CASE NO: CA

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Law Offices of Vincent J. Duffy, P.A.

777 Brickell Avenue, Suite 400, Miami, Florida 33131

MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO: 2014-31805-CA

CONSTANTINE SCURTIS, An Individual, A.C.R.E.I., L.L.C., A Florida Limited Liability Company.

Plaintiff, v.

ALEXANDER RODRIGUEZ, an individual, STUART ZOOK, an individual, NEWPORT PROPERTY VENTURES LTD. A Florida Limited Partnership, MONUMENT CAPITAL

MANAGEMENT LLC, A Florida Limited Liability Company, and MONUMENT REAL ESTATE SERVICES LLC, A Florida Limited Liability Company, 2328 NE 6th Ave LTD, A Florida for profit Limited Partnership, 454 NE 23 St. LTD, A Florida for profit Limited Partnership, 500 NE 24th St. LTD, A Florida for profit Limited Partnership, 460 NE 25 St LTD, A Florida for profit Limited Partnership, 559-77 Building LTD, A Florida for profit Limited Partnership, 103-05 Building LTD, A Florida for profit Limited Partnership, 426 Building LTD, A Florida for profit Limited Partnership, 222 Building LTD, A Florida for profit Limited

Partnership, 148 Building LTD, A Florida for profit Limited Partnership, 551-5 Building LTD, A

Florida for profit Limited Partnership, 750 Bayfront LTD, A Florida for profit Limited Partnership, 236 Building LTD, A Florida for profit Limited

Partnership, 6^th Avenue LTD, A Florida for profit Limited Partnership, 410 Building LTD, A Florida for profit Limited Partnership, Yves House

Properties LTD, A Florida for profit Limited Partnership, 1800 Rockledge Plaza LTD, A Florida

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2 for profit Limited Partnership, 1570 Madruga Ave LTD, A Florida for profit Limited Partnership, 420 Building LTD, A Florida for profit Limited

Partnership, 1950 Building LTD, A Florida for profit Limited Partnership, 219 Building LTD, A Florida for profit Limited Partnership, 448 Building LTD, A Florida for profit Limited Partnership, 3615 Thomas LTD, A Florida for profit Limited

Partnership, 455 Building LTD, A Florida for profit Limited Partnership, 200 Building LTD, A Florida for profit Limited Partnership, ACREI II, LLC, A Florida Limited Liability Company, Church Avenue Apartments LTD, A Florida for profit Limited Partnership ACREI III LLC, A Florida Limited Liability Company, 5th Avenue Apartments LTD, A Florida for profit Limited Partnership,

NEWPORT HARBOR Inc. A Florida corporation, NEWPORT HARBOR LTD, A Florida for profit Limited Partnership, NEWPORT PINETREE &

LAKESIDE I Inc., A Florida Corporation,

NEWPORT PINETREE & LAKESIDE I LTD, A Florida for profit Limited Partnership, NEWPORT PINETREE & LAKESIDE II Inc., A Florida Corporation, NEWPORT PINETREE &

LAKESIDE II LTD, A Florida for profit Limited Partnership, NEWPORT PINETREE &

LAKESIDE, LLC, A Florida Limited Liability Company, NEWPORT PINETREE LLC, A Florida Limited Liability Company, OAK COURTS LLC, A Florida Limited Liability Company, OAK COURTS ACQUISITION LTD, A Florida for profit Limited Partnership, ROYAL GULF LLC, A Florida Limited Liability Company, ROYAL GULF ACQUISITION LTD, A Florida for profit Limited Partnership, RIVERBROOK ACQUISITION LTD,

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3 A Florida for profit Limited Partnership, AHR LLC, A Florida Limited Liability Company, WOOD CREEK & REGENCY PARK LLC, A Florida Limited Liability Company, WOOD CREEK &

REGENCY PARK LTD, A Florida for profit Limited Partnership, RESIDENCES WEST BEACH LLC, A Florida Limited Liability

Company, RESIDENCES WEST BEACH LTD, A Florida for profit Limited Partnership, FAIRWIND LLC, A Florida Limited Liability Company, FAIRWIND ACQUISITION LTD, A Florida for profit Limited Partnership, HORIZAON

ACQUISITION LTD, A Florida for profit Limited Partnership, ASHLEY ACQUISITION LTD, A Florida for profit Limited Partnership, HARBOR POINTE LLC, A Florida Limited Liability Company, HARBOR POINTE ACQUISITION LTD, A Florida for profit Limited Partnership, CEDAR LLC, A Florida Limited Liability Company, CEDAR ACQUISITION LTD, A Florida for profit Limited Partnership

NORMANDY LLC, A Florida Limited Liability Company, NORMANDY ACQUISITION, L.P., A Florida for profit Limited Partnership,

NORMANDY ACQUISITION LLC, A Florida Limited Liability Company, NORMANDY UNITED LLC, A Florida Limited Liability Company, COLONY OAKS LLC, A Florida Limited Liability Company, OAK COURTS ACQUISITION LTD, A Florida for profit Limited Partnership, CREEKWOOD LLC, A Florida Limited Liability Company, CREEKWOOD ACQUISTION LTD, A Florida for profit Limited Partnership, BAYBROOK LLC, A Florida Limited Liability Company, BAYBROOK I

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4 ACQUISITION LTD, A Florida for profit Limited Partnership, BAYBROOK II ACQUISITION LTD, A Florida for profit Limited Partnership CVW LLC, A Florida Limited Liability Company,

CLEARLAKE ACQUISITION LTD, A Florida for profit Limited Partnership, WINDJAMMER ACQUISITION LTD, A Florida for profit Limited Partnership, VILLAGE SOUTH ACQUISITION LTD, A Florida for profit Limited Partnership, NEWPORT PROPERTY APARTMENT VENTURES LTD, A Florida for profit Limited Partnership,

Defendants.

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PLAINTIFF’S AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL

1. Plaintiffs, Constantine Scurtis, (hereinafter “SCURTIS”) and A.C.R.E.I., L.L.C. by and through their undersigned counsel, files this complaint against and sues all named Defendants in the style of the case above, demands a trial by jury, and for good cause states:

JURISDICTION AND IDENTIFICATION OF PARTIES

1. This is an action for damages within the jurisdictional limits of this Court, to wit:

$100,000,000.00, exclusive of interest and court costs.

2. Plaintiff, Constantine Scurtis (herein “SCURTIS”), is a resident of Miami-Dade County, Florida.

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3. Plaintiff A.C.R.E.I., L.L.C. is Limited Liability Company formed and conducting business in Miami Dade County, Florida.

4. Alexander E. Rodriguez, (hereinafter “RODRIGUEZ”) is a resident of Miami Dade County, Florida.

5. Stuart Zook, (hereinafter “ZOOK”) is a resident of Miami Dade County, Florida.

6. Monument Capital Management, L.L.C. (hereinafter “MCM”) is a Limited Liability Company formed and conducting business in Miami Dade County, Florida.

7. Monument Real Estate Services, L.L.C. (hereinafter “MRES”) is a Limited Liability Company formed and conducting business in Miami Dade County, Florida.

8. Newport Property Ventures, Ltd. (hereinafter “NPV”) is a Limited Partnership formed and conducting business in Miami Dade County, Florida.

9. All other named Defendants in the style of the case above, are entities formed to conduct business in Miami Dade County, Florida.

10. Jurisdiction is proper in the State Florida and in Miami-Dade County, Florida for the following reasons:

a. The Defendants operated, conducted, engaged in, and carried on business in Miami Dade County, Florida;

b. The Defendants all contracted with the Plaintiff in Miami-Dade County, Florida;

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c. The Defendants breached several contracts in Miami-Dade County, Florida by failing to perform acts required by the subject contracts to be performed in Miami-Dade County, Florida.

