DY qe DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULASION = FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 2005024981 BRADFORD NOEL EMMER, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (hereinafter "Petitioner”) files this Administrative Complaint against Bradford Noel Emmer (hereinafter "Respondent") and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, in particular Section 20.165, Florida Statutes, Chapters 120, 455 and 475, Florida Statutes, and the rules promulgated pursuant thereto. 2. Respondent is and was at all times material hereto a licensed Florida real estate broker, issued license number 575163 in accordance with Chapter 475, Florida Statutes. 3. The last license issued was as a broker with EquityMax Inc., 6216 North Federal Hwy., Ft. Lauderdale, Florida 33380. FDBPR v. Bradford Noel Emmer Case No. 2005024981 Administrative Complaint 4. On or about August 16, 2005, Respondent pled guilty to tax evasion in the United States District Court, Southern District of Florida. Copies of the plea agreement and judgment are attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 1. 5. Respondent is currently confined in a federal prison. COUNT I Based upon the foregoing, Respondent is guilty of having been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime which involves moral turpitude or fraudulent or dishonest dealing in violation of Section 475.25()(f), Florida Statutes. COUNT II Based upon the foregoing, Respondent is guilty of being confined in a federal prison thereby being in violation of Section 475.25(1)(n), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or the Department of Business and Professional Regulation, as may be appropriate, to issue a Final Order as final agency action finding the Respondent(s) guilty as charged. The penalties which may be imposed for violation(s) of Chapter 475, Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license or registration or permit; suspension of the license, registration or permit for a period not to exceed ten (10) years, imposition of an administrative fine of up to $1,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; FDBPR v. Bradford Noel Emmer Case No. 2005024981 Administrative Complaint imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant or permitee to complete and pass additional real estate education courses; publication; or any combination of the foregoing which may apply. See Section 475.25(1), Florida Statutes and Rule 6132-24.001, Florida Administrative Code. The penalties which may be imposed for violation(s) of Chapter 455, Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license, registration, or permit; suspension of the license, registration, or permit for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or permitee to complete and pass additional real estate education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist order; or any combination of the foregoing which may apply. See Section 455.227, Florida Statutes and Rule 61J2-24.001, Florida Administrative Code. SIGNED this__<73 day of sJamutcaey , 2006. Ih ; Department of Business and erent of Profe Professional Regulation Dhdsion 4 By: Michael E. Murphy . Division Director Hodis ioe meccrnmeentnae ET Division of Real Estate a2Jeu pcereenne TORE FDBPR v. Bradford Noel Emmer Case No. 2005024981 Administrative Complaint ATTORNEY FOR PETITIONER Stacy N. Robinson Pierce Florida Bar N° 182796 Senior Attorney, Real Estate Department of Business and Professional Regulation, Legal Section - Suite N 801 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1757 (407) 481-5632 (407) 317-7260 FAX Ik PCP: PH/LJ 1/06 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action. PLEASE BE FURTHER ADVISED that pursuant to this Administrative Complaint you may request, within the time allowed by law, a hearing to be conducted in this matter in accordance with Sections 120.569 and 120.57, Florida Statutes; that you have the right, at your option and expense, to be represented by counsel or other qualified representative in this matter; and that you have the right, at your option and expense, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf if a formal hearing is requested. PLEASE BE FURTHER ADVISED that if you do not file an Election of Rights form or some other responsive pleading with the Petitioner within twenty-one (21) days of receipt of this Administrative Complaint, the Petitioner will file with the Florida Real Estate Commission a motion requesting an informal hearing and entry of an appropriate Final Order which may result in the suspension or revocation of your real estate license or registration. Please see the enclosed Explanation of Rights and Election of Rights form. HLB/hib UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. bu — Zz 0 ie (P= Olp. UNITED STATES OF AMERICA v. BRADFORD NOEL EMMER, Defendant. / PLEA AGREEMENT | The United States Attorney’s Office for the Southern District of Florida (“this Office”) and Bradford Noel Emmer (hereinafter referred to as the “defendant”) enter into the following agreement: 1. The defendant agrees to plead guilty to the only count of an information charging