disquali?es persons with a con?ict of interest. Savitt had a signi?cant con?ict of interest, did not disclose the con?ict of interest in the petition to appointment of guardian pursuant to Section 744.446, Fla. Stat. Judge Gillen was aware that Savitt was the wife of then a sitting Guardianship/Probate Circuit Court Judge. The appointment of Savitt as the guardian violated Section 744.446, Fla. Stat, because Savitt had a con?ict that may interfere with the proper discharge of the guardian?s duties. As such, the appointment of Savitt as the guardian was not in the wards best interest under the circumstances pursuant to Section Fla. Stat. The appointment of Savitt as the ETG and guardian was a driving-factor behind guardianship proceedings legislation, Florida House Bill 5, in 2015. Pursuant to Section Fla. Stat, effective July 1, 2015, an ETG who is a professional guardian may not be appointed as the permanent guardian of a ward unless one of the next of kin of the alleged incapacitated person of the ward requests that the professional guardian be appointed as permanent guardian. The Court may waive the limitations of this paragraph if the special requirements of the guardianship demand that the Court appoint a guardian because he or she has special talent or speci?c prior experience. The Court must make speci?c ?ndings of fact that justify waiving the limitations of this paragraph. The legislative intent of this subsection of Florida Guardianship Law was to prevent professional guardians from ?trolling? to ?nd incapacitated persons and forcing them into court-ordered guardianships. There were no written ?ndings of fact identi?ed to adequately waive the limitations and support Savitt?s appointment as the guardian. - Pursuant to Section Fla. Stat. (2015), another provision of Florida House Bill 5, when the court appoints a professional guardian and does not use a rotation system for such appointment, the court must make a speci?c finding of fact stating why the person was selected as guardian in the particular matter involved. The ?ndings must reference factors that are listed in Section Fla. Stat, and Section Fla. Stat. - There were no written ?ndings of fact identi?ed to adequately support Savitt's appointment. It should be noted that a rotation system for appointing professional guardians was not formalized by the Florida 15th Judicial Circuit Court until January 15, 2017. . The concern was substantiated. F.S. 2. Area of Concern: Savitt used the Fl B-s guardianship assets to satisfy a large debt of mortgage in a foreclosure action. This concern was unfounded. a. Investigative Findings: F.S. Citbank v. Savitt {20090A033674i and Guardianship of A ?Complaint to Foreclosure Mortgage" was ?led by Citibank, the plaintiff, against Savitt in Florida 15th Judicial Circuit Court Case Number 20090A033674 on October 5, 2009. Judge Colin was listed as a co-defendant. . A ?Final Judgment of Foreclosure? was adjudged by the Court on July 16, 2010; the ?nal judgment ordered that $268,211.23 was due. Clerk Comptroller, Palm Beach County, Division of Inspector General OPPG Guardian investigation 2016?003 Page 7 of 25 F.S. F.S. A ?Notice of Foreclosure Sale? was ?led by the Clerk on July 16, 2010. The foreclosure sale was scheduled for November 9, 2010. An ?Agreed Order Granting Savitt?s Motion to Vacate Judgment and Cancel Sale? was adjudged by the Court on September 17, 2010. A ?Mediators Report? was ?led by a certi?ed mediator on November 24, 2010. The report stated that "no agreement was reached; impasse? and ?Borrower will submit complete HAMP Application within 7 days; bank (attorney) agreed to place litigation on hold pending 30 day review." it should be noted that HAMP is an acronym for ?Home Affordable Modi?cation Program.? A ?Motion to Reopen Closed Case? was ?led by the plaintiff on April 15, 2014.. A ?Foreclosure Case Status Form? was ?led by the plaintiff on November 17, 2014; the amount of indebtedness was $308,328.04. A ?Consent Final Judgment of Foreclosure? was adjudged on November 17, 2014; the amount due was $308,328.04. In the Guardianship of F- 3- (Case Number -, an ?Order Appointing Emergency Temporary Guardian? and ?Letters of Emergency Temporary Guardian" was adjudicated by Judge Gillen on December 4, 2014; the order and letters appointed Savitt as the ETG.