11. Venue is proper in Miami-Dade County, Florida for the above reasons and because this cause of action accrued or otherwise arose in Miami-Dade County, Florida and the subject contracts were to be performed by the parties in Miami-Dade County, Florida.

12. All conditions precedent to the bringing of this action have been performed, have occurred, or have been waived.

FACTUAL BACKGROUND

1. In 2002, RODRIGUEZ married Cynthia Scurtis (hereinafter “CYNTHIA”), sister to SCURTIS. In 2003, RODRIGUEZ and SCURTIS formed a General Partnership (hereinafter

“RODRIGUEZ-SCURTIS Partnership”) to acquire, rehabilitate, develop, and manage real property.

2. RODRIGUEZ owns 95 percent of the RODRIGUEZ-SCURTIS Partnership and 95 percent of the real property acquired by the Partnership, while SCURTIS owns five percent of the RODRIGUEZ-SCURTIS Partnership and five percent of the real property acquired by the Partnership. Pursuant to the parties’ agreement, SCURTIS also receives an acquisition fee representing three percent of the purchase price of each piece of real property acquired by the RODRIGUEZ-SCURTIS Partnership.

3. The RODRIGUEZ-SCURTIS Partnership first formed A.C.R.E.I, L.L.C., an acronym meaning Alex Constantine Real Estate Investments, on or about March 19, 2003 to act

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on behalf of the RODRIGUEZ-SCURTIS Partnership, approximately six months later the RODRIGUEZ-SCURTIS Partnership formed Newport Property Ventures, Ltd. (herein “NPV”) to act on behalf of the RODRIGUEZ-SCURTIS Partnership.

4. RODRIGUEZ is a co-founder and is the Chief Executive Officer (herein “CEO”) of NPV. SCURTIS is a co-founder and was the President of NPV, until 2008 when his sister CYNTHIA filed for divorce against RODRIGUEZ, resulting in RODRIGUEZ forcing him out of Partnership operations.

5. From 2003 through 2008, the RODRIGUEZ-SCURTIS Partnership, acting through A.C.R.E.I., L.L.C. and NPV, acquired in excess of $300,000,000.00 worth of real property. As of December 31, 2013, the RODRIGUEZ-SCURTIS Partnership had earned RODRIGUEZ more than $40,000,000.00 in realized gains as reported to the Internal Revenue Service (herein “IRS”) via Partnership K1 Forms.

6. A K-1 Distribution to Partners is a declaration by the Partnership that after all expenses associated with the Partnership are paid, there are remaining proceeds to distribute to the Partners.

7. In July 2008, CYNTHIA filed for divorce against RODRIGUEZ. On September 18, 2008, CYNTHIA and RODRIGUEZ settled their divorce dispute, and on that same day, RODRIGUEZ forced SCURTIS out of Partnership operations. On the day RODRIGUEZ forced SCURTIS’ out, SCURTIS was owed approximately $8,000,000.00 in acquisition fees and he retained his five percent ownership in the RODRIGUEZ-SCURTIS Partnership and in all Partnership properties. As of the date of this filing, SCURTIS has not been paid the remaining

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balance of at least $8,000,000.00 in acquisition fees owed to him by the RODRIGUEZ-SCURTIS Partnership.

8. Between 2009 and December 31, 2013, RODRIGUEZ, without SCURTIS’

knowledge or consent, sold numerous RODRIGUEZ-SCURTIS Partnership owned properties in direct violation of several Partnership Agreements executed by RODRIGUEZ and SCURTIS and in breach of his fiduciary duties to his Partner SCURTIS. RODRIGUEZ has failed to distribute at least $2,170,390.00 in realized gains from the sale of Partnership properties to SCURTIS, as their Oral Agreement, the NPV Partnership Agreement and several Limited Partnership Agreements call for.

9. RODRIGUEZ has caused correspondence to be sent to the IRS misrepresenting that SCURTIS was paid $2,170,390.00 from gains from the sale of Partnership properties, creating a tax consequence for SCURTIS on money that SCURTIS never received.

10. As a result, RODRIGUEZ sold Partnership properties without offering SCURTIS his “Right of First Refusal”, which SCURTIS would have exercised in each instance, then he withheld $2,170,390.00 from SCURTIS from Partnership gains, and then he generated a tax bill for SCURTIS on the $2,170,390.00 that he withheld, victimizing SCURTIS three times in the process.

11. IRS agents came to the SCURTIS home at nighttime frightening the families’

young children.

12. SCURTIS tried to explain the situation to the IRS, however, there is currently a

$388,000.00 IRS tax lien on SCURTIS and the IRS is threatening to seize assets.

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13. SCURTIS has had to hire, at great expense, a Certified Public Accountant who is an Enrolled Agent with the IRS, an Enrolled Agent is authorized to practice before an IRS hearing board regarding tax disputes because of their recognized experience in tax matters.

14. In an attempt to strip SCURTIS of his ownership interest, RODRIGUEZ, without SCURTIS’ knowledge or consent, fraudulently transferred ownership of RODRIGUEZ-SCURTIS Partnership properties to a newly created entity named Monument Capital Management (herein

“MCM”). RODRIGUEZ is an owner of MCM. SCURTIS is not an owner of MCM.

15. MCM established Monument Real Estate Service (herein “MRES”) to serve as an operating company for MCM. RODRIGUEZ is an owner MRES. SCURTIS is not an owner of MRES.

16. After RODRIGUEZ was published on the cover of the New York Post with a blonde exotic dancer, who was not his wife, RODRIGUEZ took an adversarial stance against his wife’s brother and his Partner SCURTIS and breached his Oral General Partnership Agreement with SCURTIS, several written Partnership Agreements with SCURTIS, and his fiduciary duties to his Partner SCURTIS.

17. RODRIGUEZ, through MCM and MRES, is executing upon the investment criteria and operating platform that SCURTIS created and taught to RODRIGUEZ in his role as CEO of NPV and as SCURTIS’ General Partner in the RODRIGUEZ-SCURTIS Partnership.

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GENERAL ALLEGATIONS COMMON TO ALL COUNTS Agreement to Form General Partnership

18. In or around 1999, RODRIGUEZ was introduced to SCURTIS by his sister, CYNTHIA.

19. SCURTIS had obtained a degree in Finance with a minor in Economics from The Edwin L. Cox School of Business at Southern Methodist University in 1996, and was a Financial Advisor with Morgan Stanley Dean Witter when he met RODRIGUEZ.

20. RODRIGUEZ, a Major League baseball player, was a real estate novice when he met SCURTIS.

21. SCURTIS had learned the real estate business from his father, John C. Scurtis, who has been a successful real estate entrepreneur in Miami, Florida for approximately the last thirty years.

22. John C. SCURTIS owns a real estate company named Agora Realty, Inc., which SCURTIS worked for during summer breaks while he was growing up.

23. RODRIGUEZ and SCURTIS developed a friendship while RODRIGUEZ was courting CYNTHIA.

24. In 2000, SCURTIS left Morgan Stanley Dean Witter to become Chief Financial Officer (herein “CFO”) of Agora Realty, Inc.

25. In 2002, RODRIGUEZ married Cynthia.

26. RODRIGUEZ often showed interest in real estate deals that SCURTIS was working on while SCURTIS was CFO of Agora Realty, Inc.

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27. SCURTIS, a passionate real estate entrepreneur, explained his investment criteria and operating platform for income-producing real estate to RODRIGUEZ.

28. RODRIGUEZ, after several years of discussing real estate deals with SCURTIS and the after having had the opportunity to vet SCURTIS’ investment criteria and operating platform asked SCURTIS to teach him the real estate business and to be his Partner in a real estate Partnership focused on acquiring, rehabilitating, developing, and managing income-producing real estate.