that on or about April 15, 2002, in the Southern District of Florida, the defendant, a resident of Fort Lauderdale, Florida, did willfully attempt to evade and defeat a large part of the income tax due and owing by him to the United States of America for the calendar year 2001, by filing and causing to be filed with the Internal Revenue Service, at Atlanta, Georgia, a false and fraudulent U.S. Individual Income Tax Return, Form 1040, wherein the defendant stated that his taxable income for the calendar year 2001 was the sum of $3,443,414, and that the amount of tax due and owing thereon was the sum of $1,318,433, whereas, as he then and there well knew and believed, his taxable income for the said calendar year was the sum of $4,151,813.36, upon which said taxable income there was owing to the United States of America an income t&xréf@i | 5.4.01 Giolation of ° correct ore ihe aounint on ate i ant 186, Sere Avavedar Ace an |nitial Southgy De ADMINISTRATIVE COMPLAINT. ExHipit #__ I PAGE EXHIBIT_S[-1 4 Panc appearance on such information before a federal magistrate judge in Miami, Florida on any date designated by this Office. 2. The defendant agrees to waive in open court his right to prosecution by indictment for this offense. 3. The defendant is aware that the sentence will be imposed in conformity with the Federal Sentencing Guidelines and Policy Statements (hereinafter “Sentencing Guidelines”), and that the applicable guidelines will be determined by the Court relying in part on the results of a Pre- Sentence Investigation by the Court’s Probation Office, which investigation will commence after the guilty plea has been entered. The defendant is also aware that, under certain circumstances, the Court may depart from the applicable guideline range and impose a sentence that is either more severe or less severe than the. guideline range. Defendant hereby knowingly, intelligently, and voluntarily waives any constitutional challenge to the Sentencing Guidelines, waives indictment and trial by jury on all findings relevant to sentencing, and agrees that the Court may make all such findings by a preponderance of the evidence based on any reliable evidence, including hearsay. Defendant understands and acknowledges that the Court has the authority to impose any sentence up to the statutory maximum authorized by law and that the defendant may not withdraw the plea solely as a result of the sentence imposed. Defendant acknowledges that he has discussed this waiver and its consequences fully with his attorney and that he understands the nature and consequences of the waiver. 4. The defendant also understands and acknowledges that the Court may impose a statutory maximum term of imprisonment of up to five years, followed by a term of supervised release of up to three years. In addition to a term of imprisonment and supervised release, the Court -2- ADMINISTRATIVE COMPLAINT exHisit #_! PAGE _& OF may impose a fine of up to the greater of (i) $250,000, (ii) twice the gross gain from the offense, or (iii) twice the gross loss from the offense. 5. The defendant further understands and acknowledges that, in addition to any sentence imposed under paragraph 3 of this agreement, a special assessment in the amount of $100 will be imposed on the defendant. The defendant agrees that any special assessment imposed shall be paid at the time of sentencing. 6. This Office reserves the right to inform the Court and the Probation Office of all facts pertinent to the sentencing process, including all relevant information conceming the offenses committed, whether charged or not, as well as concerning the defendant and the defendant’s background. Subject only to the express terms of any agreed-upon sentencing recommendations contained in this agreement, this Office further reserves the right to make any recommendation as to the quality and quantity of punishment. 7. This Office agrees that it will recommend at sentencing that the court reduce by two levels the sentencing guideline level applicable to the defendant’s offenses, pursuant to Section 3E1.1(a) of the Sentencing Guidelines, based upon the defendant’s recognition and affirmative and timely acceptance of personal responsibility. If at the time of sentencing the defendant’s offense level is determined to be 16 or greater, this Office will submit a motion requesting an additional one level decrease pursuant to Section 3E1.1(b) of the Sentencing Guidelines, stating that the defendant has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the government and the court to allocate their resources efficiently. This Office, however, will not be required to make this motion and recommendation if the defendant: -3- ADMINISTRATIVE § exnigit # TF mete (1) fails or refuses to make a full, accurate and complete disclosure to the Probation Office of the circumstances surrounding the relevant offense conduct; (2) is found to have misrepresented facts to the government prior to entering into this plea agreement; or (3) commits any misconduct after entering into this plea agreement, including but not limited to committing a state or federal offense, violating any term of release, or making false statements or misrepresentations to any governmental entity or official. 