- An "Order Appointing Limited Guardian of the Person and Property? and ?Letters of Limited Guardian? was adjudged on January 7, 2015; the order and letters appointed Savitt as the guardian. A "Notice of Sale" was ?led by the plaintiff on February 20, 2015; the foreclose sale was schedule for March 17, 2015. The notice of sale was published in the Palm Beach Daily Business Review March 2, 2015 through March 9, 2015. A ?Joint Stipulation and Notice of Dismissal and Release of Lis Pendens? was ?led by Savitt and the plaintiff on March 18, 2015; the foreclosure action was dismissed in its entirety with prejudice. The Clerk?s IG received documentation from Savitt that traced the funds used to satisfy the foreclosure mortgage to the original source of the funds and priorto December 4, 2014 when the Letters of Guardianship were issued. The mortgage was satis?ed on March 10, 2015 using funds that were not ever guardianship assets. The documents were provided to the State's Attorney Of?ce for the Florida 15th Judicial Circuit Court in response to a ?State Attorney Subpoena" (Case Number to the Clerk's lG. b. Analysis: There was a perception that the timing of the satisfaction of mortgage and the guardianship proceedings were related. However,.the Clerk?s lG traced the source of funds used to satisfy the large debt of mortgage without exceptions. The concern was unfounded. Clerk Comptroller, Palm Beach County, Division of Inspector General OPPG Guardian Investigation 2016-003 Page 8 of 25 . Area of Concern: Savitt was subsequently appointed as guardian in two cases after Judge Colin ?rst appointed Attorney Hazeltine to be counsel, and then the cases were transferred to otherjudges. This concern was substantiated. a. investigative Findings: Guardianshi of .S. . An ?Order on Petition for Authorization to Represent Ward" was adjudged by Judge Colin on December 4, 2009. Sheri Hazeltine, Esq. (?Hazeltine?) was ordered to represent the Ward. . An ?Order of Transfer" was adjudged by Judge Colin on October 13, 2010, requesting Circuit Court Judge Charles E. Burton (?JudgeBurton?) to hear the case. The ?Order of Transfer? was improper and bypassed a random reassignment of a new judicial division by the Clerk. In essence, this is a strategy or process that could be an attempt to ensure the guardianship case would remain in South County Courthouse (Delray Beach). 0 A ?Request for Voluntary Resignation of Guardian and Appointment of Successor Guardian or Petition to Remove Guardian and Appointment of Successor Guardian? was ?led by Hazeltine on October 12, 2010. The Petition proposed Savitt as the SucceSsor Guardian. . A ?Clerk?s Notice of Reassignment? was ?led on October 26, 2010'; the case was reassigned from Judge Burton to Circuit Court Judge Jack Cook ("Judge Cook?) located at the Main Courthouse (West Palm Beach). It should be noted that Judge Cook is currently retired from the bench. . A ?Successor Letters of Limited Guardianship of the Person and Property? was issued by Judge Cook on December 8, 2010. The Letters appointed Savitt as the Successor Limited Guardian of the Person and Property. The legal counsel for Savitt was Stephen Ward Hall, Esq. 0 An ?Order Discharging Counsel? was entered by Judge Cook on December 17. 2010. Hazeltine was discharged as counsel representing the ward. A ?Stipulation and Substitution of Counsel? was ?led by Hazeltine and Hall. An "Agreed Order on Stipulation and Substitution of Counsel? was adjudged by Circuit Court Judge Diana Lewis (?Judge Lewis?) on August 15, 2011. Hall was permitted to withdraw as counsel for Savitt; Hazeltine was substituted as counsel in place of Hall. It should be noted that Judge Lewis is retired and currently no longer on the bench. . A ?Motion to Transfer Case to South County Courthouse? was ?led on February 15. 