29. RODRIGUEZ and SCURTIS orally agreed to enter into a General Partnership for the purpose of acquiring, rehabilitating, developing and managing income-producing real estate, under the following terms:

a. RODRIGUEZ provided the initial “seed” capital or financing.

b. SCURTIS was responsible for the acquisition, rehabilitation, development, and management of the Partnership properties and the management of the Partnership business.

c. RODRIGUEZ owns ninety five percent (95%) of the Partnership and each piece of real property acquired by the Partnership.

d. SCURTIS owns five percent (5%) of the Partnership and each piece of real property acquired by the Partnership.

e. SCURTIS earns an acquisition fee equaling three percent (3%) of the purchase price for each piece of real property acquired by the Partnership.

30. The three percent (3%) acquisition fee was paid to SITRUCS, Inc. (SCURTIS backwards), a Florida, for-profit corporation, wholly owned by SCURTIS. (Exhibit 1)

31. SCURTIS was never a salaried employee of any of the entities created on behalf of the RODRIGUEZ-SCURTIS General Partnership.

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32. Until 2004, SCURTIS was routinely paid the three percent (3%) acquisition fee on properties acquired by the Partnership.

33. SCURTIS and RODRIGUEZ orally agreed that SCURTIS would defer receiving the full three percent (3%) acquisition fee until the Partnership had the opportunity to mature and accumulate larger cash reserves.

Formation of the RODRIGUEZ-SCURTIS General Partnership

34. RODRIGUEZ’s legal representatives insisted that RODRIGUEZ be named a Limited Partner, in a series of Limited Partnerships, to insulate him from liability. (Exhibit 2)

35. Exhibit 2 is an email from SCURTIS to the lawyer creating the initial Limited Partnership Agreements on behalf of the RODRIGUEZ-SCURTIS General Partnership explaining the ownership structure for all deals to be done by the RODRIGUEZ-SCURTIS Partnership.

36. The ownership structure detailed in Exhibit 2 was developed by RODRIGUEZ and/or his advisors.

37. RODRIGUEZ and SCURTIS agreed to structure the ownership of their Partnership’s real property in the following way:

a. Each piece of real property would be acquired by a distinct Limited Partnership.

b. The General Partner of the Limited Partnership would be called A.C.R.E.I., L.L.C.

c. SCURTIS would own 100% of A.C.R.E.I, L.L.C.

d. A.C.R.E.I., L.L.C., would own .01% of the Partnership and Partnership real property.

e. A.C.R.E.I. L.L.C., as the General Partner granted SCURTIS the exclusive power to sell or encumber Partnership properties.

f. SCURTIS would own 4.99% of the Partnership and Partnership real property as a Limited Partner profit participant.

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g. RODRIGUEZ would own 95% of the Partnership and Partnership real property as a Limited Partner profit participant.

38. The ownership terms of the several Limited Partnership Agreements mirror the ownership terms of the Oral General Partnership Agreement reached by RODRIGUEZ and SCURTIS.

39. The ownership terms of the several Limited Partnerships agreements, wherein RODRIGUEZ is a Limited Partner and SCURTIS is the sole Member of the Limited Liability Company acting as the General Partner, insulates RODRIGUEZ from incidents at Partnership properties that could occur, grants SCURTIS exclusive control over the Partnership properties and mirrors the ownership terms described in Exhibit 2.

Formation of Newport Property Ventures, Ltd. (NPV)

40. On or about, December 29, 2003, the RODRIGUEZ-SCURTIS Partnership formed NPV to act as the face of the RODRIGUEZ-SCURTIS General Partnership, to act as an operating company for the RODRIGUEZ-SCURTIS General Partnership, and to administer the several Limited Partnerships under the umbrella of the RODRIGUEZ-SCURTIS General Partnership.

(Exhibit 3)

41. On January 10, 2004, SCURTIS, signed the certificate of Limited Partnership for NPV as the Manager of A.C.R.E.I., L.L.C. (Exhibit 3)

42. A.C.R.E.I., L.L.C, serves as the General Partner to NPV. (Exhibit 3) (Exhibit 4)

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43. NPV is the manifestation of the RODRIGUEZ and SCURTIS oral agreement to enter into a General Partnership for the purpose of acquiring, rehabilitating, developing and managing income-producing real estate, under the following terms:

a. RODRIGUEZ provided the initial “seed” capital or financing.

b. SCURTIS was responsible for structuring the financing, acquisition, rehabilitation, development, management and the disposition of Partnership properties and the management of the Partnership business.

c. RODRIGUEZ owns ninety five percent (95%) of the Partnership and each piece of real property acquired by the Partnership.

d. SCURTIS owns five percent (5%) of the Partnership and each piece of real property acquired by the Partnership.

e. A.C.R.E.I. L.L.C., as the General Partner granted SCURTIS the exclusive power to sell or encumber Partnership properties.

f. RODRIGUEZ and SCURTIS both enjoyed the “Right of First Refusal” to buy the other Partner’s interest in the Partnership before the other Partner could sell it to the other.

g. SCURTIS earns an acquisition fee equaling three percent (3%) of the purchase price for each piece of real property acquired by the Partnership.

44. NPV was the entity that RODRIGUEZ held himself out as a Partner in. In 2004, one year after the formation of the RODRIGUEZ-SCURTIS Partnership, RODRIGUEZ penned the foreword to a book named “Real Estate Riches.” RODRIGUEZ’s byline from the foreword identifies him as the CEO of NPV. RODRIGUEZ business card identified him as the CEO of NPV. (Exhibit 5)

45. Mrs. Joanne Mitchell was cited by RODRIGUEZ in the foreword he penned for “Real Estate Riches” as his real estate mentor. Mrs. Mitchell owned a fully integrated real estate company with a property management platform for her portfolio of apartment and multi-family income producing properties. (Exhibit 5)

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46. SCURTIS introduced RODRIGUEZ to Ms. Mitchell. RODRIGUEZ and SCURTIS regularly met with Ms. Mitchell to seek guidance from her on how to grow the RODRIGUEZ-SCURTIS Partnership.

47. SCURTIS was a co-founder and the President of NPV and NPV presently displays SCURTIS’ image on its website. (Exhibit 6)

48. NPV would execute purchase contracts to purchase properties on behalf of the RODRIGUEZ-SCURTIS Partnership, then would assign the purchase contract to a newly formed Limited Partnership established by the RODRIGUEZ-SCURTIS Partnership to hold ownership to the property. (Exhibit 7)

49. On the day that RODRIGUEZ forced SCURTIS out of Partnership operations, NPV had approximately 150 employees and managed approximately 5000 apartments owned by the RODRIGUEZ-SCURTIS Partnership. (Exhibit 8) (Exhibit 8 is a sample of NPV employees around the country that all have a @npvltd.com email address.) 50. RODRIGUEZ and SCURTIS are General Partners in the RODRIGUEZ-SCURTIS

Partnership and are General Partners in NPV.

51. NPV is the RODRIGUEZ-SCURTIS General Partnership.

52. RODRIGUEZ is the CEO of NPV which precludes him from being a Limited Partner in NPV. (Exhibit 9) (Exhibit 9 are Limited Partnership Agreements executed by RODRIGUEZ and SCURTIS in the timeframe that the NPV Limited Partnership Agreement was executed and the NPV Limited Partnership Agreement is materially the same as the agreements attached.)