8. This Office and the defendant agree that, although not binding on the Probation Office or the Court, they will jointly recommend that the Court make the following findings and conclusions as to the sentence to be imposed: a. Guidelines Manual: That the edition of the Sentencing Guidelines that became effective November 1, 2001, is the applicable guidelines manual in determining the defendant’s sentence; b. Loss: That the relevant amount of actual, probable or intended tax loss under Section 2T4.1 of the Sentencing Guidelines resulting from the offense committed in this case is $340,250.66. 9. This Office agrees that it will not seek additional upward specific offense characteristics, enhancements, or upward departures to or from the defendant’s offense level beyond those, if any, specifically referred to in this agreement, except that this Office shall have the right in its discretion to seek additional upward specific offense characteristics, enhancements, or upward departures to or from the defendant’s offense level beyond those, if any, specifically referred to iri this agreement where any such additional upward specific offense characteristics, enhancements, or upward departures to or from the defendant’s offense level would be based on conduct occurring INISTRATIVE COMPLAINT after the date the defendant and his attorney sign this agreement. The defendant agrees that he will not seek additional downward specific offense characteristics, reductions, or downward departures to or from the defendant’s offense level beyond those, if any, specifically referred to in this agreement. However, in the event the Probation Office recommends any specific offense characteristics, enhancements, reductions, or departures to or from the defendant’s offense level other than those, if any, specifically referred to in this agreement, either party shall have the right but not the obligation to oppose any such recommendation. 10. Nothing contained in this agreement, including but not limited to the parties” recommendation as to the "tax loss" amount under the Sentencing Guidelines, shall estop or prevent the Internal Revenue Service from conducting a civil inquiry and making such findings and determinations as it deems lawful and appropriate in connection therewith, or estop or restrict the defendant from contesting and appealing such findings and determinations in an appellate process before the Internal Revenue Service or the courts of the United States as provided for by law or procedures established by the Internal Revenue Service, except that the defendant shall be estopped from denying that penalties under I.R.C. sec. 6672 are applicable to him for the calendar years 2000 and 2001. Notwithstanding anything that may be to the contrary in the previous sentence, the defendant may contest the amount, as opposed to the applicability, of any such penalty in a proper judicial forum or before the Internal Revenue Service. 11. In the event the defendant withdraws from this agreement prior to pleading guilty to the charges identified in paragraph 1 above or otherwise fails to fully comply with any of the terms of this plea agreement, this Office will be released from its obligations under this agreement, and the defendant agrees and understands that (1) he thereby waives any protection afforded by the proffer INISTRATIVE COMPLAINT EXHISIT # of PAGE Sof letter agreement between the parties dated April 2, 2003, Section 1B1.8(a) of the Sentencing Guidelines, Rule 1 1(e)(6) of the Federal Rules of Criminal Procedure, and Rule 410 of the Federal Rules of Evidence, and that any statements made by him as part of plea discussions, any debriefings or interviews, or in paragraph 13 of this agreement, whether made prior to or after the execution of this agreement, will be admissible against him without any limitation in any civil or criminal proceeding; and (2) the defendant stipulates to the admissibility and authenticity, in any case brought by the United States in any way related to the facts referred to in paragraph 13 hereof, of any documents provided by the defendant or his representatives to the Internal Revenue Service and/or this Office. 12. _ This Office represents that the undersigned prosecutor is unaware of any information establishing the factual innocence of the defendant in the offense referred to in paragraph one of this agreement. This Office understands it has a continuing duty to provide such information establishing factual innocence of the defendant. The defendant understands that if this case proceeded to trial, this Office would be required to provide impeachment information relating to any informants or other witnesses. In addition, if the defendant raised an affirmative defense, this Office would be required to provide information in its possession that supports such a defense. Further, if this case proceeded to trial, this Office would be required to provide other information and materials in accordance with Fed. R. Crim. P. 16 and the Southern District of Florida’s Standing Discovery Order. In return for the Government's promises set forth in this agreement, the defendant waives the right to receive in discovery any such information and materials other than information and materials establishing the factual innocence of the defendant, and agrees not to attempt to withdraw the guilty plea or to file MOMINISTRATIVE COMPLAINT t EXHIBIT ye PAGE a collateral attack based on the existence of such information and materials other than information and materials establishing the factual innocence of the defendant. 