2012. The motion was withdrawn on February 17, 2012. 0 An ?Agreed Order of Discharge of Guardian of Person and Property" was adjudged on October 21, 2014. The guardianship was administratively closed. Guardianshi of I. 135- - An ?Order Appointing Counsel of the Emergency Temporary Guardian? was adjudged by Judge Colin on December 1, 2011, appointing Hazeltine as the attorney for the ward. . An ?Order Appointing was adjudged by Circuit Court Judge James Martz (?Judge Martz?) on December 2, 2011. appointing Savitt as the ETG. Hall is the attorney for Savitt. - An ?Order of Reassignment? was adjudged on December 7, 2011 by Judge Colin; the order transferred the case to Judge Martz. Clerk 8. Comptroller, Palm Beach County. Division of inspector General OPPG Guardian investigation 2016-003 Page 9 of 25 F.S. 744.2111(1)(a) F.S. 744.2111(1)(a) F.S. 744.2111(1)(a) F.S. 744.2111(1)(a) F.S. 744.2111(1)(a) An ?Annual Guardianship Plan of the Guardian Advocate of the Person? for the period of November 1, 2011 through October 31, 2012 was ?led by Savitt on January 19, 2012. An ?Order Approving Annual Plan of Guardian of Adult Person? was entered by Judge Colin on February 17, 2012. It should be noted that Judge Colin?s signature appears above the name of Circuit Court Judge Rosemarie Scher (?Judge Scher?). Similarly, Judge Colin had a con?ict to enter any orders in this matter due to his wife?s involvement. It was improper for Hazeltine to not bring this improper order to the attention of the court. Guardianshi of F.S. An ?Order Approving Initial Plan of Guardian of Adult Person? was adjudged by Judge Colin on June 10, 2011. The guardian was Angela White Kraemer and Hazeltine was the attorney of record for the guardian. According to "Petition for Discharge of Guardian Advocate and Appointment of Successor Guardian Advocate; Request to Transfer Matter to the Honorable Circuit Judge Charles Burton" ?led on June 10, 2011, the former guardian, Angela White-Kraemer, was ?currently ill and cannot continue to serve at this time as the The Petition states that should succeed petitioner as the new successor guardian in this matter.? At this point of the proceedings, Judge Colin was assigned to the case. Hazeltine knowingly ?led an improper petition or she should have known the petition was improper because Judge Colin was assigned to the case without simultaneously ?ling a Motion for Disquali?cation. A ?Petition for Appointment of Successor Guardian" was ?led by and through Hazeltine on June 10, 2011. The petition stated, ?Both Angela White Kraemer and the Ward agree that Elizabeth Savitt, a professional guardian, may succeed Angela White Kraemer as the new successor guardian in this matter." At this point of the proceedings, Judge Colin was assigned to the case. It was improper for Hazeltine to ?le this petition (See R. Regulating Fla. Bar An ?Application for Appointment of Elizabeth Savitt as Guardian Advocate" was ?led and the application was co-signed by Hazeltine on June 10, 2011. it was improper for Hazeltine to ?le this application (See R. Regulating Fla. Bar An ?Oath of Guardian Advocate Elizabeth Savitt and Designation of Resident Agent and Acceptance? was ?led and the oath was co-signed and certi?ed by Hazeltine on June 10. 2011. It was improper for Hazeltine to ?le this oath (See R. Regulating Fla. Bar A "Notice of Hearing" was ?led by Hazeltine on June 17, 2011. The notice stated that Judge Burton was to hear the matter ?Petition for Discharge of Guardian Advocate and Appointment of Successor Guardian Advocate; Request to Transfer Matter to the Honorable Circuit Judge Charles Burton.? This was procedurally improper as the case was not assigned to Judge Burton and there ?rst needed to be an Order of Recusal entered by Judge Colin that instructed the Clerk to randomly reassign the case to another division. An "Agreed Order Appointing Successor Guardian Advocate? was adjudged by Judge Burton on. June 30, 2011. The Order appointed Savitt