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53. The Limited Partnership Agreements executed by RODRIGUEZ and SCURTIS contain the same or materially the same language: “a Limited Partner has no right to participate in the management or conduct of the Partnership business and affairs nor any power or authority to act for or on behalf the Partnership in any respect whatsoever.” (Exhibit 9)

54. RODRIGUEZ can’t be the CEO of NPV and a Limited Partner in NPV.

55. The NPV Partnership Agreement granted each Limited Partner the “Right of First Refusal” to buy another Limited Partner’s interest in the Partnership. In other words, before a Limited Partner could sell his Partnership interest, he was required to offer to sell his Partnership interest to the other Limited Partner. (Exhibit 9) All sales of Partnership real property owned by the RODRIGUEZ-SCURTIS Partnership on or after January 10, 2004 were governed by the “Right of First Refusal” clause in the NPV Partnership Agreement and the “Right of First Refusal” clause contained within the Limited Partnership Agreement for the Limited Partnerships under the NPV umbrella that help ownership to the real property on behalf of the RODRIGUEZ-SCURTIS Partnership. (Exhibit 9)

56. SCURTIS’s investment criteria, which he taught to RODRIGUEZ, was to identify income producing properties that could substantially increase the amount of rent charged to tenants through cost efficient rehabilitation of the properties.

57. To accomplish the efficient rehabilitation of income producing real property, RODRIGUEZ and SCURTIS started a construction division within NPV as a cost

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control measure and as a revenue generator for the RODRIGUEZ-SCURTIS Partnership. The construction division would generate revenue by providing construction services to non NPV properties.

58. The construction division of NPV was formalized on or about June 4, 2007, when the RODRIGUEZ-SCURTIS Partnership established Newport Property Construction, Ltd.

Limited Partnership. (Exhibit 11)

59. SCURTIS’ operating platform, which he taught to RODRIGUEZ, was to establish a vertically integrated real estate company, including but not limited to, a property management division and construction division.

60. RODRIGUEZ has acknowledged and thanked SCURTIS for educating him about investing in income producing real estate. (Exhibit 82)

61. RODRIGUEZ, on MCM”s website admits that MCM is executing upon SCURTIS’

investment criteria and operating platform. (Exhibit 10, where in RODRIGUEZ and MCM claim that NPV’s operating platform is the predecessor to MCM and MRES.) 62. SCURTIS is entitled to five percent (5%) ownership of all real property acquired by

MCM and managed under the umbrella of MRES.

63. SCURTIS is entitled to a three percent (3%) acquisition fee for all real property acquired by MCM, and managed under the umbrella of MRES.

64. RODRIGUEZ’s “Biographical Information” from his Profile on the MCM website, where he is identified as the Founder and Sponsor of MCM, states that “He was the

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Principle Investor behind Newport Property Ventures platform that was the predecessor to Monument Real Estate Services and Monument Capital Management.” (Exhibit 10) 65. As fully explained below, in at least the “Normandy” Section of this Complaint,

RODRIGUEZ was able to “Sponsor” MCM because he fraudulently transferred ownership of RODRIGUEZ-SCURTIS property to MCM at artificially low prices, thereby creating millions of dollars of instant equity to attract investors into MCM’s Real Estate Funds. (Exhibit 10)

RODRIGUEZ Declares Himself SCURTIS’ General Partner

66. RODRIGUEZ, through his actions, has declared himself to be SCURTIS’ General Partner in a real estate Partnership, which initially acted through A.C.R.E.I., L.L.C. and then acted through NPV, and not merely a Limited Partner in several Limited Partnerships with SCURTIS.

67. RODRIGUEZ is the CEO of NPV and holds himself out as such. (Exhibit 5)

68. In, at least, his 2006 Federal Income Tax Return, RODRIGUEZ classified himself as a PROFESSIONAL ATHLETE / REAL ESTATE PROFESSIONAL. (Exhibit 12) 69. RODRIGUEZ could not self-classify as a REAL ESTATE PROFESSIONAL if he was

merely a Limited Partner in a series of Limited Partnerships with SCURTIS. (Internal Revenue Code §469(c) (7) and Regulation 1.469.9.)

70. In his 2006 Federal Income Tax Return, RODRIGUEZ captured $8,220,548.00 of tax benefits solely due to his role as a REAL ESTATE PROFESSIONAL, i.e., the CEO of NPV and a General Partner in NPV and the RODRIGUEZ-SCURTIS Partnership.

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71. The term “REAL ESTATE PROFESSIONAL” is a classification defined by the Internal Revenue Code §469(c) (7) and Regulation 1.469.9.

72. The classification of a “REAL ESTATE PROFESSIONAL” is a declaration by the taxpayer that he/she spent over 750 hours and more than half his or her time in a year on real estate business.

73. RODRIGUEZ’s 2006 Federal Income Tax Return is an admission by RODRIGUEZ that he was not merely a Passive Profit Participant in numerous Limited Partnerships with SCURTIS, but rather SCURTIS’ General Partner in a General Partnership, as evidenced by his role as CEO of NPV.

74. RODRIGUEZ could not classify himself as a REAL ESTATE PROFESSIONAL in his Federal Income Taxes if he was merely a Limited Partner. As a Limited Partner RODRIGUEZ could not have spent 750 hours or more and more than half his time in a year on real estate business, because according to the Limited Partnership Agreements executed by RODRIGUEZ, a Limited Partner had “no right to participate in the management or conduct of the Partnership business and affairs nor any power or authority to act for or on behalf the Partnership in any respect whatsoever.” (Exhibit 9) 75. RODRIGUEZ’s role as CEO of NPV is antithetical to being a Limited Partner in NPV.

76. RODRGIGUEZ and SCURTIS were General Partners in NPV.

77. As a General Partner with SCURTIS in NPV, RODRIGUEZ owes SCURTIS the highest Fiduciary duty because SCURTIS had to rely upon RODRIGUEZ after RODRIGUEZ forced him out of Partnership operations.

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78. As a General Partner with SCURTIS in NPV, which RODRIGUEZ admits is the predecessor to MCM and MRES, SCURTIS is a General Partner and five percent (5%) owner in MCM and MRES and is owed a three percent (3%) acquisition fee for each piece of real property acquired by MCM or MRES.

79. RODRIGUEZ and SCURTIS, in their capacity as General Partners, and as co-founders and CEO and President of NPV, met with some of the most well recognized leaders of the American business community.

80. RODRIGUEZ and SCURTIS, as Partners of their Partnership, and in their capacity as CEO and President of NPV, were advised by Mr. Jack Welch, Mr. Warren Buffett, Mrs. Joanne Mitchell, Mr. Steven Ross, Mr. Bruce Beal, Mr. Steven Witkoff, the late Mr. Jose Milton, and others on how to grow and properly manage their real estate partnership.

81. Each of the individuals listed in Paragraph 80 is a fact witness that RODRIGUEZ and SCURTIS were General Partners in a real estate Partnership.

82. RODRIGUEZ and SCURTIS, opened NPV’s headquarters in the late Jose Milton’s office building so that they could be in close proximity to one of the most prominent income producing real estate entrepreneurs in Miami. (Exhibit 13)

83. Warren Buffet opined that he could not think of a more logical investment program than the one SCURTIS developed and executed upon on behalf of the RODRIGUEZ- SCURTIS Partnership. (Exhibit 14)

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Formation of MCM and MRES as a Continuation of NPV

84. The following five RODRIGUEZ-SCURTIS Partnership Properties are currently advertised by MCM and/or MRES on their respective websites:

a. The Park at Monument Terrace, apartment complex, located at 11110 North 56th Street, Temple Terrace, Florida (Hillsborough County Property Appraiser Folio # 200709-0000).

b. Pinetree, apartment complex located at 3706 W. Idlewild Avenue, Tampa, Florida (Hillsborough County Property Appraiser Folio # 029260-0000

c. Newport at Clearlake, apartment complex, located at 15900 Space Center Blvd Houston, TX, 77062 (Harris County Property Appraiser Folio # 0964700000263)

d. Newport Oaks, apartment complex, located at 800 E. South St. Alvin TX, 77511 (Brazoria County Property Appraiser Folio # 164741)

e. Newport Villas, apartment complex, located at 4902 N. MacDill Ave. Tampa Florida, 33614, (Hillsborough County Property Appraiser Folio # 106517- 0000) (Exhibit 15)

85. Each property above in Paragraph 84 was owned by the RODRIGUEZ-SCURTIS Partnership when RODRIGUEZ, without consulting SCURTIS, conducted a fraudulent transfer of the properties listed in Paragraph 84 to MCM.

