Monday, December 21, 2009

Joe Simmons’ Criminal Litigations listed for further research

In our investigation and research on the web, we identified the following criminal litigation naming Joe Simmons as a party in county jurisdictions where he is known to have lived or scammed. We have crossed referenced the information to match the right Joe Simmons.

FLORIDA PROBATION REGION: IV Probation Office#: 153 - west palm beach central
Probation office address: 4480 south tiffany drive, suite 1001, magnonia park, fl 33407
Contact phone: (561) 881-5001

BACKGROUND: RE the case of STATE OF FLORIDA V. JOSEPH E. SIMMONS (CASE NUMBER: 1997-03612-CFA-02-----COURT: PALM BEACH COUNTY CRIMINAL COURT----- DATE OF FILING: APRIL 3, 1997) Simmons was sentenced on DECEMBER 18, 1997 to "NINE MONTHS OF COMMUNITY CONTROL" (DEFINED ELSEWHERE AS "INTENSIVE, SUPERVISED CUSTODY IN THE COMMUNITY, INCLUDING SURVEILLANCE ON WEEKENDS AND HOLIDAYS" FOLLOWED BY MORE THAN 13 YEARS OF PROBATION, AS WELL AS HAVING TO MAKE FULL RESTITUTION TO KRISKO. Our research indicates that Simmons’ court ordered probation was terminated on April 1, 2005.

STATE OF FLORIDA V. JOSEPH E. SIMMONS. Case number 1997-03612-CFA-02, filed in Palm Beach County Criminal Court on April 3, 1997. Simmons – property identified by his Social Security Number and date of birth but also by one of his aliases, “Joseph Edward Simmons” – was charged with one count each of organized scheme to defraud, grand theft, securities fraud, sale of unregistered securities and sale of securities by an unregistered dealer between March and October 1996, defrauding Marta and Istvan Krisko, M.D., of more than $20,000 via this scheme. Andrea Appelman, a financial crime investigator with the Florida Department of Banking, said in a February 1997 affidavit that Simmons sold Krisko a stake in Parisi Property Investments of West Palm Beach.

Simmons, who approached Krisko about the investment a few months after seeking medical treatment from Krisko, initially obtained $25,000 from Krisko for investment, telling Krisko that the company rehabilitated older properties and that an employee, Paul Parisi, managed the properties and aided in renovations; Simmons represented himself as the company‟s vice president. Simmons gave Krisko a $750 check to demonstrate “how well his investment was doing,” according to the affidavit, and Krisko later invested another $25,000, and Simmons gave Krisko another “interest” check for $1,500 on October 31, 1996. Parisi, when interview by Appelman, said he had responded to a newspaper ad seeking new investment opportunities placed by Simmons, who “represented himself as a very wealthy businessman from Georgia.” Parisi said the apartment rehabilitation company was his idea, and was told by Simmons that Simmons would handle the business bank account and would be “putting a great deal of money into the account shortly.” Parisi met with Simmons and a Charles Kalert at 5841 Corporate Way, Suite 106, in West Palm Beach, but after the meeting Parisi realized that “Simmons had no intention of making Parisi Property Investments a viable company.” Kalert, when interviewed by Appelman, said he had nothing to do with the operation of the company, and never received any money for acting as the company‟s agent in Tallahassee. Appelman also interviewed Simmons, who explained placing the ad and said “a friend” had invested $25,000 while Simmons had invested $40,000. When Appelman asked if Simmons was licensed to sell securities in Florida “and if he disclosed his criminal past before his friend invested,” Simmons “ended the interview and stormed out of the office.” Krisko‟s investment was used, via the Parisi checking account for which Simmons was the sole authorized signer, “for personal expenses to support Simmons‟ lifestyle and unrelated business expenses … the records do not disclose purchases of property.” Expenses paid included down payment on an automobile, $14,000 of rent toward a residence in Palm Beach, and payment of Mary Simmons for unrelated services. Appelman also said the bank records showed no $40,000 deposit by Simmons. On December 18, 1997, Simmons received “nine months of community control” (defined elsewhere as “intensive, supervised custody in the community, including surveillance on weekends and holidays” followed by more than 13 years of probation, as well as having to make full restitution to Krisko. More information is being developed at this time regarding Rodriguez‟s probation status and probation officer.

STATE OF FLORIDA V. JOSEPH E. SIMMONS. Case number 2002-10893-CFA-02, filed in Palm Beach County Criminal Court on September 18, 2002. Simmons – property identified by his Social Security Number and date of birth but also by one of his aliases, “Joseph Edward Simmons” – was charged with scheming to defraud a group of people -- Hank Thompson, Kathi Krill, Robert Huffman, Michael Cole, Alvin Daguillar and Claude Daguillar -- between May and July 2001, and four counts of grand theft. Simmons pleaded guilty and received two years of probation on April 2, 2003, also agreeing to make more than $20,000 in restitution to the defrauded parties. It is unclear how this affected his earlier probation, as he was not given any jail time.

We note that according to a Florida department of law Enforcement criminal history report, Simmons was also arrested by the Palm Beach County Sherriff‟s office for securities fraud violations on December 18, 1997, but was released before being charged; he was also arrested for larceny (of more than $300 but less than $5,000) by the Palm Beach Sherriff‟s office on November 5, 2002 and was held, but we could not find any corresponding criminal charges being filed. Finally, on April 14, 2003, the Palm Beach County Sherriff‟s office arrested Simmons for scheming to defraud, but he was released. Simmons – regulatory/licensure We did not find any record of Simmons being licensed with FINRA (although we note that persons whose licensure is inactive for more than two years are deleted from their system), nor as an investment adviser with the SEC or as a securities agent/broker/dealer in Utah, Florida, Georgia, Texas or California. We are awaiting notification of his status in Arizona and Nevada.

1 comment:

Brian Horne said...

Joe Simmons is now living in Kearns Utah under the name of Jay Simmons.