as the successor guardian advocate. It should be noted that the order did not transfer the matter to Judge Burton; Judge Colin was still assigned the case. For the reasons set forth immediately above, this was done improperly. A ?Petition for Order Authorizing Payment of Attorney?s Fees and Expenses? was ?led by Hazeltine on June 18, 2011. It was improper for Hazeltine to ?le this petition knowing Judge Colin was assigned to the case. The itemized description of legal services indicated that Hazeltine prepared the oath and application for Savitt on May 24, 2011 and Savitt and Clerk Comptroller, Palm Beach County, Division of inspector General OPPG Guardian investigation 2016-003 Page 11 of 25 F.S. al? ES. F.S. Hazeltine met for 6 minutes on May 29, 2011. It was improper for Hazeltine to ?le this petition (See R. Regulating Fla. Bar A "Veri?ed Inventory" was ?led and the inventory was signed by Hazeltine on September 21, 2011. It was improper for Hazeltine to ?le this inventory (See R. Regulating Fla. Bar An ?Initial Guardianship Plan of the Guardian Advocate" for the period of June 29, 2011 through June 30, 2012 was ?led by Savitt and signed by Hazeltine on September 21, 2011. It was improper for Hazeltine to ?le this plan (See R. Regulating Fla. Bar An ?Order Approving Initial Plan of Guardian of Adult Person" was adjudged by Judge Colin on October 17, 2011. Copies of the order were furnished to Savitt and Hazeltine. It was improper for Hazeltine to ?le and not bring the con?ict of interest to the attention of the court (See R. Regulating Fla. Bar An ?Order Approving Veri?ed Inventory of Guardian of Property" was adjudged by Judge Colin on September 28, 2011. The veri?ed inventory was ?led by the former guardian, Angela White, Kraemer, on May 27, 2011. It was improper for Hazeltine to ?le and not to bring the con?ict of interest to the attention of the court (See R. Regulating Fla. Bar A ?Petition to Waive Accounting? was ?led Savitt and si ned Hazeltine on Se tember It was improper for Hazeltine to ?le this petition (See R. Regulating Fla. Bar An ?Order Waiving Annual Accounting? was adjudged by Judge Scher on November 21, 2011. A ?Petition for Order Authorizing Payment of Compensation and Expenses of Guardian? was ?led by Savitt and signed by Hazeltine. The petition stated, reasonable compensation for the services performed by Fees: It was improper for Hazeltine to ?le this petition (See R. Regulating Fla. Bar The following documents were ?led in guardianships cases, it was improper for Hazeltine to ?le and/or sign these documents (See R. Regulating Fla. Bar - Petition for Order Authorizing Payment of Attorney?s Fees and Expenses, ?led November 3, 2011. Notice of Hearing, ?led November 14. 2011 Annual Guardianship Plan of Guardian of Person, August 2. 2012 Annual Guardianship Plan of Guardian of Person, October 8, 2013 - Annual Guardianship Plan of Guardian of Person, August 21, 2014 A ?Clerk?s Notice of Reassignment? was ?led by the Clerk on March 23, 2015; the Clerk requested reassignment of the case to Division IX to Circuit Court Judge David Elwood French (?Judge French?). Guardianshi of w. 3 RS. A ?Petition to Appoint and Elizabeth Savitt as Successor Co? Guardians? was ?led on March 22, 2012 by the alle ed ward?s mother and Savitt; Hazeltine was the attorney of record for Savitt and . An ?Agreed Order Appointing Successor Plenary Co?Guardians" was ?led on April 27, 2012. The Order stated, ?The co-guardians agree that they will serve without compensation.? A ?Motion to Transfer Case to South County Courthouse? was ?led by Hazeltine on July 18. 