86. SCURTIS maintains a five percent (5%) ownership in NPV.

87. On or about January 6, 2011, MCM, was established by RODRIGUEZ and Ramon Corona (hereinafter “CORONA”). (Exhibit 16)

88. On or about June 27, 2013, Monument Real Property Services (“MRES”) was formed by RODRIGUEZ and CORONA. (Exhibit 17)

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89. MCM, MRES, and NPV shared the same office at 3211 Ponce de Leon Blvd Coral Gables, Florida from 2011 until 2015. (Exhibit 16)

90. CORONA had previously invested in properties that belonged to the RODRIGUEZ- SCURTIS Partnership, and were under the NPV umbrella.

91. When CORONA invested in the RODRIGUEZ-SCURTIS Partnership properties, he received a pro rata percentage of both RODRIGUEZ’s and SCURTIS’ interests in the Partnership and in the Partnership property.

92. SCURTIS was never compensated for the sale of his interest in the Partnership and Partnership properties to Corona. SCURTIS is still owed by the RODRIGUEZ- SCURTIS Partnership for the sale of his interests to CORONA.

93. MCM and MRES are the continuation of the RODRIGUEZ-SCURTIS Partnership and NPV. SCURTIS maintains a five percent (5%) ownership in MCM and MRES and is entitled to a three percent (3%) acquisition fee for each piece of real property acquired by MCM or MRES. (Exhibit 4) (Exhibit 9) (Exhibit 53)

94. MCM and NPV share many of the same executives, including but not limited to, RODRIGUEZ, Stuart Zook (herein “ZOOK”), Jackson Harper, Alejandra Gutierrez (herein “GUTIERREZ”), Jose “PEPE” Gomes (herein “PEPE”) and Juan Mora.

(Exhibit 18) (Exhibit 10) (Exhibit 19)

95. RODRIGUEZ’s biography on MCM states “He was the Principle investor behind Newport Property Ventures platform that was the predecessor to Monument Real Estate Services and Monument Capital Management.” (Exhibit 10)

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96. ZOOK’s biography on the MRES website states “Mr. Zook is the President of Newport Property Ventures.” (Exhibit 19)

97. Jackson Harper’s biography on the MRES website declares that ‘Mr. Harper is Vice President Asset Management for Newport Property Ventures.” (Exhibit 20)

98. MCM acquires income-producing properties that meet SCURTIS’ investment criteria, which he taught RODRIGUEZ, and which SCURTIS executed upon as the President of NPV and now RODRIGUEZ is executing on behalf of MCM.

99. MRES manages the properties purchased by MCM, utilizing SCURTIS’ operating platform, which he taught RODRIGUEZ, and which SCURTIS executed upon as the President of NPV and now RODRIGUEZ is executing on behalf of MRES.

100. RODRIGUEZ forced SCURTIS out of the operation of the RODRIGUEZ- SCURTIS Partnership, appropriated SCURTIS’ investment criteria, operating platform, goodwill in the commercial real estate community, and then renamed the original entities as MCM and MRES, and did not include his Partner SCURTIS in MCM or MRES.

101. ZOOK is the President of both MCM and MRES. ZOOK is also a principle or percentage owner in MCM properties. (Exhibit 21)

102. ZOOK’s biography on MCM’s website is factually misleading. ZOOK claims that he “has been directing the operating and investment activities for Newport Property Ventures, the predecessor of MRES and MCM, since 2005.” (Exhibit 21)

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103. ZOOK was hired in 2007 and did not direct any investment activity for NPV until 2008.

104. RODRIGUEZ and ZOOK misrepresented ZOOK’s involvement with NPV to exploit the good name and good will that SCURTIS had created in the real estate investment community for NPV.

(2003-2004): RODRIGUEZ-SCURTIS Partnership Begins

105. All Limited Partnerships, listed below in Paragraph 118, were formed by the RODRIGUEZ-SCURTIS General Partnership, for the explicit purpose of acquiring real property for the RODRIGUEZ-SCURTIS General Partnership.

106. All Limited Partnerships, listed in Paragraph 118 below, acquired the property listed therein with its property address and Folio number, on behalf of the RODRIGUEZ-SCURTIS General Partnership.

107. All Limited Partnerships, listed below in Paragraph 118, had A.C.R.E.I., L.L.C. as its General Partner to the Limited Partnership and RODRIGUEZ and SCURTIS as Limited Partners, to the Limited Partnership.

108. All Limited Partnerships and Limited Partnership properties, listed below in Paragraph 118, were under the umbrella of NPV and all correspondence regarding any Limited Partnership or any Limited Partnership property listed in Paragraph 118 would be sent to the respective Limited Partnership “c/o NPV.”

109. The Limited Partnership Agreement for each Limited Partnership listed in Paragraph 118, and the A.C.R.E.I., L.L.C. Operating Agreement granted A.C.R.E.I.,

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L.L.C., the exclusive right to encumber or sell the property or properties owned by the respective Limited Partnerships listed in Paragraph 118 below. (Exhibit 4)(Exhibit 2) (Exhibit 9)

110. SCURTIS as the sole Member and Manager of A.C.R.E.I., L.L.C., is the only person empowered to elect a new person to be the Manager of A.C.R.E.I., L.L.C. or to allow a new person to be a Member of A.C.R.E.I., L.L.C. (Exhibit 4)

111. The Limited Partnership Agreement for each Limited Partnership listed in Paragraph 118, contains the following language or materially similar: “V.2 – Notwithstanding anything in this Agreement to the contrary; the General Partner shall have no right, power or authority to do any of the following: …. (E) Admit a person as a General Partner or Limited Partner except upon the unanimous approval of all of the Limited Partners;” This language prevents a new person, including an entity, from serving as either a General Partner or Limited Partner to the Limited Partnerships listed in Paragraph 118 without the approval all Limited Partners and the General Partner to each Limited Partnership respectively. (Exhibit 9)

112. A.C.R.E.I., L.L.C., as the General Partner, with SCURTIS as the Manager of and sole Member of A.C.R.E.I., L.L.C., limited RODRIGUEZ’s risk. (Exhibit 4)

113. SCURTIS is entitled to an acquisition fee totaling three percent (3%) of the purchase price of each piece of real property listed in Paragraph 118.

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114. Acquisition fees for the purchase of some of the real property listed in Paragraph 118 were paid to SITRUCS, Inc. by the Limited Partnership that acquired the property on behalf of the RODRIGUEZ-SCURTIS General Partnership.

115. Each Limited Partnership listed in Paragraph 118, was established by a written Partnership Agreement, executed by RODRIGUEZ and SCURTIS, as Limited Partners, and SCURTIS as a General Partner, that is either the same or materially similar to Exhibit 9.

116. RODRIGUEZ and SCURTIS have an Oral Agreement that each Partner would offer to sell his interest in the Partnership or Partnership Properties to the other Partner before offering said interest to another. Additionally, each Limited Partnership Agreement for each Limited Partnership listed in Paragraph 118 contained an “Article VI” entitled “RIGHT OF FIRST REFUSAL” which states in pertinent part: ““Except as specifically provided herein, no Limited Partner shall transfer or encumber his interest in the Partnership to any person, firm or corporation without the consent of all of the other Partners unless the Partners desiring to make the transfer or encumbrance, herein referred to as the Transferor, shall have first made the offer to sell hereinafter described and such offer shall not have been accepted.” RODRIGUEZ has never offered to sell or transfer his interest in the Partnership or Partnership properties to SCURTIS prior to selling or transferring his interest to another. (Exhibit 9)

117. Each Limited Partnership listed in Paragraph 118 below has the ownership structure described in Paragraph 37 above.

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27 118. Limited Partnerships

a. 2328 NE 6 Avenue Limited Partnership, Ltd. was formed on March 18, 2003, purchased property located at 2328 NE 6^th Avenue, Miami, Florida 33137- 4923, with Miami Dade Property Appraiser Folio # 01-3230-025-0080.