13. The defendant acknowledges that he is pleading guilty because he isin fact guilty. The defendant certifies that the defendant does hereby admit that the facts set forth below are true, and were this case to go to trial, the United States would be able to prove these facts beyond a reasonable doubt: FACTS The defendant knowingly and willfully evaded the payment of a substantial portion of his federal income taxes for the calendar years 2000 and 2001. The defendant is the sole owner of EquityMax, areal estate broker and mortgage lender in Ft. Lauderdale, Florida. EquityMax provides hard equity loans to customers throughout South Florida. EquityMax’s largest client in 2000 and 2001 was D.G. The defendant issued loans to D.G. and his companies from EquityMax as well as from his IRA. At various times the defendant gave D.G. and his companies discounts ranging from 10% to 20% on his monthly interest payments in consideration of the fact that D.G. was making those payments in cash. From 2000 through 2001, the defendant omitted $770,102.73 of those cash payments from EquityMax's income tax returns. Because EquityMax is a Subchapter S corporation, the defendant’s omission of this income from his corporate tax returns caused the income on his personal returns to be underreported. Additionally, the defendant omitted from his 2001 personal income tax return $98,100.00 in mortgage interest income that he received from loans he issued from his IRA. The overall tax loss from this two-tax-year scheme was $340,250.66. As to the specifics of the fraudulent tax return filed for the calendar year 2000, the defendant caused a false and fraudulent joint U.S, Individual Income Tax return, Form 1040, for that year to ARMINISTRATIVE COMPLAINT Exnigit 4! PAG 2? OF rere be prepared in Fort Lauderdale, Florida on behalf of himself and his spouse. He signed that return on April 9, 2001, in Fort Lauderdale, Florida and caused it to be filed with the Internal Revenue Service in Atlanta, Georgia. The return falsely stated that the defendant and his wife’s joint taxable income for 2000 was the sum of $2,981,373, and that the amount of tax due and owing thereon was the sum of $1,153,292. The reported income, as the defendant then and there well knew, should have been $3,141,176.37 and the tax due and owing should have been reported as $1,216,573.74. As to the specifics of the fraudulent tax return filed for the calendar year 2001, the defendant caused a false and fraudulent joint U.S. Individual Income Tax return, Form 1040, for that year to be prepared in Fort Lauderdale, Florida on behalf of himself and his spouse. He signed that return on April 13, 2002, in Fort Lauderdale, Florida and caused it to be filed with the Internal Revenue Service in Atlanta, Georgia. The return falsely stated that the defendant and his wife’s joint taxable income for 2001 was the sum of $3,443,414, and that the amount of tax due and owing thereon was the sum of $1,318,433. The reported income, as the defendant then and there well knew, should have been $4,151,813.36 and the tax due and owing should have been reported as $1,595,401.92, 14. The defendant is aware that Title 18, United States Code, Section 3742 affords the defendant the right to appeal the sentence imposed in this case. Acknowledging this, in exchange for the undertakings made by the United States in this plea agreement, the defendant hereby knowingly, intelligently, and voluntarily waives all rights conferred by Section 3742 to appeal any sentence imposed, including any restitution order, or to appeal the manner in which the sentence was imposed, unless the sentence exceeds the maximum permitted by statute or is the result of an upward departure from the guideline range that the court establishes at sentencing. This appeal waiver includes a waiver of the right to appeal the sentence on the ground that the sentencing guidelines are ABMINIST RAT NISTRATIVE Comp; Exnipit gf PMAINT LO in any respect unconstitutional, or on the grounds that any fact found by the Court at sentencing was not alleged in the indictment, admitted by the Defendant, found by a jury, or found beyond a reasonable doubt. The defendant further understands that nothing in this agreement shall affect the government’s right and/or duty to appeal as set forth in Title 18, United States Code, Section 3742(b). However, if the United States appeals the defendant’s sentence pursuant to Section 3742(b), the defendant shall be released from the above waiver of appellate rights, except for the waiver of appeal on the ground that the sentencing guidelines are in any respect unconstitutional and on the grounds that any fact found by the Court at sentencing was not alleged in the indictment, admitted by the defendant, found by a jury, or found beyond a reasonable doubt. By signing this agreement, the defendant acknowledges that he has discussed the appeal waiver set forth in this agreement with his attorney. The defendant further agrees, together with the United States, to request that the district court enter a specific finding that the defendant’ s waiver of his right to appeal the sentence imposed in this case was knowing, intelligent, and voluntary. 