2012. An "Order Authorizing Motion to Transfer Case to South County Courthouse? was entered by Judge Lewis on July 24, 2012. Clerk Comptroller, Palm Beach County, Division of Inspector General OPPG Guardian Investigation 2016-003 Page 12 of 25 F.S. 744.2111(1)(a) F.S. 744.2104(2); See also F.S. 744.2111(1)(b) F.S. 744.2111(1)(a) F.S. 744.2111(1)(a) F.S. 744.2111(1)(a) F.S. 744.2111(1)(a) F.S. 744.2104(2); See also F.S. 744.2111(1)(b) F.S. 744.2111(1)(a) F.S. 744.2111(1)(a) F.S. 744.2111(1)(a) F.S. 744.2111(1)(a) F.S. 744.2111(1)(a) F.S. 744.2111(1)(a) F.S. 744.2111(1)(a) F.S. 744.2111(1)(a) F.S. 744.2111(1)(a) F.S. 744.2111(1)(a) F.S. F.S. F.S. b. Analysis: Hazeltine?s involvement as an attorney of record in guardianship proceedings ultimately steered the appointment of Savitt as the guardian. Hazeltine acted improperly by failing to ?le motions for disquali?cation and failing to bring numerous con?icts of interest to the Court's attention. Hazeltine filed motions and petitions in cases that were improperly assigned to Judge Colin. Hazeltine's actions are subject to Rules Regulating the Florida Bar. Attorneys have a duty to disclose and a duty of candor towards the tribunal pursuant to Florida Rules of Professional Conduct (See R. Regulating Fla. Bar A lawyer shall not knowingly fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act by the client. A lawyer shall not knowingly fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel. Judge Colin improperly transferred guardianship cases and bypassed a random reassignment of a new judicial division by the Clerk. In essenCe, this is a strategy or process that could be an attempt to ensure the guardianship case would remain in South County Courthouse (Delray Beach). It was improper for Judge Colin to sign orders in cases involving his wife. The concern was substantiated. Area of Concern: Six court orders in three of Savitt?s guardianship cases were adjudged by her husband, Judge Colin and one court order in a non-guardianship case involving Savitt was adjudged by Judge Colin. This concern was substantiated. a. Investigative Findings: There were six court orders identi?ed in three guardianship cases and one non-guardianship case involving Savitt that were adjudged by her husband, Judge Colin. The following is a list and description of the orders: GuardianShi Case DJ-P Order Filed Order Appointing Counsel on the 9/15/10 Petition for Appointment of Guardian Advocate and Setting Hearing Order Approving Veri?ed Inventory of 6/7/11 Guardian of Preperty Order Approving Initial Plan of 10/17/11 Guardian of Adult Person Annual Guardianship Plan of the 2/10/14 . Guardians of the Person Order Approving Annual Plan of ,2/17/12 Guardian of Adult Person Order Approving Veri?ed Inventory of 9/27/11 Guardian of Property Clerk Comptroller, Palm Beach County, Division of Inspector General OPPG Guardian Investigation 2016-003 Page 15 of 25 F.S. 744.2111(1)(a) F.S. 744.2111(1)(a) F.S. 744.2111(1)(a) F.S. 744.2111(1)(a) F.S. 744.2111(1)(a) F.S. 5/18/12 $1 000 Jud Scher on 6/14/12 4/30/13 $2,000 French on 5/14/13 9/6/13 $1 000 Judge French on 9/1 Bill 9/30/14 1 000 French on 10/1/14 3/17/15 $3 000 French on 4/1/15 7/9/15 $8,000 Marx on 8/27/15 7/30/15 500 Ticktin on 8/26/15 2/19/16 000 1 500 b. Analysis: The practice of taking retainers or advanced fees violates Florida Guardianship Law and is a practice not typically performed by other professional guardians. The Clerk?s IG has audited and investigated over 1,000 guardianship cases; no other professional guardian, to the Clerk lG?s knowledge, has disbursed guardianship assets for retainers or an advancement on fees in any of the cases reviewed. Florida Guardianship Law cites elements that the court must consider to approve guardian fees. All of the statutory elements are in the past-tense, indicating that services were already performed for the ward; before the Court approves and the guardian ultimately receives fees for the guardian's services. When awarding fees to guardians, the court must consider the following criteria: (1) the time and labor required; (2) the novelty and dif?culty of the questions involved and the skill required to perform the services properly; (3) the likelihood that the acceptance of the particular employment will preclude other employment of the person; (4) the fee customarily charged in the locality for similar services; (5) the nature and value of the incapacitated person?s property, the amount of income