(Exhibit 22, Containing Certificate of Limited Partnership from Sunbiz.org, Property Appraiser Property Information, and K1 form issued to SCURTIS.) b. 454 NE 23 St. Limited Partnership, Ltd., was formed on March 18, 2003,

purchased property located at 454 NE 23 St. Miami, Florida 33137-4947, with Miami Dade Property Appraiser Folio # 01-3230-028-0010. (Exhibit 23, Containing Certificate of Limited Partnership from Sunbiz.org, Property Appraiser Property Information, and K1 form issued to SCURTIS.)

c. 500 NE 24^th St. Limited Partnership, Ltd., was formed on March 18, 2003, purchased the properties located at:

i. 2321 NE 5 Ave Miami, Florida 33137-4923, with Miami Dade Property Appraiser Folio # 01-3230-025-0060;

ii. 2337 NE 4 Ave Miami, Florida 33137-4923, with Miami Dade Property Appraiser Folio # 01-3230-026-0140;

iii. 500 NE 24 St. Miami, Florida 33137-4923, with Miami Dade Property Appraiser Folio # 01-3230-025-0040.

iv. 2334 NE 6^th Ave Miami, Florida 333137, with Miami Dade Property Appraiser Folio # 01-3230-025-0100.

v. 2336 NE 6^th Ave Miami, Florida 333137, with Miami Dade Property Appraiser Folio # 01-3230-025-00090.

vi. 2340 NE 5^th Ave Miami, Florida 333137, with Miami Dade Property Appraiser Folio # 01-3230-025-0020.

vii. 2339 NE 4^th Ave Miami, Florida 333137, with Miami Dade Property Appraiser Folio # 01-3230-026-0130.

viii. 2311 NE 6^th Ave Miami, Florida 333137, with Miami Dade Property Appraiser Folio # 01-3230-025-0120. (Exhibit 24, Containing Certificate of Limited Partnership from Sunbiz.org, Property Appraiser Property Information, and K1 form issued to SCURTIS.)

d. 460 NE 25^th St. Limited Partnership, Ltd., was formed on March 18, 2003, the property located at 460 NE 25 St., Miami, Florida 33137, with Miami Dade Property Appraiser Folio # 01-3230-024-0070. (Exhibit 25, Containing Certificate of Limited Partnership from Sunbiz.org, Property Appraiser Property Information, and K1 form issued to SCURTIS.)

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e. 559-77 Building Limited Partnership, Ltd. was formed on April 24, 2003, purchased the properties located at:

i. 551 NE 61 St. Miami, Florida 33137-2233, with Miami Dade Property Appraiser Folio # 01-3218-030-0270.

ii. 555 NE 61 St. Miami, Florida 33137-2241, with Miami Dade Property Appraiser Folio # 01-3218-030-0280.

iii. 559 NE 62 St. Miami, Florida 33138-6123, with Miami Dade Property Appraiser Folio # 01-3218-024-0910.

iv. 577 NE 62 St. Miami, Florida 33138-6191, with Miami Dade Property Appraiser Folio # 01-3218-084-0010. (Exhibit 26, Containing Certificate of Limited Partnership from Sunbiz.org, Property Appraiser Property Information, and K1 form issued to SCURTIS.)

f. 103-05 Building Limited Partnership, Ltd. was formed May 2, 2003, and purchased the property located at 103 NE 59^th Street Miami, Florida 33137, with Miami Dade Property Appraiser Folio # 01-3113-051-0090. (Exhibit 27, Containing Certificate of Limited Partnership from Sunbiz.org, Property Appraiser Property Information, and K1 form issued to SCURTIS.) g. 426 Building Limited Partnership, Ltd., was formed May 2, 2003, and

purchased the property located at 426 NE 34^th Street Miami, Florida 33137, with Miami Dade Property Appraiser Folio # 01-3230-006-0230. (Exhibit 28, Containing Certificate of Limited Partnership from Sunbiz.org, Property Appraiser Property Information, and K1 form issued to SCURTIS.) h. 222 Building Limited Partnership, Ltd., was formed on May 2, 2003, and

purchased the property located at 222-230 NE 20^th Street, Miami, Florida 33137, with Miami Dade Property Appraiser Folio # 01-3231-002-0090.

(Exhibit 29, Containing Certificate of Limited Partnership from Sunbiz.org, Property Appraiser Property Information, and K1 form issued to SCURTIS.) i. 148 Building Limited Partnership, Ltd., was formed on May 2, 2003, and

purchased the property located at 148 NE 26^th Street, Miami, Florida 33137, with Miami Dade Property Appraiser Folio # 01-3125-007-0040. (Exhibit 30, Containing Certificate of Limited Partnership from Sunbiz.org, Property Appraiser Property Information, and K1 form issued to SCURTIS.)

j. 551-5 Building Limited Partnership, Ltd., was formed on May 2, 2003, and purchased the properties located at:

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i. 551 NE 61 Street Miami, Florida 33137, with Miami Dade Property Appraiser Folio # 01-3218-030-0270.

ii. 555 NE 61 Street Miami, Florida 33137, with Miami Dade Property Appraiser Folio # 01-3218-030-0280.

iii. 521 NE 61 Street Miami Florida 33137, with Miami Dade Property Appraiser Folio #01-3218-030-0250. (Exhibit 31, Containing Certificate of Limited Partnership from Sunbiz.org, Property Appraiser Property Information, and K1 form issued to SCURTIS.) k. 750 Bayfront Limited Partnership, Ltd., was formed on May 21, 2003, and

purchased the properties located at:

i. 750 NE 61 St. Miami, Florida 33137, with Miami Dade Property Appraiser Folio # 01-3218-033-0090.

ii. 700 NE 61 St Miami Florida 33137, with Miami Dade Property Appraiser Folio # 01-3218-033-0091. (Exhibit 32, Containing Certificate of Limited Partnership from Sunbiz.org, Property Appraiser Property Information, and K1 form issued to SCURTIS.) l. 236 Building Limited Partnership, Ltd., was formed on June 20, 2003, and

purchased the property located at 236 NE 28 Street Miami, Florida 33137, with Miami Dade Property Appraiser Folio # 01-3230-017-0260. (Exhibit 33, Containing Certificate of Limited Partnership from Sunbiz.org, Property Appraiser Property Information, and K1 form issued to SCURTIS.) m. 6^th Avenue Limited Partnership, Ltd., was formed on July 23, 2003,

purchased property located at:

i. 2395 NE 6 Ave Miami, Florida 33137-5401, with Miami Dade Property Appraiser Folio # 01-3230-025-0110.

ii. 2341 NE 6 Ave Miami, Florida 33137-4987, with Miami Dade Property Appraiser Folio # 01-3230-025-0111.

iii. 2347 NE 7 Ave Miami, Florida 33137-4924, with Miami Dade Property Appraiser Folio # 01-3230-025-0181.

iv. 700 NE 24 St. Miami, Florida 33137-4715, with Miami Dade Property Appraiser Folio # 01-3230-025-0180. (Exhibit 34, Containing Certificate of Limited Partnership from Sunbiz.org, Property Appraiser Property Information, and K1 form issued to SCURTIS.)