15. | The defendant is aware that the sentence has not yet been determined by the Court. The defendant also is aware that any estimate of the probable sentencing range or sentence that the defendant may receive, whether that estimate comes from the defendant’s attorney, the government, or the Probation Office, is a prediction, not a promise, and is not binding on the government, the Probation Office or the Court. The defendant understands further that any recommendation that the government makes to the Court as to sentencing, whether pursuant to this agreement or otherwise, is not binding on the Court and the Court may disregard the recommendation in its entirety. The defendant understands and acknowledges, as previously acknowledged in paragraph 2 above, that the defendant may not withdraw his plea based upon the Court’s decision not to accept a sentencing ADMINISTRATIVE COMPLAINT exer 41. Ul | 1 os] i-bo:(ss-wu) NoLtvund . :CISD . 980P'SING - C/L ERM 1LAUAS « fous 1UByAed Waysea] We 8Z:1C:2 POOTIOE!S LY OADY + Zz BOWd . i Aua~30-2004 02:30pm From-RUDEN MCCLOSKY 17 FL AT 547844006 "T5109 p.008/003. P-562 : \ recommendation made by the defendant, the goverment, orarecommendation made jointly by both the defendant and the government. 16, Notwithstanding anything to thd contrary herein, this agreement is rubject to the approvel of the Tax Division of the United States Department of Justice, which approval shall be - denied withheld unless and until the United Sites provides the defendant with written notice of such approval, ! , “1 This agreement, together with thd prose letter agreement between the parties dated April 2, 2003, constitute the entire agreement aid understanding between the United States and the defendant. There are no other agreements, promises, representations, or understandings. ioe (MARCOS DANIEL JIMENRZ lUNITED STATES ATTORNEY paw: /> sfoS ‘by: CBLACK WONT UNTRED STATES ATTORNEY pae_& {3004 andy UDQLEE ENEY HADES Date: foley PAGE 12/92* RCVD AT €124:2006 9234.58 PM [eamem ‘Cayiipnt tyme) * SVACFTLWEB I i ADMINISTRATIVE COMPLAINT a-g EXHIBIT #___! PAGE 10 oF ONIR:4036 * CBID:205 520 8968 * OURATION (mm-097:05-00 OBER 13fNSSH1 dH Wd2ei2 OOO OF 3ny — Vu USDC FLSD 2488 4Res 1203) - Judgment in a Cruminal Case United States District Court AUG 1? 2005 Southern District of Florida CLARENCE MADDOX MIAMI DIVISION SD OF Flan Mian UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE v. Case Number: 04-20702-CR-GOLD BRADFORD NOEL EMMER USM Number: 64115-004 Counsel For Defendant: Bruce L. Udoif. Esquire Counsel For The United States: AUSA Hugo L. Black, IIf Court Reporter: Joseph Millikan The defendant pleaded guilty 10 Count(s) | of the Information. The defendant is adjudicated guilty of the following offense(s): TITLE/SECTION NATURE OF NUMBER OFFENSE OFFENSE ENDED COUNT 26 U.S.C. §7201 Tax evasion. 04/13/02 1 The defendant is sentenced as provided in the following pages of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. It is ordered that the defendant must notify the United States attomey for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs and special assessments imposed by this judgment are fully paid. If ordered to pay restitution, the defendant must notify the court and United States attorney of any material changes in economic circumstances. Date of Imposition of Sentence: 8/16/2005 ALAN S. GOLD United States District Ivdge August _t?. 2005 Certified to be atrua end | correct’ cepy oi the decument.on file Clarence ux EAFIBIT_S/-2 PAGE 13 ena USDC FLSD 2498 (Rev 12/03) - Judgment in a Criminal Case Page 2 of b DEFENDANT: BRADFORD NOEL EMMER CASE NUMBER: 04-20702-CR-GOLD IMPRISONMENT The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of twelve (12) months and one (1) day. The Court makes the following recommendations to the Bureau of Prisons: The defendant be designated to a prison camp in the Southern D. of Florida or, in the altemative. in the State of Florida. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 12:00 noon on November 16, 2005. RETURN I have executed this judgment as follows: Defendant delivered on to at , with a certified copy of this judgment. UNITED STATES MARSHAL By: Deputy U.S. Marshal RALMIS TRATIVE COMPLAINT. USDC FLSD 2458 (Rev 12/03) - Judgment sna Cruminal Case Page 3 of 6 DEFENDANT: BRADFORD NOEL EMMER CASE NUMBER: 04-20702-CR-GOLD SUPERVISED RELEASE Upon release from imprisonment, the defendant shali be on supervised release for a term of 2 years. The defendant shal! report to the probation office in the district to which the defendant is released within 72 hours of release from custody of the Bureau of Prisons. The defendant shall not commit another federal, state or local crime. The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use ofa controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, as determined by the court. The defendant shall not possess a firearm, destructive device, or any other dangerous weapon. If this judgment imposes a fine or a restitution obligation, it is a condition of supervised release that the defendant pay in accordance with the Schedule of Payments sheet of this judgment. The defendant must comply with the standard conditions that have been adopted by this court as well as any additional conditions on the attached page. STANDARD CONDITIONS OF SUPERVISION The defendant shal! not leave the judicial district without the permission of the court or probation officer; 2. The defendant shall report to the probation officer as directed by the court or probation officer and shall submit a truthful and complete written report within the first five days of each month; 3. The defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; 4. The defendant shall support his or her dependents and meet other family responsibilities; 5. ‘The defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons: 6. The defendant shal! notify the probation officer at least ten (10) days prior to any change in residence or employment: 7. The defendant shall refrain from the excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to uny controlled substances, except as prescribed by a physician: 8. The defendant shall not frequent places where controlled substances are illegally sold. used, distributed, or administered: 9. The defendant shall not associate with any persons engaged in criminal activity, and shail not associate with any person convicted of a felony unless granted permission to do so by the probation officer: 10, The defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view by the probation officer; We The defendant shall notify the probation officer within seventy-two (72) hours of being arrested or questioned by a law enforcement officer, $2, Fhe defendant sha}] not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court: 13. As directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics, and shall permit the probatiun officer to make such notifications and to confirm the defendant's compliance with such notification requirement. ADMINIS] RA IS USDC FLSD 2456 (Rev 12/03) - Judyment in a Crminal Case Paye dof t DEFENDANT: BRADFORD NOEL EMMER CASE NUMBER: 04-20702-CR-GOLD SPECIAL CONDITIONS OF SUPERVISION The defendant shall also comply with the following additional conditions of supervised release: The defendant shal! provide complete access to financial information, including disclosure of all business and personal finances, to the U.S, Probation Officer. The defendant shall submit to a search of his person or property conducted in a reasonable manner and at a reasonable time by the U.S. Probation Officer. The defendant shall cooperate fully with the Internal Revenue Service in determining and paying any tax liabilities. The defendant shal! provide to the Internal Revenue Service all requested documents and information for purposes of any civil audits, examinations, collections, or other proceedings. It is further ordered that the defendant file accurate income tax returns and pay all taxes, interest, and penalties due and owing by him/her to the Internal Revenue Service. a COMPLAINT. RPA LY ADMINIS IRAU MaIBIT 4 PE _ OF em PAGE ee VE 1 USDC FLSD 24458 (Rev 12,03) - Judgment in a Criminal Case . Page S of b DEFENDANT: BRADFORD NOEL EMMER CASE NUMBER: 04-20702-CR-GOLD CRIMINAL MONETARY PENALTIES The defendant must pay the total criminal monetary penalties under the Schedule of Payments. Total Assessment Total Fine Total Restitution $100.00 $4,000.00 $ “Findings for the total amount of losses are required under Chapters 109A, 110, 110A. and 113A of Title 18, United States Code, for offenses committed on or after September 13. 1994, but before April 23, 1996, TRATIVE COMPLAINT. USDC FLSD 2458 (Rev 12/03) - Judgment in a Crimina) Case Paye 0 of 6 DEFENDANT: BRADFORD NOEL EMMER CASE NUMBER: 04-20702-CR-GOLD SCHEDULE OF PAYMENTS Having assessed the defendant’s ability to pay. payment of the total criminal monetary penalties are due as follows: A. Lump sum payment of $100.00 due immediately. Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons’ Inmate Financial Responsibility Program, are made to the clerk of the court. The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed. The assessment/fine/restitution is payable to the U.S. COURTS and is to be addressed to: U.S. CLERK’S OFFICE ATTN: FINANCIAL SECTION 301 N. MIAMI AVENUE, ROOM 150 MIAMI, FLORIDA 33128 The assessment/fine/restitution is payable immediately. The U.S. Bureau of Prisons, U.S. Probation Office and the U.S. Attorney’s Office are responsible for the enforcement of this order, Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) community restitution, (6) fine interest (7) penalties, and (8) costs, including cost of prosecution and court costs.

Docket for Case No: 08-001594PL