earned by the estate, and the responsibilities and potential liabilities assumed by the person; (6) the results obtained; (7) the time limits imposed by the circumstances; (8) the nature and length of the relationship with the incapacitated person; and (9) the experience, reputation, diligence, and ability of the'person performing the service (see Section Fla. Stat). Further, Florida Guardianship Law states, ?all petitions for and expenses must be accompanied by an itemized description of the services performed for the fees and expenses sought to be recovered? (see Section Fla. Stat.) and "a petition for fees shall include the period covered and the total amount of all prior covered and the total amount of all prior fees paid or costs awarded to the petitioner in the guardianship proceeding currently before the court (see Section Fla. Stat). One of Savitt's attorneys, Ellen S. Morris, Esq. presented legal arguments that the taking of retainers or advanced fees in guardianships are acceptable by professional guardians. Morris? argument is based on Section Fla. Stat. The statute states a guardian may reasonably necessary, employ persons, including attorneys, auditors, investment advisers, care managers, or agents, even if they are associated with the guardian, to advise or assist the guardian in the performance of his or her duties" (see Section 744.444( 13). Fla. Stat). A guardian may or reimburse costs incurred and reasonable fees or compensation to persons, including attorneys, employed by the guardian pursuant to subsection (13) from the assets of the guardianship estate, subject Clerk 8: Comptroller, Palm Beach County. Division of Inspector General OPPG Guardian Investigation 2016-003 Page 17 of 25 F.S. 744.2111(1)(a) F.S. 744.2111(1)(a) F.S. 744.2111(1)(a) F.S. 744.2111(1)(a) F.S. 744.2111(1)(a) F.S. 744.2111(1)(a) F.S. 744.2111(1)(a) F.S. 744.2111(1)(a) F.S. 744.2111(1)(a) F.S. 744.2111(1)(a) F.S. 733.604(1)(b); See also F.S. 744.2111(1)(b); See also F.S. 744.2104(2) F.S. 733.604(1)(b); See also F.S. 744.2111(1)(b); See also F.S. 744.2104(2) F.S. 733.604(1)(b); See also F.S. 744.2111(1)(b); See also F.S. 744.2104(2) F.S. 733.604(1)(b); See also F.S. 744.2111(1)(b); See also F.S. 744.2104(2) F.S. 733.604(1)(b); See also F.S. 744.2111(1)(b); See also F.S. 744.2104(2) F.S. 733.604(1)(b); See also F.S. 744.2111(1)(b); See also F.S. 744.2104(2) F.S. 744.2111(1)(a) F.S. 119.071(5)(b) F.S. 119.071(5)(b) F.S. 119.071(5)(b) F.S. 119.071(5)(b) b. Analysis Savitt violated Florida Probate Code by attempting to collect an unreasonable fee as a curator. Section 733.501, Fla. Stat. mandates that curator fees be reasonable but does allow the court to consider Section 733.617, Fla. Stat. Section 733.501 (3), Fla. Stat. states, ?Curators shall be allowed reasonable compensation for their services, and the court may consider the provisions of s. 733.617.? Section 733.617, Fla. Stat. states: (1) A personal representative shall be entitled to a commissiOn payable from the estate assets without court order as compensation for ordinary services. The commission shall be based on the compensable value of the estate, which is the inventory value of the probate estate assets and theincome earned by the estate during administration. (2) A commission computed on the compensable value of the estate is presumed to be reasonable compensation for a personal representative in formal administration as folloWs: At the rate of 3 percent for the ?rst $1 million. At the rate of 2.5 percent for all above $1 million and not exceeding $5 million. Hark?s involvement as an attorney of record in a guardianship proceedings ultimately steered the appointment of Savitt as the guardian. The concern was substantiated. There was information that Savitt was appointed to a guardianship case because of Hark; and Savitt did not object to Hark?s legal fees on one occasion. There was no information to determine if there was a ?this for that? intent or mens rea (?guilty mind?); therefore. the concern was unsubstantiated. Savitt did attempt to take improper retainer, advancement, or "in trust" fees for curator services totaling $20,000 and/or unreasonable curator fees totaling $55,221. Savitt seemingly ignored Section Fla. Stat. that mandates that curator fees be reasonable and she focused instead on Section 733.617, Fla. Stat, which courts can consider because the latter statute ?nancially benefited her more. The concern was substantiated. 