n. 410 Building Limited Partnership, Ltd., was formed on July 23, 2003, and purchased the properties located at

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i. 410 NE 62^nd Street Miami, Florida 33137, with Miami Dade Property Appraiser Folio # 01-3218-024-0240.

ii. 145 NE 82 Terrace Miami, Florida 33137 with Miami Dade Property Appraiser Folio #s: 01-3112-109-0010. (Exhibit 35, Containing Certificate of Limited Partnership from Sunbiz.org, Property Appraiser Property Information, and K1 form issued to SCURTIS.)

o. Yves House Properties Limited Partnership, LTD., was formed September 2, 2003, and purchased the properties located at

i. 421 N.E. 29^th St. Miami, Florida 33137, with Miami Dade Property Appraiser Folio # 01-3230-013-0860.

ii. 437 NE 29 St Miami, Florida 33137, with Miami Dade Property Appraiser Folio # 01-3230-025-0181. (Exhibit 36, Containing Certificate of Limited Partnership from Sunbiz.org, Property Appraiser Property Information, and K1 form issued to SCURTIS.)

p. 1800 Rockledge Plaza Limited Partnership, Ltd. was formed on November 12, 2003, and purchased the property located at 1802 Rockledge Blvd. Rockledge, Florida 32955, with Brevard County Appraiser Property ID # - 25-36-10-00- 00265.0-0000.00. (Exhibit 37, Containing Certificate of Limited Partnership from Sunbiz.org, Property Appraiser Property Information, and K1 form issued to SCURTIS.)

q. 1570 Madruga Avenue Limited Partnership, Ltd., was formed on December 29, 2003, the property located at 1570 Madruga Ave Coral Gables, Florida 33146- 3040, with Miami Dade Property Appraiser Folio #s: 03-4130-034-0010.

(Exhibit 38, Containing Certificate of Limited Partnership from Sunbiz.org, Property Appraiser Property Information, and K1 form issued to SCURTIS.) r. 420 Apartments Limited Partnership, Ltd., was formed on February 3, 2004,

and purchased the property located at 420 NW 10^th Street Miami, Florida 33136-3360, with Miami Dade Property Appraiser Folio # 01-0102-080-1010.

(Exhibit 39, Containing Certificate of Limited Partnership from Sunbiz.org, Property Appraiser Property Information.)

s. 1950 Building Limited Partnership, Ltd. was formed on February 3, 2004, and purchased the property located at 1950 NW 2^ndCourt, Miami, Florida 33127, with Miami Dade Property Appraiser Folio # 01-3136-027-0020. (Exhibit 40, Containing Certificate of Limited Partnership from Sunbiz.org, Property Appraiser Property Information, and K1 form issued to SCURTIS.)

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t. 219 Building Limited Partnership, Ltd., was formed on February 3, 2004, and purchased the property located at 219 NW 10 Street Miami, Florida 33136, with Miami Dade Property Appraiser Folio# 01-0101-050-1100. (Exhibit 41, Containing Certificate of Limited Partnership from Sunbiz.org, Property Appraiser Property Information, and K1 form issued to SCURTIS.)

u. 448 Building Limited Partnership, Ltd., was formed on February 3, 2004, and purchased the property located at 448 NW 7 ST Miami, Florida 33136-3856, with Folio: 01-0105-030-1040. (Exhibit 42, Containing Certificate of Limited Partnership from Sunbiz.org, Property Appraiser Property Information, and K1 form issued to SCURTIS.)

v. 3615 Thomas Limited Partnership, Ltd., was formed on February 4, 2004, and purchased the properties located at:

i. 3615 Thomas Avenue Miami, Florida with Miami Dade Property Appraiser Folio #01-4121-318-0010.

ii. 3463 Day Avenue Miami Florida, 33133 with Miami-Dade Property Appraiser Folio # 01-4121-002-0010 (Exhibit 43, Containing Certificate of Limited Partnership from Sunbiz.org, Property Appraiser Property Information, and K1 form issued to SCURTIS.)

w. 455 Building Limited Partnership, Ltd., was formed on February 24, 2004, and purchased the property located at 455 NE 23 Terrace Miami, Florida 33137- 4988, with Miami Dade Property Appraiser Folio # 01-3230-025-0010.

(Exhibit 44, Containing Certificate of Limited Partnership from Sunbiz.org, Property Appraiser Property Information, and K1 form issued to SCURTIS.) x. 200 Building Limited Partnership, Ltd., as formed on April 9, 2004, and

purchased the property located at 200 SW 12^th Avenue Miami, Florida 33135, with Folio: 01-4102-006-1930. (Exhibit 45, Containing Certificate of Limited Partnership from Sunbiz.org, Property Appraiser Property Information, and K1 form issued to SCURTIS.)

y. Church Avenue Apartments Limited Partnership, Ltd., was formed on July 12, 2004, and purchased the properties located at

i. 6059 N. Church Avenue Tampa Florida, 33614, with Hillsborough County Clerk of Court Folio # 029163-0100.

ii. 6059 N. Legends Villa Dr. Tampa Florida, 33614, with Hillsborough County Clerk of Court Folio # 029249-0000. (Exhibit

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46, Containing Certificate of Limited Partnership from Sunbiz.org, Property Appraiser Property Information, and K1 form issued to SCURTIS.)

z. 5th Avenue Apartments Limited Partnership, Ltd., was formed on July 16, 2004, and purchased the properties located at

i. 5675 5th Avenue North, St Petersburg, Florida, 33710, with Pinellas County Clerk of Court Folio# 16-31-16-77958-000-0070.

ii. 4900 N. MacDill Avenue Tampa Florida 33614 with Hillsborough County Property Appraiser Folio # 106458-0000.

iii. 4111 Poplar Avenue Tampa Florida 33603 with Hillsborough County Property Appraiser Folio # 166567-0000.

iv. 5505 N. Himes Avenue Tampa Florida 33614 with Hillsborough County Property Appraiser Folio # 102966-0000. (Exhibit 47, Containing Certificate of Limited Partnership from Sunbiz.org, Articles of Organization for A.C.R.E.I. II, L.L.C, and Property Appraiser Property Information.)

119. SCURTIS would have exercised his right to purchase each Partnership property listed in Paragraph 118, had RODRIGUEZ performed pursuant to his contractual obligations and his Oral Agreement with SCURTIS and had offered to sell his interest in the Partnerships or Partnership properties to SCURTIS before selling them to another.

120. Upon each of RODRIGUEZ’s sale of the respective Partnership properties listed in Paragraph 118, SCURTIS was stripped of the opportunity to purchase each Partnership property as guaranteed to him by his Oral Agreement with RODRIGUEZ, the “Right of First Refusal” clause contained in the NPV Partnership Agreement and the “Right of First Refusal” clause contained in each Limited Partnership Agreement for each Limited Partnership listed in Paragraph 118.

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121. SCURTIS is additionally entitled to five percent (5%) of the proceeds from the sale of each piece of real property listed in Paragraph 118 above, pursuant to RODRIGUEZ’S and SCURTIS’ Oral Agreement, the A.C.R.E.I., L.L.C., Operating Agreement, the A.C.R.E.I., II L.L.C Operating Agreement, the NPV Partnership Agreement and the written Limited Partnership Agreement for each respective Limited Partnership listed in Paragraph 118. (Exhibit 4) (Exhibit 9) (Exhibit 47)

122. SCURTIS has not received five percent (5%) of the proceeds from the completed sales of properties listed in Paragraph 118.

123. SCURTIS has the exclusive right to encumber or sell each piece of real property listed in Paragraph 118 according to the Limited Partnership Agreement for each Limited Partnership Agreement listed in Paragraph 118, the A.C.R.E.I., L.L.C.