11. Area of Concern: Savitt traveled internationally with Judge Colin and Judge French to the Commonwealth of the Bahamas on an airplane piloted by Judge French. This concern was unsubstantiated. F.S. a. investigative Findings: On June 16. 2Pwas voluntarily interviewed by the Clerk?s IG. During the interview, stated that Savitt and Judge Colin traveled with Judge French to the Bahamas. refused to reveal the source of the information. The Clerk?s IG con?rmed that Judge French was certified by the US. Department of Transportation, Federal Aviation Administration as a private pilot and rated as a private pilot for an ?airplane single engine land," ?airplane multiengine land" and ?instrument airplane" on May 20, 2010, and as early as January 2001. Publicly and commercially available records indicated that Judge French owned a Cessna model 3376 (nose/tail number N53708). However, the Cessna was likely sold because it was certi?ed by another owner on November 14. 2007. Clerk Comptroller, Palm Beach County. Division of Inspector General OPPG Guardian Investigation 2016-003 Page 21 of 25 F.S. F.S. The Clerk's IG requested international passenger manifests from the US. Homeland Security, US. Customs and Border Protectionand maintenance records from the Federal Aviation Administration (FAA). No information was provided to the Clerk?s IG. On October 3, 2017, Jay Gordon, the ex-husband of Savitt was voluntarily interviewed by the Clerk?s IG. Sergeant Diana Bur?eld and Detective Eric Hutchinson with the Public Corruption Unit at the Of?ce of the State Attorney for the Florida 15th Judicial Circuit Court observed the interview. Gordon stated that he was contacted via tele hone by Savitt approximately 14 years ago about an issue involving their son,* According to Gordon, Savitt and Colin acknowledged traveling to the Bahamas, speci?cally Paradise Island, with Colin and French on an airplane owned and piloted by French. There were 12 guardianship and 4 non-guardianship cases in which Judge French provided court-oversight of Savitt. b. Analysis: There was insuf?cient information to determine whether Savitt traveled internationally with Judge Colin and Judge French. The concern was unsubstantiated. 12. Area of Concern: Savitt gained financially from being a guardian in the Florida Judicial Circuit Court System because of her husband, Judge Colin. This concern is substantiated. a. Investigative Findings: There were 13 cases identi?ed where Savitt received guardianship fees totaling $191,754 from October 5, 2010 through January 24, 2017 (6.3 years): Amou F.S. 897 $28 $27,032 569 $16 070 15.471 Clerk at Comptroller, Palm Beach County, Division of Inspector General OPPG Guardian Investigation 2016-003 Page 22 of 25 F.S. 13 283 11837 $10,179 $6 440 1 494 $1 343 $904 TOTAL $191 754 b. Analysis: Savitt pro?ted and received ?nancial gain from 13 guardianship cases in Palm Beach County. The concern was substantiated. Conclusions: The Clerk's IG has concluded that the allegation that ?Savitt was involved with corruption and collusion ofjudges and lawyers in Delray Beach for financial gain,? during the period of March 10, 2016 through March 16, 2016 based on a preponderance of the evidence (?more probable than not?) is substantiated. Recommendations: The Clerk?s Inspector General is responsible for establishing and maintaining independence so that the inspector general opinions, conclusions. judgments, and recommendations will be impartial and viewed by others as impartial. A cornerstone and guiding principle for inspector generals is the essential and fundamental boundary of independence; independence both in appearance and in fact. As a professional standard, the Clerk's Inspector General should make necessary and appropriate recommendations to the OPPG in the body of an investigative report. The Clerk le' recommendations are based on the scope, observations, and ?ndings of the investigation. The recommendations are suggestions of professional opinions. The scope of the Clerks lG's investigation may not necessarily include information derived from administrative proceedings such as interrogatories, subpoenas, discovery, or hearing testimonies. The investigation reports are issued prior to the completion of the administrative and entire investigative process. The Clerk lG suggests that the OPPG has an obligation to reasonably consider the recommendations and take all necessary actions pursuant to statute and rules to satisfactorily resolve any and all issues. The actions or inactions are made at its sole discretion, and may correctly differ to the Clerk?s recommendation. Since Section 744.2004(2) Fla. Stat. delineates the actions that the OPPG must take, additional recommendations for OPPG action would be redundant and potentially contradictory to Florida statute. Therefore, no additional recommendations are suggested. The Clerk's IG investigation is "open? and ongoing. Clerk Comptroller, Palm Beach County, Division of Inspector General OPPG Guardian Investigation 2016-003 Page 23 of 25 D. Status of Investigation The status of this Clerk?s IG investigation is Law enforcement The Clerk?s lG investigation was referred to Sergeant Diana Bur?eld with the Public Corruption Unit at the Of?ce of the State Attorney for the Florida 15th Judicial Circuit Court On November 21, 2016, the SAC issued a memorandum and concluded, ?This investigation focused on whether the relationship between Judge Colin and Elizabeth Savitt resulted in Savitt receiving an unfair ?nancial advantage assigned to her or if she or her associated attorneys received unfair favorable rulings from Judge Colin. Based on my investigation, there is no evidence to support any of the allegations." It was unclear whether the criminal standard of proof for the investigation was a "beyond of reasonable doubt? or a ?probability of obtaining a conviction? standard; nevertheless, the standard of proof was, undoubtedly and correctly, a higher evidentiary threshold. The Clerk's IG concurs with the SAO conclusion. While circumstantial and anecdotal information of criminal corruption and collusion of the guardian and the judges, court staff, and lawyers in Delray Beach fer ?nancial gain exists, utilizing a higher evidentiary threshold. there was insuf?cient information to preve the criminal allegation was true. The Florida Bar The Florida Supreme Court created The Florida Bar' as its investigating arm to enforce the standards of ethical conduct of lawyers. When lawyers enter the practice of law in Florida,'they obligate themselves to uphold the law and to abide by the Rule Regulating The Florida Bar. Those who violate these professional standards are subject to discipline. The Florida Bar accepts complaints against attorneys, and investigates those complaints and prosecutes attorneys who engage in unethical conduct. The investigative ?ndings of this report involving Sheri Hazeltine, Esq. (Florida Bar Number 674567) and Martin H. Colin, Esq. (Florida Bar Number 187700) should be analyzed and investigated by The Florida Bar. Clerk Comptroller, Palm Beach County, Division of Inspector General OPPG Guardian Investigation 2016-003 Page 24 of 25 The Clerk Comptroller for Palm Beach County, Division of Inspector General, on behalf of the Clerks' Statewide Investigation Alliance, continues to be available for further consultation and direction. 041.?; Anthony Palmieri, JD, CIA, CIGI, CIGA, CCSA Deputy Inspector General 8: Chief Guardianship Investigator Clerk Comptroller for Palm Beach County Division of Inspector General Clerk Comptroller, Palm Beach County, Division of Inspector General OPPG Guardian Investigation 2016-003 Page 25 of 25