Operating Agreement, the A.C.R.E.I., II L.L.C Operating Agreement and RODRIGUZ and SCURTIS Oral Agreement. (Exhibit 4) (Exhibit 9) (Exhibit 47)

124. Pursuant to each Limited Partnership Agreement for each respective Limited Partnership listed in Paragraph 118, the NPV Partnership Agreement, and the Oral Agreement between RODRIGUEZ and SCURTIS, SCURTIS had the right to purchase each piece of real property listed in Paragraph 118 from RODRIGUEZ before RODRIGUEZ sold the Partnership property or his Partnership interest to anyone else. (Exhibit 4) (Exhibit 9)

125. Table 1, below, displays all Limited Partnerships formed by the RODRIGUEZ- SCURTIS General Partnership that A.C.R.E.I., L.L.C. served as the General Partner

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to, thereby granting to SCURTIS, as the sole Member and Manager of A.C.R.E.I., L.L.C., the exclusive authority to encumber or sell any piece of real property listed in Table 1. Each Limited Partnership listed in Table 1 was governed by the “Right of First Refusal” clause detailed above and had RODRIGUEZ and SCURTIS as Limited Partners and SCURTIS as the General Partner to the respective Limited Partnerships.

(Exhibit 4) (Exhibit 9) (Exhibit 47) Table 1 (Next Page)

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126. Every sale of Partnership real property executed by RODRIGUEZ, as reflected in Table 1, is a fraudulent transfer of Partnership real property and in violation of the Limited Partnership Agreement for each Limited Partnership Agreement listed in

Ownership Date Sold Purchase Price Sales Price Sales Proceeds

455 Building LTD 12/18/2009 $558,000.00 $505,100.00 -$52,900.00

420 Apartments LTD 12/4/2013 $1,500,000.00 $990,000.00 -$510,000.00

6th Avenue LTD 12/8/2009 $548,000.00 $993,000.00 Multi Folio

Sub Total $1,395,500.00 $993,000.00 -$402,500.00

103-05 Building LTD 9/3/2011 $221,000.00 $367,500.00 $146,500.00

2328 NE 6 Ave LTD 12/18/2009 $275,000.00 $258,000.00 -$17,000.00

500 NE 24th ST LTD 12/18/2009 $1,531,900.00 $2,943,000.00 Multi Folio 501 NE 24th ST LTD 12/18/2009 $1,531,900.00 $2,943,000.00 Multi Folio 502 NE 24th ST LTD 12/18/2009 $1,531,900.00 $2,943,000.00 Multi Folio 503 NE 24th ST LTD 12/18/2009 $299,000.00 $2,943,000.00 Multi Folio

504 NE 24th ST LTD 12/18/2009 $0.00 $2,943,000.00 Multi Folio

505 NE 24th ST LTD 12/18/2009 $350,000.00 $2,943,000.00 Multi Folio 506 NE 24th ST LTD 12/18/2009 $600,000.00 $2,943,000.00 Multi Folio 507 NE 24th ST LTD 12/18/2009 $570,000.00 $2,943,000.00 Multi Folio

Sub Total $3,350,900.00 $2,943,000.00 -$407,900.00

750 Bayfront LTD 3/11/2011 $1,300,000.00 $1,500,000.00 $200,000.00

Newport Pinetree & Lakeside I LTD 5/19/2011 $5,100,000.00 $3,500,000.00 -$1,600,000.00 Oak Courts Acquisition LTD 6/30/2015 $6,525,000.00 $8,250,000.00 $1,725,000.00

Wood Creek 10/19/2005 $7,150,000.00 $2,850,000.00 -$4,300,000.00

Regency Park 12/28/2009 $8,800,000.00 $5,301,582.00 -$3,498,418.00

Windjammer Acquisition LTD 2/17/2012 $8,000,000.00 $4,062,500.00 -$3,937,500.00 Church Avenue Apt. LTD 9/15/2011 $1,800,000.00 $1,965,000.00 Multi Folio

Church Avenue Apt. LTD 9/15/2011 $1,800,000.00 $1,385,000.00 Multi Folio

Sub Total $1,800,000.00 $3,350,000.00 $1,550,000.00

Horizon Acquisition LTD 3/14/2014 $6,200,000.00 $4,482,192.00 -$1,717,808.00 Riverbrook Acquisition LTD 3/14/2014 $10,300,000.00 $5,742,808.00 -$4,557,192.00 Ashley Acquisition LTD 4/1/2014 $12,300,000.00 $8,925,000.00 -$3,375,000.00

TOTALS $74,775,400.00 $54,020,682.00 -$20,754,718.00

TO BE DETERMINED

Roya l Gul f LTD 9/6/2013 $7,920,000.00 $0.00 $0.00

Col ony Oa ks Acqui s i ti on LTD 4/8/2010 $0.00 $0.00 $0.00

Ha rbor Poi nte Acqui s i ti on LTD 8/2/2011 $0.00 $0.00 $0.00

Creekwood Acqui s i ti on 3/10/2014 $0.00 $0.00 $0.00

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Table 1, the A.C.R.E.I., L.L.C. operating agreement, the NPV Partnership Agreement and RODRIGUEZ and SCURTIS’ Oral Agreement to offer each other the “Right of First Refusal.” (Exhibit 4) (Exhibit 9)

127. RODRIGUEZ has never offered to sell his Partnership Interest or a Partnership property to SCURTIS, or consulted SCURTIS prior to selling his Partnership interest or Partnership property to someone else, in violation of his fiduciary duties to his Partner SCURTIS. The sales executed by RODRIGUEZ resulted in the

RODRIGUEZ-SCURTIS Partnership receiving approximately $20,000,000.00 less then what the Partnership paid to acquire the properties.

128. RODRIGUEZ has executed several Limited Partnership Agreements with SCURTIS that describe in detail the process he must undertake before selling his Partnership Interest or a Partnership property. (Exhibit 9)

129. The process includes, but is not limited to, the Partner considering selling his Interest or a Partnership property, SHALL present to the Partnership a “Statement of Intention to Transfer or Encumber” which states “the name and address of the prospective purchaser or lienor, the interest involved in the proposed transfer or encumbrance and the terms of such transfer or encumbrance.” The Partnership then has thirty (30) days to elect to purchase the Partner’s interest in the Partnership. If such offer is not accepted by the Partnership, the other Partner may, within forty five (45) days after the receipt of such offer, at their option, purchase all of the

Transferor’s interest in the Partnership.” (Exhibit 9)

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130. Table 1 reflects that fact that RODRIGUEZ has violated his Fiduciary duties to SCURTIS at least 24 times, by selling RODRIGUEZ-SCURTIS Partnership

properties and failing to comply with his contractual obligation to offer his interest in the Partnership or Partnership properties to his Partner SCURTIS prior to selling his interest in the Partnership or Partnership real property to another in violation of the Limited Partnership Agreement for each Limited Partnership Agreement listed in Table 1, the A.C.R.E.I., L.L.C. operating agreement, the NPV Partnership Agreement and RODRIGUEZ and SCURTIS’ Oral Agreement. (Exhibit 4) (Exhibit 9)

(2003-2004): Edgewater a.k.a. “The Promise Land”

131. RODRIGUEZ and SCURTIS had numerous discussions about building

“generational wealth” for the RORDIGUEZ and SCURTIS families.

132. The discussions about building “generational wealth” involved the adjoining parcels of land that SCURTIS acquired in the Edgewater neighborhood of Miami, Florida on behalf of the RODRIGUEZ-SCURTIS General Partnership.

133. SCURTIS acquired the adjoining parcels in Edgewater through ingenuity and hard work.

134. To acquire the adjoining parcels in Edgewater, SCURTIS searched public databases to determine the owners of all the properties in the designated area.

135. SCURTIS then created a direct mailer to send to the owners of the parcels offering to purchase their parcels from them. (Exhibit 48)